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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. th 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 th 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 th 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 th 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