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HomeMy WebLinkAbout2023-12-04 SB-min Select Board Meeting December 4, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, December 4, 2023, via a remote meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. Chair Pato called the meeting to order at 6:30pm. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Litigation – Trademark Infringement VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to enter Executive Session under Exemption 3: Discuss Strategy with Respect to Litigation at 6:34pm. and to reconvene in open session, and, further, to declare that an open meeting discussion may have a detrimental effect on the litigating position of the Town. The Board returned to open session at 7:00pm. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai that election papers will be available tomorrow in the Town Clerk's office for anyone running for Town Meeting, Select Board or School Committee. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy introduced Dana Bickelman as the Town’s new Director of Human Services. Also, regarding the Lexington Community Aggregation, 13.081 cents per kilowatt hour, the Green rate is 13.98 cents per kilowatt hour, and the New England Green rate is 15.654 cents per kilowatt hour. Those rates start in December 2023 and are good through December 2026. Eversource just released its winter rates, and the basic residential rate is 17.251 cents per kilowatt hour, and the small business rate is 17.587 cents per kilowatt hour. He noted that Sandhya Iyer, Economic Development Director was honored as the economic growth champion by the local Chamber of Commerce, and the legislature. Mr. Malloy stated that there were a few issues with the Town’s recent water bills. The printed bills contain an outdated rate table. This was an administrative error. The consumption amounts and actual billed amounts are shown and calculated correctly. Staff and the DPW worked to put out an alert and update on the Town's website and on Constant Contact. The Water and Sewer Department is also going to print a letter with this correction. There was also a known issue with the online payment system regarding the data transfer file not updating correctly. Therefore, it was taken offline today, and Staff are working with the vendor to resolve the issue and hope to have it back online in the next 24 hours. Finally, the last payment date on the printed bill does not appear accurately; it is outdated by two billing cycles. Mr. Malloy stated that the Board received a request to use Lexpress for sheltered families in Lexington. It was noted that the 62 and 76 buses already stop at the hotels and come through Lexington Center at a minimum of every hour Monday-Saturday. In order to use Lexpress route C, service would have to be cut from the current route, eliminating service for some people who have already purchased the pass. Consideration is being given to providing the families temporary, fully subsidized CharlieCards. Mr. Sandeen asked that the Board take up the topic of the cost of leasing space regarding 173 Bedford Street at a future meeting. DOCUMENTS: Weekly Update 12-01-23 CONSENT AGENDA 1. Approve and Sign Water and Sewer Finals and Commitments To approve and sign the following attached Water and Sewer Finals and Commitments:  Commitment of October 2023 Finals $25,256.53  Cycle 9 Billing October 2023 $366,331.79 DOCUMENTS: commitments 12-4-23 W/S 2. 2024 Automatic Amusement Device License Renewals To approve the 2024 Annual Automatic Amusement Device License Renewals for the following business: AUTOMATIC AMUSEMENT DEVICES Lexington-Waltham Lodge #2204 B.P.O.E. (Golden Tee Golf) - 959 Waltham Street Lexington-Waltham Lodge #2204 B.P.O.E. (Jukebox) - 959 Waltham Street 3. 2024 Class II/III License Renewals To approve the 2024 Annual Class II/III License Renewals for the following businesses: CLASS II Auto Engineering - 436 Marrett Road Mabuchi Motorcars - 401 Lowell Street Minutemen Auto Haus - 6 Fulton Road CLASS III John P. Carroll Company Inc. - 700 Waltham Street 4. 2024 Common Victualler License Renewals To approve the 2024 Annual Common Victualler License Renewals for the following businesses: COMMON VICTUALLER Alexander's Pizza - 180 Bedford Street Beijing Chinese Dining - 1709 Massachusetts Avenue BIY Foods - 317 Woburn Street Bruegger's Bagels #3711 - 413 Waltham Street Craft Food Halls - 1050 Waltham Street Daikanyama Japanese Cuisine - 43 Waltham Street Dunkin Donuts - 10 Woburn Street Dunkin Donuts - 141 Massachusetts Avenue Dunkin Donuts - 277 Bedford Street Fiorella's Trattoria - 25 Waltham Street Galaray House - 1720 Massachusetts Avenue, Unit 2 il Casale - 1727 Massachusetts Avenue Inspire Bowl n Tea - 1686 Massachusetts Avenue Lexington Golf Club - 55 Hill Street Lexington House of Pizza - 399 Lowell Street Lexington-Waltham Lodge #2204 B.P.O.E. - 959 Waltham Street Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Mario's Italian Restaurant - 1733 Massachusetts Avenue McDonald's - 690 Marrett Road Peet's Coffee & Tea - 1749 Massachusetts Avenue Qdoba Mexican Eats - 46 Bedford Street Royal India Bistro - 7 Meriam Street Taipei Gourmet - 211 Massachusetts Avenue Via Lago Inc. - 1845 Massachusetts Avenue Wicked Bagel - 171 Massachusetts Avenue 5. 2024 Entertainment License Renewals To approve the 2024 Annual Entertainment License Renewals for the following businesses: ENTERTAINMENT Beijing Chinese Dining - 1709 Massachusetts Avenue Clay Oven Indian Restaurant - 1666 Massachusetts Avenue il Casale - 1727 Massachusetts Avenue Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Starbucks Coffee #7553 - 60 Bedford Street Thai Room - 182 Bedford Street The Upper Crust Pizzeria - 41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue 6. 2024 Liquor License Renewals To approve the following 2024 Annual Liquor License Renewals: ALL ALCOHOL RESTAURANTS Beijing Cuisine - 1709 Massachusetts Avenue Clay Oven Indian Restaurant - 1666 Massachusetts Avenue il Casale - 1727 Massachusetts Avenue Ixtapa Cantina Mexican Family - 177 Massachusetts Avenue Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Via Lago - 1845 Massachusetts Avenue ALL ALCOHOL INNHOLDER Aloft Lexington - 727 Marrett Road – A Element Lexington - 727 Marrett Road – B WINE/MALT RESTAURANTS Akame Nigiri & Sake - 1707 Massachusetts Avenue Fiorella’s - 25 Waltham Street Daikanyama Japanese Cuisine - 43 Waltham Street Mario’s Italian Restaurant - 1733 Massachusetts Avenue The Vintage Tea and Cake Company - 21 Muzzey Street PACKAGE STORES Art's Specialties - 1666 Massachusetts Avenue, Unit H Berman’s Wine & Spirits - 55 Massachusetts Avenue Lexington Wine & Spirits - 186 Bedford Street Vinebrook Bottle Shop - 131 Massachusetts Avenue Whiskey & Wine Lexington - 55 Bedford Street CLUBS Lexington Golf Club - 55 Hill Street 7. Approve Town Manager Committee Appointments  Council on Aging: o Charles James o Zehra Yar-Khan To approve the Town Manager's appointments of Charles James and Zehra Yar-Khan to the Council on Aging each for a three-year term set to expire on May 31, 2026. DOCUMENTS: Charles James Application, Charles James Resume, Zehra Yar-Khan, COA Recommendations Email 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. Application: Common Victualler License - CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road Mr. Pato explained that the Select Board is being asked to approve a request for a Common Victualler License for CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road (a.k.a. "Lexington Labs"), for the hours of 7:00am to 5:00pm Monday through Friday for seating in a new, cafeteria-style restaurant. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a Common Victualler License for CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road, for the hours of 7:00am to 5:00pm Monday through Friday. 2. Update on High Performance Building Policy Maggie Peard, Sustainability & Resiliency Officer, reviewed the High-Performance Building Policy and associated documents. The purpose of the policy is to identify performance issues in the municipal buildings, particularly those that negatively impact occupant health or the environment. The policy will establish metrics at the building level to track for all Town-owned buildings. It also sets up a review and reporting process. Ms. Barry suggested that each building representative/champion should be included in this process. She suggested a report card display for each building. The Board agreed to review a revised draft of this policy at a future meeting. DOCUMENTS: High Performance Building Policy, High Performance Building Policy Guidance, High Performance Building Policy Metrics, High Performance Building Policy Tracking 3. Discuss Placement of Menorah at Emery Park, 0 Massachusetts Avenue Mr. Malloy explained that Emery Park falls under the Town Manager, but there are greater implications regarding allowing or not allowing certain activities on the public property. Town Counsel has advised that by allowing certain activities, all other activities would need to be provided equal access. Mr. Malloy stated that the best course of action is to not make any changes at this time of year, but to commit to having this discussion starting in June when all of the implications can be considered, in order to make a determination on how to move forward in future years. Mr. Lucente stated that Lexington prides itself on being inclusive of all groups and celebrating secular symbols is not a bad idea. There is a lot of case law on this. He is trying to reconcile the concept of allowing this display without allowing every other type of display that may not be one the community endorses. A menorah celebrates the holiday season, and he does not see it as endorsing a particular religion. He does not want the Town to wash itself of all displays. Town Counsel, Mina Makarios, stated that most courts, including the Supreme Court, have concluded that the average viewer of speech is more likely to consider that if something is being allowed on a Town property, other things should also be allowed. There is actually risk in not allowing a particular display at a particular time. Ms. Hai noted that a Christmas tree with a star on top is already on display. There have been several Supreme Court cases which have addressed this exact issue. A Christmas tree on display, with a menorah next to it, becomes a symbol of inclusive recognition that not just one holiday is celebrated during the season by the community. The Town has already opened the door to seasonal holiday celebration and display, and adding a more inclusive celebration is in line with what the Town wants to be and recognize about its citizenry. She would also support creating a policy to be clear on this item, in order not to end up with unintended consequences down the road. Ms. Barry stated that she supports this request and believe it is important to be inclusive of all residents and people who might come to visit Lexington. Mr. Pato stated that he believes a tree that is adorned with a star at the top is problematic, as it essentially establishes the path that the Town is open to a particular holiday. His inclination is to also allow the request and then consider development of a policy for all public spaces regarding what can be displayed from a seasonal perspective. Mr. Sandeen stated that he would like the Board to consult organizations, such as the Human Rights Committee and other appropriate committees, during creation of the policy. Attorney Makarios stated that the Board could make the decision regarding accepting the inclusion of a menorah, while doing it within the context of continued government control of this particular forum, and the Town Manager’s control of it. This is merely an extension of the Town Manager and Board’s continued control of government speech on the particular property. The Board agreed to ask Mr. Malloy to move froward with the menorah request at this time and come back at a future meeting to discuss a potential new policy for this item. DOCUMENTS: Menorah Request 4. Housing Partnership Board Request for Creation of Ad Hoc Property Acquisition/Use Working Group Betsey Weiss, Housing Partnership Board (HPB) Vice-Chair, and Wendy Manz, HPB Chair, discussed a proposal to create an Ad Hoc Property Acquisition/Use Working Group, comprising representatives of Town Stakeholders who might have an interest in public uses of property, to advise the Town Manager regarding potential property acquisitions. The group would not be subject to Open Meeting Law and may meet and communicate informally. If a stakeholder representative determines the property to be considered is not suitable or feasible for his/her group, that representative will notify the Town Manager in writing and will not participate further in deliberations regarding that specific property or use. The working group will discuss potential uses of the property in question. If they reach consensus on the best use or uses of the specific property, they will provide a written recommendation to the Town Manager. If they do not reach consensus, they may provide individual written recommendations to the Town Manager. Upon receiving the written recommendation(s) from the working group, the Town Manager will present the recommendation(s) to the Select Board for its consideration. Ms. Barry expressed concern regarding this potential group not being subject to Open Meeting Law. She also noted that the Select Board does not seem to have inclusion on the working group. Ms. Manz noted that any recommendation will go forward to the Select Board in the end. Mr. Lucente stated that this appears to be a way to formalize an informal process and give people a seat at the table. At the same time, he stated that some of this is already happening through other channels, via executive sessions. Melinda Walker, 14 Larchmont Lane, stated that Massachusetts has one of the lowest rates of housing production in the country. Without more housing production, homelessness will continue to rise. It is very likely that in the coming years, several parcels of open space will be available for the Town to purchase, most likely through the use of CPA funding. She asked the Select Board to approve an ad hoc property working group to begin to examine the Town’s land use policies. Charlie Wyman, 66 Harding Road and Chair of the Conservation Commission's Land Acquisition Subcommittee, stated that he is supportive of the proposed working group. Ms. Hai stated that this does seem to offer utility to a lot of the associated parties, along with information to Mr. Malloy in a coordinated way. She suggested that a Select Board member could be included in this group. Ms. Weiss stated that she believes it is time for the Town to create a formalized group to examine the interests of the Town to figure out what the correct priority is for acquiring land in the future. DOCUMENTS: Housing Partnership Board Recommendation - Formation of Ad Hoc Property Working Group, Presentation - Recommendation for Formation of Ad Hoc Property Working Group 5. Request for Creation of Study Committee to Investigate the Establishment of a Town Committee to Advise the Police Department Ms. Barry recused herself from this item. Tom Shiple, 18 Phinney Road, presented the request on behalf of a group of residents for the creation of a study committee for a Community Advisory Board (CAB) for the Police Department. It would provide a structured way for the community and the Police Department to strengthen existing relationships by taking a deeper look into Police operations. Its membership would reflect the diversity of Lexington in terms of demographics, professions, and experiences. The Police Department leadership could ask the CAB for advice, perspectives, and input; in turn, the CAB members could conduct research, review policies, generate ideas and offer recommendations. The overarching goal is to deepen existing trust through mutual transparency and respect. The CAB would likely not have investigatory power or access to confidential records. CABs are sometimes created as a reaction to a recent incident in a community. The belief is that it is better to investigate creating a CAB now and build a reservoir of trust and understanding that can be tapped into if there is an incident in Town in the future. As a sample charter, the study committee could have nine voting members nominated by various Town committees and appointed by the Select Board. The study committee should broadly reflect the diversity of Lexington. At the conclusion of its work, the Committee would present its recommendations to the Select Board. Police Chief McLean stated that the Police Department is dedicated to continuing its community engagement. He explained that the lack of support for this proposal mostly stands with the fact that there is already the ability and the systems in place to get this work completed in other ways. Mr. Pato stated that the Town has made a lot of effort to be inclusive and engage with the community. He applauded the Department in the efforts it has taken. He does see value in formalizing the public process a bit more. A structure that creates access to information from the Freedom of Information Act, tempered with well-structured channels for analysis, could be a good mechanism for review, sharing, and analysis of that data, not just by independent parties, but in collaboration with Town administrative officers. Mr. Lucente agreed that there are some existing venues to handle these questions. He does not see this as an idea to embrace at this time. Mr. Sandeen stated that this appears to be an opportunity to enhance the trust between the Police and the community, in both directions. Ms. Hai stated that the Board received input from the Chair of the Human Rights Committee and the Chair of the Commission on Disability, which are the two groups currently working together with the Police Department on this collaborative reform, and the overall impression was that this is not the right time and potentially not the right means for this work. This proposal includes the insertion of a barrier between the community and the Police Department at some level. She believes it is important that the Police Department does its interaction directly. Mr. Pato stated that he believes part of this proposal is to take the ambition of the activity and formalize it. The proposal looks to examine how to create channels of engagement that are not reactive, as much as constructive, infrastructure. He suggested that the Board seek input from all stakeholders. Carlos Hoyt, 6 Peacock Farm Road, stated that the goal of this proposal is to make sure this work gets done. He wants the Town to be an example of how to do this work well. Bob Pressman, 22 Locust Avenue, stated that he believes the work of this CAB is needed. This would allow for the proper data to be seen promptly. Mr. Shiple noted that this work is not meant to substitute for the work already being done by the Department, but to add to it. Dan Joyner, Association of Black Citizens of Lexington (ABCL), stated that his group expressed its strong support for the creation of a CAB. This has been requested by the ABCL in the past. Ms. Roy expressed concern that she does not see any Asian Americans and Pacific Islanders (AAPI) voices reflected through the proposed CAB. There needs to be a focus on what the concerns are and how to address them. She stated she feels it would make more of an impact to focus on the most marginalized and vulnerable citizens in Town. DOCUMENTS: Presentation, Police Chief Response Letter, Commission on Disability/Collaborative Reform Response Letter The Board took a brief recess. 6. Review Draft Article List for 2024 Annual Town Meeting Kelly Axtell, Deputy Town Manager, reviewed the draft list of articles proposed for 2024 Annual Town Meeting. She noted that two additional articles, one regarding banning rat poison/pesticides and the other to petition the MA General Court to allow for digital notices, will likely be submitted shortly. DOCUMENTS: DRAFT ATM article list 12.1.23 7. Discuss and Approve Appointments to Fence Viewers  Fence Viewers: o Dawn McKenna o Potential Town Staff Member Mr. Pato noted that it is not uncommon for communities to appoint a Staff member as one of the Fence Viewers. The Board is asked to consider expanding the membership to include a Staff member responsible for responding to queries and being a required participant in onsite visits. The existing charge allows for two or more individuals to be appointed as per MGL Chapter 49 §1-21, so no change is needed for the additional appointment. The Board is also being asked to appoint Dawn McKenna to the Fence Viewers for a one-year term set to expire on September 30, 2024. Mr. Lucente stated that he would rather have three members of the community, in place of a Staff member. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-1 to appoint Julie Krakauer as the staff member Fence Viewer for a one-year term set to expire on September 30, 2024. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Dawn McKenna to the Fence Viewers for a one-year term set to expire on September 30, 2024. DOCUMENTS: 2023 Fence Viewers Application - D. McKenna 8. Review and Approve Committee Applicant Interview Policy The Board reviewed and discussed updating a section of the Select Board manual to include a procedure that Select Board Members will interview applicants prior to filling a vacancy for the following committees:  Historic Districts Commission (Full & Associate)  Minuteman Regional Vocational-Technical School District School Committee  Trustees of Public Trusts  Zoning Board of Appeals (Full & Associate) VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Committee Applicant Interview Policy as proposed and to update the Select Board Procedures Manual with this policy DOCUMENTS: Proposed Committee Applicant Interview Policy, Procedures Manual-08-2023 ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the meeting at 9:46pm. A true record; Attest: Kristan Patenaude Recording Secretary