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HomeMy WebLinkAbout2025-04-02 SB Packet - ReleasedSELECT BOARD MEETING Wednesday, April 2, 2025 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1.Select Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1.Town Manager Weekly Update CONSENT AGENDA 1.Approve: One-Day Liquor License - Craft Food Hall, Hastings Park Patriots Day Picnic in Hastings Park - Monday, April 21, 2025 2.Approve: One-Day Liquor Licenses - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot (2) Lexington Battle Green BBQ Festival - Saturday, May 17, 2025 & Sunday, May 18, 2025 3.Approve: Entertainment License - LABBB Collaborative Lexington Battle Green BBQ Festival - Saturday, May 17, 2025 & Sunday, May 18, 2025 at 0 Meriam Street/Depot Parking Lot 4.Approve: Sunday Entertainment License - LABBB Collaborative Lexington Battle Green BBQ Festival - Sunday, May 18, 2025 at 0 Meriam Street/Depot Parking Lot 5.Approve: Entertainment License - Friends of Lexington High School Wrestling Corp LexGiving 5k Race: Friday, November 28, 2025 at Lincoln Field. 6.Approve: Battle Green Use Request - United States Army Promotion Ceremony Saturday, May 17, 2025 7.Approve: Discovery Day Street Fair 2025 Request - Lexington Retailers Association Saturday, May 24, 2025 Location + Road Closures: Massachusetts Avenue Depot Square Muzzey Street Temporary Sign on Minuteman Commuter Bikeway, 1775 Massachusetts Avenue Free Parking at Central Business District Parking Meters and Depot Lot 8.Approve Select Board Minutes February 14, 2025 Select Board February 24, 2025 Select Board ITEMS FOR INDIVIDUAL CONSIDERATION 1.Application: Battle Green Use Request - Drone Use on April 5, 2025 6:40pm 2.2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions 6:50pm ADJOURN 1.Anticipated Adjournment 7:00pm Meeting Packet: https://lexington.novusagenda.com/agendapublic/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://lexingtonma.zoom.us/j/82013535294?pwd=mGvKYC9PHOT8ByUHHa0a18jNRhRXpf.1 iPhone one-tap: +13017158592,,82013535294#,,,,*848540# Phone +1 646 876 9923 Meeting ID: 820 1353 5294 Passcode: 848540 An Act Relative to Extending Certain State of Emergency Accommodations: https://www.mass.gov/the-open-meeting-law The next regularly scheduled meeting of the Select Board will be held on Monday, April 7, 2025 at 6:00pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and subject to change. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: Doug Lucente, Chair ITEM NUMBER: LR.1 SUMMARY: Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment on any additional points or concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: Steve Bartha, Town Manager ITEM NUMBER: TM.1 SUMMARY: Under this item, the Town Manager can provide verbal updates, make announcements, as well as comment on any additional points or concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: One-Day Liquor License - Craft Food Hall, Hastings Park PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.1 SUMMARY: Category: Decision-Making Craft Food Hall d/b/a Revolution Hall is requesting a One-Day Liquor License to serve beer and wine at Hastings Park for the Patriots’ Day Picnic on Monday, April 21, 2025, from 11:00am - 3:00pm. The event will include a designated Beer Garden area, where alcohol service will be strictly managed. All alcohol will be served by state-certified staff trained in responsible beverage service, including ServSafe and TIP-certified individuals who will check IDs and monitor consumption. A mobile beer trailer will be set up within the designated area to serve attendees. Alcohol delivery is scheduled for 9:00am, and all alcohol will be removed by 4:00pm on the same day. The request has been reviewed by the Department of Public Works, Police Department and Fire Department with no concerns. SUGGESTED MOTION: Move to approve a One-Day Liquor License for Craft Food Halls – Revolution Hall to serve beer and wine at the Patriots’ Day Picnic at Hastings Park on April 21, 2025, from 11:00am - 3:00pm. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 ATTACHMENTS: Description Type Picnic in Hastings Park Event Map Backup Material Blank Template Beer Garden Food Tent AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: One-Day Liquor Licenses - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.2 SUMMARY: Category: Decision-Making LABBB Collaborative has requested two One-Day Liquor Licenses to serve beer and cider at the municipal parking lot behind the Depot Building, 0 Meriam Street, for the purpose of the Lexington Battle Green BBQ Festival on the following dates: Saturday, May 17, 2025 from 12:00pm to 6:00pm Sunday, May 18, 2025 from 12:00pm to 4:00pm The request has been reviewed by the Department of Public Works, Police Department and Fire Department with no concerns. A permit has been issued by the Town Manager's Office for the event location. SUGGESTED MOTION: To approve two One-Day Liquor Licenses for LABBB Collaborative to serve beer and cider at the municipal parking lot behind the Depot Building, 0 Meriam Street, for the purpose of the Lexington Battle Green BBQ Festival on the following dates: Saturday, May 17, 2025 from 12:00pm to 6:00pm Sunday, May 18, 2025 from 12:00pm to 4:00pm Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 ATTACHMENTS: Description Type Lex BBQ Map Backup Material EntranceRestrooms StageMEdian - MEdian - MEdian - MEdian - MEdian - MEdian - MEdian - MEdian LABBB Donation Tent Beer tix tent Beer tents BArrier - BArrier - BArrier - BArrier - BArrier - BArrier - BArrier - BArrier Bikeway - Bikeway - Bikeway - Bikeway - Bikeway - Bikeway - Bikeway - Bikeway Parking Lot BArrier - BArrier - BArrier - BArrier - BArrier - BArrier - BArrier - BArrier Food Trucks Seating area Dumpster AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Entertainment License - LABBB Collaborative PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.5 SUMMARY: Category: Decision-Making LABBB Collaborative: LABBB Collaborative has requested an Entertainment License for the purpose of live bands during the Lexington Battle Green BBQ Festival on Saturday, May 17, 2025 from 12:00pm - 6:00pm & Sunday, May 18, 2025 from 12:00pm - 4:00pm at 0 Meriam Street/Depot Parking Lot. SUGGESTED MOTION: To approve an Entertainment License for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take place on Saturday, May 17, 2025 from 12:00pm - 6:00pm & Sunday, May 18, 2025 from 12:00pm - 4:00pm at 0 Meriam Street/Depot Parking Lot. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Sunday Entertainment License - LABBB Collaborative PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.4 SUMMARY: Category: Decision-Making LABBB Collaborative: LABBB Collaborative has requested a License for Public Entertainment on Sunday for the purpose of live bands during the Lexington Battle Green BBQ Festival on Sunday, May 18, 2025. The live musical performances will take place at the municipal parking lot behind the Depot Building, 0 Meriam Street from 12:00pm to 4:00pm. SUGGESTED MOTION: To approve a License for Public Entertainment on Sunday for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take place on Sunday, May 18, 2025 at the municipal parking lot behind the Depot Building, 0 Meriam Street from 12:00pm to 4:00pm. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Entertainment License - Friends of Lexington High School Wrestling Corp PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.5 SUMMARY: Category: Decision-Making The Friends of Lexington High School Wrestling Corp has submitted an application requesting approval for an Entertainment License for the purpose of music at their LexGiving 5k race for charity on Friday, November 28, 2025. The live DJ will be stationed on Lincoln Field and play from 8:15am - 10:00am. The race begins at 9:00am and the award ceremony will begin once all the participants are finished around 10;00am. All event cleanup will be completed by 1:00pm. SUGGESTED MOTION: 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 28, 2025 from 6:00am- 1:00pm with a live DJ in Lincoln Field, 52 Lincoln Street. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 ATTACHMENTS: Description Type LexGiving 5k Event Map Backup Material Portas Start/Finish Course start direction Reg Tents DJ/PA Start Queue AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Battle Green Use Request - United States Army Promotion Ceremony PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.3 SUMMARY: Category: Decision-Making Matthew Milikowsky is requesting permission to use the Lexington Battle Green for a United States Army Promotion Ceremony on Saturday, May 17, 2025, from 11:00am - 12:00pm. The ceremony will mark the promotion of a service member to Lieutenant Colonel. The event will take place near the Minute Man statue and is expected to have approximately 70 spectators and 3 participants (the promoted individual, an officiant, and a presiding officer). The setup will include approximately 40 folding chairs for older and younger attendees and a microphone, which will be used exclusively for the promotion orders, commissioning oath, and a brief speech by the promoted officer. No road closures on Massachusetts Avenue are required for this event. The Police Department, Department of Public Works, and Fire Department have reviewed the request and have no objections or concerns. SUGGESTED MOTION: Move to approve the request of Matthew Milikowsky to use the Lexington Battle Green near the Minute Man statue for a United States Army Promotion Ceremony on May 17, 2025, from 11:00am - 12:00pm. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Discovery Day Street Fair 2025 Request - Lexington Retailers Association PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.6 SUMMARY: Category: Decision-Making The Lexington Retailers Association (LRA) has requested permission from the Select Board for a Discovery Day Street Fair to be held on Saturday, May 24, 2025 from 10:00am to 3:00pm, with street closures and detours running from 6:00am to 5:00pm, in the following areas: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Depot Square & Emery Park; Muzzey Street, from Massachusetts Avenue to the first private driveway; Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street; and Visitor Center lawn. They also request permission from the Select Board for the following: To erect a temporary sign on Emery Park, starting May 10 and ending at the conclusion of the event; in the center business district, but outside of the event area, during the event; and at the Bike-path, in the area by the crossover behind 1775 Mass Ave, during the event. Provide free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. Please see the attached letter from the Lexington Retailers Association dated February 20, 2025. A copy of the letter was given to the Town Manager's Office to review the request for the use of the Visitors Center lawn, use of Emery Park, as well as the placement of temporary signs for event publicity in Emery Park and the Center Business District. The Police Department, Fire Department, and Department of Public Works have reviewed the request with no concerns. The Health Department will work with the applicant to provide the appropriate permitting for the food vendors/booths. SUGGESTED MOTION: To approve restricting vehicular access in the following areas for the 2025 Discovery Day Street Fair to be held on Saturday, May 25, 2024 from 6:00am to 5:00pm: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Depot Square; and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street. To approve permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. To approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. *and all approvals and locations are subject to modifications as may be required by Department of Public Works, Public Safety, Public Health, Engineering and/or Town Manager up to the time of the event. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 ATTACHMENTS: Description Type Discovery Day Request Letter 2025 Backup Material LEXINGTON RETAILERS ASSOCIATION 1780 Massachusetts Avenue 781 862-1034 February 20, 2025 Select Board, Town of Lexington: Douglas Lucente, Chair Joseph Pato Suzanne Barry Mark Sandeen Jill Hai Dear Board Members, The Lexington Retailers Association (LRA) requests permission to hold the annual Discovery Day street fair on parts of Massachusetts Avenue, Depot Square, Muzzey Street and adjacent sidewalks in Lexington Center. The event would be scheduled for Saturday May, 24 2025 from 10am – 3pm, with street closures and detours running from 6am – 5pm. In addition we request use of Emery Park and the Visitors Center lawn during the same time period. The event will have a similar format to the May 2025 event. We understand that both the Select Board and the Town Manager have permission granting jurisdiction, and we will work closely with town staff to submit all the applicable paperwork. We will work with the Economic Development Office and Police, Fire, Public Works, Engineering, and Health departments to ensure a safe event. We will continue to locate the “Beer Garden” in the LexPress bus stop and rear quadrant of Emery Park. The serving hours would be 11:30am – 3:30pm. We will be returning to you for a temporary liquor license. The event area would be: Massachusetts Avenue, from Waltham Street to Meriam Street; Depot Square & Emery Park; Muzzey Street, from Massachusetts Avenue to the first private driveway; Massachusetts Avenue north-side sidewalk, from Edison Way to Waltham Street; Visitors Center lawn. During the event, the LRA will be placing portable toilet facilities in the event area. We also want to work with the DPW to provide temporary bike racks for the event. For the purpose of event publicity, we request permission to erect temporary signs at the following locations: 1) on Emery Park, starting May 10 and ending at the conclusion of the event; 2) in the center business district, but outside of the event area, during the event; 3) at the Bike-path, in the area by the crossover behind 1775 Mass Ave, during the event. We also request permission to provide free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. The enclosed page is designed to address questions you may have about Discovery Day. Sincerely, Eric Michelson, President Lexington Retailers Association Q & A –Discovery Day 2025 - Saturday May 24 Q. What will occur during Discovery Day? A. Discovery Day is a street fair, sidewalk sale, live entertainment and a way to “discover” the great things that Lexington has to offer. Q. What is the schedule for the event? A. The following is a tentative schedule: 6 a.m. Close the main area along Mass Ave. to public vehicular traffic Participants begin set-up 10 a.m. Participants open to public 11:30 a.m. Beer Garden opens 3 p.m. Participants close to public Participants breakdown and cleanup 3:30 p.m. Beer Garden closes 5 p.m. Event area reopened to public vehicular traffic Q. Who will be allowed to participate? A. Lexington retail and service businesses; Lexington community organizations; and Town of Lexington departments and committees Q. What will occur at the street fair? The Participants will be allowed to conduct the following activities: Businesses - promote their businesses and sell merchandise Community organizations - promote their organization (fundraise with LRA approval) Town Departments/Committees – promote their groups (fundraise with LRA approval) In addition, the LRA will provide family oriented entertainment. This may include, but may not be limited to live music performances and live dancing performances. Q. What will the charges be to participate? A. Charges will be assessed to cover the expenses involved in promoting and implementing Discovery Day. Those expenses will include mailings, advertising, entertainment, rental costs, and town services, as examples. Businesses will be charged a set fee to participate. Lexington community organizations will be charged a highly discounted nominal fee, and Town of Lexington departments and committees will be allowed to participate for free. Q. What town services will be required? A. As in the past, we will work with the Police Department for detail officers required for street closures, detours, and security, and with the Fire Department for safety issues. In addition, the DPW assists with site set-up, recycling and rubbish bins, trash disposal and site cleanup. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Minutes PRESENTER: ITEM NUMBER: C.2 SUMMARY: Category: Decision-Making The Select Board is being asked to approve the following set of minutes: February 14, 2025 Select Board February 24, 2025 Select Board SUGGESTED MOTION: To approve and release the following minutes: February 14, 2025 Select Board February 24, 2025 Select Board FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 ATTACHMENTS: Description Type DRAFT Select Board 02142025 minutes Backup Material DRAFT Select Board 02242025 minutes Backup Material SELECT BOARD MEETING Friday, February 14, 2025 A meeting of the Lexington Select Board was called to order at 9:00a.m. on Friday, February 14, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Barry, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letters – Sam Beebee & Joshua Liu To approve and sign a letters of commendation congratulating Sam Beebee and Joshua Liu of Boy Scout Troop 160 for attaining the highest rank of Eagle in scouting. DOCUMENTS: Eagle Letter - Sam Beebee, Eagle Letter - Joshua Liu VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. SELECT BOARD WORK SESSION - Senior Tax Relief Program Discussion Dana Bickelman, Human Services Director, made a presentation on solutions and suggestions for the proposed Senior Tax Relief Program.She explained that some of the suggestions include increasing the maximum earnings for the Property Work-Off Program. This would raise the maximum earnings for the program to $2.000 which other municipalities have done. Currently, Lexington is capped at $1,755 and that cap could be adjusted to match or to exceed the new limit. This would provide participants with greater tax relief and offer a meaningful opportunity for increased financial support. The other suggestion is to update the income eligibility limits for the Property Work-Off Program to better align with the Massachusetts threshold for the 2024 tax year. The updated limits would be $72,000 for single filers who are not heads of household, $91,000 for heads of household, and $109,000 for married couples filing jointly. Mr. Pato noted that, regarding the proposal to increase the threshold for income limits, at the 2023 Annual Town Meeting, the Town tied the qualifications for tax deferrals to the income limits for the Mass Circuit Breaker, and it would be appropriate to do the same thing for this request. Also, the Governor's Municipal Empowerment Act, which is currently before the legislature, includes a section for a means-tested residential exemption for property taxes for seniors. This would provide a statewide program that does not currently today which would allow those seniors in need to receive the exemption. It would behoove everyone to call their legislators to express how important this section is. Mr. Sandeen suggested that the Lexington Select Board’s Residential Exemption Policy Study Committee Report, issued in April 2019, be reviewed. Ms. Barry suggested that the Board could empower a group of individuals who could be trained with the help of Town Staff to help spread the word in the community. DOCUMENTS: Senior Tax Relief programs 2. Waste Reduction Task Force Update Maggie Peard, Sustainability and Resilience Officer, explained that, following the completion of a Zero Waste Plan and a graduate student research project that made recommendations on the future of Lexington’s waste collection system, the Waste Reduction Task Force has been meeting regularly to discuss changes to the waste collection system that would protect the Town from rising waste costs and protect the environment through waste reduction. The Task Force is ready to propose a series of steps the Town could take to reduce waste and save money, along with an implementation timeline. The Task Force is seeking feedback from the Board on the proposal and for direction on how to proceed. The three main strategies the Task Force is putting forth include continuing to grow the curbside program for composting to be a Town-wide program, moving to automated collection and a hybrid pay-as-you- throw system, and establishing fees for bulky items. This year, the Task Force would like to consider reviewing the Town’s waste regulations, exploring fees for bulky items, and potentially looking into the trash bin limit. Lexington currently has a bin limit of six bins, which is far more than any other community, and which is limiting some of the Town’s ability to get grants from Mass DEP. Next year, the Task Force would like to look into the goal of moving to standardized waste bins and automated collection and comparing this with this hybrid pay-as-you-throw suggestion. This move would require bringing an amendment to Town Meeting. Dave Pinsonnault, Director of Public Works, noted that the costs for trash and recycling, both collection and disposal, continue to rise. Also, DEP continues to put bans on certain things from going into the trash, which leads to an additional fee for disposal of those items. Mr. Pato explained that this is not an attempt to transfer the burden of the Town reducing its waste. It is an attempt to create incentives that are individually monitorable, so that the total cost either goes down or is contained. Ms. Barry suggested translating the information on this topic into different languages for ease of public engagement. She also suggested an app, similar to a Lex Trash app. She asked about the current contract with the hauler. Mr. Pinsonnault stated that this is a five-year contract, and the Town is moving into year three. This hauler has the capacity for automatic pickup, if agreed to by the Town in the future. There may be an additional fee to the Town if this type of pickup is moved towards. DOCUMENTS: Waste Reduction Strategy Memo 3 Vote on the FY2026 Budget Recommendation Carolyn Kosnoff, Assistant Town Manager for Finance, explained that the request is for the Select Board's approval of the FY2026 Recommended Budget and Financing Plan as proposed by the Town Manager (the Brown Book). The Preliminary Budget (White Book) was released on January 24th and presented to the Board at Budget Summit III on January 30th. This proposed budget maintains the same Revenue estimates and Operating Expenses presented at the White Book Summit, and staff have incorporated just one change to the Capital budget. As discussed during Summit III, the appropriation of $2,000,000 from the General Fund for the Harrington Field project will be deferred until after the Debt Exclusion vote for the High School in the Fall of 2025. This amount is shown as a set-aside in the "Other" section of the Program Summary and is not incorporated into the list of Capital Projects as it will likely be deferred until the 2026 Annual Town Meeting. This budget still proposes to appropriate $1,197,904 in CPA funds for the Harrington Field project at the upcoming Annual Town Meeting. It should be noted that, when presented at Town Meeting, the Public Works budget will include the Shared Expense of $112,128 for Municipal and School Refuse and Recycling costs and the one-time expense of $200,000 for removal of hazard trees (this amount will not carry forward to future budgets). Lastly, the Town's final free cash estimate has not been certified by the Department of Revenue as of publication. The final certified number is expected to be available within the week and before the budget is voted by Town Meeting. Management expects to add any additional free cash to the "Unallocated" line item in the budget which will not change any of the expense appropriations proposed this evening. Surplus free cash will carry forward into the next fiscal year. Ms. Kosnoff noted that this version of the Brown Book had 10% placeholders for the MWRA water and sewer. The MWRA just released their preliminary assessments, although the final numbers will not be released until June. The program summary has been updated with the newly released assessments, which shows a proposed water increase of 2.6% over last year, and a sewer increase of 2.3%. The excess will be placed into the unallocated amount to be used in the next fiscal year. Also, this morning the Department of Revenue certified the Town’s free cash. Mr. Lucente stated that he fully supports this balanced budget as presented. However, he would like to recognize that he has continued reservations and concerns about the High School project. Patrick Mehr, 31 Woodcliffe Road, noted that 80% of the budget is going toward the Schools. He stated that he would like to make sure this amount is being reviewed as highly in detail as the nickel and diming that is being done to the municipal side. Deepika Sawhney, Town Meeting Member Precinct 6, School Committee Member and Finance Subcommittee Chair for the Schools, stated that she believes going into operating overrides, given the affluence of the town and the amount of funds it generates annually, is sloppy management. The Town can live within its means. This may mean paring back on some on both sides and reducing what each resident consumes in terms of services. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the FY2026 Recommended Budget and Financing Plan as shown in Column D of the Program Summary and authorize staff to make non-substantive changes in preparing and finalizing the full Brown Book. DOCUMENTS: FY2026 Recommended Budget & Financing Plan 4. Presentation - 2025 ATM Warrant Article - Local Voting Rights for Lawful Permanent Residents (Citizen Petition) Nathalie Huitema presented an overview about the article that is being brought to Annual Town Meeting. She explained that this proposal is to advocate for the local voting rights of Green Card holders or lawful permanent residents. Mr. Lucente suggested that any potential budget implications for this proposal be made clear. Ms. Huitema stated that she spoke with the Town Clerk who estimated that the cost of training on this item would be approximately $2,000-$3,000 and the cost for ballot adjustments would be approximately $200- $300. Mr. Pato explained that there are approximately five communities in Massachusetts that have petitioned the legislature for this capability; none of which have moved forward. He stated that he believes Town Meeting should discuss moving this to the legislature to indicate there are more communities that believe all people should have that equal representation for local issues. DOCUMENTS: Art 26 LOCAL VOTING RIGHTS FOR LAWFUL PERMANENT RESIDENTS (Citizen Petition), Art 26 Presentation 5. Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions The Board members discussed their positions on the Articles. Regarding Article 26, Ms. Hai, Mr. Sandeen, and Mr. Pato were all ‘yeses.’ Mr. Lucente was a ‘wait.’ Regarding Article 5, all four Board members were ‘yeses.’ For Article 6, all four Board members were ‘yeses.’ Regarding Article 28, Mr. Lucente and Mr. Pato were ‘yeses,’ and Mr. Sandeen and Ms. Hai were ‘waits.’ For the Cary Lecture Series, under Article 2, all four Board members were ‘yeses.’ DOCUMENTS: Art 28 revised motion 2.5 2pm, Art 23 Vine St motion, Art 23 Vine St memo presentation, Art 27 16 yo voting motion. 2.13.25, Select Board Working Document - Positions 2025ATM 6. Approve Conservation Restriction - Busa Farm Lowell Street Carol Kowlaski, Assistant Town Manager for Development, explained that the Busa Farm Conservation Restriction has been in process since 2014. The Conservation Restriction has been updated with the following: change “Board of Selectmen” to “Select Board” throughout, add to section III. B. 14, Allowable New Structures, an allowance for up to 9,000 square feet of growing structures that are not buildings, in addition to the 1,500 square feet allowed for additional buildings, add to Active Outdoor Recreation, section III. B.18 a. ii the Board’s requested phrase “which shall not be unreasonably withheld”, change a signatory for the grantee to the grantee’s new Treasurer’s name The Board is being asked to approve the updated Busa Farm Conservation Restriction for execution. Pamela Tames, 26 Bertwell Road, acknowledged the tireless efforts by Ms. Kowalski and her team, and the citizens of Lexington Conservation, who will serve as the grantee of the land. She noted that drafting a conservation restriction for a working farm is far different than for open land. The team understood those differences and are making it possible for this farm to continue to serve as a community resource in Lexington. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the updated Conservation Restriction for Busa Farm Lowell Street for execution DOCUMENTS: Memo to Select Board revised Busa Conservation Restriction, Conservation Restriction - Busa Farm 7. Vote of Approval for Draft Bill HD4384 - An Act authorizing the Town of Lexington Ten Additional Licenses for the Sale of Wine and Malt Beverages Mr. Bartha explained that the Board is being asked to take a formal vote in support of House Bill HD.4384, An Act Authorizing the Town of Lexington Ten Additional Licenses for the Sale of Wine and Malt Beverages, as written and to provide said vote as a supportive document to the Legislative Petitioner, Representative Michelle Ciccolo, as she takes this Bill through the 2025 Legislative processes. Ms. Iyer explained that this request includes a fourth location, and it also specifies Article 34’s overlay district map, dated March 24, 2023. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to vote in support of draft Bill HD.4384, An Act authorizing the Town of Lexington Ten Additional Licenses for the Sale of Wine and Malt Beverages, written and filed in the House on February 7, 2025. DOCUMENTS: Draft Bill HD4384 8. Discuss Means of Publication Jonas Miller, Director of Communications, explained that, with the passage of House Bill 4560 (Print- Free Digital Legal Notices in Lexington) in January 2025, staff began reviewing various new options available to the Town as a result of the law and is looking for feedback and guidance from the Board as options become recommendations. He explained that, currently public hearing notices are sent to the Town Clerk's Office. The onus is on the person or group holding the hearing to submit that notice in a timely manner. Once submitted to the Town Clerk's Office, this is posted to the Town website in two wats. First, this is posted as an agenda onto the public meeting calendar and, separately, to the calendar as an agenda item. It is currently a bit difficult to access the public hearing notices and there may be other efficiencies to consider. Mary De Alderete, Town Clerk, explained that this is a wonderful opportunity to use the website to get information to the public. It is imperative that this information is kept up to date and that people can find the information effectively. Mr. Pato noted that the intention as voted at Town Meeting was that there would be two mechanisms enabled, one of those being the Town website, and a second one, which could be another statewide website, or one of four different categories. Ms. De Alderete stated that she believes there is a statewide website to which postings could possibly uploaded to. Mr. Sandeen asked that priority be given to a local publication over a statewide website. Mr. Pato agreed that the Board should encourage engagement with a local media outlet, while still satisfying its requirements by using the two governmental organizations. Ms. Barry exited the meeting at 11:34a.m. DOCUMENTS: Print-Free Digital Legal Notices (Lexington) 9. Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and Positions Mr. Lucente noted that the Board is waiting to hear the Planning Board’s report on this item. DOCUMENTS: Art 2 STM Reduce MBTA motion 1.22.25 ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to adjourn at 11:55a.m. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Monday, February 24, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, February 24, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Barry, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Judy Crocker, 5 Currier Court, stated that she is a proud member of the Witness to the 1775 Banner project. Of the hundreds of original structures in Lexington in 1775, only 24 still exist. For those 24 different structures, the project is proposing to put out a banner for property owners that are willing. This project is donor and volunteer supported. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports The Board acknowledged Ms. Barry in her last meeting and thanked her for her ten years of service and contributions. DOCUMENTS: Liaison Report TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that, in the last couple weeks, he has had a chance to sit with the Human Services staff, Public Facility staff, the supervisors, and DPW. He also had a recent business visit with Ms. Iyer. DOCUMENTS: 2/7/25, 2A Speed Study Letter, 2/14/25, Flyer, 2-21-25 Weekly TM Update CONSENT AGENDA 1. Approve: One-Day Liquor License – Lexington Chamber of Commerce Lex250 Gala - March 6, 2025, from 6:30 - 9:00 pm To approve a One-Day Liquor License for the Lexington Chamber of Commerce, 10 Pleasant Street, to serve beer and wine from 6:30 pm to 9:00 pm on Thursday, March 6, 2025, for the Lex250 Gala. 2. Approve: One-Day Liquor Licenses – Spectacle Management, Inc., 1605 Massachusetts Avenue Concert Series at Cary Memorial Building: o May 2, 2025 - Lyle Lovett o May 9, 2025 - Al Stewart To approve two One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their concert series on the following dates 6:00 pm - 10:00 pm: o May 2, 2025 - Lyle Lovett o May 9, 2025 - Al Stewart 3. Approve: Battle Green Use Request – Air Force Retirement Ceremony Air Force Retirement Ceremony. To approve the request of Kathryne Friess to use the Battle Green on Tuesday, June 17, 2025, from 12:00pm to 3:00pm for the purpose of conducting an Air Force Retirement Ceremony for a 2 Star General to be held near the Minuteman Statue. 4. Approve: Battle Green Permit – National Daughters of the American Revolution (NSDAR) - Wreath Laying Tuesday, April 15, 2025, from 2:00 - 4:00 pm Motion to approve the request for the National Society Daughters of the American Revolution to place a wreath at the Revolutionary War Monument obelisk on the Battle Green followed by the Lexington Minute Men doing a firing of muskets for a volley and salute on Tuesday, April 15, 2025, from 2:00 - 4:00 pm. 5. Approve: Battle Green Use Request – Lexington Minute Men – Filming of a News Segment Tuesday, March 4, 2025, from 9:00 am - 12:00 pm To approve the request of the Lexington Minute Men to use the Battle Green on Tuesday, March 4, 2025, to film a Channel 5 News segment between 9:00am to 12:00pm. 6. Amend: Battle Green Use Request – Lexington Minute Men - 18th Century Military Drill Revised Request for March 1, 2025, from 11:00 am - 4:00 pm To approve the request from Lexington Minute Men to add the use of a cannon on their Battle Green Use permit for the purpose of the '18th Century Military Drill' event on Saturday, March 1, 2025, between 11:00am to 4:00pm. 7. Approve: Select Board Minutes To approve and release the following minutes: January 27, 2025, Select Board; January 30, 2025, Summit and February 3, 2025, Select Board DOCUMENTS: DRAFT 01272025 Select Board Minutes, DRAFT 01302025-FinanceSummit Minutes, DRAFT 02032025 Select Board Minutes 8. Accept Select Board Committee Resignation Historic Districts Commission - Robert W. Adams, Associate Member To accept the resignation of Robert W. Adams from the Historic Districts Commission, effective immediately. DOCUMENTS: Robert Adams Resignation - Redacted 9. Water and Sewer Commitments and Adjustments To approve Water & Sewer Commitments Cycle 9 December 2024 $ 286,776.44; Water & Sewer Commitments Finals December 2024 $ 4,272.36 and Water & Sewer adjustments per WSAB January 9, 2025 ($ 40,537.83) DOCUMENTS: 4053783, 427236, 286776.44 10. Approve Amended Lexington Human Rights Committee Charge and Amend Appointments To approve the amended Lexington Human Rights Committee charge and amend the appointments accordingly. DOCUMENTS: LHRC - Lexington Human Rights Committee Charge - 02-24-2025, Updated Lexington Human Rights Committee Charge- Redlined VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Hearing - Restaurant All Alcohol Liquor License Application - 27 Waltham Street - PARC Restaurant Group Lex, d/b/a Post 1917 Mr. Lucente opened the hearing at 6:42pm. Mr. Lucente explained that PARC Restaurant Group Lex, d/b/a Post 1917 has submitted all the necessary paperwork requesting a new restaurant all alcohol liquor license to serve alcohol, within the allowable hours under the Select Board Alcohol Regulations for Restaurants, at their restaurant Post 1917 located at 27 Waltham Street. The legal notice was published in the February 13, 2025, Lexington Minuteman newspaper and the abutters were noticed by the applicant as required. The restaurant floor plan is included in the Liquor License application. Building, Zoning and Health Departments have reviewed this application and have no objections to the Liquor License application. The applicant must obtain all required municipal permits for the restaurant. The restaurant is currently undergoing renovations and is not yet open. PARC Restaurant Group Lex, d/b/a Post 1917 will be applying for the required common victualler license. That application will be on a future Select Board meeting for approval. Attorney AJ Capano, representing Jason Carron (owner) and PARC Restaurant Group Lex, explained that the concept for the Lexington location will mirror that of the existing Reading location, an urbane, sophisticated steakhouse that blends elegance with a dynamic atmosphere. The approximately 9,000 s.f. restaurant can seat up to 240 guests between the lower level and the first floor. The intention is to open in time for the 250th anniversary of the Battle of Lexington on April 19th. The owner has a strict adherence to alcohol policies, including comprehensive staff training. Jim Shaw, speaking as the Chair of the Board of Directors for the Chamber of Commerce, expressed support for this proposal and urged the Board to approve the application. Mr. Lucente closed the hearing at 6:50pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the application from PARC Restaurant Group Lex, d/b/a Post 1917 located at 27 Waltham Street for a Restaurant All-Alcohol Liquor License for 7 days/week 11:00am-12:00 midnight, with Jason Carron as Manager on Record for the liquor license and, once the application has also been approved by the ABCC, issue a Restaurant All-Alcohol Liquor License to PARC Restaurant Group Lex, d/b/a Post 1917 at 27 Waltham Street. DOCUMENTS: Liquor License Application, Copy of Post 1917 Restaurant's Alcohol Policies and Procedures 2. Hearing - Verizon Grant of Location Petition - Push-Brace on the Pole located on corner of Fletcher Ave and Hayes Lane Mr. Lucente opened the hearing at 6:51pm. Mr. Lucente explained that this is a hearing for the request from VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY requesting permission to erect and maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and other such sustaining and protecting fixtures as said Companies may, as requested in petition of said Companies dated the 24th day of January, 2025 under the following public way or ways of Lexington: Fletcher Avenue: Install one (1) Push-Brace attached to existing pole, P.13, on the southerly side of Fletcher Avenue to support the pole line and accommodate new construction at 33 Hayes Lane. The Engineering Department reviewed the request and had no objections to work being done in the right of way. Abutters notices were mailed as required. Mr. Sandeen stated that, regarding pole 12, there is a tree leaning on it with a line coming down between the poles. He asked if the intention is to replace this pole. Stacey Manseau, Pike Corporation, agreed that the intention is to remedy this situation. Ms. Hai asked about the proposed push brace. Ms. Manseau explained that this will be a permanent attachment to pole 13. It will attach to pole 13 at approximately 23’ high on the pole and come down at an angle into the earth. This will support the existing cables for both Eversource and Verizon which come down. Fletcher Ave towards Hayes Lane. Patrick Mehr, 31 Woodcliffe Road, expressed amazement at how much time the Board spends on this type of project and asked if a separate committee could review these items in depth. There are hundreds of double poles already in Town which are illegal after 90 days. He asked who keeps track of this. Mr. Lucente explained that the Board has more recently changed its policy to not approve double poles, though is legally limited in what it can do in some cases. Mr. Lucente closed the hearing at 7:05pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a Grant of Location Verizon New England Inc. and Nstar Electric Company d/b/a Eversource Energy for permission to erect and maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and other such sustaining and protecting fixtures as said Companies may deem necessary, as requested in petition of said Companies dated the 24th day of January, 2025 in the following public way or ways of Lexington: Fletcher Avenue: Install one (1) Push-Brace attached to existing pole, P.13, on the southerly side of Fletcher; this Grant of Location is contingent upon Verizon's commitment to replace poll number 12 as scheduled. DOCUMENTS: Grant of Location Petition 3. Approve Sale of Bond Anticipation Notes Carolyn Kosnoff, Assistant Town Manager for Finance, explained that, on Wednesday, February 19, 2025, the Town sold $1,195,810 of general obligation bond anticipation notes. The notes were issued as a one-year roll-forward of the notes issued in September 2024 and, given the small size of this issue, the Town did not solicit a credit rating. These notes continue to finance water and sewer capital projects, the ongoing design work for Lexington High School, and infrastructure improvements in the Hartwell/Route 4/225 area, all of which are expected to be long-term financed in February 2026. The Town received four bids, with the low bidder being Fidelity Capital Markets whose net interest cost (NIC) of 2.85% included a premium of $13,763.77. The Town’s most recent bond rating is AAA. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0: We hereby determine, in accordance with G.L. c. 70B, that the cost of the Lexington High School feasibility study project authorized by vote of the Town passed on April 11, 2022 (Article 2) being financed with proceeds of a portion of the Notes defined below, together with all other bonds and notes of the Town previously issued to pay costs of this project, does not exceed the portion of the total cost of the project that is not being paid by the school facilities grant and we hereby approve the issuance of notes and bonds to finance this project under G.L. c. 70B. And further: to approve the sale of $1,195,810 4.00 percent General Obligation Bond Anticipation Notes (the “Notes”) of the Town dated February 28, 2025, and payable February 27, 2026, to Fidelity Capital Markets, a Division of National Financial Services LLC at par and accrued interest, if any, plus a premium of $13,763.77. And further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 11, 2025, and a final Official Statement dated February 19, 2025, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time. And further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with relevant securities laws. And further: that any certificates or documents relating to the Notes (collectively, the “Documents”), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. DOCUMENTS: BANSaleResults, BANPurposes, Bond Anticipation Note, No Litigation Statement, Tax Certificate, Significant Events Disclosure 4. Update - 2025 ATM Warrant Article 8 - Appropriate Funding to Construct a Playground at Fletcher Park (Citizen Petition) to be IP'd Jayne Shapiro explained that she submitted a citizen petition to have the Town vote for appropriating a sum of money for a playground at Fletcher Park. She has since learned that a citizen petition may not be the best step to take to put this in front of the Town. She still believes that a park in this area would be a wonderful idea for families, children, and the community. She will work to pursue this through different paths. Mr. Lucente suggested that Ms. Shapiro bring her ideas to the Recreation Committee. DOCUMENTS: Art 8 Fletcher playground motion (IP), Original Presentation Information - (Article to be IP'd) 5. Presentation - 2025 ATM Warrant Article 27 - Allow 16 Year olds Voting Rights in Municipal Elections (Citizen Petition) Kunal Botla explained that there was previously concern regarding the mechanism to allow this. Since that time, a number of town clerks have found that there is likely a way to use the existing voter rolls of the pre-registration system along with accommodations from the Secretary of the Commonwealth. He has heard concerns from citizens that this could be construed as an extra vote for parents, however most 16 and 17-year olds are quite independent and would not like to have ballots filled out on their behalf. Also, in his research, it appears that 16 and 17-year olds are able to make the long-term considerations needed in order to vote in this manner. Mr. Lucente stated that he believes there is some merit to this proposal. Mr. Pato noted that enfranchising older teenagers leads to a much likelier future history of voting. The United States has a habit of low voter turnout and so creating more incentives and habits around voting are good things. He does not have great hope for this proposal in the legislature but applauds the effort. DOCUMENTS: Art 27 allow 16 yo to vote motion, Article 27 Presentation 6. Presentation - 2025 ATM Warrant Article 25 - Amendment to Town Meeting Management Provisions in Town Bylaws (Citizen Petition) Bridger McGaw explained that this is an effort to refer back to the governance document, Town Meeting Time, which states that a 2/3 majority is needed in order to close debate, not a majority. Currently, the bylaws do not explicitly state what the vote is, which means that it is a majority vote. The recommendation is to explicitly state that a motion to close debate has to have a 2/3 vote to pass. Robert's Rules of Parliamentary Practice is currently referenced in the Town bylaws, but it has not actually been used. It is recommended, in consultation with the Town Moderator, to update the language to accurately reflect that Town Meeting Time. is being used. Mr. Lucente stated that there have been some situations over the last couple years where debate ended, and people were very frustrated. He would like to make sure that this proposal is not a reaction to that and instead will put the Town in line with the norm. Mr. Pato expressed a slight reservation that, by requiring two thirds there can be a relatively small minority who may decide to keep debate going until everyone is too tired to continue. However, there is recourse in moving the motion and coming back another night. DOCUMENTS: Presentation Article 25 7. Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions The Board discussed Article 2 and a formal report to Town Meeting from the Board. There was agreement that drafting a formal report would be a good idea. The Board reviewed its positions for 2025 Town Meeting. Regarding Article 25, Mr. Pato and Mr. Sandeen were ‘yeses,’ Ms. Hai and Mr. Lucente were ‘waits. All four Board members were ‘yeses’ regarding Article 27. DOCUMENTS: Select Board Working Document - Positions 2025ATM 8. Hearing for Liquor License Compliance Check Violation – Second Violation Ixtapa Mr. Lucente opened the public hearing at 8:00pm. Mr. Lucente explained that, on Tuesday, December 17, 2024, Alcohol Compliance Checks were conducted by the Lexington Police Department on establishments in Lexington that sell or serve alcoholic beverages. During this compliance check an incident of serving alcohol to an underage person occurred at Ixtapa Restaurant. The Officers indicated that there would be a follow up from the Select Board to the incident. This is the second offense for Ixtapa Restaurant within three years. The previous violation occurred on August 14, 2024. Sale or service of alcohol to underage persons is a violation of Massachusetts General Laws and the Lexington Alcohol Licensing Board. The Lexington Select Board and Police Department share with business owners/manager and members of the Lexington community, the common goal of consistent responsible sales of alcohol. In accordance with the Select Board Alcoholic Beverages Enforcement Regulation, the following courses of action are taken upon violations occurring within three years: First offense – written warning placed in the licensing file and required training for personnel; Second offense – hearing before the Select Board to determine a course of action. Jose Brambila, Ixtapa Restaurant Owner and Manager on Record on the Liquor License, was informed that for Ixtapa's second offense he must attend this hearing before the Select Board. He was instructed to provide to the Select Board Office, prior to the meeting, copies of the Alcohol Training certificates showing that all wait staff and managers have been trained in alcohol awareness. Mr. Brambila stated that the two employees that committed the offense were new employees but did have their certificates. He has helped the employees with reviews of procedures and these reviews will continue. Originally, the employees were going to be fired, but the person requested a second chance. Management will be more diligent in overseeing the business. He apologized for the offenses. The business has been operating for 20 years, without issue prior to these offenses. Mr. Lucente noted that a third offense would put the liquor license for the business in jeopardy. Ms. Katzenback explained that the Board's regulations do not specify specific actions the Board must take for second and third violation. It is under the Board’s purview to decide. She did not uncover a third violation in the Town’s historical references for an example, but the proposal was based on two previous historical incidents in Lexington. Mr. Sandeen asked if the second server for the violation on December 17th was an employee on August 14th, when the first violation occurred.Mr. Brambila stated that the second server was not employed at the time the first violation occurred. Mr. Lucente closed the hearing at 8:15pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to suspend the restaurant liquor license of Ixtapa Restaurant for a period of three (3) days, with two (2) days put in abeyance unless there is another violation within one year, then the number of days suspension will be doubled. Further that the one (1)-day liquor suspension will be served on the same day of the week as the violation occurred (Tuesday), and this shall be acted upon before March 31, 2025. DOCUMENTS: 2nd Offense Letter to Ixtapa, Police Incident Report details of Ixtapa 1st Violation and 2nd Violation events, Selelct Board Alcohol Enforcement Regulations 9. Proclamation: Lexington Historical Society Mr. Lucente explained that a request was received from the Historical Society seeking approval of a proclamation recognizing the Lexington Historical Society for its role in supporting the observance of the 250th anniversary of the Battle of Lexington. The proclamation acknowledges the Society’s efforts in organizing community events, exhibitions, and the opening of the renovated Depot museum, which will contribute to the Town’s Semiquincentennial celebrations. Ms. Hai expressed gratitude to the Historical Society but expressed concern with the language in the proclamation that the Lexington Historical Society is presenting the preponderance of events and interpretations for residents and visitors. This feels slightly dismissive of other groups who contributed to the events. She suggested that the language could note the Historical Society as a key partner and presenter. There was agreement on the Board regarding the suggestion. Judy Crocker, Lexington Historical Society, agreed that it takes a village to put on any of the events. The Society is custodians of five historic structures in Lexington and handles Paul Revere’s Ride. This is all done as a collaboration with others in Town. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve and sign the proclamation recognizing the Lexington Historical Society's trained members as ambassadors to the Town’s commemoration of the 250th anniversary of the Battle of Lexington, as amended. DOCUMENTS: 2025 Historical Society Ambassadors Proclamation 10. Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and Positions There was discussion regarding Article 2 and the evaluation of Section 7.5 through a transparent process for the Town. The Board discussed putting together a broadly representative community engagement process. Discussion should also include what kind of support the Town could receive from the State level in order to address the infrastructure issues that are being raised. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 8:37pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Battle Green Use Request - Drone Use on April 5, 2025 PRESENTER: Board Discussion ITEM NUMBER: I.1 SUMMARY: NBC 10 News respectfully requests permission to fly a drone over the Battle Green during the Saturday, April 5, 2025 dress rehearsal of the Lexington Minute Men's reenactment of the Battle of Lexington, with a rain date of April 6, 2025. NBC 10 plans to have an NBC photographer and a spotter on location that day to capture aerial images of the rehearsal. Both the pilot and the spotter are Part 107 certified. NBC 10 will have the necessary FAA permissions in place before the event. They will also follow all weather advisories and cancel the flight if the weather does not meet flight requirements. In accordance with the Battle Green Use Regulation, flying a drone over the Battle Green is an impermissible activity. As this is a unique request than those previously approved in the past by the Town Manager/designated staff, Select Board review and approval is being sought for this request. Police and Fire have reviewed this request and do not have any objections. Police stated that the drones cannot be flown over public ways, as such, the drone cannot be flown over Bedford Street to the Battle Green or over Harrington Road. NBC 10 has confirmed the drone will only be flown over the Battle Green itself. Nate Isenor, NBC 10 Boston Assistant News Director, will be available to answer any questions the Board may have. SUGGESTED MOTION: Move to (approve / not approve ) NBC 10 News' request to fly a drone over the Lexington Battle Green on the Saturday, April 5, 2025 dress rehearsal of the Lexington Minute Men's reenactment of the Battle of Lexington, from approximately 2:00 - 4:00pm, with a rain date April 6, 2025, of pending NBC 10 having supplied a copy of the required FAA authorization prior to the event. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 6:40pm ATTACHMENTS: Description Type Request Letter to fly Drone over Battle Green Backup Material Batlle Green Use Regulations Backup Material 1 - BOARD OF SELECTMEN REGULATION USE OF THE BATTLE GREEN Date Approved by BOS: Signature of Chair: November 19, 2018 Suzanne E.Barry The following rules and regulations have been adopted in accordance with the Code of the Town of Lexington, Chapter 100-10, as amended. Any otherwise legal activities not explicitly prohibited by these regulations, including the gathering of groups on the Battle Green for the sole purpose of exploring its history and which do not remain for more than four hours, are allowed. If these regulations, or portions thereof, conflict with the Code, the Code shall take precedence. 1. Definitions a. "Audio device" means any electronic or amplified radio, television set, computer, telephone, electronic music player, musical instrument, or other device that produces sound. b. “Battle Green Reenactment Organization” is a chartered group, dedicated to the reenactment of the events that occurred on the Battle Green on April 19, 1775, using historically accurate period appropriate weapons and costumes. c. "Compromised turf" shall mean any condition that would make the Battle Green vulnerable to excessive damage by heavy wear or use; for example, heavy rains, reseeding, and drought conditions. d. "Disorderly conduct" means any action intended to cause inconvenience, annoyance or alarm, or which recklessly creates a risk thereof; which includes, but is not necessarily limited to, fighting, threatening or violent behavior; unreasonable noise; abusive language directed toward any person present; wrestling in vicinity of others; throwing of breakable objects; malicious throwing of dangerous objects or stones; open fires, burning objects or spitting. e. "Powerless flight" means any device used to carry persons or objects through the air; for example, sailplanes, gliders, balloons, body kites, hang gliders. f. "Public use limit" means the maximum number of people or the amount, size, or type of equipment permitted on the Battle Green at one time, as established by the Board of Selectmen. g. “Responsible Party” is a person filing an application for a permit for an activity on the Battle Green, who shall be responsible for compliance with these rules and regulations. h. "Special event" means demonstrating, picketing, speechmaking, marching, holding of vigils, and all other similar forms of conduct which involve the active communication or expression of opinions or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers. 2 - i. “Weapon” is an instrument or device that can inflict serious bodily injury and includes but is not limited to: firearms, rifles, shotguns and antiques as defined by MGL Chapter 140, §121; air rifles and BB-guns as regulated by MGL Chapter 269, §12B; paintball guns; edged weapons; explosive material or devices; muskets and weapons that discharge an arrow or bolt. 2. Permit Required Activities a. The purpose for requiring permits for certain activities is to promote the use of the Battle Green in a manner consistent with its nature and history; to protect the Battle Green from harm; to ensure adequate notice of the event so that arrangements can be made to protect the public health and safety and to minimize interference with the event by the public. b. Permits are required for any of the following activities, singly or in combination: i. Any group activity reasonably likely to exceed the public use limit established by the Board of Selectmen. ii. Special events, public meetings, assemblies, gatherings, demonstrations, parades and other similar activities, not to exceed four hours in duration. iii. Pageants, reenactments, entertainments or other public spectator attractions. iv. Structures and/or signs in connection with special events and limited in duration to the period required for such events. v. Use of public address systems, electrical lighting, or other electrical or amplified devices. vi. Distribution of non-commercial printed matter. vii. Possession and/or use of unconcealed weapons, in compliance with all federal, state and local laws, at events conforming to the following: a) Events and ceremonies conducted by United States Armed Forces and/or law enforcement agencies; b) Reenactments of the events on the Battle Green on April 19, 1775, honor guard ceremonies or related activities conducted by a Battle Green Reenactment Organization; and c) The applicant shall provide evidence of training and competency in the display and use of such weapons to the satisfaction of the Board of Selectmen. viii. Use or possession of fireworks or firecrackers. ix. Planting of any trees/plants. x. Parked or moving vehicles on any grassy areas, except those necessary for Town maintenance activities. xi. Use of powered models. 3. Impermissible Activities The following activities are strictly prohibited: a. Destruction, injury, defacement, removal, or disturbance of any building, sign, equipment, monument, statue, marker, animal or plant. 3 - b. Distribution or display of commercial advertising; or soliciting of business; or any other commercial transactions. c. Remaining on the Battle Green for more than four hours. d. Abandonment of any vehicle or personal property. e. Unreasonably loud operation of audio devices. f. Delivery of any person or thing by parachute or helicopter. g. Powerless flight activities. h. Operation, launching, or landing of an Unmanned Aerial System (UAS) or drone aircraft, except for emergency landings, unless authorized by municipal staff as designated by the Town Manager. i. Disorderly conduct. j. Use or display of unconcealed weapons, except as provided in 2b. k. Use of metal detecting devices. l. Gambling of any form or operation of gambling devices. m. Picnicking in groups exceeding seven people. n. Consumption of alcoholic beverages, marijuana, or use of unlawful substances. o. Use of rollerblades, scooters and skateboards. p. Placement on the Battle Green of any unattended structure or commemorative planting of any trees/plants by a private party. q. Posting signs on poles including telephone or light poles. r. Climbing on the Minuteman Statue, Hayes Fountain, its base, or any public monument or structure. s. Bicycle riding. t. Use of grills, open flames or any other type of cooking devices. u. Placement of portable restrooms. 4. Permit Process a. Application for permit to conduct activities on the Battle Green, specified in 2, above, shall be filed no later than two weeks prior to the requested date. Late and/or incomplete applications will be considered at the discretion of the Board of Selectmen. b. Permit applications shall include the following information: i. Name and phone number of the Responsible Party to serve as contact ii. Date and time of event. iii. Nature of event. iv. Expected number of participants, spectators, and vehicles. v. Duration of event. vi. Statement of equipment and facilities to be used. vii. Section of the Battle Green desired. c. The Responsible Party is to keep the permit, a copy of which must be available for inspection upon request. The Responsible Party may be required by the Board of Selectmen, as a condition of issuing the permit, to pay for detail police officers if the Board determines that such officers are necessary for public safety. d. Permits are issued upon express condition that the Battle Green is to be left in a clean and orderly condition. 4 - e. The responsible party will be charged by the Board of Selectmen, as a condition of issuing the permit, for any damages directly resulting from the permitted activity. f. Permits are non-transferable and are only valid for date and time specified. For cause, the Police Chief or the Chief’s designee may extend a permit for up to 2 hours. g. The Board of Selectmen may set reasonable permit conditions and restrictions, including but not limited to duration and area occupied, as are necessary for protection of the Green and public use thereof. 5. Grounds for Revocation of Permit a. At the discretion of the Board of Selectmen, a permit may be revoked or further conditioned upon a finding of compromised turf of the Battle Green. b. The Selectmen may suspend or revoke a permit to use the Battle Green based on reasonable expectations that there may be an imminent threat to public safety because of a weather or man-made event. c. A permit shall be revoked if a sanctioned event includes impermissible activities and may be revoked if the permit group engages in activities that are not within the specifications of the permit. 6. Grounds for Denial of Permit Request Permit requests may be denied if an: a. Application creates a scheduling conflict with a previously filed application by another person or group. b. Event presents a clear and present danger to public health or safety. c. Event is of such nature or duration that it cannot reasonably be accommodated in the area applied for; or the expected number of participants exceeds the public use limit. d. Event will, in the opinion of the Board of Selectmen, cause unacceptable interference with use and enjoyment of the Battle Green by the general public. e. Event is requested for a date that conflicts with official Town events by Battle Green Reenactment organizations. f. Event is more appropriately held at other available Town facilities, such as recreational facilities. 7. Patriots’ Day Other than official Town-sponsored activities and permitted activities by Battle Green Reenactment Organizations, no activity or event otherwise requiring a permit shall be scheduled to take place at, nor shall any other permit be issued for use of, the Battle Green from April 1 through April 30 of each year. During such time, the Battle Green is reserved for Town activities and events, permitted activities conducted by Battle Green Reenactment Organizations and for activities for which no permit is required under Section 2. 5 - 8. Penalties Penalties for violations of these regulations shall be in accordance with Chapter 1, Article II, Sections 1-4 and 1-6 of the Code of the Town of Lexington. 9. Severability If any section, paragraph or part of these regulations be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. Approved by the Board of Selectmen July 15, 1986. Amended July 24, 2000. Amended December 21, 2009. Amended August 1, 2011. Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen on February 3, 2014. Selectmen approved minor revisions to the Use of the Battle Green Regulation on March 10, 2014. Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen on November 19, 2018. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions PRESENTER: Kelly Axtell, Deputy Town Manager ITEM NUMBER: I.2 SUMMARY: Category: Informing The Board may take up discussion on the 2025 Annual Town Meeting Articles and/or Select Board article positions. Town Website - 2025 Annual Town Meeting 2025 Annual Town Meeting SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/2/2025 6:50pm ATTACHMENTS: Description Type Select Board Working Document - Positions 2025 ATM Backup Material Art 34 motion Backup Material Art 34 slides Backup Material Select Board Positions Working Document #Article Name PLACEHOLDER FOR AN UPDATE AT SELECT BOARD MTG SELECT BOARD PRSNTR Proposed CNSNT (PC) IP DL JP JH MS VK 1 Notice of Election 2 Election of Deputy Moderator and Reports of Town Boards, Officers and Committees 3 Appointments To Cary Lecture Series.Y Y Y Y Y 4 Appropriate FY2026 Operating Budget DL Y Y Y Y Y 5 Appropriate FY2026 Enterprise Funds Budgets VK Y Y Y Y Y 6 Amend Fy2025 Operating, Enterprise And CPA Budgets MS Y Y Y Y Y 7 Sustainable Projects JP Y Y Y Y Y 8 Appropriate Funding To Construct a Playground In Fletcher Park (Citizen Petition)- IP 2/24/2025 PC IP Y Y Y Y Y 9 Establish and Continue Departmental Revolving Funds JH Y Y Y Y Y Appropriate The FY2026 Community Preservation Committee Operating Budget And CPA Projects a. Cotton Farm/Community Center Connector – $300,000 b. Simond’s Brook Conservation Area Trail Design & Engineering – $75,000 c. Document Conservation – $21,000 - Proposed Consent PC d. Hancock-Clarke House Roof Replacement – $57,800 e. Affordable Housing Trust Funding– $3,000,000 f. LexHAB Affordable Housing Support, Restoration, Preservation, and Decarbonization – $494,140 g. Park and Playground Improvements – Center Playground – $1,490,000 h. Park Improvements – Athletic Fields - Harrington – $3,197,904* i. Lincoln Park Field Improvements #3 – $1,950,000* j. Administrative Budget – $150,000- Proposed Consent PC 11 Appropriate For Recreation Capital Projects JH PC Y Y Y Y Y 12 Appropriate For Municipal Capital Projects And Equipment a) Transportation Mitigation PC Y Y Y Y Y b) Fire Pumper Truck Y Y Y Y Y Financial Articles 10 1/27/2025 Y Y Y Y YMS As of 3/26/2025 Select Board Meeting Select Board Positions Working Document #Article Name PLACEHOLDER FOR AN UPDATE AT SELECT BOARD MTG SELECT BOARD PRSNTR Proposed CNSNT (PC) IP DL JP JH MS VK c) Equipment Replacement PC Y Y Y Y Y d) Sidewalk Improvements PC Y Y Y Y Y e) Hydrant Replacement PC Y Y Y Y Y f) Street Improvements PC Y Y Y Y Y g) Stormwater Management Program PC Y Y Y Y Y h) New Sidewalk Installations - Study and Design Y Y Y Y Y i) Intersection Improvements - Adams St. at East St. & Hancock St.Y Y Y Y Y j) DPW Building Improvements Y Y Y Y Y k) Lincoln Park Parking Lot - Design Y Y Y Y Y l) Municipal Technology Improvement Program PC Y Y Y Y Y m) Network Redundancy & Improvement Plan PC Y Y Y Y Y 13 Appropriate For Water System Improvements.PC Y Y Y Y Y 14 Appropriate For Wastewater System Improvements PC Y Y Y Y Y 15 Appropriate For School Capital Projects And Equipment PC Y Y Y Y Y Appropriate For Public Facilities Capital Projects a) Public Facilities Bid Documents PC Y Y Y Y Y b) Public Facilities Interior Finishes PC Y Y Y Y Y c) School Paving and Sidewalks PC Y Y Y Y Y d) Municipal Building Envelopes and Associated Systems PC Y Y Y Y Y e) Central Administration Building Demolition Y Y Y Y Y f) Estabrook Elementary School Nurse Bathroom Renovation Y Y Y Y Y 17 Appropriate To Post Employment Insurance Liability Fund JP PC Y Y Y Y Y 18 Rescind Prior Borrowing Authorizations PC Y Y Y Y Y 19 Establish, Amend, Dissolve And Appropriate To And From Specified Stabilization Funds VK Y Y Y Y Y 20 Appropriate For Prior Years’ Unpaid Bills - IP PC IP Y Y Y Y Y 21 Appropriate For Authorized Capital Improvements. - IP PC IP Y Y Y Y Y JP16 12 (cont.) JP As of 3/26/2025 Select Board Meeting Select Board Positions Working Document #Article Name PLACEHOLDER FOR AN UPDATE AT SELECT BOARD MTG SELECT BOARD PRSNTR Proposed CNSNT (PC) IP DL JP JH MS VK 22 Select Board To Accept Easements PC Y Y Y Y Y 23 Dispose Of 116 Vine Street 3/10/2025 MS W Y Y Y W 24 Authorize The Town Of Lexington To Prohibit Or Restrict The Application Of Second Generation Anticoagulant Rodenticides (Citizen Petition)2/3/2025 JH Y Y Y Y Y 25 Amendment To Town Meeting Management Provisions In Town Bylaws (Citizen Petition)DL W Y W Y W 26 Local Voting Rights For Lawful Permanent Residents (Citizen Petition) 2/14/2025 JH Y Y W Y W 27 Allow 16 Year Olds Voting Rights In Municipal Elections (Citizen Petition)2/24/2025 DL Y Y Y Y Y 28 Accurate Reporting On The Negative Aspects Of Lithium-Ion Batteries (Citizen Petition)1/27/2025 JP Y Y Y N Y 29 Amend Zoning Bylaw - Bicycle Parking - REFER BACK TO PB 3/10/2025 MS PC Y Y Y Y Y 30 Amend Zoning Bylaw - Inclusionary Housing For Special Residential Developments 3/10/2025 JH W Y Y W Y 31 Amend Zoning Bylaw - National Flood Insurance (NFI) District 3/10/2025 DL Y Y Y Y Y 32 Amend Zoning Bylaw And Map - Technical Corrections 3/10/2025 VK Y Y Y Y Y 33 Amend Zoning Bylaw - Accessory Uses 3/10/2025 JP Y Y Y Y Y 34 Amend Section 7.5 Of The Zoning Bylaw To Reduce Multi-Family Dwelling Unit Capacity (Citizen Petition)VK W W W W W General Articles Zoning Articles As of 3/26/2025 Select Board Meeting 1 Town of Lexington Motion Annual Town Meeting 2025 ARTICLE 34 AMEND SECTION 7.5 OF THE ZONING BYLAW TO REDUCE MULTI-FAMILY DWELLING UNIT CAPACITY (Citizen Petition) MOTION That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, and Zoning Map be amended as follows, where struck through text is to be removed and underlined text is to be added, and further that non-substantive changes to the numbering of this bylaw be permitted to comply with the numbering format of the Code of the Town of Lexington: A. Amend §135-7.5.5.6 as follows: 6. The minimum required front yard in feet is the lesser of that required in the underlying zoning district or 15 feet, except that where 50% or more of the façade facing the public way is occupied by nonresidential principal uses in the VO District, no the minimum required front yard is required 10 feet. Minimum required front yard areas shall be used as amenity space available for occupants and semi-public uses such as landscaping, benches, tables, chairs, play areas, public art, or similar features. Parking spaces are not permitted in the minimum required front yard. B. Amend §135-7.5.5.10.b as follows: b. VO Height Bonus. In the VO District, the maximum height is 50 feet and 4 stories when at least 33% of the gross floor area of the street floor level or buildings’ footprint, whichever is greater, of the entire development is occupied by nonresidential principal uses pursuant to §7.5.4.4, and no more than the greater of 20% or 20 feet of the street floor frontage on a public way is dedicated to residential uses, and the floor to floor height of the street floor level is at least 14 feet. C. Amend §135-7.5.9.1 as follows: 1. Transition areas, as specified under §5.3.4 (Transition Areas), are required only along the boundary of the Village Overlay Districts and shall have a depth of 20 feet on developments in the VO District containing a building with a height greater than 40 feet or five (5) feet otherwise. (3/27/2025) Article 34 Amend Section 7.5 of the Zoning Bylaw to Reduce Multi-Family Dwelling Unit Capacity 4/1/2025 Annual Town Meeting 2025 1 3 Changes to Section 7.5 Village Overlay Districts 1) Increases the minimum front yard setback to 10 ft. where none is currently required for mixed-use buildings 4/1/2025 Annual Town Meeting 2025-1 2 Proposal at 217-241 Massachusetts Ave. 9.3 –9.6 ft. 4/1/2025 Annual Town Meeting 2025 3 2) Adds requirement for 14 ft. floor to floor height for street floor level mixed-use developments First Floor Height Transition Area Screening 3) Increases width of landscape screening area from 5 ft. to 20 ft. wide when buildings over 40 ft. in height 4/1/2025 Annual Town Meeting 2025-1 4 Example: VO District at Marrett Rd. & Spring St. VO District RS RS