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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