HomeMy WebLinkAbout2024-07-22 SB- min
SELECT BOARD MEETING
July 22, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 22, 2024, via a
hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Hai, and Mr. Sandeen, were present, as well
as Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Mr. Sandeen explained that the Hanscom Area Towns Committee sent a letter to the legislative delegation
asking that the House make an amendment to the Climate Bill to include a change to Mass Port Charter,
so that they would be required to consider environmental justice as well as greenhouse gas emissions. The
Charter, which was set in 1956, only allows them to consider economic development currently. The
amendment passed both the Senate and the House. Thus, if a Climate bill reaches the Governor's desk, the
Mass Port Charter will be changed.
Ms. Hai stated that there were 11 candidates for the Town Manager search who were considered to meet
all of the qualifications. These candidates were sent a set of essay questions for response, as well as a
request to submit written work. Those responses were due back July 22, 2024. Committee members will
be receiving that information within the next week or so for review and discussion.
Mr. Sandeen noted that the Affordable Housing Trust is having a pre-bid conference tomorrow for the
Request for Proposal.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Ms. Axtell stated that paving operations on the Minuteman Bikeway begin tomorrow and will occur in
two phases.
Sandhya Iyer, Economic Development Director, introduced Jay Abdella, the Town’s new Senior
Economic Development Coordinator. The Board welcomed Mr. Abdella to the Town.
DOCUMENTS: Weekly Update 7-12-24; 7-19-24
CONSENT AGENDA
Mr. Pato recused himself from Agenda Item #1 and it was taken up separately.
1. Appointment of Election Officers 2024-2025
To approve the list of election officers for the period of September 1, 2024 through August 31, 2025 as
recommended by the Town Clerk and Board of Registrars as presented in the memo dated July 1, 2024.
DOCUMENTS: Election Worker Appt Request Letter, Election Worker List
VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the Consent
Agenda Item #1.
2. Approve Water and Sewer Adjustments
Water & Sewer Adjustments $ 48,889.68
To approve the Water & Sewer adjustments as recommended by the Water Sewer Abatement Board's
June 13, 2024 meeting in the amount of $48,889.68.
DOCUMENTS: Adj for 7-22-24 SB
3. Town Manager Appointment
Council on Aging - Bonnie Jean Teitleman-Levin
To confirm the Town Manager's appointment of Bonnie Jean Teitleman-Levin to the Council on Aging
with a term set to expire May 31, 2026.
DOCUMENTS: Application, Resume
4. Approve Select Board Committee Resignation
Vision for Lexington - Kathleen Lenihan
To accept the resignation of Kathleen Lenihan from the Vision for Lexington Committee effective
immediately.
DOCUMENTS: 2024 Resignation - Vision for Lexington Committee From K. Lenihan_Redacted
5. Approve Select Board Committee Appointments
Board of Appeals Associates - Thomas Shiple
Lexington Bicycle Advisory - Jonathan Schwarz
Semiquincentennial Commission - Melanie Lin
Tourism Committee - Ting Fang
Town Celebrations Subcommittee - James Jackson Lee
Transportation Advisory Committee - James Luker
Vision for Lexington - Larry Freeman
Board of Appeals Associates
To appoint Thomas Shiple to the Board of Appeals Associates Committee to the unexpired term ending
September 30, 2024, to be effective immediately.
Lexington Bicycle Advisory
To appoint Jonathan Schwarz to the Bicycle Advisory Committee to the unexpired term ending
September 30, 2026, to be effective immediately.
Semiquincentennial Commission
To appoint Melanie Lin to the Semiquincentennial Commission to the unexpired term ending December
31, 2026, to be effective immediately.
Tourism Committee
To appoint Ting Fang to the Tourism Committee to the unexpired term ending September 30, 2024, to be
effective immediately.
Town Celebrations Subcommittee
To appoint James Jackson Lee to the Town Celebrations Subcommittee to the unexpired term ending June
30, 2025, to be effective immediately.
Transportation Advisory Committee
To appoint James Luker to the Transportation Advisory Committee to the unexpired term ending
September 30, 2025, to be effective immediately.
Vision for Lexington Committee
To appoint Larry Freeman to the Vision for Lexington Committee to the unexpired term ending
September 30, 2024 to be effective immediately.
6. Approve One-Day Liquor Licenses - T.P. Bronx LLC d/b/a Galaray House: 'First Friday' Monthly
Art Shows - August 2nd, September 6th, & October 4th, 2024.
To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve
wine and beer from 6:00pm to 8:00pm on Friday, August 2, 2024, September 6, 2024 and October 4,
2024 at their 'First Fridays' Event showcasing art from local residents.
7. Approve One-Day Liquor License – Wilson Farm, Inc.: Dinner in the Field: July 25, 2024 at 10
Pleasant Street.
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, July 25, 2024 from 5:30pm to 9:30pm.
DOCUMENTS: DiagramofEvent
8. Approve Entertainment License – Friends of Lexington High School Wrestling Corp: LexGiving
5k Race: November 29, 2024 at Lincoln Field.
To approve an Entertainment License for The Friends of Lexington High School Wrestling Corp to host a
LexGiving 5k race for charity on Friday, November 29, 2024 from 6:00am- 1:00pm with a live DJ in
Lincoln Field, 52 Lincoln Street.
DOCUMENTS: DiagramofEvent
9. Approve Select Board Meeting Minutes
To approve and release the following minutes:
June 24, 2024 Select Board
July 8, 2024 Select Board Retreat
July 8, 2024 Select Board Meeting
DOCUMENTS: DRAFT 06242024 Select Board minutes, DRAFT 070824 Select Board retreat minutes,
DRAFT 07082024 Select Board minutes
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent
Agenda Items #2-9.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Vote and Sign September 2024 Primary Election Warrant
Mr. Lucente explained that the Board is being requested to approve the September 3, 2024, Primary
Election Warrant, as provided by the Town Clerk. The Town Clerk has provided the schedule for the
early voting hours being held in the Cary Memorial Building for the September 2024 Primary Election as
established and approved by the Registrar of Voters.
Ms. Hai noted that the Board received a lot of feedback last year from the residents of Precinct 7 that it
was inconvenient to be on the opposite side of Town. She asked if there was a different option. Ms. de
Alderete, Town Clerk, stated that she will look into alternate location options.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the
September 3, 2024, State Primary Election Warrant.
DOCUMENTS: Warrant for 2024-09-03-SP election, Early Voting Hours
2. Accept Fairland Pump Station Easement
Marissa Liggiero, Engineering Assistant, provided an overview of the Fairland Pump Station Easement.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the easement
agreement and authorize the Select Board to execute the agreement.
DOCUMENTS: Pump Station Easement Agreement
3. Comcast of Massachusetts III, Inc Cable Television License Renewal
License Renewal Hearing
Approve Comcast Renewal Contract
Mr. Lucente opened the hearing at 6:49pm.
Ken Pogran, Communications Advisory Committee Chair, explained that this hearing is to receive any
public comment regarding the Comcast of Massachusetts III, Inc., Cable Television License Renewal. He
explained that Comcast is one of three cable television providers in Lexington. Comcast is currently
operating under a ten-year renewal license that was granted in 2014 and expires at the end of August of
this year. The license renewal process is subject to a number of federal and State laws and regulations.
Among those, the Select Board is the issuing authority for cable television licenses in the Town of
Lexington. Pursuant to direction from the Select Board, the Communications Advisory Committee (CAC)
has been conducting the license renewal process on behalf of the Town. The license renewal process has
several phases and extends over a three-year period. At its meeting in June, the CAC voted to recommend
that the Select Board approve and execute the Comcast renewal license. The license is for a ten-year term,
which is the maximum term for a cable television renewal license, and there is no provision for the
licensee to terminate the license early. Comcast will continue to provide the maximum allowed by law, a
5% franchise fee, which equates to 5% of their cable television revenues. These funds are used to help
support Lex Media.
Mr. Pogran explained that the PEG Capital Grant is a new provision, which was authorized by the SEC
several years ago. Under this, Comcast will provide the Town with $20,000 per year, specifically
dedicated to the capital needs of Lex Media. This is over and above the limitation of the 5% franchise fee.
The other important provision deals with upgrading the PEG access channels that Lex Media uses.
Comcast offered two options for upgrading the PEG access channels which were both included on the
license for the Town to choose from within the next three years. The other negative is that Comcast may
charge the Town up to $30,000 for costs associated with doing these upgrades.
There was no public comment at this time.
Mr. Lucente closed the public hearing at 6:58pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the
proposed non-exclusive Cable Television Renewal License for Comcast of Massachusetts III, Inc., for a
10-year term for the period of September 1, 2024 through August 31, 2034 as presented.
DOCUMENTS: Presentation, Comcast Cable Television Renewal License 2024, Comcast Senior
Discount Letter 2024
4. Review & Approve Theater Licenses
Hastings Cinema Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2
theaters)
Mr. Lucente explained that Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts
Avenue, has submitted an application, and all necessary documents, to obtain two Theater Licenses for
the purpose of showing movies in Cinemas 1 and 2. The current licenses expire on September 1, 2024.
The Fire Safety Inspection was completed and passed on July 5, 2024. A Certificate of Inspection was
issued on July 5, 2024, by the Building Inspector. The Zoning Administrator did not have any concerns.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the application
and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794
Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2024 through
September 1, 2025.
5. Review & Approve Entertainment License - Reed Street Block Party Music and Comedy -
August 2, 2024 at 79 Reed Street.
Mr. Lucente explained that resident Alvaro Mendoza has submitted an application requesting approval for
an Entertainment License for the purpose of having live music and comedians at 79 Reed Street on
Friday, August 2, 2024, during the neighborhood block party being held on Reed Street . An event
diagram has been provided. The live musical and comedy performance will be from 5:00pm to 9:00pm in
front of 79 Reed Street. The requester has received a Block Party Permit from the Town Manager's Office
which include the closure of Reed Street between Ash and Garfield Streets. Police, Fire, DPW, and
Engineering all reviewed the Block Party application and have no objections.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve an Entertainment
License for Alvaro Mendoza for the purpose of providing a live musical and comedy performance at 79
Reed Street during the Reed Street Block Party to take place on Friday, August 2, 2024 from 5:00pm to
9:00pm.
DOCUMENTS: Block Party Permit from TMO, Block Party Event Diagram, Letter and Notification of
Neighbors
6. Review & Approve Proclamation - National Minority Mental Awareness Month
Dana Bickelman, Human Services Director, explained that the Lexington Human Rights Committee has
submitted a proclamation which the Board is requested to approve and sign, to annually recognize the
month of July as National Minority Mental Health Awareness Month in the Town of Lexington. This new
proclamation highlights the unique strengths and challenges faced by Black, Indigenous, and people of
color (BIPOC) regarding mental health and emphasizes the importance of culturally competent resources
and community support.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a
proclamation recognizing the month of July annually as National Minority Mental Health Awareness
DOCUMENTS: Proclamation
7. Review & Approve Proclamation - Farmers' Market Week
Mr. Lucente explained that the Board is requested to approve and sign a proclamation, submitted by
Leslie Wilcott-Henri, Lexington Farmers' Market, to recognize August 6, 2024, as Lexington Farmers’
Market Day in the Town of Lexington. This new proclamation honors the Lexington Farmers’ Market and
its participants for twenty years of providing access to healthy, local food, promoting sustainable
agriculture, supporting local businesses, and fostering community engagement.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a
proclamation recognizing August 6, 2024, as Lexington Farmers’ Market Day.
DOCUMENTS: 2024 Lexington Farmers Market Day Proclamation
8. 2nd Quarter ARPA Discussion
Ms. Kosnoff explained that the Board has received the updated ARPA spreadsheet and requests from
Town Departments. After these requests, there will be a remaining unappropriated balance of $375,762.
For the second quarter of 2024, the following four requests are being made:
Economic Development - Supplemental budget to execute a contract for the Liberty Ride
through 2025 and to expand the service from 4 days to 7 days per week for the 250th for
$89,856.
Recreation and Community Services - Recreation Inclusion Program for $5,000.
Public Health - Adult Vaccination Program for COVID and other vaccines for $70,000.
Human Services - To rename/expand the Food Insecurity to Emergency Services to allow for
food insecurity, but also other issues that families are facing. No additional funding is being
requested.
Ms. Kosnoff noted that there is a balance of $2,347,654 for items approved but not yet expended. Staff
are moving forward with many projects and anticipate having them under contract in the coming months.
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The next quarter, September 30, will be the last that new projects will be considered, as they need to be
under contract by December 31, 2924. It may be necessary to consider redistributing some previously
approved amounts in mid-December.
Dawn McKenna, 9 Hancock Street, recommended that the Board allocate the remaining approximately
$375,000 to the Tourism Revolving Fund, in order to allow them to purchase a new vehicle to be ready
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before the 250 Celebration. Every dollar that the Board invests in tourism allows them to make more
money that can be poured back into the community.
Ms. Iyer stated that the storeback improvement program has been part of the East Lexington improvement
project. A similar recommendation has been made by the Center Committee and the EDC for the Center.
As the 250th Celebration is coming up, it might be good to fund this in both the Center and East
Lexington at the same time. The funding for the East Lexington project could be extended to reach a
couple of locations in the Center. Ms. Hai agreed that the Center Committee recently unanimously
supported this idea.
Mr. Pato agreed with the idea of expanding this program but noted that he would like to see a formal
request. He noted that the additional request for the Tourism Revolving Fund has also not been formally
submitted yet.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Liberty Ride
Supplemental for $89,856; Recreation Inclusion Program for $5,000; Adult Vaccination Program for
$70,000 and to rename the Food Insecurity Program to be the Emergency Services Program, all from
ARPA funds.
DOCUMENTS: ARPA Spreadsheet 2nd Quarter 2024
9. Review & Approve Liberty Ride Contract Renewal
Ms. Iyer, explained that, after the Board approved the ten-year contract with Joseph's, they made
additional requests that led the Town to cancel the bid. However, to ensure that the Town has the Liberty
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Ride Trolley for 2025 and the 250 Celebration, Staff is seeking approval for a one-year contract at either
the current four days per week or an increased service to seven days per week. Staff is recommending
seven days per week. Given the cost, either of these options will require supplemental funding which is
subject to the ARPA request that is also on the agenda this evening.
Mr. Pato noted that the Board approved the seven days per week increased services and now needs to
determine how to execute the funding for this.
Mr. Lucente stated that he is struggling with the long-term plan for Liberty Ride. Lexington has,
historically, seen a bump in tourism from the Bicentennial that lasts a long time, and something similar
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could be expected for the 250 Celebration.
Ms. Iyer stated that one of the biggest challenges is that the revolving fund is only able to extend an
amount of funding to cover the costs of guides, and maybe some of the seasonal staff. It is absolutely not
able to cover the cost of new full-time hires, such as drivers and a Transportation Manager. The Town
currently has an RFI to do a comprehensive study of Liberty Ride, as well as tourism in general, to give a
cost analysis as to how best to move forward with the tourism economy in Town. Ms. Kosnoff agreed that
the Town is going to struggle to find a model where Liberty Ride is self-supporting with only the revenue
that it is generating. The intention is to try to find some other model, such as a private partnership.
Dawn McKenna, 9 Hancock Street, asked the Board to sit down and think back to the principals that
previously made this service work. People love this program, and she asked that the Board determine how
to manage it as a successful entity.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a one-year
contract with Joseph's for the Liberty Ride for seven days per week service, as consistent with the
recommendation for ARPA funding.
DOCUMENTS: Memorandum, RFIResponse
10. Discuss Recommended Holiday Dates to take into Consideration when Scheduling Meetings -
Boards and Committees
Ms. Axtell explained that the Select Board and Town Meeting, in practice, try not schedule meetings for
holidays that are observed by the Lexington Community. The Board is being presented with a proposed
list of observed holidays/practices which are being recommended to avoid when Staff/Boards/Town
Meeting are scheduling public meetings so as to provide the opportunities for engagement without
limiting attendance.
Ms. Hai suggested adding Good Friday and Easter Sunday to the list.
Mr. Lucente asked that Ms. Axtell look further into any potential restrictions for Lunar New Year.
Dawn McKenna, 9 Hancock Street, noted that Orthodox Easter should be listed separately from Easter.
DOCUMENTS: Proposed Public Meeting Holiday schedule
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at
7:58pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary