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HomeMy WebLinkAbout2022-04-25 SB-min Select Board Meeting April 25, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Monday, April 25, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente noted that the Stone Building Reuse Committee will be having a public meeting on Wednesday April 27, at 7:30pm, to review the ideas that have come forward for the reuse of that building. He thanked the Town Celebrations Committee and staff for preparing and organizing a wonderful Patriots Day event. On behalf of the Board, Mr. Lucente expressed condolences to the family of Jack Maloney, longtime Lexington resident, for his recent passing. On behalf of the Board, Ms. Hai expressed condolences to the family of Sam Silverman, longtime Town Meeting member and resident. Ms. Barry noted that the Recreation Committee will be cutting the ribbon at the Sutherland Park playground this Wednesday April 27, at 6pm. She echoed Mr. Lucente’s thanks to the Town Celebrations Committee for a great Patriots Day event. DOCUMENTS: Select Board Concerns and Liaison Reports - April 25, 2022 TOWN MANAGER REPORT Mr. Malloy explained that the RFP for the Hosmer House received one bid. Staff will need to review this item more thoroughly, as there weren’t any elevations listed in the bid. He also noted that Jennifer Hewitt is leaving her position as Budget Officer for the Town to accept a new position elsewhere, and Maggie Olivia, Retirement Administrator, will be retiring. He stated that the Center Streetscape project has started. Ms. Barry noted that there are steel jersey barriers erected down some of Massachusetts Ave., thus blocking one of the lanes. CONSENT AGENDA 1. Approve One-Day Liquor License Applications To approve two One-Day Liquor Licenses for Steve Eastridge/LABBB Collaborative d/b/a Battle-Green Festivals to serve beer and cider at the municipal parking lot behind the Depot Building (to the left of the parking attendant), 0 Meriam Street, for the purpose of the Lexington Battle-Green BBQ Festival on the following dates: Saturday, May 14, 2022 from 12:00pm to 8:00pm Sunday, May 15, 2022 from 12:00pm to 4:00pm To approve a One-Day Liquor License for the Cary Library Foundation to serve beer and wine at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the Library After Dark Concert on Saturday, May 7, 2022 from 7:30pm to 9:00pm. DOCUMENTS: Diagram of Event-Lexington Battle – Green BBQ Festival 2. Approve Limousine License Renewals To approve the applications and issue two renewed Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street and one renewed Limousine License to D&O Limo LLC d/b/a D&O Limo, 3402 Main Campus Drive. 3. Approve and Sign Proclamations: Mental Health Month; Asian American and Pacific Islander (AAPI) Heritage Month; National Public Works Week; National Police Week/Peace Officers Memorial Day To approve and sign proclamations annually recognizing the month of May as Mental Health Month and Asian American Pacific Islander (AAPI) Heritage Month and to commemorate National Public Works Week and National Police Week from Sunday, May 15, 2022 to Saturday, May 21, 2022 with Peace Officers Memorial Day being recognized on Sunday, May 15, 2022. DOCUMENTS: 2022 Mental Health Month Proclamation, 2022Asian American and Pacific Islander (AAPI) Heritage Month Proclamation, 2022 National Public Works Week Proclamation, 2022 National Police Week/Peace Officers Memorial Day Proclamation 4. Approve and Sign Eagle Scout Commendation Letter – Jonathan Amirault To approve and sign a letter of commendation congratulating Jonathan Amirault for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2022 Eagle Scout Letter - J. Amirault - Troop 119 5. Water and Sewer Finals To approve the March Water & Sewer Finals. DOCUMENTS: March Finals 6. Select Board Committee Appointment & Resignations To appoint Anderson & Kreiger LLP as Town Counsel for the Town of Lexington for a one-year term to expire March 31, 2023. To accept the resignations of Sarah Boulos from the Tourism Committee, Nagarjuna Venna from the Transportation Advisory Committee and Meg VanNostrand from the Vision for Lexington Committee effective immediately. DOCUMENTS: Resignation Letter - S. Boulos, ResignationLetter-N.Venna, ResignationLetter- M.VanNostrand 7. Town Manager Committee Appointments & Reappointment To approve the Town Manager's appointment of Dr. Jillian Tung as a member of the Board of Health effective April 30, 2022 with a term expiration date of April 30, 2025. To approve the reappointment of Alexandra Dohan as a member of the Conservation Commission with a term expiration date of March 31, 2025. To approve the appointment of Dr. Jason Hnatko as a full member of the Conservation Commission to fill an unexpired term with an expiration date of March 31, 2023. DOCUMENTS: J. Tung, A. Dohan, Dr. Jason Hnatko Recommendation VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2022 Annual Town Meeting & Special Town Meetings 2022-1/2022-2 Article Discussion/Positions Ms. Hai explained that, regarding the request for reconsideration of Article 10e and 10f, her position is that she has not seen any new information provided that was not available before the vote. For example, Mr. Pato’s dissenting vote on these articles was clearly stated originally, regarding his wish to wait for a vote on this item until the high school feasibility study can be completed. Also, Ms. Lenihan, stated in the School Committee report to Town Meeting, under 10e, that there may be uncertainty in the siting of the school, but there is no uncertainty about the need for these facilities, and, under 10f, she reiterated the School Committee's unanimous support with the same caveats expressed under 10e. She noted that she spoke with the Chair of the Finance Committee, and the Capital Expenditures Committee is opposed to reconsideration by a vote of 6-0. The Appropriations Committee is not taking a position on this item. The Community Preservation Committee has noted that this is outside of their purview, as they are not necessarily all voting members. Mr. Lucente agreed that he does not believe the threshold has been met for this item, and, thus, opposes reconsideration. Mr. Pato stated that he would continue to abstain on this item. He noted that the bylaws do not require new information to be presented for reconsideration; however, this is a tradition of the Town and one which he believes should be respected. He will continue to let other Town Meeting members make a choice as to how they want to proceed with the meeting. Ms. Barry stated that she is opposed to reconsideration. Ms. Hai, Mr. Lucente, and Ms. Barry noted that, if the motion to reconsider passes, they will remain with their original votes on the articles. Mr. Pato stated that he will change his vote to a ‘yes,’ on item 10e only if the motion to reconsider passes. DOCUMENTS: 10e and 10f motion for reconsideration, 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, Article 10e timeline slide from info session, Article10ftimelinefrominfosession, Lisah Rhodes, Vice-Chair Recreation Committee - Comments regarding 10f, Christian Boutwell, Comments regarding 10f 2. Battle Green Use Request – Throwing Star Collective The Board tabled discussion on this item until further in the meeting, in hopes that a representative for this request might join the meeting. The Board amended the order and took up the posted agenda items as follows: 6. Request for Comments on Gate Reconstruction – Hanscom Air Force Base Ms. Barry asked that a copy of this letter be sent to the towns of Bedford, Lincoln, and Concord. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the letter as attached, subject to corrections. DOCUMENTS: Ruiz Gate Comments th 5. Review Lexington Lions Club Request - 66 Annual Fourth of July Carnival – the Board took up this item at this time. Mr. Lucente recused himself, due to his role with the Lions Club. Ms. Hai explained that the Lexington Lions Club is requesting permission to hold the 66th annual Fourth of July carnival at Hastings Park, starting with a setup on Tuesday June 28, with the carnival to be held Thursday, June 30 to Monday, July 4, and concluding with the teardown and cleanup on Tuesday, July 5, concluding by 2pm. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-0 to approve the request of the Lexington Lions Club to hold the 66th Annual Fourth of July Carnival from Thursday, June 30, 2022 to Monday, July 4, 2022 with the times as requested in the Lions Club letter dated March 24, 2022. Further, to approve the request of the Lexington Lions Club to have lighting turned on until 11:30pm from Tuesday, June 28, 2022 through Monday, July 4, 2022. Further, to approve a fireworks display on Friday, July 1, 2022, at approximately 9:30pm, subject to approval of the fireworks vendor, Atlas PyroVision Productions, Inc., and necessary safety precautions required by the Fire Department. Further, to approve a Public Entertainment on Sunday License to Fiesta Shows for the Carnival to operate on Sunday, July 3, 2022. DOCUMENTS: Lions Club of Lexington Request Letter - 66th Annual Fourth of July Carnival, Public Entertainment License Request - Fiesta Shows Mr. Lucente retook his seat on the Board. Ms. Hai announced items 3 and 4 will be taken up together as they both applications for Fiorellas Restaurant, discussing the common victuallers license application first. 4. Application: Common Victualler License - Fiorella's Lexington, LLC d/b/a Fiorellas, 25 Waltham Street Henry Dane, Dane Brady and Haydon, LLP, explained that this proposal is for a restaurant with 50 indoor seats, 12 seasonal outdoors seats, and a patio to the rear. The hours of operation are proposed to be from 11am – 10pm, seven days a week. The owner of this restaurant operates a number of other restaurants, which all have alcoholic beverage licenses, and is an experienced operator. Mr. Dane stated that the patio is on property adjacent to the building, but not as part of the parking lot itself. Ms. Katzenback confirmed this, per the Building Commissioner. In response to a question from Mr. Pato, Mr. Dane stated that the restaurant will be an informal Italian restaurant dining. In response to a question from Ms. Barry, Mr. Dane stated that the owner has other restaurants in Newton, Belmont, Wellesley, and Concord. 3. Public Hearing: Wine & Malt Restaurant Liquor License - Fiorella's Lexington, LLC d/b/a Fiorellas, 25 Waltham Street Ms. Hai opened the public hearing at 6:32 p.m. In response to a question from the Board, Ramon Karian, owner, stated that he hopes to have the restaurant open by September 2022. Ms. Hai closed the hearing at 6:34 p.m. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the the applications from Fiorella’s Lexington, LLC d/b/a Fiorellas for Common Victualler License as well as a wine and malt beverages restaurant liquor license to be located at 25 Waltham Street for the proposed Restaurant Hours: Monday thru Sunday: 11:00am - 10:00pm and after the application has been approved by the ABCC, to issue the Wine and Malt Common Victualler Liquor License to Fiorella’s Lexington, LLC d/b/a Fiorellas. DOCUMENTS: Restaurant Liquor License Application - 25 Waltham Street, Floor Plan, Legal Ad - Hearing Notice 2. Battle Green Use Request – Throwing Star Collective – The Board retook this item at this time Ms. Stacey Prizio noted that the proposed rain date may be an issue for the nearby churches on that Sunday. DPW and Police were part of the review process for the route. Ms. Hai noted that she was th comfortable approving the May 14 date, but the Board may need more information prior to approval of the rain date. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the request from Throwing Star Collective to use the designated portion of the Battle Green on Saturday, May 14, 2022 from 9:00am to 12:00pm for the purpose of a scavenger hunt bike ride event titled "Red Bull Midnight Ride" as proposed with a rain date of Sunday, May 15, 2022, subject to all regulations and policies of the Select Board, including the prohibition of any advertising material on the Battle Green. DOCUMENTS: Diagram of Event - Red Bull Midnight Ride Three Routes, Town Manager's Office/Special Event Approval - Permit Letter ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 6:47 p.m. A true record; Attest: Kristan Patenaude Recording Secretary