HomeMy WebLinkAbout2024-06-17 SB- min
SELECT BOARD MEETING
June 17, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 17, 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 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 6:34pm that
the Board go into Executive Session under 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 7:05 pm, and reconvened to open session at 7:07pm
CONSENT AGENDA
The Board pulled item #1 for additional discussion under Individual Items.
1. Approve Battle Green Permit – Semiquincentennial Commission (Lex250) & Road Closure
Request on Massachusetts Avenue
This item was moved to the Individual Consideration agenda items.
2. Application: One-Day Liquor License – Wilson Farm, 10 Pleasant St
Dinner in the Fields Event
To approve a One-Day Liquor License for Wilson Farm to serve beer and wine for the purpose of their
‘Dinner in the Fields’ event to be held at Wilson Farm, 10 Pleasant Street, outside of farm greenhouse #7,
on Thursday, June 27, 2024 from 5:30pm to 9:30pm
3. Accept Select Board Committee Resignation
Lexington Tourism Committee – Kerry Brandin
Lexington Council for the Arts – Sue Benson
To accept the resignation of Kerry Brandin from the Tourism Committee and Sue Benson from the
Lexington Council for the Arts effective immediately.
DOCUMENTS: 2024 Resignation - Tourism Committee From K. Brandin, 2024 Resignation - Council
for the Arts - S. Benson
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Approve Battle Green Permit – Semiquincentennial Commission (Lex250) & Road Closure
Request on Massachusetts Avenue
Semiquincentennial Commission (Lex250 requested permission to use the Battle Green on Saturday, July
13, 2024 from 11:00am to 2:00pm for the purpose of ‘The Parker’s Prelude’ event. The event will have
musical performances, cake cutting, children’s activities as well as a Lexington Minute Man encampment.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request of the
Semiquincentennial Commission (Lex250) for the use of the Battle Green for their ‘Parker’s Prelude’
event and the road closure of Massachusetts Avenue from Bedford Street to Harrington Road on
Saturday, July 13, 2024 between 11:00am to 2:00pm as proposed.
DOCUMENTS: Battle Green use request letter, Event Map
1. Discuss Request for Proposal For Parcel 68-44 Located on Lowell Street
The Board reviewed and discussed the feedback received from committees and the public regarding the
Request for Proposal For Parcel 68-44 Located on Lowell Street.
Elaine Tung, Affordable Housing Trust, stated that the Affordable Trust Fund determined it was
appropriate not to add preferences or developer requirements to the RFP, beyond what are recommended.
Affordable housing developments are expensive, and getting the subsidies to make them feasible is a long
and competitive process. Too many requirements will cause developers to make tradeoffs in the quality of
construction, building articulation, and management amenities. In addition, the Trust thinks it is important
to allow flexibility for developers to present different methods for addressing key concerns such as
sustainability, transportation, and equity.
Mina Makarious, Town Counsel, explained that it is believed that there are other ways to address any
issues, through both the proposal submittal process, and through the comprehensive permit process.
Ms. Hai asked about potential funding sources and the timeline for this process. Mr. Makarious stated that
the land disposition agreement would identify any funding sources that are required and also the timeline
that before any closing by the Town these must be secured or well enough in hand that the closing can
proceed.
Mr. Pato expressed concern regarding leaving the wording in the RPF regarding “approximately 40
units.” His goal is to optimize the land for affordable use, but he does not want to prejudge what a good
design would be. He does not want the wording to imply that less than approximately 40 units would not
be considered. Ms. Barry agreed.
Mr. Sandeen stated that he believed “approximately 40 units” would be +/- 15%. While he would be okay
with clarifying what “approximately” means, this is the language that was proposed at Town Meeting.
Ms. Hai agreed that more discretion on this number is a benefit to the process. She suggested “up-to
approximately 40 units.” The Board agreed that this language should be added to the draft document.
Ms. Tung noted that many people in the public would like a larger number of units. The change in
proposed language may preclude developers from submitting proposals.
Mark Lang, 2 Opi Circle, stated that he is disappointed that these discussions continue without being
based in any sort of data. The only data this is based on is financing, which is a disrespectful move to the
residents of Lexington and especially the neighbors. He has asked since January 17th for data to support
the number of units for this project. Of all the developments within Lexington that have affordable
housing components, the proposed density of this project, at 40 units, is 43% higher than the densest
existing development. 25% of this property is not buildable, shoving 40 units on just over two acres. This
would not be good for existing neighbors, traffic, or those who wish to live in the new development.
Nancy Sofen, 3 Abernathy Road and member of the Tree Committee, stated that the RFP will be available
on June 27, 2024, with proposals due August 22nd, and the project awarded in mid-October. There were
bylaw amendments passed at this Spring's Town Meeting which will not be approved by the Attorney
General until likely the end of July and may not be enacted until a bit after that. She asked which version
of the bylaws will be relevant to this project. Mr. Makarious stated that the applicable requirements are
when the application is filed for the comprehensive permit. This would likely occur months after the
project is awarded.
Linda Prosnitz, 3 Demar Road and Vice Chair of the Affordorable Housing Trust, stated that the Housing
Partnership had suggested that the language be at least 40 units. To create and get financed an affordable
housing project below 40 units is much more of a challenge. Limiting this number could cause issues.
Betsy Weiss, 8 Dover Lane and member of the Housing Partnership, stated that she spoke to an affordable
housing developer in Boston, who stated that 40 units is a sweet spot in terms of tax credits. She is not in
favor of limiting this to 40 units or less.
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Mr. Lucente explained that this document will come back to the Board for further review on June 24.
DOCUMENTS: Draft RFP Timeline (5.15.2024), Comments Received to date, 0614.2024 Updated List
of comments received
2. Hearing - Package Store Liquor License Transfer - Biswas Enterprise Inc, 1666 Massachusetts
Ave Unit H
Mr. Lucente recused himself for this item. Ms. Hai sat as Acting Chair.
Ms. Hai opened the hearing at 7:56pm. She explained that the Select Board office has received all the
necessary paperwork for the transfer of the liquor license at 1666 Massachusetts Avenue, Unit H
Lexington, from Art’s Specialties, LLC., d/b/a Art’s Specialties to Biswas Enterprise Inc d/b/a Nicks
Wine and Spirits naming Anukul Biswas as Manager on Record. Biswas Enterprise Inc d/b/a Nicks Wine
and Spirits is also requesting a pledge of the license and a pledge of inventory. The Board should discuss
the allowable hours of operation for the transfer license request. The license requested for the transfer was
approved for the following hours of operation for selling alcohol: Monday through Saturday: 10:00 a.m.
to 8:00 p.m. Sunday: 12:00 Noon to 8:00 p.m.
Attorney Tom Truax, representing the applicant, explained that the application is a transfer of Section 15
All Alcoholic Beverages license. There is also a request for a pledge of license, a pledge of inventory, and
a change of d/b/a name. The proposed manager for the liquor license, Anukul Biswas, comes with
approximately five years of experience. Store hours and store layout are proposed to remain the same.
There was no public comment at this time.
Ms. Hai closed the hearing at 8:00pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the transfer of
liquor license at 1666 Massachusetts Avenue, Unit H from Art’s Specialties, LLC., d/b/a Art’s
Specialties to Biswas Enterprise Inc d/b/a Nicks Wine and Spirits for the hours of 10:00 a.m. to 8:00 p.m.
Monday through Saturday and 12:00 noon to 8:00 p.m. Sunday, a pledge of license, pledge of inventory
and the manager on record to be Anukul Biswas and once the transfer application is also approved by the
ABCC, issue a license to Biswas Enterprise Inc d/b/a Nicks Wine and Spirits.
DOCUMENTS: 1666 Mass Ave Liq Lic transfer application, Select Board Regulations - Package Store
Liquor Licensing
3. SELECT BOARD WORK SESSION – Discussion on Muzzey Parking Lot Design
Mr. Lucente retook his seat.
Ross Morrow, Assistant Town Engineering, discussed the layout and design concepts for the Muzzey
Street parking lot and whether this design should include meters and PayByPhone or simply PayByPhone,
similar to the Depot Lot. The electric charging spaces are proposed to remain as they currently exist.
Mr. Lucente explained that the Center Committee on June 3rd, voted 9-0 to recommend to the Board that
this parking lot switch from meters to kiosk for parking management, and continue the payment types of
cash coin, credit cards, and Pay By Phone.
Mr. Pato stated that he would like to preserve as many parking spaces as possible, and also sees the need
for walkways. If the meters need to be removed in order to retain the number of parking spaces, he
recommends getting rid of the meters, as long as the kiosks allow for payment by coin, credit card, and
app. If access, and safe walking paths can be preserved, and the meters can remain, it seems that the
Center Committee and some merchants may like that.
In response to a question from Mr. Sandeen, Mr. Morrow said that he would expect to bring additional
parking layouts to the Board in late summer or early fall. Mr. Sandeen asked whether solar had been or
will be considered as part of this project. Mr. Malloy explained that there was some discussion about solar
in this lot. The concern was that the buildings on the south side and the west side of the property would
provide enough shadow that there was not much value to putting solar on this closed parking lot. Ms.
Barry suggested a policy for solar on Town projects.
Mr. Lucente stated that he would like to see dedicated bicycle parking somewhere in this area.
DOCUMENTS: Muzzey Lot Concept Plans
4. SELECT BOARD WORK SESSION – Small Business Tax Exemption
Carolyn Kosnoff, Assistant Town Manager for Finance, provided an overview of the Small Commercial
Tax Exemption. The exemption is one of the four tax classification options that the Board must vote when
setting the tax rate in any given fiscal year. In November 2023, when reviewing and approving the
FY2024 tax rate, the Board indicated their interest in better understanding the Small Commercial Tax
Exemption. This would apply to any Commercial Class 3 property that is valued at less than $1M. The
business occupying the commercial parcel must have 10 or less employees across all locations. The Board
has the option to set an exemption of anywhere between 0% and 10% of the value of that property. This
would not have an impact on the Town's overall tax levy but would shift some of the burden from the
Class 3 Commercial to other ratepayers in the Commercial and Industrial classes. The total value of the
Town’s Commercial Class 3 properties, or 440 parcels, for FY24 is approximately $867M. Of this
amount, approximately 10% or $86M, or 286 parcels are valued under $1M. This includes commercial
condos. Of the 286 units that could potentially qualify for this, there are 76 unique street addresses. 60 of
those 76 are single unit parcels, and 16 of those addresses total 226 units.
Ms. Kosnoff explained that, currently, the Residential class makes up 86.78% of the Town's value,
Commercial makes up 4.92%, and Industrial 6.71%. Together, the Commercial/Industrial classes make up
11.17% of the Town's value. The Board previously shifted some of the tax rates from the Residential class
onto the Commercial, Industrial and Personal Property payers. The Residential class is only paying
76.87% of the levy and the Commercial and Industrial classes together are paying 19.42% of the levy. For
FY24, the Residential rate was $12.25 per $1,000 and the Commercial, Industrial, and Personal Property
classes were at a higher rate of $24.20.
Ms. Kosnoff explained that, if the Board chooses to enact this exemption, the value of the Commercial
Class 3 properties would go from $867M, to $850M, due to the 10% exempted. This would shift that
approximately $8M from Small Commercial payers to all of the other payers in the Commercial and
Industrial classes, but not the Personal class. This would lead to three tax rates, with the Residential rate
remaining at $12.25, the Personal remaining at $24.20, and the Commercial and Industrial rates
increasing by $0.11, or to $24.31. This results in a lower tax amount for the 10% of the exempted
properties. The total percent of the levy, 19.42%, does not change under this scenario.
Mr. Lucente explained that this seems like a good idea on the surface, but the deep dive highlights the
drawbacks.
Ms. Barry noted that the agenda mentioned this as a Small Business tax exemption, but this is really a
Small Commercial property tax exemption. There are plenty of small businesses in Town that people run
out of their homes that would not be considered.
Ms. Hai asked if the Economic Development Director has commented on whether this would be helpful
and/or attractive to any of the commercial landlords and/or businesses. She asked if this could create an
incentive for property owners to rent to tenants and businesses instead of banks. Ms. Kosnoff stated that
the Economic Development Director has not yet been asked about this topic.
A majority of the Board agreed that this topic is not worth pursuing further at this time.
DOCUMENTS: Small Commercial TaxExemption_Presentation, Information Guideline Release_16.405
The Board took a brief recess.
5. Approve Placement of Temporary Signs at Lincoln Field and/or Center Track Field - Lexington
High School Girls Soccer Boosters
Erik Larson explained that the proposal is to execute a corporate sponsorship program to display
advertising for received donations from sponsors. The intention is to use these corporate sponsorships,
from Lexington businesses, to fund part of the program. Several businesses have expressed interest. These
will be temporary signs, installed prior to the game and removed just after. The final banner design and
content placement will be approved by the Director of the Rec Committee.
In response to a question from Mr. Pato, Mr. Makarious stated that the temporary nature of this request as
part of the activity itself would distinguish it from the Boston case involving flagpoles and private speech.
The Board should retain discretion to limit this request to youth sports related advertising. Ms. Hai stated
that she would like a policy that expresses this in writing.
Dawn McKenna, 9 Hancock Street, asked if the opinion of the School Athletic Director, the
Superintendent, or the School Committee has been asked. She noted that, in this litigious society, there is
no guarantee that even approving this one will not open the door for others that may not be appropriate.
This is a new suggestion for the Town and deserves broader discussion. Mr. Malloy noted that the
Athletic Director for the School District provide a comment to the Recreation Committee that this was not
a request to the School District
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request from
the LHS Girls Soccer Boosters subject to the conditions approved by the Recreation Committee on
5/15/24.
DOCUMENTS: Request from Girl's Soccer - Recreation Committee Recommendation, Presentation - 6-
14-2024
6. SELECT BOARD WORK SESSION – LexMedia Operations Report
Ken Pogran, Communications Advisory Committee Chair, explained that next week, the Board will hear
options for funding LexMedia's budget for the next two years. At that time, the Board will be asked to set
the funding level for the two-year contract extension. Next month, the Board will hear information
regarding renewal of the Comcast Cable Television license.
Jim Shaw, LexMedia Board of Directors Chairman, acknowledged the staff at LexMedia. In the last year,
staff began LexLocal, an in-house produced news program, which runs from 30-45 minutes. Each
segment runs around 5-6 separate stories about taking place in the community.
Florence DelSanto, Executive Director LexMedia, explained that, in reviewing the total number of hours
of LexMedia produced programming across all three channels from FY2019 to FY24, the peak being in
2021. Despite staff challenges, LexMedia continues producing a consistent number of program hours.
Regarding the meetings that LexMedia is required to cover, there will be between 40-50 Select Board
meetings every year. Prior to 2024, LexMedia did not cover the School Building Committee or the
Affordable Housing Trust. Prior to 2021, LexMedia did not cover Human Rights or the Board of Health.
The demand on the number of meetings and the number of diversity meetings has grown. LexMedia is
currently stretched thin, and this level of service will be hard to sustain at the current budget.
Mr. Sandeen suggested reviewing the meetings currently being recorded as to which are most necessary.
He expressed thanks to LexMedia staff for their work.
Mr. Pato stated that he would like to have a broader discussion of the process moving forward to
continuously improve the way meetings are recorded. Ms. Hai agreed that this is the only service to
record these meetings. This is a value to the community.
Mr. Lucente asked the differences between meetings that end up on LexMedia's YouTube channel, which
seems to last forever, and something that ends up in the archive. Ms. DelSanto stated that everything
placed on YouTube is on it forever. The Town still owns the content, but YouTube also owns it and can
put advertising on it. Everything on YouTube is also on the server, on demand, and in the archive. The
most popular programs are placed on YouTube.
DOCUMENTS: LexMedia Update
7. SELECT BOARD WORK SESSION – Town Meeting Article Submission Timeline Discussion
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Mr. Lucente explained that, on May 23, he and Mr. Sandeen convened with Deputy Town Manager
Kelly Axtell and Select Board Executive Clerk Kim Katzenback to discuss the timeline for presenting
Town Meeting Articles, including citizen petitions and those requested by committees. The discussion
focused on establishing a detailed schedule to ensure alignment with the Board as well as committee
expectations. Mr. Lucente stated that he and Mr. Sandeen will take the lead in developing this timetable to
bring back to the Board.
8. SELECT BOARD WORK SESSION - Public Process for Staff Proposals Discussion
Mr. Malloy presented on the proposed Internal Policy for Community Engagement. A draft was
previously provided to the Select Board and there was a comment provided by the Engineering
Department regarding ongoing regular projects, such as paving, water/sewer, stormwater, etc., and a
question whether these would be included in the policy or exempt. The Town Manager's draft policy
would exempt these types of projects.
Mr. Pato stated that impact on the community should be considered as well as monetary value. He
suggested additional public outreach.
Ms. Barry stated that she would like to see additional information regarding the external engagement
roadmap.
Mr. Malloy stated that he would bring this back to the Board in a more refined version at a future
meeting.
DOCUMENTS: Draft Policy
9. Accept Deed of Gift - LexSeeHer
Mr. Malloy explained that the check from LexSeeHer has been received and deposited. Town Counsel
has reviewed the deeds for the plaza and monument from LexSeeHer. Town Counsel has advised that it
would be best for the Board to vote to accept the deeds and gift of the monument and plaza, and for these
to be kept on file in the Town Clerk's Office.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to accept the gift of the plaza
and monument from LexSeeHer, as per the conditions in the attached documents dated 3/28/24 and
5/18/24.
DOCUMENTS: Plaza Deed and Donation, Monument Deed and Donation
10. SELECT BOARD WORK SESSION – LHS Project Costs Discussion
Mr. Pato explained that the School Building Committee (SBC) received initial ballpark cost estimates of
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$600M+ for the LHS building project. These estimates were further outlined at the May 22 Finance
Summit, where approaches to mitigating taxpayer impact were discussed. The project is to replace or
rebuild the existing LHS to:
1. accommodate a larger student population
2. provide a safer environment for students
3. deliver the district’s educational program
4. address end of life mechanical systems, inefficient and outdated building envelopes
Mr. Pato explained that cost estimates are currently based on the educational program and student
enrollment size. Together this generates a target size in square feet for the building, which is the primary
driver of the project’s cost. The Board is asked to reflect on the current estimated costs and how they
compare to other similar projects. The Board is asked to consider any feedback it would like to provide to
the SBC about this project or about related projects such as requests for a pool, a new or expanded
fieldhouse, and relocation of school administration to the LHS campus.
Ms. Barry asked what is included in the current cost estimate. Mr. Pato explained that this includes the
base educational program that the School Committee has determined this district is trying to achieve. It
includes things like certain special education programs, a number of laboratories, and classrooms for arts
and sciences. It includes the academic program, the gymnasium, and the auditorium. It does not include a
fieldhouse, or pool. It includes anything disturbed by construction to be replaced.
Ms. Barry stated that disturbing the fields as part of this project is a non-starter for her. The fields are part
of the municipal side of the project. People of all ages benefit from this area and disturbing the fields
would impact these people. She noted that the community is discussing the sustainability portion of this
project at an estimated cost of $80M-$100M. Mr. Pato stated that the sustainability, operating, and life
cycle costs have not yet been broken out. Ms. Barry stated that the Town has always built to
programmatic needs and not to a budget. Mr. Malloy stated that the educational program that the School
Building Committee is operating under and designing toward has been submitted to and approved by the
MSBA.
Mr. Sandeen mentioned that this discussion so far has focused primarily on the upfront cost and debt
service cost of the new high school. He recommended that the Town and School Building Committee
expand the analysis to consider this project on a total lifecycle cost basis including operational and
maintenance costs over the next 30 or 40 or 50 years. He stated that designing the high school to
standards used for previous projects could result in both lower upfront and lower total life cycle costs.
In response to a question from Mr. Sandeen, Mr. Pato explained that renovation of the existing footprint
of the fieldhouse is allowed as part of the project. It is not paid for by the MSBA and must be completed
independently. All of the proposed designs allow for the existing fieldhouse to be renovated. Mr. Malloy
noted that this also requires a separate Town Meeting vote and a separate debt exclusion. Mr. Pato stated
that the cost estimates under consideration do not include the cost of renovating the fieldhouse.
Mr. Sandeen asked if there is process that can be followed to set a budget for this project in a way that
results in the outcomes we desire. He would like to understand the negative and positive implications for
setting a budget.
Mr. Lucente echoed the concerns regarding splitting the existing recreation facilities. He would like to be
creative as to how to include the land across the street. There is a lot of good land on the campus that
could be built on and this should be maximized. He asked about how the existing buildings will be
preserved and their worth/value. He noted that MBTA zoning is a large problem in terms of student
numbers for the new building. It is unclear if the proposal will meet the needs of the community.
Mr. Pato agreed with the concerns regarding enrollment over time. However, additional square footage
also increases the cost. MSBA requires for the architects to show how to expand when the need arises.
Ms. Barry asked about Recreation’s involvement if a pool and fieldhouse are included in this project. It
will be important to explain the sustainability goals to the community. A significantly larger school will
also require additional staffing, which could lead to an override. She suggested that there be a Plan B, in
case this does not pass a vote the first time. Mr. Malloy explained that it is unclear which fields will be
impacted until a final design is chosen.
Mr. Sandeen stated that he believes the operating expenses should be considered as well as the debt
service costs. He mentioned that a larger building, will require more energy, more people to maintain the
facility, and more teachers. In terms of choosing a design option, he would like to have a scorecard for
each design option to help make an informed design on the goals. Mr. Pato stated the design team is
ranking each design option on 40 or 50 criteria. In response to a question from Mr. Sandeen, Mr. Pato and
Mr. Malloy stated the final design option is expected to be chosen by the School Building Committee by
the end of December.
Ms. Barry noted that an impact to the fields will have an impact to the Recreation Enterprise Fund.
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at
10:00pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary