HomeMy WebLinkAbout2024-06-24 SB-min
SELECT BOARD MEETING
June 24, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 24, 2024, via a
hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were
present, as well as 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 6:32pm 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 6:36 pm and reconvened to open session.
PUBLIC COMMENTS
Lance Bradley, 24 Longfellow Road, expressed concern about the Lexington High School project scope.
He noted that the State has placed a number of students in various facilities around Town. The number of
these students could drastically change the footprint and cost of the project. He suggested that the Board
discuss this topic with the Governor, and associated representatives.
Dawn McKenna, 9 Hancock Street, stated that she continues to be concerned about the rotary that has
been placed in front of her house. This past week, the yield signs were knocked down by a car. More
importantly, someone drove over the middle of the rotary. She is very disappointed that the Board has
allowed the kind of landscaping, as the plantings are full of weeds.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Barry stated that, following the indefinite postponement of the article to invite the world family to the
250th Celebration next year, a community listening session was held on June 12th. The 250th
Commission will meet this Wednesday to go over what was heard and to formulate a recommendation to
bring to this Board.
DOCUMENTS: 2024.06.24_Select_Board_Announcements_and_Liaison_Reports
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Ms. Axtell stated that Tricia Malatesta, of the Engineering Department, was awarded a Special
Achievement Award by the New England American Public Works Association Chapter. Also, Dave
Pinsonneault, Director of Public Works, has been appointed to the American Public Works Association
Board of directors and will serve as its Technical Director for Fleet and Facilities. Finally, Karen Tyler,
Veteran Services Officer, was given three awards from the Commonwealth of Massachusetts honoring
her service, dedication, and service to her country, and recognizing her leadership that empowers women.
DOCUMENTS: Weekly Update 6-7-24; 6-14-24
CONSENT AGENDA
1. Lexington Housing Assistance Board (LexHAB) Property Acceptance – 31 Fletcher Ave, Unit 14
To approve the changes proposed to the Home Rule legislation regarding Lex has transitioned to a
separate nonprofit entity in the form provided in the packet and to permit the legislature and the governor
to make other non-substantive changes to format or clerical edits prior to passage
DOCUMENTS: Property Acceptance. SB Vote
2. Affordable Housing Trust Memberships
Correct Term Ending Month/day to be April 30, 2025
o William Erickson
o Linda Prosnitz
o Tiffany Payne
Reappointment to April 30, 2026
o Elaine Tung
o Mark Sandeen
To update term end date to be April 30, 2025 for the following Affordable Housing Trust Members:
William Erickson, Linda Prosnitz and Tiffany Payne.
To appoint Elaine Tung and Mark Sandeen to the Affordable Housing Trust to a two-year term to expire
on April 30, 2026.
3. Approve Select Board Meeting Minutes
To approve and release the following minutes: May 20, 2024 Select Board; May 22, 2024 Financial
Summit and the June 3, 2024 Select Board.
DOCUMENTS: DRAFT 05202024 Select Board minutes, DRAFT 05222024 Financial Summit minutes,
DRAFT 06032024 Select Board minutes
4. Approve Select Board Committee Appointment
The Lexington Center Committee - Kathleen MacDonald
To appoint Kathleen MacDonald to the Lexington Center Committee to the unexpired term ending on
September 30, 2026.
DOCUMENTS: 2024 Appt - Lexington Center Committee Application - K. MacDonald
5. Approve Select Board Committee Reappointments
Keeper of the Lockup
Executive Clerk Town Celebrations Committee:
Town Celebrations Subcommittee:
Minuteman Advisory Group on Interlocal Coordination (MAGIC):
To reappoint Police Chief Mike McLean as Keeper of the Lockup for a one-year term ending on June 30,
2025.
To reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June
30, 2025.
To reappoint William Glen Bassett, Cerise Jalelian, Julie Ann Miller, and Sandra V Podgorski to the
Town Celebrations Committee for a three-year term ending on June 30, 2027.
To reappoint Sudha Balasuryan, Stephen D. Cole, Jr, Yifang Gong, David Grabel, Bonnie L Karshbaum,
E. Ashley Rooney, Mirela Vaso, Huma Wasim, Pamela Winters, and Hong Xie to the Town Celebrations
Subcommittee for a one-year term ending on June 30, 2025.
To reappoint Jill Hai to the Minuteman Advisory Group for Interlocal Coordination (MAGIC) for a one-
year term ending on June 30, 2025.
6. Accept Select Board Committee Resignations
Transportation Advisory Committee
Lexington Human Rights Committee
To accept the resignation of Jonathan Schwarz from the Transportation Advisory Committee effective
immediately and the resignation of Lois Bruss from the Lexington Human Rights Committee effective
June 28, 2024.
DOCUMENTS: 2024 Resignation - Transportation Advisory Committee From J. Schwarz, 2024
Resignation - Human Rights Council - L. Bruss
7. Approve Town Manager Committee Appointment and Reappointments
Appointment:
o Council on Aging - Janet Perry
Reappointment:
o Youth Commission - James Athens
o Youth Commission - Debra Hankins
To approve the Town Manager's appointments of Janet Perry to the Council on Aging with a term set to
expire May 31, 2027 and the reappointments of James Athens and Debra Hankins to the Youth
Commission with terms set to expire April 30, 2027.
DOCUMENTS: Janet Perry, Janet Perry Resume, James Athens, Debra Hankins
8. Approve One-Day Liquor License – Galaray House, 1720 Massachusetts Avenue First Fridays
Event
To approve a One-Day Liquor License for the Galaray House, 1720 Massachusetts Avenue, to serve wine
and beer from 6:00pm to 8:00pm on Friday, July 5, 2024 at their 'First Fridays' Event showcasing art from
local residents.
9. Approve One-Day Liquor License – Lexington Friends of the Arts d/b/a Munroe Center for the
Arts Gallery Reception
To approve a One-Day Liquor License for the Munroe Center for the Arts, 1403 Massachusetts Avenue,
to serve wine and beer from 6:30pm to 8:30pm on Wednesday, July 24, 2024 at their 'Gallery Reception'
Event showcasing art from local residents.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
Mr. Lucente swapped items #6 and #2 on the agenda.
1. Review and Approve Recommended Amendments to H3775 regarding Lexington Housing
Assistance Board (LexHAB)
Ms. Hai explained that the next step in the process for LexHAB to move towards independent status is for
the Board to vote on the attached amendment/redrafted bill in order for the Senate to take up the
amendment. The changes are to address concerns from Senate Counsel. Town Counsel and LexHAB,
are all in agreement with these changes, which do not change the substance of what was voted by Town
Meeting.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the changes
proposed to the Home Rule Legislation regarding LexHAB’s transition to a separate non-profit entity in
the form provided in the packet and to permit the Legislature and the Governor to make other, non-
substantive changes, to format, or clerical edits prior to passage
DOCUMENTS: Redline version H.3775
6. Review and Approve Updates to Restaurant, Event Space & Craft Beverage Establishment
Alcoholic Beverage License Regulations
The Board reviewed the 2010 (Current) policy, 2024 proposed revised policy, a redline draft of the
differences between the two policies, and a section-by-section high level review of the proposed changes.
Sandhya Iyer, Economic Development Director, reviewed the proposed changes with the Board.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the 2024
Restaurant, Event Space, & Craft Beverage Establishment Alcoholic Beverage License Regulations, as
proposed.
DOCUMENTS: Proposed 2024 Policy, 2010 (Current) Policy, 2010-2024 Policy Redline, Section by
Section Summary of Changes
3. Discuss and Approve LexMedia Budgeting and Contract Extension
Rita Vachini, Communications Advisory Committee Chair, explained that the contract with LexMedia is
structured as a six-year grant agreement, in three two-year terms. The second two-year term will be
complete June 30, 2024. The intention is to renew the third two-year term starting July 1, 2024. The
Board is being asked to decide the funding level for the July 1, 2024 - June 30, 2026 contract extension.
Upon the agreement from the Select Board as to the funding level, the Town Manager/Comptroller will
then execute the contract extension documents.
The Board discussed the two funding options available.
Jim Shaw, Chair of the Board of LexMedia, stated that the group would see an impact and reduction in
coverage if the Board chooses option 1, which would not increase the funding level. The Board of
LexMedia would be willing to sign an addendum to the effect that this money would be put aside for
staffing, if the Select Board chose option 2.
Dawn McKenna, 9 Hancock Street, supported the additional funding being requested. She suggested
taking the funding out of the Reserve Fund, and then replacing these Reserve Fund monies through Fall
Town Meeting. Ms. Kosnoff noted that Reserve Fund transfers have to be items that are extraordinary and
unforeseen, which might be a stretch in this case.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to authorize the Town
Manager to execute a contract extension with LexMedia for the period covering July 1, 2024 - June 30,
2026, as budgeted for FY24, with an opportunity to reexamine the budget level at the next available Town
Meeting to accommodate the increase requested by LexMedia.
DOCUMENTS: CAC Presentation, 2020 LexMedia Grant Agreement plus 2022 Extension Agreement
4. Approve Request for Proposal and Land Disposition Agreement for Parcel 68-44 Located on
Lowell Street
The Board reviewed the final draft of the Request for Proposal (RFP) and Land Disposition Agreement
for Parcel 68-44, located on Lowell Street.
Mina Markarious, Town Counsel, explained that the RFP is intended to balance flexibility that allows for
developers who submit proposals to let the Town know the best way to make use of the site, and to
balance different features and design proposals while providing enough guidance for proposals to provide
features that the Town wants, namely 100% affordable rental housing, with sensitivity to sustainability
goals, sensitivity to site layout, connection with pedestrian walkways and pedestrian access, etc. This
would then lead to a Land Disposition Agreement (LDA). Responses to the RFP will be due by August
nd
22. The Town will then have up-to 90 days to make an award. It would then enter into a form of an
LDA.
Elaine Tung, Chair of the Affordable Housing Trust, explained that the Board received an email today
from Elizabeth Ruse from the Regional Housing Services Offices that having the proposed language
would give a strong suggestion of an upper limit of 40 units. Ms. Tung stated that she believes the
language should be flexible enough to allow the best developers to apply with quality projects for the
Town.
Carol Kowalski, Assistant Town Manager, respectfully asked the Board to consider removing the “up-to”
language. She noted that the Town Meeting Board statement did not include that language, but instead
used the word “approximately.” It is difficult to know what community or municipal interest there will be
in placing a perceived upper limit on this RFP.
Mr. Sandeen stated that Town Meeting members had asked the Select Board to set the boundaries for this
RFP prior to the Town Meeting vote, particularly regarding the number of units and that the Select Board
had deliberated extensively on this topic before agreeing on the language of approximately 40 units,
which seemed to satisfy many Town Meeting members. He also stated that this is a rare opportunity to
make a difference with Town owned property and that made it especially important to follow the
recommendations of the Town’s professionals regarding this language.
Mr. Pato expressed concern with receiving proposals over 40 units. He stated that he would like to see
proposals that make use of the land effectively and does not believe that proposals above 40 units would
meet this. He expressed concern with changing the language to “approximately.” Ms. Tung noted that the
Board will be able to pick whichever proposal it sees as best. The Affordable Housing Trust’s concern is
that the “up-to” language will not lead to quality proposals.
In response to Mr. Pato’s comments, Mr. Sandeen said that while “up to approximately 40” may
technically mean the same thing as “approximately 40”, he had been convinced over the past week by a
number of professionals in the business that the “up to” language would have an extremely deleterious
effect on the Town’s ability to attract proposals.
Ms. Tung, said that the Affordable Housing Trust is concerned that the Town will not receive proposals
with the “up to” language based on recent data showing the range of affordable housing proposals that
have been approved by the state.
Ms. Prosnitz, an Affordable Housing Trust member, stated that she does not expect the Town will receive
large unit proposals and mentioned economy of scale, that fewer units will mean the cost per unit goes
way up and will require a larger subsidy per unit, that the 40ish range is the range at which projects are
approved.
Ms Hai emphasized that the Select Board had stated to Town Meeting that they would be looking for
“approximately 40 units” for the project and RFP scope. Further, the professional advice received from
our Regional Housing Officer and others working in the field of affordable housing development made
clear that “up to” had a limiting effect. For those reason she rescinded her prior support for the “up to”
language, and asked that the Board support the suggested, and previously supported “approximately 40”.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the RFP, as
amended with the language of “approximately 40 units”, and the Land Disposition Agreement, as
attached.
DOCUMENTS: DRAFT LDA, DRAFT RFP Parcel 68-44, Draft RFP Timeline
5. Discuss Recommended Diversity Equity & Inclusion Changes for Select Board Meetings
Kelly Axtell, Deputy Town Manager, presented suggestions for the Board’s consideration in support
inclusivity during meetings including:
1. Drop formal address
2. Ask how attendees would like to be addressed
3. Use the non-gendered "Mx" instead of gendered Ms., Mr., etc.)
Ms. Hai explained that she broached this topic with the MMA Diversity Advisory Committee. Several of
the communities that are represented on the Advisory Committee have also sought to address this issue,
without finding a fully acceptable solution. One community chooses to use a person’s full name as they
have identified it on their Zoom account, or as they identify themselves at the microphone.
There was some consensus that the Board could ask people, including Board members, how they would
like to be addressed when speaking.
DOCUMENTS: Tangible Development Presentation
2. Discuss Select Board Report for FY2024 Annual Town Report
Mr. Lucente explained that, as the Town’s fiscal year 2024 has drawn to a close, the Board is being asked
to begin preparations for the Select Board submission for the FY24 (July 1, 2023 – June 30, 2024) Annual
Town Report. The final report will be due for submission to the Town Report Coordinator by September
16, 2024.
The Board discussed items to be included in the Report and which Board members would focus on which
topics.
DOCUMENTS: Select Board Report FY23 Annual Town Report, Select Board Report to 2024 Annual
Town Meeting
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at
8:50pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary