HomeMy WebLinkAbout2024-09-09 SB-min
SELECT BOARD MEETING
September 9, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 9,
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 Purchase, Lease, Value of Real Property - East Lexington Fire
Station Options
2. Exemption 2: Preparation for Negotiations with Nonunion Personnel - Interim Town Manager
VOTE: Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive
Session at 6:33pm. Under Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East
Lexington Fire Station Options and Exemption 2 –Preparation for Negotiations with Nonunion Personnel
Interim Town Manager. Further, it was declared that an open meeting may have a detrimental effect on
the negotiating position of the Town.
The Board returned to open session at 7:47pm
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
As listed within the packet, and some written comments from Mr. Sandeen.
DOCUMENTS: 09092024_Select_Board_Announcements_and_Liaison_Reports
TOWN MANAGER REPORT
1. Town Manager Weekly Update
No additional updates at this time.
DOCUMENTS: Weekly Update 8-9-24; 8-16-24; 8-23-24; 8-30-24; 9-6-24
CONSENT AGENDA
1. Approve Select Board Meeting Minutes
August 5, 2024, Select Board Meeting
August 15, 2024, Summit
August 19, 2024, Select Board Meeting
To approve and release the following minutes: August 5, 2024, Select Board, August 15, 2024, Summit
and August 19, 2024, Select Board Meeting
DOCUMENTS: DRAFT 08052024 Select Board, DRAFT 08152024 Summit, DRAFT 08192024 Select
Board
2. Approve: One-Day Liquor License - Revival Cafe + Kitchen, 1729 Massachusetts Avenue
First Friday, Pop Up Event - Friday, October 4, 2024, from 6:00pm -8:00pm
To approve a One-Day Liquor License for Revival Cafe + Kitchen to serve beer and wine inside their
cafe at 1729 Massachusetts Avenue on October 4, 2024, during the hours of 6:00 - 8:00pm, exactly one
hour later than their Victualler License operates.
3. Approve Entertainment License - Follen Church, 755 Massachusetts Avenue
Follen Church, East Village Community Fair - Saturday, October 5, 2024, from 10am-
3pm
To approve an Entertainment License for the Follen Church to host their East Village Community Fair on
Saturday, October 5, 2024, from 10am-3pm with musical performers on a stage on the front lawn of the
church.
DOCUMENTS: East Village Fair - Event Diagram
4. Approve and Sign Proclamation - DAR Constitution Week
Week of September 17-23, 2024
To approve and sign a proclamation recognizing the week of September 17-23, 2024, as Constitution
Week in accordance with Public Law 915.
DOCUMENTS: 2024 DAR Constitution Week Proclamation
5. Approve: One-Day Liquor License - Communities United, 13 Depot Square
9th Annual Pages of Possibility Gala - September 19, 2024, from 6:00pm - 9:00pm
To approve a One-Day Liquor License for Communities United, Inc to serve beer and wine inside
Lexington Depot, 13 Depot Square on September 19, 2024, from 6:00 p.m. to 9:00 p.m.
6. Approve: One-Day Liquor License - Historical Society, 1 Bedford Street
Only Murders in the Tavern Event - Wednesday, October 4, 2024, from 7:00pm -9:00pm.
To approve a One-Day Liquor License for Lexington Historical Society to serve beer and wine inside
Buckman's Tavern at 1 Bedford Street on October 5, 2024, from 7:00 p.m. to 9:00 p.m.
7. Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street
Beer Garden Event - September 26, 2024, from 5:00pm - 8:00pm
To approve a One-Day Liquor License for Wilson Farms to serve beer outside their farm greenhouse, 10
Pleasant Street on September 26, 2024, from 5:00 p.m. to 8:00 p.m.
DOCUMENTS: Wilson Farm- Beer Garden Event Diagram
8. Accept Select Board Committee Resignation
Housing Partnership Board- Samita Mandelia
To accept the resignation of Samita Mandelia from the Housing Partnership Board, effective immediately.
DOCUMENTS: 2024_Resignation_-_Housing_Partnership_Board_From_S._Mandelia
9. Approve Response to Liquor License Compliance Check Violations
To approve and authorize the Select Board Chair to sign the letters to be sent to Il Casale, Ixtapa, Via
Lago and The Inn at Hastings, informing them of the actions to be taken regarding the liquor license
violations found during the August 14 and August 15, 2024, compliance checks conducted by the
Lexington Police Department.
DOCUMENTS: Il Casale 1st Offense Letter, Inn at Hastings 1st Offense Letter, Ixtapa Cantina 1st
Offense Letter, Via Lago 1st Offense Letter, Alcohol Enforcement Regulation
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discuss Lexington 250th Monument at Belfry Hill
Barry Cunha, Lex250 Commission, gave a brief history of this project. Miriam Gusevich, Artist,
explained that the project is called "A Path to Liberty." An overview of the design was presented. The
concept of this design is the same as the original, but the change is that the symbolic part of the memorial
has been moved further back. The site has also been opened and been made more inviting. The rods are
also proposed to be shorter, lessening the impact on the park.
Ms. Barry stated that her recollection is that the Board had a preference that a monument be either
completely on the left side or the right side of this path. Ms. Gusevich stated that the path was originally a
divider in the design, but the current design uses it as a uniting message within the design.
Ms. Barry noted that the Board has received feedback from the community regarding the colors of the
rods being red and blue. Ms. Gusevich stated that there are two aspects of the colors. One is that the red
coats were red and that the Continental Army adopted blue for the uniforms. The rods are also proposed
to be these colors as a way not to camouflage them and have them fade into the background.
Ms. Barry stated that it is unclear how interactive the Town would like for the monument to be. Ms.
Gusevich stated that the rods will not be situated in a way that suggests meandering through them. She
noted time constraints at play.
Mr. Pato explained that the original design was not universally celebrated by the community. The Board
is the custodians of the Battle Green and must understand how what is approved will be received by the
current community and those to come. He asked about community outreach on the current design. Mr.
Cunha stated that there has not been any town-wide community outreach, but he has spoken to influential
people in Town. This project could stand the test of time.
Mr. Pato explained that the Town just inaugurated a new monument across the street which did engage
the public quite extensively and came with a large community that supported and advocated for it. This
project does not yet have that. He also expressed concern regarding this monument creating an impression
that this first encounter was one between two standing armies, as this is a disservice to the history. He is
also concerned with the safety issues brought up by Ms. Barry. He noted that the Board did previously
express that it wanted to see this monument on one side of the path or the other. Mr. Cunha stated that this
was one reason why the monument was moved further back. Neither of those sites are now involved. This
works better, as it creates a pathway directly from the Belfry.
Mr. Sandeen echoed the comments made by Mr. Pato and Ms. Barry. He stated that he believed the Board
approved a project only on one side of the path or the other. He raised concerns regarding maintenance
around the closely spaced rods and that the new proposal seems to be taking up more space now than
previously by putting steel poles in the walkway – which raises additional accessibility and safety
concerns. He expressed concern that the red and blue colors could be divisive instead of inclusive, due to
the current political parties, while also noting the actual historical facts. The valuable contributions of
everyone, not just men of the time, should be recognized. He would like the monument to have the
backing of the whole community. This should not be rushed.
Ms. Hai stated that she believes the proposed design would be welcoming and engaging to the
community. The design does sit more to one side of the path, though she understands the reservations
expressed. She believes the design would be an interesting addition to the landscape. She asked if the new
iteration has been discussed by the Lex250 Commission. Ms. Barry stated that it has not.
Mr. Lucente stated that part of what makes the Battle Green’s story remarkable was that the cause was not
as well organized as the other side, but this design makes the two look even and quite well organized.
Belfry Park is a hidden gem for the Town. This design makes it less private and more visible to the
monument and he would like to better understand the proposed angles. He suggested that the expectation
level for the timeframe of this project likely needs to shift a bit.
Christina Burwell, 6 Albemarle Avenue, stated that in looking at this with fresh eyes, the design reads as
Democratics and Republicans, which is likely not a good thing. The path between the two also reads as
divisive.
Dawn McKenna, 9 Hancock Street, noted that this is not a park. The vision of that area was to open it up
and make it visible from connecting sites. She stated that she would like to hear from the DPW Director
as to what will actually be built on the site. She asked about the process for making sure the landscaping
piece is done correctly. Regarding the proposed plaza, this appears to not only connect the two sides, but
also introduces brick into the site as another material. She asked the Board to consider the staking of the
site.
Mr. Lucente suggested including a Board member to liaise with this project a bit closer. Ms. Barry stated
that she believes having the proponents hear information from the Board this evening should be enough.
DOCUMENTS: Lex250 Monument presentation, DPW Memorandum
2. Update - Solar Canopy Project at the Police Station
Mike Cronin, Director of Facilities, explained that, in conversations with some members of Sustainable
Lexington, it was thought that there was opportunity for some value engineering to the structure. The
group worked with a steel fabricator that specializes in this type of field in order to consider reducing the
amount of welding called for in the design spec with hopes to reduce the overall cost of the steel structure.
Another consideration was putting this project out for an RFP.
Jeff McElravy, AIA, Principal, Tecton Architects, explained that there will be a savings of approximately
$313,200 from tonnage. There could be another approximately $124,000 of savings, if changing from a
racking system to a more conventional solution is considered. Mr. Cronin explained that the proposed
changes will be presented to the HDC.
DOCUMENTS: Solar Canopy Presentation
3. Discuss Considerations for Future Fletcher Park Use Requests
Mr. Malloy explained that the Farmer's Market temporarily moved from Fletcher Park to the practice field
at the Center Recreation Area so that Fletcher Park could be used as a lay down area for the Center
Streetscape, Battle Green Streetscape, and Police Station projects. As the Police Station project wraps up,
the rehabilitation of Fletcher Park includes plans for a sprinkler system and sod. The management of all
Town property falls under the Town Manager \[Section 9(D)\] and, as such, the Town Manager has made a
preliminary determination to not allow trucks/vehicles onto the grass at Fletcher Park, but to make
provisions for the vendors to park along the new wide sidewalks that encircle the park to sell from there.
Trucks driving on the grass will damage the sprinkler system and make future maintenance of the park
more difficult. Mr. Malloy stated that he, the DPW Director, Public Facilities Director, and Police
Captain, met with Leslie Wilcott-Henrie and Linda Arnow to discuss this issue. A workable solution
seems to be allowing the farmers to park around the concrete sidewalks. The current plan is for the
Farmer’s Market to continue to be located at the practice field on Worthen Road for the 2025 season and
move back to Fletcher Park for the 2026 season. This will provide the time and review necessary to work
out the remaining details. Mr. Malloy asked the Select Board to weigh in item, due to his upcoming
retirement.
Dawn McKenna, 9 Hancock Street, stated that, as the person who advocated for this location to become
the original Farmer’s Market, the notion that this would be disallowed is disappointing. It is also not okay
to not bring back the Farmer’s Market to this location until 2026. The purpose of this area was not for the
solar project or the Police Station, as it was agreed that the park needed to be there.
Leslie Wilcott-Henrie, 70 East Street and Board president for the Lexington Farmer’s Market, stated that
she is grateful that this site is viewed as a Farmer's Market site, but she has always viewed it as a larger
community use site. She asked the Select Board to take into consideration how this space is going to be
used. The Board would like to stay at the Worthen Road practice field through 2026 for logistical reasons.
Mr. Lucente suggested some level of compromise. Finishing the site is important but modifications may
be able to be made in the future.
Ms. Hai stated that it is important to keep the park aesthetically attractive, while also able to be utilized by
the community. She asked about the plan for the underground irrigation and considering moving vehicles
or structures over it.
4. Busa Farm Conservation Restriction
Carol Kowlaski, Assistant Town Manager for Development, explained that the Busa Farm Conservation
Restriction (CR) was a requirement of the 2009 purchase of the Busa Farm property. The CR reflects that,
if it is ever not used as a farm, it could be used for active recreation, provided the disuse has been
documented, and that the grantee agrees that the Town has made every effort to look for another farm
operator. The Town will contribute $5,000 to the grantee to help enforce and monitor the CR.
Mary Rose Scozzafava, President of Lexington Community Farm, thanked Ms. Kowlaski, the Citizens for
Lexington Conservation, and her Executive Director for generating the proposed document. She stated
that she would be happy to increase the square footage limitation if the Board sees fit.
Dawn McKenna, 9 Hancock Street, suggested that Section 18, subparagraph A.ii. should be removed. If,
in the future, the Town wants to use the land and it is no longer being actively used as a farm, the Town
should not handcuff itself against the opportunity to make that choice. Ms. Kowlaski explained that the
State is insisting that similar language be included.
The Board requested additional information on this topic prior to voting on it.
DOCUMENTS: Memo, BusaFarmCRSubmission, Conservation Restriction For Signatures
5. Review Draft Article List for Proposed 2024 Special Town Meeting
Kelly Axtell, Deputy Town Manager, reviewed a draft list of articles proposed for 2024 Special Town
Meeting. There are seven financial articles proposed, not including any citizens petitions. The proposed
first day of Special Town Meeting is November 13, 2024, and the proposed format is a hybrid meeting.
Citizens petitions will be due to the Select Board’s Office by October 2, 2024 at 12:00pm. The final
warrant will be presented and signed by the Select Board on October 7, 2024.
DOCUMENTS: STM 2024-1Article list DRAFT
6. Review Draft Select Board Report for FY24 Annual Town Report
The Board reviewed its draft Select Board report for the FY24 Annual Town Report.
DOCUMENTS: DRAFT_FY2024_SBAnnualReport
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at
9:59pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary