HomeMy WebLinkAbout2023-10-02 SB-min
Select Board Meeting
October 2, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, October 2,
2023, via hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Ms. Hai, and Mr. Sandeen
were present, as well as Ms. Katzenback, Executive Clerk; and Ms. Kosnoff, Assistant Town Manager for
Finance.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Barry extended the Board’s congratulations to a Lexington native, Sal Frelik, who was drafted to the
Milwaukee Brewers recently.
Mr. Sandeen noted that he attended a working group led by Sustainability and Resilience Officer, Maggie
Peard, considering whether to apply for a grant to conduct a networked geothermal feasibility study in the
Town of Lexington. The deadline for that application would be in November 2023.
Mr. Pato reflected on the fact that there was a double shooting that occurred in Lexington on Friday. This
was a sad case of domestic violence. The Board sent its condolences and sympathy to those involved. Ms.
Kosnoff noted that this is an ongoing investigation, and no other details are available at this time.
DOCUMENTS: Select Board Announcements and Liaison Reports - October 2, 2023, TUETestimony-
doublepoles
TOWN MANAGER REPORT
1. Town Manager Weekly Update
There were no additional updates to the Town Manager’s weekly reports.
DOCUMENTS: 9-22-23 Weekly Update, 9-29-23 Weekly Update
CONSENT AGENDA
1. Application: One-Day Liquor License – The Anthem Group, Emery Park, 0 Massachusetts
Avenue - Lexington Pumpkin Fest
To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in
a beer garden/tent within a cordoned off area in Emery Park, 0 Massachusetts Avenue during Lexington
Pumpkin Fest on Saturday, October 14, 2023 from 12:00pm to 8:00pm pending the site review with the
Department of Public Works.
DOCUMENTS: 2023 Lexington Pumpkin Fest Beer Garden/Tent Location Map, 2023 Lexington
Pumpkin Fest Procedures for Serving Alcohol
2. Application: Entertainment License – The Anthem Group, Emery Park, 0 Massachusetts Avenue
- Lexington Pumpkin Fest
To approve an Entertainment License for the Anthem Group for the purpose of providing live musical
performances for patrons of Lexington Pumpkin Fest to take place on Saturday, October 14, 2023 from
12:00pm to 8:00pm in Emery Park, 0 Massachusetts Avenue.
DOCUMENTS: 2023 Lexington Pumpkin Fest Band Location Map
3. Application: One-Day Liquor License - St. Brigid Parish, 1981 Massachusetts Avenue - Italian
Night
To approve a One-Day Liquor License for St. Brigid Parish to serve beer and wine inside the Church Hall
located in the basement of St. Brigid Church, 1981 Massachusetts Avenue for the purpose of Italian Night
on Saturday, November 4, 2023 from 6:00pm to 10:00pm.
4. Applications: One-Day Liquor Licenses – Cary Library Foundation, 1874 Massachusetts Avenue
- Reception for Supporters Fundraising Gala
To approve two One-Day Liquor Licenses for the Cary Library Foundation to serve beer, wine and spirits
at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the following events:
Reception for Supporters, Friday, November 17, 2023 7:00pm to 9:00pm
Fundraising Gala, Saturday, April 6, 2024 7:00pm to 11:00pm
DOCUMENTS: Cary Library Foundation Event Layout - Reception for Supporters, Cary Library
Foundation Event Layout - Fundraising Gala, Cary Library Foundation Procedures for Serving Alcohol
5. Application: One-Day Liquor License – Lexington Historical Society, 1 Bedford Street - Spoons
Out: An 18th Century Tavern Murder Mystery Fundraiser
To approve a One-Day Liquor License for the Lexington Historical Society for the purpose of serving
beer and wine under a tent immediately outside of Buckman Tavern, 1 Bedford Street during for Spoons
Out: An 18th Century Tavern Murder Mystery Fundraiser on Saturday, October 14, 2023 from 7:00pm to
9:00pm pending the approval of the Special Event Permit.
DOCUMENTS: 2023 Lexington Historical Society Murder Mystery Fundraiser Location Map, 2023
Lexington Historical Society Murder Mystery Fundraiser Procedures for Serving Alcohol
6. Application: Entertainment License – Lexington Friends of the Arts d/b/a Munroe Center for the
Arts, Emery Park, 0 Massachusetts Avenue -Art Walk 2023 Celebration
To approve an Entertainment License for the Lexington Friends of the Arts s/b/a Munroe Center for the
Arts for the purpose of providing live musical performance(s) for patrons of the ArtWalk 2023
Celebration to take place on Friday, October 13, 2023 from 6:00pm to 8:00pm in Emery Park, 0
Massachusetts Avenue.
DOCUMENTS: ArtWalk 2023 Celebration Band Location Map
7. Approve Select Board Committee Reappointments
Battle Road Scenic Byway Committee - Richard Canale
Communications Advisory Committee:
o Robert Avallone
o Steven Kaufman
o Nicholas Lauriat
Design Advisory Committee:
o Elisa Kim
o Elizabeth Xu
Economic Development Advisory Committee - David Pronchick
Fence Viewers - David Burns
Lexington Bicycle Advisory Committee - Matthias Beebe
Lexington Council for the Arts - Marie-Aude Hewes
Lexington Human Rights Committee - Stephanie Hsu
Lexington Scholarship and Educational Fund Committee - Raquel Leder
Sustainable Lexington Committee:
o Richard Reibstein
o Daniel Voss
Tourism Committee:
o Marsha Baker
o Kerry Brandin
o Melissa Robbins Clifford
o Gardy Desrouleaux
o Elizabeth Xu
Tree Committee - Patricia Moyer
To reappoint the board and committee members effective on October 1, 2023 as indicated on the list titled
2023 September Board/Committee Reappointments.
DOCUMENTS: 2023 September Board/Committee Reappointments/Do Not Reappoints
8. Approve Select Board Meeting Minutes September 6, 2023 Select Board
To approve and release the September 6, 2023 Select Board meeting minutes.
DOCUMENTS: DRAFT 09062023 Select Board minutes
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing: Flammable Fuel Storage License - 440 Bedford Investors, LLC, 440 Bedford
Street
Mr. Pato opened the hearing at 6:37pm.
Darren Germain, Eastern Propane, on behalf of 440 Bedford Investors, LLC, explained that the request is
for a Flammable Fuel Storage License at 440 Bedford Street, Parcel 84- 41F. The application was
reviewed by Fire, Building, Health, and Conservation department staff who had no objections to the
application. This license request is for the temporary usage of Four 1,000gal above ground storage tanks
(AST) till approximately May 2024, after which time, the AST will be removed from the property and the
License will then be revoked as it will no longer be needed for flammable storage on the property.
There was no public comment at this time. Mr. Pato closed the hearing at 6:39pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a
Flammable Fuel Storage License at 440 Bedford Street, Parcel 84-41F for the storage, operation, and
maintenance of flammable and combustible fuel, as presented.
DOCUMENTS: License application - 440 Bedford Street
2. Approve Zero Waste Plan
Ruth Abbe, Zero Waste Associates, presented the Zero Waste Plan to the Board. This plan primarily
addresses materials that are generated in -Town that are managed by the Town, including the drop off
area at Hartwell, curbside yard trimmings, single stream recycling, and trash. Zero Waste initiatives in the
plan include changes to the collections system, such as expanding the compost collection Town wide;
expanding outreach and education efforts; technical assistance and enforcement; a lead by example
initiative; expand the infrastructure at Hartwell; a deconstruction ordinance; and expanding the products,
policies, and programs. An implementation timeline was included in the plan.
Ms. Barry asked if changes can be made to the recently signed five-year trash contract based on this plan.
Dave Pinsonneault stated that there is an opener in the contract that would allow changes.
Mr. Sandeen noted that there have been 84 tear downs in the last year in Town, and the average size of
those tear downs is 2,995 s.f. This leads to approximately 19,000 tons of waste each year, just from those
84 tear downs. This is more than double the waste from all residential trash pickups. He was glad to see
that deconstruction waste is being considered by the plan.
Ms. Hai noted that if the Town is able to reduce the trash component by approximately 7%-30%, this
would also reduce the cost of trash hauling. Mr. Pinsonneault agreed and explained that a slight reduction
will be proposed for the FY25 budget, acknowledging that composting has started. There may be reduced
tonnage, but the tipping fees continue to increase.
Mr. Lucente emphasized that he wants to make sure this does not create any unfairness, or incentives for
people to start using trash receptacles that are not theirs in order to avoid certain situations. There needs to
be enough public outreach to make these items clear.
David Kantor, Vice Chair of the Capital Expenditures Committee (CEC), noted that the CEC believes that
a police training facility at Hartwell still needs to be considered in the future plans.
Laura Swain, President of Lexington Zero Waste Collaborative, explained that two of the group’s
members participated in formation of this plan. The group is supportive of the plan and hopes that the
Board chooses to adopt it. Many stakeholders, including residents, will need to be involved in the plan’s
stated initiatives in order for the Town to succeed and reach the eventual goal of diverting 90% of the
Town's waste from incineration and landfills.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adopt the Zero
Waste Plan.
DOCUMENTS: Lexington Zero Waste Presentation - 10-2-2023, Lexington's Path to Zero Waste Plan
3. Update on Compost Pilot Program Recommendations
Mr. Pinsonneault noted that there are currently approximately 2,600 participants in the food waste
curbside compost program, with additional residents participating in the drop-off program. The hope is to
continue to expand the program.
Maggie Peard, Sustainability & Resiliency Officer, explained that the Zero Waste Reduction Task Force
has developed several options for how the Town could extend and expand the pilot compost program.
Regarding the current pilot program, half of the 2,000 spots were filled the first day, and there is great
enthusiasm to continue expanding the program.
Mr. Pinsonneault stated that the primary scenario would be keeping the existing 2,000 pilot customers and
adding an additional 2,000 potential customers. Black Earth Composting pricing approximates this at
$396,000 to be added to the budget. The second Scenario would be the keep the 2,000 existing pilot
customers, and add 1,000 new customers, for a price of approximately $324,000. The third scenario is to
fully fund the existing 2,600 customers on the program. Currently approximately 600 customers are
paying on their own. The cost for this scenario is approximately $291,000.
Mr. Lucente asked if a reduction in trash has been noticed since this program started. Mr. Pinsonneault
noted that the trash numbers have dropped slightly so far. Ms. Peard noted that a larger public outreach
campaign could be useful in getting more people to sign up for the program.
Mr. Lucente asked how the Town can sustain the budget for this program. Mr. Pinsonnault stated that
there will be some small offset in a reduction in the tipping fee. As ARPA funding was originally used for
this, the program would need to be placed in the budget moving forward.
In response to a question from Mr. Lucente, Mr. Pinsonneault stated that the vendor would be able to
handle an increase to 4,000 participants.
Ms. Barry suggested that the vendor provide staff with a map of which households are currently using this
service, in order to better know where to direct the outreach campaign. She would like to support the first
scenario. She would also like this to be made mandatory across the Town.
Mr. Pato noted that the Board supports scenario one and would like to hear more about the program
during budget proposals this year.
DOCUMENTS: Compost Pilot Options
4. Ad Hoc Transportation Committee Recommendations for Lexpress Bus Service
Deepika Sawhney, Ad Hoc Transportation Committee Chair, presented to the Board regarding
recommendations of the Committee for the future of the Lexpress bus service.
Ms. Kosnoff reviewed the Lexpress budget for the past five years. She noted that the Town's
Transportation Demand Management Fund and an MBTA help to offset the cost of this service to
taxpayers. Costs for the service have been escalating upwards of 30% over the past five years. The current
contract can be extended through FY25, but the Town will then need to seek a new Lexpress contract.
Sally Castleman, AHTC, stated that the Committee’s recommendation is to continue Lexpress and to
invest in improvements to better serve Lexington needs. Also, to accept that Lexpress is a valued and
important asset, and a critical part of the Town's Climate Action Plan. Over the years, it has largely been
budget cuts that are responsible for reducing the service. All public transportation is expensive, and all
public transportation is subsidized. The Town needs to explore shared cost and funding possibilities with
the School transportation budget, and quantitative goals against which to evaluate success. Lexpress
needs an overhaul, in order to realistically design a fixed route service that can attract and keep an ever-
increasing ridership. Compared to other small transit systems, Lexpress has done amazingly well with its
limited budget. The Committee studied seven small transit systems throughout the country, five of which
had fixed route systems. Lexpress metrics were in line with the other small systems in terms of cost per
ride and rides per hour. Lexpress had the highest fare of all the systems studied. However, since its new
unlimited passes were instituted, sales and rides have increased dramatically. The Committee heard from
residents regarding unmet needs that routes are too far from residences, routes are too infrequent, and
there are constant requests for Saturday service. Many disabled and frail elderly residents find that the
ride is unreliable.
Howard Cloth, AHTC, explained that there is a particular unmet transportation need of the senior
community and other vulnerable residents in Town, which is getting from home to the Lexpress route.
There is a demand for an on-demand curb-to-curb service. He suggested a 1–2-year pilot project to
determine if this is a needed service.
Ms. Sawhney explained that the Committee’s recommendation is not to cut Lexpress, but instead to build
on it, especially for those in Town must vulnerable.
Bridger McGaw, AHTC, explained that there is opportunity for Lexpress to build on the trust it has
gained from the public through adequate funding, a fixed route that does not deviate from its route,
consistent headways, maximizing passengers within a quarter mile, and moving users away from cars.
The Town should decide if it wants to embrace and fund this program while noticing its many benefits.
Mr. Lucente stated that he is okay with subsidizing transportation but believes that there may be goals
which oppose each other. He is struggling with how to merge more environmentally conscious
transportation with individual rides for those who need a curb-to-curb program. He is unclear if Lexpress
is currently an environmentally sustainable system. He stated that he supports the program mentioned by
Mr. Cloth.
Ms. Hai stated that the Town has historically underwritten the cost of single occupancy vehicle
transportation. The Town should instead change to a mindset that public transit is a municipal obligation.
Showing the efficacy of Lexpress being environmentally sound will be important.
Mr. Sandeen stated that improved ridership is important in this process. Curb-to-curb rides and reducing
the amount of time between rides are good idea. There seems to be a lot of capital needed for this
program.
Ms. Castleman noted that a good marketing plan is an essential piece for the program.
Dawn McKenna, 9 Hancock Street, stated that she believes an actionable plan will be able to find a
solution, without much additional funding needed.
David Kantor, 48 Pfeiffer Lane, asked if there is a legal constraint on the Town running an on-demand
taxi service versus commercial activities that do the same thing. Mr. Pato stated that he is not aware of
any legal constraints on this at this time.
Mr. Pato thanked the Committee and noted that the Board is excited to read the final report once
completed.
DOCUMENTS: Presentation_The Future of Lexpress
5. Review and Approve Tree Bylaw Working Group Charge
Mr. Pato noted that this is a Town Manager appointed working group. The Board can review and consider
supporting this charge.
Ms. Hai stated that she would prefer the charge be more general in its wording.
Ms. Barry suggested that someone from the IT Department, or from the Land Use Department could be
included in this working group.
There was consensus among the Board to send feedback regarding the scope of the working group for
review.
DOCUMENTS: Tree Bylaw Working Group Charge
6. Special Town Meeting 2023-1
Approve Letter from Town Moderator for Inclusion in Special Town Meeting 2023-1
Warrant
Approve Warrant
Select Board Article Discussion, Presenters and Positions
Ms. Kosnoff explained that the Select Board is being asked to determine if an article amending a Noise
bylaw should or should not be included in the Special Town Meeting 2023-1 Warrant. The Select Board
is also being asked to review and approve the Town Moderator's letter requesting hybrid participation for
Special Town Meeting 2023-1 and to include the letter in the Special Town Meeting 2023-1 Warrant.
Finally, the Select Board is being asked to review and approve the Special Town Meeting Warrant 2023-
1.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
request of the Moderator that Special Town Meeting 2023-1, scheduled to commence Tuesday,
November 7, 2023 at 7:30pm, be held through hybrid participation using a combination of: (1) the Zoom
videoconferencing platform, (2) the online voting tool developed by Select Board member Joe Pato, and
(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of
debate.
Mr. Pato explained that the draft Noise bylaw amendment language would make it clear that ledge
removal work would not be allowed before 9am. He stated that he would prefer to move forward with the
version of the warrant that retains the bylaw change and continue to work between now and Special Town
Meeting to refine that language.
Ms. Hai agreed and noted that the Board can always choose to IP it in the future.
Mr. Lucente disagreed. He stated that there are a lot of changes proposed in the draft document and he is
not comfortable moving forward to hopefully figure out all of the details.
Mr. Sandeen agreed with Mr. Lucente. During the information session, he heard unanimous comments
from the public that this is not yet ready for Special Town Meeting.
Ms. Barry agreed that she is concerned with pushing this forward to Special Town Meeting at this time.
There has been a call from the public for more expert input on this item. She would be in favor of
approving a warrant without Article 11.
Mr. Pato noted that he believes not including this in the warrant is, in many ways, a disservice to the
public in not cleaning up the language that left a loophole. If this is not completed now, there is another
construction season in which this type of work will be happening.
Ms. Hai acknowledged that this could be a disservice, but it could also be a dangerous path if this takes on
a life of its own on Special Town Meeting floor.
There was discussion regarding reconstitution of the Noise Committee.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve and
sign the Special Town Meeting 2023-1 Warrant without the noise bylaw article and authorize staff to
make non-substantive edits as necessary or as recommended by Town Counsel or Bond Counsel.
Mr. Pato noted that he would be assigning presenters for the articles.
DOCUMENTS: Moderator Request, Final Warrant STM 2023-1 9.30 with noise, Final Warrant STM
2023-1 9.30 without noise, Working Document - SB Positions Chart, Memo on Noise Bylaw, Noise
Bylaw Proposal with Recommendations Per Town Manager's Memo, Sandeen redline changes to noise
bylaw
7. Review and Approve Select Board Committee Appointments to the Historic Districts
Commission Associates
List of Candidates for Consideration:
o Robert Adams
o Brien Cooper
o Richard Neumeier
Mr. Pato explained that the Select Board is being asked to appoint associate members to the Historic
Districts Commission. The associate members serve a five-year term. There are currently three openings
with the following term expirations:
December 31, 2024 - the unexpired term of Susan Bennett
December 31, 2026 - the unexpired term of Lee Noel Chase
December 31, 2027 - the unexpired term of Dan Hisel
Per the Special Acts Chapter 447, Acts of 1956, Section 4, candidates are to be nominated by the
Lexington Historical Society, Cary Memorial Library Trustees, and the Lexington Chamber of
Commerce. Candidates shall be residents of the Town of Lexington to be considered for appointment.
The following list of candidates was put forth by the nominating bodies:
Robert Adams
Brien Cooper
Richard Neumeier
The Select Board has the option to fill all, some, or none of the vacancies from the list of nominations.
Mr. Lucente stated that he would like to see a more formal interview process for these positions in the
future.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Robert
Adams as an associate member of the Historic Districts Commission to fill an unexpired term set to
expire on December 31, 2024.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint
Richard Neumeier as an associate member of the Historic Districts Commission to fill an unexpired term
set to expire on December 31, 2026.
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Brien
Cooper as an associate member of the Historic Districts Commission to fill an unexpired term set to
expire on December 31, 2027.
DOCUMENTS: 2023 Historic Districts Commission Associates Application - R. Adams, 2023 Historic
Districts Commission Associates Application - B. Cooper, 2023 Historic Districts Commission
Associates Application - R. Neumeier
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the
meeting at 9:02pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary