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HomeMy WebLinkAbout2025-02-24 SB-minSELECT 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