HomeMy WebLinkAbout2024-06-03 SB-min
SELECT BOARD MEETING
June 3, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 3, 2024, via a
hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were
present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms. Katzenback,
Executive Clerk.
EXECUTIVE SESSION
1. Exemption 6: To Consider the Purchase of Real Property
2. Exemption 4: To Discuss the Deployment of Security Personnel or Devices - Security Planning
for Dignitary Visits for the 250th Anniversary of the Battle of Lexington Celebration
3. Exemption 6: To Consider the Value of Real Property – Parcel 68-44 Located on Lowell Street
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:33pm that
the Board go into Executive Session under Exemption 6: To Consider the Purchase of Real Property;
Exemption 4: To Discuss the Deployment of Security Personnel or Devices - Security Planning for
Dignitary Visits for the 250th Anniversary of the Battle of Lexington Celebration and Exemption 6: To
Consider the Value of Real Property - Parcel 68-44 Located on Lowell Street. Further, Mr. Lucente
declared that an open meeting discussion on this item may have a detrimental effect on the bargaining
position of the Town.
The Select Board exited Executive Session at 7:33 pm, and reconvened to open session at 7:36pm
PUBLIC COMMENTS
Sarela Bliman-Cohen, 17 Dane Road, asked that the Town set a budget for the new High School project.
She asked the Board to instruct the School Building Committee to direct SMMA to come up with lower
cost alternatives. She expressed concern regarding a lack of communication and transparency. There are
many people in Town that are unaware of the High School project and the cost. She proposed a town hall
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meeting quarterly. There is a design session scheduled on June 6, and she requested that members of the
Board attend. She stated that she approached Town committee members and asked to have a meeting with
them but only a handful responded. She believes that there should be emails to access these people
through.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
No additional comments at this time.
DOCUMENTS: Select Board Announcements and Liaison Reports - June 3, 2024
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy thanked Town Counsel regarding his work on a Town Meeting Article. He noted that the
Town pool opened today. The pavement markings around the Battle Green streetscape were scheduled to
be completed later this week but may get pushed to next week, due to the weather.
DOCUMENTS: Weekly Update 05-24-24; 05-31-24
CONSENT AGENDA
1. Record Select Board Committee Liaison Assignments
To record the Select Board Members committee liaison assignments as proposed to be effective July 1,
2024.
DOCUMENTS: 2024 Select Board Committee Liaison Assignments
2. Accept Select Board Committee Resignations
Town Celebrations Committee - Steve Cole, Jr.
Fence Viewers - Julie Krakauer Moore
To accept the resignation of Steve Cole, Jr. from the Town Celebrations Committee as a full member
effective immediately.
To accept the resignation of Julie Krakauer Moore from the Fence Viewers effective immediately.
DOCUMENTS: Resignation Letter - S. Cole, Jr.
3. Approve Select Board Committee Appointment
Town Celebrations Subcommittee - Steve Cole, Jr.
To appoint Steve Cole, Jr. to the Town Celebrations Subcommittee for a one-year term set to expire on
June 30, 2024.
DOCUMENTS: 2024 Town Celebrations Subcommittee Application - S. Cole, Jr.
4. Approve Town Manager Committee Reappointment
Council on Aging - Dr. Jyotsna Kakullavarapu
To confirm the Town Manager's reappointment of Dr. Jyotsna Kakullavarapu to the Council on Aging
with a term set to expire on May 31, 2027.
DOCUMENTS: Application, Resume
5. Approve and Sign Comment Letter Regarding EEA No.16654, L.G. Hanscom Field North
Airfield Development
To approve and sign the attached letter regarding the proposed North Airfield Development at L.G.
Hanscom Field .
DOCUMENTS: Updated Proposed Letter to Legislators Regarding Hanscom North Airfield Expansion
6. Application: One-Day Liquor License – Dana Home Foundation, Lexington Community Center,
39 Marrett Road
2024 Dana Home Foundation Awards Reception
To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the 2024 Dana
Home Foundation Awards Reception to be held in the Dining Room of the Lexington Community Center,
39 Marrett Road, on Wednesday, June 5, 2024 from 6:00pm to 8:00pm.
DOCUMENTS: 2024 Dana Home Foundation Event Layout, 2024 Dana Home Foundation Procedures
for Serving Alcohol
7. Application: Battle Green Permit – William Diamond Junior Fife and Drum Corps, Battle Green,
0 Massachusetts Avenue
Fife and Drum Corps Jam Session
To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on
Wednesday, August 7, 2024 from 7:00pm to 8:00pm for the purpose of a jam session with a Fife and
Drum Corps from Plymouth, Michigan and the Middlesex County 4H juniors from Concord,
Massachusetts.
8. Approve and Authorize Town Manager to Sign Inter-Municipal Agreement
To approve the FY25 IMA Amendment between Lexington and RHSO as attached.
DOCUMENTS: RHSO IMA Amendment FY25
9. Approve Select Board Meeting Minutes
May 6, 2024 Select Board
May 13, 2024 Select Board
To approve the following set of minutes:
May 6, 2024 Select Board
May 13, 2024 Select Board
DOCUMENTS: DRAFT 05062024 Select Board minutes, DRAFT 05132024 Select Board minutes
10. Application: One-Day Liquor Licenses - Tapped Beer Truck, 35 Hartwell Avenue (4) Xenon
Property LLC Company/Tenant Event
To approve four One-Day Liquor Licenses for Tapped Beer Truck to serve beer and wine for the purpose
of a Company/Tenant Event to be held in the rear parking lot of Xenon Property LLC, 35 Hartwell
Avenue, from 3:00pm to 5:00pm on the following dates:
Thursday, June 6, 2024
Thursday, July 11, 2024
Thursday, August 8, 2024
Thursday, September 12, 2024
DOCUMENTS: Tapped Beer Truck Event Location Map
11. Application: Entertainment License - Association of Black Citizens of Lexington d/b/a ABCL,
1875 Massachusetts Avenue
4th Annual Quock Walker Day Community Celebration
To approve an Entertainment License for the Association of Black Citizens of Lexington d/b/a ABCL for
the purpose of providing live musical and dance performances as well as radio/recorded music for patrons
of the 4th Annual Quock Walker Day Community Celebration to take place on Saturday, July 6, 2024 at
the Visitors Center Lawn, 1875 Massachusetts Avenue, from 11:00am to 3:00pm.
DOCUMENTS: ABCL's Quock Walker Day Community Celebration Event Map
12. Approve Fiscal Year 2025 Cost-Of-Living Adjustment (COLA) for Non- Represented Employees
To approve the FY25 COLA for TNON staff at 2.0%.
DOCUMENTS: FY25 TNON List
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discuss Community Profile and Job Description for Town Manager Search Advertising
Ms. Hai and Bob Mercier, Municipal Resources, Inc. (MRI), presented the proposed draft Town Manager
recruitment materials. These will serve as the job posting and initial introduction materials for the Town
Manager Recruitment. In addition to approving the substance, the Board is being asked to approve the
return date of July 8, 2024. This would provide for approximately 30 days of advertising and recruiting.
Ms. Hai noted that there will be public listening sessions on Wednesday June 12, 2024 in the morning and
evening.
Mr. Mercier stated that he plans to advertise in the six New England Associations, the ICMA, and all of
the minority groups noted by the Town.
Mr. Sandeen asked that sustainability and affordable housing goals be better reflected in the document.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Town Manager
recruitment documents as presented (subject to revisions discussed by the Board) and with final approval
by Ms. Hai, and to post the materials by June 6, 2024 through July 8, 2024.
DOCUMENTS: Town Manager Recruitment Profile
2. Presentation - Single-Use Plastic Bottle Phase Out Policy & Discussion on Draft Policy
The Board heard a presentation on the draft policy from students from LHS who have been working with
Sustainable Lexington and Maggie Peard, Sustainability and Resilience Officer. This is a draft policy for
the municipal side, and this will also be presented to the School Committee.
Mr. Malloy stated that Saff believes the date to initiate a plan for each department should be modified
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from July 1 to September 1, to provide the Senior Management Team an opportunity to develop a plan.
The Board discussed adopting this as a Board policy at a future meeting.
DOCUMENTS: Plastic Bottle Phase Out Presentation, Plastic Bottle Phase Out Policy
3. Zero Waste Survey Recommendations
Maggie Peard, Sustainability & Resiliency Officer, reviewed some recommendations that have arisen
from the Zero Waste Survey, including Pay As You Throw. There are a number of supports and financial
assistances available through Mass DEP that the Town could consider pursuing to implement this type of
program. The results of the test study have been brought both to the Sustainable Lexington Committee
and the Waste Reduction Task Force. Both groups stated that they want to see a well thought out, phased
plan of how to approach implementing some of these strategies. A short-term action item to consider
would be the “free” phrase in the Town bylaws regarding waste collection, which became a problem
implementing Pay As You Throw a couple of decades ago.
Dave Pinsonneault, DPW Director, explained that the price keeps going up for disposal in the trash
collection industry. Fewer companies are doing manual collection and most of them will want
communities to be on an automated system. The State is looking to close additional landfill/transfer
stations, which will then force items to be taken out of State, leading to higher disposal costs. The Town
needs to consider how it will approach trash, recycling, food waste, etc. collection into the future. The
Board could review the proposals under the FY27 budget.
Mr. Sandeen expressed interest in the curbside composting recommendation. He suggested that moving
forward with curbside composting first may make other recommendations more feasible in a phased
approach.
Ms. Barry stated that she would like to see larger community engagement in this conversation. Mr.
Pinsonneault agreed that there will be community meetings and public input.
Ms. Hai stated that she believes the Board should take the read of the community regarding the will to
change the bylaws, which currently state that the Town will provide a suitable place or method for free
public disposal for the inhabitants of the Town. Per a previous summary judgment on this topic, “free” in
this context precludes direct charges to Lexington residents for rubbish collection. Mr. Pato noted that this
judgment was from 20 years ago and the Board could consider if it wants to ask the community at this
time if it would like to reconsider change.
Mr. Lucente stated that, regarding Pay As You Throw, he would like to consider the diversity of what
people can afford. This could be punitive against those that may have larger families or may have
financial hardships. This concept sems in stark contrast to other policies and where the Town is headed.
There are other proposed strategies that he is more comfortable with, such as curbside composting.
Mr. Pato noted Mr. Lucente’s concerns but stated that metered disposal actually does reduce the
generation of trash in households. This could be coupled with considering some form of financial
assistance for family size.
Mr. Sandeen suggested that if more people start using the curbside composting, the Town may be able to
start doing alternate week trash collection. This could have some significant benefits, both from an
economic perspective, as well as from a trash reduction perspective. Mr. Pinsonneault agreed that many
strategies could be used together to achieve the goals.
Peter Kelley, 24 Forest Street, stated that he believes Pay As You Throw is a bad idea. It costs more time,
more money, and a tremendous amount of aggravation. The Town’s present trash collector is doing well,
and he suggested moving toward dual streaming. One of the real problems in recycling is all of the
material is being contaminated. He expressed an issue with Lexington talking so strongly about zero
waste but also considering a multimillion-dollar high school project.
Lin Jensen, Town Meeting Member Precinct 8 and Sustainable Lexington Committee member, expressed
support for Pay As You Throw and noted that exemptions could be made for certain residents. The Town
has a Zero Waste resolution and plan that should be considered.
Dawn McKenna, 9 Hancock Street, stated that she does not believe Pay As You Throw should be
considered at this time. In other municipalities that exercise this, much of the trash ended up in municipal
barrels. She stated that she also is concerned about every other week pickups. She stated that a lot can be
done from an educational standpoint.
Laura Swain, Town Meeting Member and President of Lexington Zero Waste Collaborative, stated that
the Collaborative supports expanding the curbside composting program and switching to a Pay As You
Throw program. There should be more visible options available as part of the program. She stated that she
believes Pay As You Throw is a more equitable process, as there is currently a charge for trash pickup
included in resident taxes. This means that a small family, low income or not, is paying for the trash
disposal of a very large family, low income or not. Also, a low-income family who may be making fewer
purchases is paying for the disposal of all the items that somebody has delivered to their house on a daily
basis.
Ricki Pappo, 16 Blossom Crest Road, stated that she saw a very visible change in the trash of people in
her neighborhood when Pay As You Throw was previously utilized. Pay As You Throw was only
difficult because the Town did not change the bylaw, but it was otherwise not a difficult process. This was
a good way to change people’s habits.
Mr. Lucente stated that additional discussion on this topic would occur at a future meeting.
DOCUMENTS: Tufts Zero Waste Presentation, Pay as you throw webinar presentation slides
The Board took a brief recess.
4. Presentation – Internal Equity Audit by Tangible Development
Dr. Bree Becker, Tangible Development, presented major themes and highlights from the Town of
Lexington DEI Assessment Report. The presentation is an opportunity to get a high-level view of the
assessment findings and will be useful on its own, as well as serving as a guide to reading the full DEI
Assessment Report. The delivery of the report with its recommendations marks an important milestone in
the Town of Lexington's DEI journey.
DOCUMENTS: Executive Summary- Tangible Development
5. Council on Aging Request for Authorization to Designate Lexington an AARP Age-Friendly
Community
Dana Bickelman, Director of Human Services, explained that the Council on Aging is seeking the Board's
support for their application to AARP to have Lexington designated as an age-friendly community.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to support the application for
Lexington to be designated as an age-friendly community by AARP.
DOCUMENTS: AARP Letter from Town Manager, AARP Presentation
6. Review Recommended Amendments to Draft Council on Aging Charge
The Board reviewed the proposed amendments to the Council on Aging charge and made suggested
comments/edits. There was discussion regarding if any changes to this charge would or would not require
Town Meeting approval. The Board agreed to have Town Counsel feedback.
DOCUMENTS: COA Charge Changes Draft
7. Discuss 250th Anniversary of the Battle of Lexington Celebration Invitations to Lexington's
Sister City Antony, France
Ms. Barry explained that the Semiquincentennial Commission (Lex250) has requested that the Board
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discuss the possibility of inviting Lexington's Sister City, Antony, France to the 250 Anniversary of the
Battle of Lexington Celebration in 2025 and consider the prospect of funding for the visit.
There was consensus that an invitation letter should be sent to our sister city Antony, France.
Ms. Barry recused herself from agenda items 8&9 and exited the meeting at 9:53pm.
8. Approve Collective Bargaining Agreement - Building Maintenance Division Union (AFL-CIO
Mass. State Council #93, Local #1703)
Mr. Malloy explained that this is the Building Maintenance Union Contract for FY25-27 that the Board
previously discussed in Executive Session. The highlights of this contract are:
COLA - 2.0% for FY25; 2.5% for FY26; and 2.5% for FY27
Other wage adjustments based on comparative analysis of similar communities
Increase in longevity pay
Other changes in language related to hours, light duty, snow season, and holidays.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the FY25-27
collective bargaining agreement between the Town of Lexington and the AFSCME Local 1703 Building
Maintenance Division and further to authorize the Town Manager to execute the agreement.
DOCUMENTS: Memorandum of Understanding
9. Approve Collective Bargaining Agreement - Public Works Union (AFL-CIO Mass. State Council
#93, Local #1703)
Mr. Malloy explained that this is the Public Works Union Contract for FY25-27 that the Board previously
discussed in Executive Session. The highlights of this contract are:
COLA - 2.0% for FY25; 2.5% for FY26; and 2.5% for FY27
Other wage adjustments based on comparative analysis of similar communities
Increase in longevity pay
Other changes in language related to overtime, meal allowance, license stipends and snow/ice
events
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the FY25-27
collective bargaining agreement between the Town of Lexington and the AFSCME Local 1703
Department of Public Works and further to authorize the Town Manager to execute the agreement.
DOCUMENTS: DPW MOU
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at
10:00pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary