HomeMy WebLinkAbout2024-03-06 SB-min
Select Board Meeting
March 6, 2024
A meeting of the Lexington Select Board was called to order at 6:31p.m. on Wednesday, March 6,
2024, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai
were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms.
Katzenback, Executive Clerk.
CONSENT AGENDA
The Board agreed to address Consent Agenda item #9 separately.
1. Approve Bedford Street and Hancock Street Road Closures Request-Lexington Minute Men &
Lexington Historical Society for Patriots' Day Event
Arrival of Paul Revere and William Dawes at Hancock-Clarke House Reenactment
To approve the Lexington Minute Men and the Lexington Historical Society's request for Bedford Street
from Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street be closed to all but
resident emergency traffic from 10:00pm on Sunday, April 14, 2024 to no later than 12:30am on Monday,
April 15, 2024 for the reenactment of the arrival of Paul Revere and William Dawes at the Hancock-
Clarke House.
DOCUMENTS: LMM & LHS Road Closure Request - Paul Revere/William Dawes Arrival at Hancock-
Clarke House Reenactment
2. Application: Battle Green Permit – Town Celebrations Committee, Battle Green, 0 Massachusetts
Avenue
Patriots' Day 2024 Ceremonies & Road Closure for Morning Parade on Massachusetts Avenue
Road Closure for Afternoon Parade on Massachusetts Avenue
To approve the Town Celebrations Committee request for road closures as described in the attached letter
dated January 31, 2024 to all but emergency traffic for the Patriots’ Day morning and afternoon parades
as well as the use of the Battle Green for ceremonies following the morning parade on Monday, April 15,
2024 from 8:00am to 9:00am, and subject to working out all of the details with the Lexington Police
Department, Lexington Fire Department, Department of Public Works and Town Manager's Office.
DOCUMENTS: Town Celebrations Committee Battle Green Use & Road Closure Request - Patriots'
Day 2024 Parades & Ceremonies
3. Applications: Battle Green Permits – Lexington Minute Men, Battle Green, 0 Massachusetts
Avenue
Rehearsal for Civilian Evacuation
Dress Rehearsal for the Battle of Lexington Reenactment
Annual Reenactment of Lexington Minute Men Regrouping Before Parker's Revenge Skirmish &
Road Closure for Marching on Massachusetts Avenue Battle of Lexington Reenactment & Road
Closure for Marching on Massachusetts Avenue
To approve the Lexington Minute Men requests for the use of the Battle Green for Patriots' Day events as
detailed in the attached request letter dated February 2, 2024 as follows:
Saturday, March 30, 2024 for a dress rehearsal of the Civilian Evacuation Event from 1:30pm
to 3:00pm
Saturday, April 6, 2024 for a dress rehearsal of the Battle of Lexington Reenactment from
9:00am to 4:00pm (Rain Date: Sunday, April 7, 2024 from 9:00am to 4:00pm)
Saturday, April 13, 2024 for the annual reenactment of regrouping of the Lexington Minute
Men and march to Lincoln for Parker’s Revenge skirmish from 9:00am to 10:30am (the event
will last approximately 30 minutes on the Green followed by a march on Massachusetts
Avenue to Fiske Hill at Old Massachusetts Avenue - a road closure is requested for the
marching portion on this event)
Monday, April 15, 2024 for the annual reenactment of the Battle of Lexington from 1:00am
to 1:00pm (Rain Date: Saturday, April 20, 2024 from 1:00am to 1:00pm)
DOCUMENTS: Lexington Minute Men Battle Green Use & Road Closure Request - 2024 Patriots' Day
Events
4. Approve Communications Advisory Committee's Request for Authorization to Negotiate Cable
Television Renewal License With Verizon New England Inc.
Move that the Communications Advisory Committee be authorized to conduct the process of negotiating
a Renewal Cable Television License with Verizon New England, Inc.
DOCUMENTS: CACrequest
5. Application: One-Day Liquor License - Lexington-Waltham Lodge of Elks #2204, 959 Waltham
Street
Breast Cancer Fundraiser
To approve a One-Day Liquor License for the Lexington-Waltham Lodge of Elks #2204 to serve beer in
the rear parking lot of the Lodge of Elks, 959 Waltham Street, for the purpose of a Breast Cancer
Fundraiser on Sunday, April 21, 2024 from 1:00pm to 6:00pm.
6. Approve Parade and Massachusetts Avenue Road Closure Request - Lexington Little League
Annual Little League Parade
To approve the Lexington Little League request for the Annual Little League Parade and the road closures
request for Massachusetts Avenue from Muzzey Field to Muzzey Street and then Muzzey Street to
Lexington High School be closed to all but resident emergency traffic from 8:30am on Saturday, April 27,
2024 to no later than 11:00am for the Annual Little League Parade as outlined in their letter dated
February 8, 2024, subject to working out the details with Town Departments.
DOCUMENTS: Lexington Little League Parade & Road Closures Request - Annual Little League
Parade 2024
7. Approve and Sign Water and Sewer Finals and Adjustments
To approve and sign the attached Water and Sewer Finals for January 2024.
To approve and sign the attached Water and Sewer Adjustments as recommended by the Water and Sewer
Abatement Board on February 8, 2024 in the amount of $46,865.32.
DOCUMENTS: SB 3-6-24
8. Approve Lowering the Battle Green Flag in Honor of David Williams
To approve the lowering of the Battle Green flag on Friday, March 8, 2024, or a date set by the Select
Board Chair, to honor the memory of David Williams.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Consent Agenda
items 1-8.
9. Application: Battle Green Permit – Lions Club of Lexington, Inc., Battle Green,0 Massachusetts
Avenue - 110th Annual Patriots' Day 5-Mile Road Race & Road Closure for Portion of Road
Race on Massachusetts Avenue
Mr. Lucente recused himself from this item.
To approve the request of the Lions Club of Lexington, Inc. to hold the 110th Annual Patriots' Day 5-
Mile Road Race on Monday, April 15, 2024 from 10:15am to 11:15am with an awards ceremony on the
Battle Green at approximately 10:15am to 10:30am and to approve the road closure request for
Massachusetts Avenue from the Battle Green to Marrett Road to Lincoln Street and back to the Battle
Green be closed to all but resident emergency traffic from 9:00am to approximately 10:15am for the road
race, subject to working out all of the details with the Lexington Police Department, Lexington Fire
Department, Department of Public Works and Town Manager's Office.
DOCUMENTS: Lions Club of Lexington Inc. Battle Green Use & Road Closure Request - 110th Annual
5-Mile Road Race for Patriots' Day 2024
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve Consent Agenda
item #9.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Select Board Work Session - Presentation: Community Charrette on Lexington Center
Revitalization Report
Mr. Lucente explained that, in November, the Town held a community planning charrette to obtain input
on what the community envisioned for an active, successful Town center. Dr. John Mullin and Dr. Zenia
Kotval coordinated the charrette and will be presenting the attached final report. The Select Board has
made this a major goal to work on over the next two years.
Dr. John Mullin reviewed the final report with the Board.
Mr. Lucente expressed his thanks regarding the report. He stated that he would like the proposed concepts
to be prioritized into an action plan.
Mr. Sandeen stated that he would like to see more information regarding using Town-owned land to
revitalize the Downtown area. He would also like to hear recommendations regarding parking.
Mr. Creech, Planning Board, expressed concern regarding traffic and noise in the Center area. Due to cut
through traffic in the Center of Lexington, this is a noisy area.
Mr. Lucente agreed to help create a list of priorities from the report to be discussed at a future meeting.
DOCUMENTS: LexCharrette presentation
4. Select Board Work Session - 2024 Annual Town Meeting – The Board took up an update on
article 41 this item at this time.
Presentation - ATM 2024 Article 41: Massachusetts Bay Transportation Authority
Kunal Botla, Transportation Advisory Committee Member, updated the Board on Article 41:
Massachusetts Bay Transportation Authority.
2. Select Board Work Session - Discuss Lexington Human Rights Committee (LHRC) and
Complaints
Mr. Pato explained that the Select Board is committed to making Lexington a welcoming, inclusive, and
safe community for everyone, treating all people fairly and fully embracing the unique contributions of all
Lexington residents. The Board rejects all forms of intolerance and bigotry including acts of antisemitism,
racism, Islamophobia, homophobia, or other forms of hostility, intimidation, or harassment.
Over the past several weeks, the Board received a number of messages regarding the social media posts
shared by a member of the Human Rights Committee (HRC). At the February 26, 2024 meeting of the
Board, these concerns were reiterated during the public comment section of the Board's meeting.
In parallel in mid-January, the Human Rights Committee received a formal complaint about these actions
and the chair of that committee engaged their process of creating an incident response team and
evaluating the complaint.
He suggested that the Board hear the status of the incident response activity from the chairs of the Human
Rights Committee, discuss how to proceed in response to the incident response status report and assign
follow-up actions, discuss the role of the Human Rights Committee and how it is perceived, and discuss
the recommendations for professional facilitation.
Mr. Pato noted that the member of the HRC in question has resigned from the HRC.
Christina Lin, Chair of the HRC, and Stephanie Hsu, Vice Chair of the HRC, reviewed the incident
response report.
Mr. Pato stated that his personal belief is that the Board should not be asking for a volunteer committee to
undertake tasks for which they are not being provided adequate support for. He suggested that the Board
should either find a way to provide support or make it clear what the limitations are for what that
committee should be able to do. He suggested creating a study task force regarding the expectations for
committees.
Ms. Barry acknowledged all who have come forward to speak on this item. She stated that she supports
facilitated discussion on this and similar topics. She does not feel that a committee should be charged
with investigating one of its members. She stated that the Board should have looked into this issue and
addressed it sooner. She apologized to those in the community hurting from this.
Ms. Hai stated that the Equity Office should contain the training for the HRC and should be the first line
of defense for this type of concern. There should be standards of conduct.
Mr. Sandeen acknowledged that this has been a painful process for everyone involved. He stated that
Lexington has a long history of engaging in potentially contentious discussions, but doing that in a
respectful way that lifts everyone up and continues to provide for healing. He stated that his hope moving
forward is that people will work together as neighbors. He agreed that a volunteer committee should be
given proper training and tools to act on the tasks being asked of the committee. He does not believe that
the committee should continue to be tasked with investigating civil rights violations.
The Board agreed to redirect the complaint form on the HRC website to Staff to evaluate submissions,
along with extra language, to be developed by Staff, as to where the submissions should be sent.
Mr. Pato asked Mr. Sandeen to draft a proposal as to how the Board could proceed in the short-term with
a facilitated process for the community to better hear itself on similar topics. Mr. Pato asked Ms. Hai to
review the existing Human Rights Committee charge for possible edits. The Board would then review
these subjects at a later date.
DOCUMENTS: LHRC Incident Response Status Report
The Board took a brief recess.
3. Complaint About Member's Actions LHRC Incident Response Process Discussion on How to
Proceed
This item was discussed as part of the previous agenda item.
4. Select Board Work Session - 2024 Annual Town Meeting
Presentation - ATM 2024 Article 41: Massachusetts Bay Transportation Authority
This item was previously addressed.
Review Draft Select Board Report to Town Meeting
The Board reviewed its report to Town Meeting.
Select Board Article Discussion and Positions
The Board reviewed its positions.
# Article Name JP SB DL JH MS
3 Cary Lecture Series Y Y Y Y Y
4 Appropriate FY2025 Operating Budget Y Y Y Y Y
5 Appropriate FY2025 Enterprise Funds Budgets Y Y Y Y Y
6 Appropriate for Senior Services Program Y Y Y Y Y
7 Sustainable Capital Projects Y Y Y Y Y
8 Accept Tucker Ave. (Westernmost portion) Y Y Y Y Y
9 Establish and Continue Departmental Revolving Y Y Y Y Y
Funds.
10 Appropriate the FY2025 Community Preservation Y Y Y Y Y
Committee Operating Budget and CPA projects.
a. Cary Memorial Library Renovation - $4M Y Y Y Y Y
b. Archives and Record Management - $20,000 Y Y Y Y Y
c. Park Improvements - Athletic fields - Bowman Y Y Y Y Y
School - $545,000
d. Lincoln Park fitness stations equipment-$160,000 Y Y Y Y Y
e. Park Improvements - Hardcourt Services - Valley Y Y Y Y Y
Rd. - $492,000
f. Lincoln Park Field Improvements -$1,145,000 Y Y Y Y N
g. LexHAB Support, Restoration, Preservation, and Y Y Y Y Y
Decarbonization
h. Lexington Housing Authority Exterior Y Y Y Y Y
Preservation - $100,000
i. Affordable Housing Trust Funding - $3,200,000 Y Y Y Y Y
j. Projected debt service - $681,200 Y Y Y Y Y
k. Administrative budget - $150,000 Y Y Y Y Y
11 Appropriate for recreation capital projects Y Y Y Y Y
12 Appropriate for municipal capital projects and
equipment
a. Transportation mitigation Y Y Y Y Y
b. Heavy vehicle extrication equipment Y Y Y Y Y
c. Ambulance replacement Y Y Y Y Y
d. Equipment replacement Y Y Y Y Y
e. Sidewalk improvements Y Y Y Y Y
f. Hydrant replacement Y Y Y Y Y
g. Town wide signalization improvements Y Y Y Y Y
h. Stormwater Management program Y Y Y Y Y
i. Cemetery Columbarium - design Y Y y Y y
j. Public Parking lot improvement program Y Y Y Y Y
k. Network core equipment replacement Y Y Y Y Y
l. Municipal Technology Improvement Program Y Y Y Y Y
m. Network redundancy and improvement plan Y Y Y Y Y
n. Network technology improvements Y Y Y Y Y
o. Scanning - Electronic Document Management Y Y Y Y Y
p. Election equipment upgrade Y Y Y Y Y
q. Street Improvements Y Y Y Y Y
13 Appropriate for water system improvements Y Y Y Y Y
14 Appropriate for wastewater system improvements Y Y Y Y Y
15 Appropriate for school capital projects and Y Y Y Y Y
equipment
16 Appropriate for public facilities, capital projects
a. Public facilities bid documents Y Y Y Y Y
b. Public facilities interior finishes Y Y Y Y Y
c. School paving and sidewalks Y Y Y Y Y
d. Public facilities mechanical/electrical/plumbing Y Y Y Y Y
replacement
17 Appropriate to post Employment Insurance Y R Y Y Y
Liability Fund
18 Resend prior borrowing authorizations Y Y Y Y Y
19 Establish, amend, dissolve, and appropriate to and Y Y Y Y Y
from specified
20 Appropriate for prior years unpaid bills Y Y Y Y Y
21 Amend FY2024, operating, enterprise, and CPA Y Y Y Y Y
budgets
22 Appropriate for authorized capital improvements Y Y Y Y Y
23 Appropriate opioid settlement Y Y Y Y Y
24 Appropriate funding for SemiQuincentennial Y Y Y Y Y
Commission
25 Pine Meadows Clubhouse renovation W Y W W W
26 Appropriate for design funds for Lexington High Y Y Y Y Y
School construction project
27 Appropriate for renovation of 173 Bedford St. Y Y Y Y Y
28 Select Board to accept easements Y Y Y Y Y
29 Amend the general bylaw - noise control
a. Construction noise Y W W W W
b. Commercial gas leaf blower prohibition delay W Y Y W N
30 Prohibit single use food containers. (Citizens IP IP IP IP IP
petition) - IP
31 Prohibit single serve plastic water bottles (Citizens W W W W W
petition)
32 Old Spring Street name change Y Y Y Y Y
33 Authorize Affordable Housing Trust to seek Y Y Y Y Y
affordable housing
34 Amend General Bylaws - Tree Bylaw -Tree Y Y Y Y Y
Protection Plan.
35 Amend General Bylaws - Tree Bylaw - require Y Y W Y Y
mitigation plantings.
36 Amend General Bylaws -Tree Bylaw - Exemptions. Y Y Y Y Y
37 Importance of trees Resolution (Citizen Petition) Y Y W W Y
38 Amend regulation of fossil fuel infrastructure bylaw Y Y Y Y Y
- meet department
39 Home rule petition to adjust the number of on-Y Y Y Y Y
premise wine and malt
40 Integrated Pest Management Resolution (Citizen Y Y Y Y Y
Petition)
41 Massachusetts Bay Transportation Authority Y Y Y Y Y
42 Digital publication of Legal Notices (Citizen Y Y Y Y Y
Petition)
43 Voting Rights 16 and Older (Citizen Petition) Y W Y W Y
44 Amend General Bylaws - Chapter 100, Public IP IP IP IP IP
Ways, and Places (Citizen Petition)
45 Indigenous Peoples Day (Citizen petition) Y Y W Y Y
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46 Royal family invitation to 250 Celebration W Y Y W Y
47 Amended zoning bylaw -signs Y W W Y W
48 Amend zoning bylaw - Short Term Rentals. W Y Y Y W
49 Amend zoning bylaw - permitted uses and W Y W Y W
development standards.
50 Amended zoning bylaw - inclusionary housing for Y Y W Y W
Village and multifamily.
51 Amend zoning bylaw - maximum height for a Y W Y Y W
Village Overlay District.
52 Amend Zoning bylaw and map - Technical Y Y Y Y Y
corrections.
53 Amend zoning map - 507 Bedford St. (owner RB RB RB RB RB
petition)
54 Amended zoning map - 509 Bedford St. (Owner RB RB RB RB RB
petition)
The Board agreed to place item 12j back on the Consent Agenda.
There was discussion regarding Article 45.
DOCUMENTS: Article 41 motion, Art 41 presentation, Art 18 motion. not IP, 2024 Proposed Consent
agenda, Select Board Working Document - Positions 2024ATM, Working Draft - Select Board Report to
2024 ATM
5. Approve 2024 Compost Site Rates
Dave Pinsonneault, Director of Public Works, reviewed the proposed 2024 compost site rates. The items
that influence the proposed increases include inflation rates, administrative service fees, and general
labor, parts, and equipment to produce the materials. In FY23, there were revenues of approximately
$880,000, and balance of the revolving fund is approximately $727,000 as of June 30, 2023. This is a
revolving fund involving money in and money out in order to operate the site.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the proposed
compost site rates as presented with the corrected dates.
DOCUMENTS: Compost pricing
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6. Select Board Work Session - Approve Expenditure of Funds for Gift of Cash Received for 250
Anniversary of the Battle of Lexington Monument
Mr. Malloy explained that Howard Wolk, who was raised in Lexington, has donated $250,000 to the
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Town for the purpose of developing a monument to celebrate the 250 anniversary of the first battle of
the American Revolution. The Board has approved the site (the front portion of the Belfry property) and
he and Town Counsel developed the Intent to Gift Agreement with Mr. Wolk. At this point in time, Mr.
Wolk has made the first payment and substantial progress is being made on selecting the artist and
moving this project forward. Prior to being able to use the funds, Board approval is required to utilize the
funds for the purpose of the donation under MGL Ch. 44, §53A.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of the
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$250,000 donation from Howard Wolk for the purpose of establishing a monument for the 250
anniversary of the first battle of the American Revolution.
DOCUMENTS: Monetary Donation agreement, General law info
7. Approve Increase to Outdoor Dining Permit Fee
Mr. Malloy explained that in December 2022, the Board discussed outdoor dining permit fees and where
the Town stood relative to other communities. He then undertook a review of fees charged by Cambridge,
Somerville, Needham, Arlington, Waltham, Burlington, Bedford, and Danvers. At the December 19, 2022
Board meeting, the following fees were established for 2023:
Up to 10 outdoor seats on public sidewalks $100 per year
Over 10 seats on public sidewalks $250 per year
$3,750 for the parklet once we have acquired a new parklet
Prior to the pandemic, the Town had a practice of increasing these fees by 2.0% per year. Mr. Malloy
stated that he is recommending a 2.0% increase, consistent with the Town’s pre-pandemic practice.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a 2.0% fee
increase for outdoor dining permits effective for permits in 2024 and forward to be the following:
Permit Fee for up to 10 outdoor seats on public sidewalks is $102 per year;
Permit Fee for over 10 seats on public sidewalks is $255 per year.
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at
9:26 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary