HomeMy WebLinkAbout2022-02-07 SB-min
Select Board Meeting
February 7, 2022
A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on
Monday, February 7, 2022 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair,
Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager; and Ms. Katzenback, Executive Clerk.
PUBLIC COMMENTS
Todd Cataldo, 168 Grand Street, asked that the email he sent to the Board be included in the record for
this meeting. He stated that there has been no public process on Article 40 and asked the Board to urge
the proponents to withdraw or indefinitely postpone the article and come back when it is fully vetted.
Marilyn Fenollosa, Community Preservation Committee Chair, correctly reflect the maker of a statement
she cited at a previous Select Board meeting regarding Article 10 - Center bathrooms project. She
explained to the Board that is was Ms. Kosnoff, Assistant Town Manager for Finance who has made the
statement assuring that if funds were appropriated for the bathrooms, tennis courts, basketball courts,
these would not be torn up until a couple years later, due to the High School construction, not Recreation
representative, Lisa Rhodes.
SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS
1. Select Board Member Concerns & Liaison Reports
Ms. Barry stated that the Lexington Semi-Quincentennial Commission, otherwise known as
Lexington250 has launched a logo contest. This logo contest is open to all High School students who
reside in or attend school in Lexington This will be a jury contest. First place comes with a stipend of
$1,000, and runners up will be awarded $500 and $250, respectively. Information for this contest will be
placed on the Town's website. Ms. Barry noted that Minuteman High School is still considered to be in
Lexington, and that any students high-school age can apply.
Ms. Hai stated that she will be presenting on behalf of the MMA at the Local Government Advisory
Council regarding the need for the continuation of remote Town Meeting, remote access, mail-in ballot,
th
etc., in order to urge both the quick signing and the extension past July 15.
Ms. Hai also noted that she attended the COVID PCR test clinic last weekend. There are 250 slots at each
of these clinics. There were 80 people signed up last Saturday, and seven of them were no shows. She
wondered whether the Board needs to rethink the scheduling of these clinics.
TOWN MANAGER REPORT
th
Mr. Malloy explained that there was a significant flood in the Town Office building on January 29,
during the snowstorm. Thanks to the diligence of the Public Facilities Department, IT Department, and all
of the staff, most of the repair work will be done by the end of this week. He also noted that the Town has
th
a new Sustainability and Resilience Officer, Maggie Peard; she will be starting on February 14.
In response to a question from Ms. Barry regarding an update on the working group looking at the Article
97 land and land issues surrounding the High School property in the Center Recreation Fields property,
Mr. Malloy stated that a framework has been created, and that the time between meetings will be used for
the Superintendent, himself, the Recreation Director, the Public Works Director, and the Public Facilities
Director to do a lot of leg work with our Town Council. A memo will be created to this effect shortly. Ms.
Barry advocated for the working group’s meetings to be held on Zoom, to allow for public attendance and
input.
In response to a question from Mr. Lucente, Mr. Malloy stated that the Town is looking into an alarm
system that could send an alert if a significant amount of water is entering the building, in hopes of
preventing flooding issues in the future.
CONSENT AGENDA
The Board pulled item #5 for a separate vote.
1. Approve Lexington Little League Opening Day Request
To approve the Lexington Little League request for the Annual Little League Parade on Saturday, April
30, 2022 as outlined in their letter dated January 10, 2022 and subject to State and Local COVID-19
requirements at the time of the event.
DOCUMENTS: 2022 Little League Parade Request
2. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of: December 13, 2021; December 20, 2021;
January 10, 2022
DOCUMENTS: DRAFT Select Board – 12132021, DRAFT Select Board – 12202021, DRAFT Select
Board - 01102022
3. Select Board Committee Appointments
To appoint the board and committee members with terms as indicated in the attached list (Select Board
Committee Appointments - February 7, 2022).
DOCUMENTS: Select Board Committee Appointments - February 7, 2022 )(rev 02072022), 2022
Design Advisory Committee Application - E. Xu, 2022 Economic Development Advisory Committee
Application - Y. Taylor, 2022 Housing Partnership Board Application - W. Manz, 2022 Lexington Center
Committee Application - T.E. Ballard, Jr., 2022 Noise Advisory Committee Application - J. Campbell,
2022 Sustainable Lexington Committee Application - L. Jensen, 2022 Town Celebrations Committee
Subcommittee Application - H. Xie, 2022 Zoning Board of Appeals Associates Application - D.
Williams, 2022 Zoning Board of Appeals Associates Application - K. Roy
4. Battle Green Use Request – Lexington Minute Men Inc. & Lexington Historical Society
To approve the request of Lexington Minute Men Inc. and the Lexington Historical Society to use the
Battle Green on Sunday, April 17, 2022 at 10:00pm through Monday, April 18, 2022 at 1:00am for the
reenactment of Paul Revere's ride and the arrival of Paul Revere and William Dawes at the Hancock-
Clarke House as outlined in the attached letters dated January 17, 2022 and January 24, 2022 and subject
to State and Local COVID-19 requirements at the time of the event.
DOCUMENTS: 2022 Patriots' Day Event/Battle Green Use Request - Lexington Minute Men Inc., 2022
Patriots' Day Event Request - Lexington Historical Society
6. Battle Green Use Request – William Diamond Junior Fife and Drums Corps
To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on
Friday, May 6, 2022 from approximately 7:00pm to 8:00pm for the annual Lexington Fife and Drum
Tattoo as part of the Lexington Muster weekend.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent
Agenda Items 1-4, and 6.
Mr. Lucente recused himself from voting on item #5, as he is a member of Lion’s Club.
5. Battle Green Use Request – Lions Club of Lexington, Inc.
To approve the request of the Lions Club of Lexington, Inc. to hold the 108th Annual Patriots' Day 5-
Mile Road Race on Monday, April 18, 2022 with an awards ceremony on the Battle Green at the
conclusion of the Road Race as outlined in the attached letter dated January 31, 2022 and subject to State
and Local COVID-19 requirements at the time of the event.
DOCUMENTS: 2022 Patriots' Day Event/Battle Green Use Request - Lions Club of Lexington, Inc.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the Consent
Agenda Item 5.
Mr. Lucente rejoined the meeting.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Liquor License - Transfer of License and Change of Location - Lex Liquor Inc., 186
Bedford Street
Ms. Hai opened this public hearing at 7:17pm. She explained that this license was previously approved
following a hearing with public participation and based on resident feedback, the hours on the license are
currently limited to Monday - Thursday 8:30am to 10pm, Fridays and Saturdays 8:30am to 11pm, and
Sunday noon to seven.
Mr. Arthur Perlman, applicant’s counsel, addressed the Board. He explained that the applicant is
requesting that all alcoholic beverage licenses currently held by LLAWM- Lexington, LLC be transferred
to Lex Liquor Inc, DBA, Lexington, Wine & Spirits, as well as a change of location for that license from
Unit 3 to Unit 2 at the same building, 186 Bedford Street. He also requested that the Board consider
amending the opening time on Sunday from noon to 10am.
In response to a question from Mr. Pato regarding the previous owner’s unique business model and plan
for this liquor store, Mr. Perlman stated that the new owners run very nice upscale liquor stores, but he is
unclear on the previous plan.
Ms. Katzenback explained that the delayed opening til noon on Sunday was a result of neighborhood
concerns.
Mr. Patel, representing a nearby liquor store located at 55 Bedford Street, expressed concern regarding
saturation of the market for this type of store in this location.
Ms. Hai stated that she would be making a motion using the same terms and conditions currently applied
to this unit, as the previous public hearing had significant public turnout and discussion regarding concern
for the operating hours. She closed the public hearing at 7:24pm.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Lex
Liquor, Inc d/b/a Lexington Wine & Spirits application for the transfer of liquor license and change of
location of the All Package Store Liquor License at 186 Bedford Street Unit, with the hours of operation
to sell alcohol as follows: Monday through Thursday 8:30am - 10:00pm; Friday and Saturday 8:30am -
11:00pm and Sunday 12:00pm - 7:00pm..
DOCUMENTS: Liquor License Transfer and Change of Location application -186 Bedford_Street Unit 2,
Copy of required Legal Ad placed for Hearing
2. Liquor License - Change of DBA - 55 Pearl Investment LLC d/b/a Whiskey and Wine
Lexington, 55 Bedford Street
There were no questions or comments from the public or from the Board.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the 55 Pearl
Investment LLC application for a change of D/B/A to amend their All Alcohol Package Store Liquor
License to 55 Pearl Investment LLC d/b/a Whiskey & Wine Lexington, 55 Bedford Street.
DOCUMENTS: Liquor License Amendment Application for Change of DBA on Liquor License
3. Grant of Location for Verizon - 3 Reed Street
Ms. Hai opened the public hearing at 7:27pm.
Bill Wallace, representative for Verizon, addressed the Board. He explained that the pole petition was
triggered by Eversource to run power to the 186 Bedford Street new construction work. The proposal is to
place a new pole at 82-5 A on the southerly side of Reed Street, approximately 75’ northwesterly from the
existing pole 82-5, located on the southerly side of Reed Street.
Ms. Hai noted that the pole is a customer-driven request. It is not driven from the utility. This is for
underground service to 186 Bedford Street and there will be no overhead lines.
There were no questions or comments from the public or from the Board. Ms. Hai closed the hearing at
7:30pm.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Grant of
Location VERIZON NEW ENGLAND, INC. and NSTAR ELECTRIC COMPANY D/B/A
EVERSOURCE ENERGY to locate poles, wires, cables, and fixtures including the necessary anchors,
guys and other such sustaining and protecting fixtures to be owned and used in common by your
petitioners, along and across the following public way or ways in the Town of Lexington as follows:
Install one (1) JO pole, P.82/5A on the southerly side of Reed Street at a point approximately 75’
northwesterly from existing pole, P.82/5, located on the southerly side of Reed Street.
DOCUMENTS: Verizon Grant of Location Petition, copy of mailed abutters notice
Ms. Hai amended the order of the agenda to take up items 6 and 7.
6. Approve the Sale of Bonds and Notes (the Board took up this item at this time)
Carolyn Kosnoff, Assistant Town Manager for Finance, addressed the Board. She explained that the sale
th
of municipal bonds occurred on January 25. There were $16.65M worth of capital projects financed. The
biggest piece of this was the Center Streetscape project at approximately $8M. The Town received six
competitive bids. The winning bidder offered a par value of $14.495M, which included a premium of
2.32M, resulting in a true interest cost of 1.536%. Robert Baird & Co., Inc. was the low bidder. Moody's
Investor Services did rate the bonds, which were once again rated AAA.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 that the sale of the
$14,495,000 General Obligation Municipal Purpose Loan of 2022 Bonds of the Town dated February 10,
2022 (the “Bonds”) to Robert W. Baird & Co., Inc. at the price of $16,756,424.13 and accrued interest is
hereby approved and confirmed. The Bonds shall be payable on February 1 of the years and in the
principal amounts and follows bear interest at the respective rates, as
Year Amount Interest Rate Year Amount Interest Rate
2023 $1,145,000 5.00% 2030 $1,080,000 5.00%
2024 $1,145,000 5.00% 2031 $1,080,000 5.00%
2025 $1,140,000 5.00% 2032 $1,080,000 5.00%
2026 $1,140,000 5.00% 2034 $1,395,000 3.00%
2027 $1,085,000 5.00% 2036 $1,390,000 2.00%
2028 $1,080,000 5.00% 2037 $655,000 2.00%
2029 $1,080,000 5.00%
and further: that the Bonds maturing on February 1, 2034 and February 1, 2036 (each a “Term Bond”)
shall be subject to mandatory redemption or mature as follows:
Term Bond due February 1, 2034
Year Amount
2033 $700,000
2034* $695,000
_____________ *Final Maturity
Term Bond due February 1, 2036
Year Amount
2035 $695,000
2036* $695,000
_____________ *Final Maturity
and Further: that in connection with the marketing and sale of the Bonds, the preparation and distribution
of a Notice of Sale and Preliminary Official Statement dated January 19, 2022 and a final Official
Statement dated January 25, 2022, each in such form as may be approved by the Town Treasurer, be and
hereby are ratified, confirmed, approved and adopted.
and Further: that any certificates or documents relating to the Bonds (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 the Town Treasurer and the Select Board be, and hereby are, authorized to execute and
deliver a continuing 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
Bonds, for the benefit of the holders of the Bonds 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 Bonds and to comply with
relevant securities laws.
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: Moody's Press Release, Lexington Bid Results, Lexington Final Bond Structure, Bond
Certificate, Tax Certificate, Continuing Disclosure Certificate, No Litigation & OS Statement
7. Approve the FY2023 Recommended Budget and Financing Plan (the Board took up this item
at this time)
Ms. Kosnoff addressed the Board and reviewed the items in the Board’s packet. The reviewed changes to
the General Fund. The Town is projected to get some additional State Aid, however, the revenue offsets
also increased, and therefore the net change in State Aid is only a net positive of $4,000. It is believed that
the Free Cash number is going to come in much closer to $15.7M, which is actually $1M over what was
projected when the revenue allocation model was run in November. She noted that the Sustainable Action
Plan, which will come before Town Meeting as an article, will be partly funded with a prior authorization
for achieving Net Zero. This leaves $30,000 to be repurposed from it, which is reflected on the revenue
side.
Ms. Kosnoff explained that the debt service expense was decreased by approximately $800,000 for FY23.
The offset of that revenue and the debt service are suggested to be put towards cash capital, leading to an
increase in that line of $1.876M.
In response to a question from Ms. Barry, Ms. Kosnoff explained that there are three outstanding
authorizations for Hartwell Avenue. Two of them are related to reconstructing some the roads and
bridges. There is approximately $6M outstanding in all bond off debt, authorized projects, however
construction on the Hartwell roadway is not slated to begin over the next year, and, therefore, that debt
service was removed from the projections.
Ms. Kosnoff explained that both the water and wastewater expenses were slightly decreased. She noted
that, under Compost Operations, there was a Program Improvement Request to bring a part-time staff
member to full-time which was not originally included in the White Book. After conversations with the
Department and the Town Manager, it was determined that the increase in salary required to bring that
person from part-time to full-time could be covered by the expected fee increase that will be proposed this
spring. She explained that part of the bond that the Board just issued was for a piece of equipment related
to the compost operations. The intention is to add that debt service and pay for that piece of equipment.
The equipment has a bond anticipation note for a four-year debt. Overall, the net change in the compost
revolving fund is $70,925.
Ms. Kosnoff explained that the Town has been transitioning out free cash from the operating budget at
$700,000 per year. This money is being taken out of the operating budget, which is essentially the debt
service. The request is to put that money towards cash capital, along with the rest of the free cash. This
will allow the Town to largely take all of this year's capital plan items from the general fund, almost all of
which will be with cash. The only items that will be left as debt financing are part of the Battle Green
Streetscape Project, approximately $800,000 of that can now be funded through cash, with the remainder
still funded through debt financing. Also, the Facilities Emergency Fund for the High School, which will
only be spent if there is a large emergency at the High School before building construction gets underway,
and the feasibility study for the High School.
Mr. Malloy addressed the water heater. If the Board opts to go with the oil option, he recommended that
the article be left as is. If the Board decides to go with one of the electric options, he recommended that
this be put it off to the fall Town Meeting, and that funds be appropriated for the design only at this
annual Town Meeting.
In response to a question from Ms. Hai, Mr. Malloy explained that, if the current hot water heater fails
during the season, emergency repairs would need to be done. Depending on the necessary repairs, the
pool could be closed because there wouldn't be hot water for sinks or showers. Mr. Cronin noted, if there
was a failure, the Department would likely replace it with an oil-fired part, in order to keep the pool open
for the rest of the season.
In response to a question from Ms. Barry, Mr. Cronin explained that he has consulted the architects for
the price of a full evaluation of all the different options - electric, solar, etc. While he is awaiting a final
response, he does not believe the cost will be more than $30,000 which is currently allocated for this
project.
Mr. Pato stated that he would like to wait and not commit to the oil-fired heater at this time. He echoed a
previous comment from Ms. Barry regarding placing solar hot water on the site to augment the input
source.
Mr. Lucente recommended accepting the existing proposal to replace the water heater.
Mr. Sandeen stated that he would like to see the replacement consider sustainable options. He
recommended either delaying this item or allocating enough funds to cover all the proposed options and
completing an analysis over the summer.
Mr. Lamb, Capital Expenditures Committee, explained that the CEC believes that the Town should
follow Town Meeting’s direction to move toward sustainable energy choices. He noted that the CEC will
likely look at an electric solution with a justification and rational analysis numbers. This article may be
amended on the Town Meeting floor for it to be electric or to IP. The CEC would like to see a reasonable
analysis completed for this item.
Cindy Arens, 7 Kitson Park Drive, stated that she believes solar hot water should be examined for this
project. She noted that oil has particulate matter that can be unhealthy for the residents.
In response to a question from Ms. Barry, Mr. Malloy stated that this type of analysis is something that a
Sustainability Director would be completing prior to Board review. Mr. Malloy noted that this position
would coordinate with the Public Works Department and the engineer to present the analysis to the
Board. Mr. Sandeen recommended that Sustainable Lexington as well as the financial committees should
also review this.
Ms. Hai stated that there seems to be consensus that some of the projected currently allocated in the
budget be converted into the least expensive, most efficient means of analysis for alternative, sustainable
options for providing heat for hot water to the facilities at the pool.
Mr. Lucente noted that sustainable initiatives are only one in a multitude of factors to be examined, such
as cost. He believes the Board would like to see a sustainable option, not oil, for this project.
Mr. Pato agreed that not all of the potential sustainable options have been examined for this project and
that it is important to do so.
Mr. Malloy noted that the figures presented to the Board were compiled by SED Associates, design
engineering firm. The group looked at three different types of electric water heaters and provided us a
cost by water at the rate of water that needs to be provided at the pool for both the showers and the sinks.
The existing system does not meet the health code requirements and needs to be upgraded.
Ms. Petite, Director of Recreation, explained that she does not believe the existing hot water heater will
fail before Labor Day. She things that this study can be completed in a timely fashion, however due to the
age of the water heater, it seemed prudent to examine this project. The pool is a seasonal facility; shutting
it down would impact employment, and a lot of things for the community. She believes some of the
options being explored could impact usability of the space, due to required expansion of the system.
Mr. Lucente stated that he is in favor of replacing the existing system for $32,000.
Mr. Pato stated that he is in favor of waiting and studying this further.
In response to a question from Ms. Barry, Mr. Cronin stated that there is not truly a timeline yet for this
project. There isn’t a plan to do this project until after the swim season.
Mr. Sandeen stated that he is in favor of waiting and studying this further.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the FY23
recommended Budget Financing Plan, as summarized in the attached program, including changes to the
White Book as presented above, to allow staff to make additional non-substantive adjustments and
narrative updates in preparation of publishing the final 2023 recommended Budget and Financing Plan,
and subject to the change to both the eventual number presented for the hot water heater and changing the
purpose of that usage.
DOCUMENTS: FY2023 Budget Crosswalk (White Book to Brown Book), Hot Water Heater Analysis,
FY2023 Program Summary – Recommended, Brown Book Draft (clean), Brown Book Draft (blackline)
4. Update on Police Station Building Project
Mr. Cronin introduced Jeff McElravy, AIA, Principal, and Matt Salad, Project Manager, Tecton
Architects.
Mr. Salad explained that general contractor bids for the temporary police station were received on January
th
27. The group received bids from 10 different general contractors. The estimated budget for construction
of the temporary facility was approximately $350,000 and the low bidder came in at $351,100. A letter
will be issued to the Town shortly regarding the recommended bidder.
Mr. Salad explained that there have been some changes made to the design of the building including a
more open and welcoming lobby space, and some more public support spaces. On the second floor, there
are additional social services and support spaces, as well as more open office environments for more
transparent interaction between the Police Department administrative staff and others. The design now
includes an extension of the second floor over a portion of the first floor that didn't have habitable space
over it to begin with. The locker rooms have been moved to a back area and a dormer has been added to
the rear of the building. He explained that the parking spaces on the site, shown at 164 in the plan, are
mostly maxed out. There is an area on site that is currently proposed to hold six parking spaces, but there
is debate about moving it and replacing it with green space instead.
Mr. Cronin explained that the site of the monopole may need to be revisited due to parking concerns. He
noted that he would like the Board to discuss tonight the parking area/green space, the solar aspect, and
moving from the design development phase into the construction document phase.
Mr. Salad stated that the integration of the solar capacity on site will bring this building to being net zero.
He noted that the group is also working to make sure that portions of this project comply with the Living
Building Challenge Red List requirements.
Mr. McElravy reviewed the history of this project. He explained that the total increase in escalation,
additional square footage and line-item adjustments lead to a total increase of $9,286,458 in the overall
budget. Mr. Salad reviewed some additional recommendations recently made to the project and potential
reductions to lower costs, including reducing landscaping and omitting a high-density storage system for
evidence.
Mr. McElravy addressed the options for the solar canopy to help the building approach net zero. He noted
that one option is parking canopies over the rear parking aisles. Another is a pavilion with solar panels in
Fletcher Field. He showed the Board potential design precedents for solar options.
In response to a question from Mr. Lucente, Mr. McElravy stated that the green space projected at
Fletcher Field is increased from the current amount. Mr. Salad noted that the current green space is
approximately 28,400 s.f., and the proposed is approximately 39,000 s.f., or approximately a 30%
increase.
In response to a question from Mr. Lucente regarding the projected cost of this building compared to
other buildings/towns of similar sizes, Mr. Salad stated that a similar Police Station building in
Shrewsbury is almost the same size and has a projected cost of $43-44M.
In response to a question from Mr. Lucente, Mr. McElravy stated that Hosmer House is proposed to be
placed on temporary cribbing. It is expected for it to then be moved offsite prior to the installation of solar
canopies. The solar canopy structures have not yet been designed and are not included in the projected
cost at this time.
Mr. Cronin explained that there was a meeting last week with the HDC regarding the demolition permit
for the Hosmer House. This was an informal discussion, to be voted on by the group March 3, 2022. The
group will also have a conversation regarding placement of the monopole that evening.
In response to a question from Ms. Barry, Mr. McElravy stated that demolition of the existing Police
Station would likely begin in the fall of 2022.
In response to a question from Ms. Barry, Mr. Cronin stated that the original direction for this project was
to make the building solar ready, and not to have the entire solar infrastructure available. This request
would be a step beyond what the original direction was. Ms. Barry noted that, while it is aspirational to
try to make this building net zero, she does not believe it is stated anywhere that this is required for this
project.
In response to a question from Mr. Sandeen, Mr. Cronin stated that the monopole is proposed to be 5’ in
diameter and 120’ tall. This is a separate project that is being coordinated aesthetically with the Police
Station project. Ms. Hai noted that, while separate, it directly influences where the utilities and other
critical infrastructure of this building can go. Ms. Barry stated that the Board reviewed the monopole
design at its November 1, 2021, meeting, and that there was consensus at that time that the best location
for it was behind the building. Mr. Cronin noted that the traffic pattern issue was not anticipated until the
actual design for the location of the monopole was considered.
Mr. Lucente stated that he believes the monopole should stay behind the building. He is okay with the
parking spaces being moved on the site. He believes putting footings in for the solar infrastructure is
premature at this time. He feels comfortable moving forward to the construction document phase at this
time, although he does not agree with the option to get rid of the garage.
Mr. Pato stated that he is okay with eliminating the parking spaces but would like to hear from the
Commission on Disabilities regarding handicap access. He is comfortable moving the monopole to a
different location, though has a preference for it remaining where originally proposed. He does agree with
moving forward with solar planning for this project as part of Town Meeting. He agreed with moving
forward to the construction document phase of the project, but echoed Mr. Lucente’s comments about the
garage.
Ms. Hai agreed with not getting rid of the garage. She likes the aesthetic of reducing parking for green
space but is also concerned regarding accessibility. She would like to see if the monopole could be moved
to a different location, if possible. She agreed that the project should stay solar ready but that this should
be addressed through separation funding.
Ms. Barry stated that she would like to see renderings for the alternate placement options for the
monopole. She agreed that the Commission on Disability should comment on the proposed parking
reduction. She stated that she would like for the Board to be very transparent with the public regarding the
potential solar project being proposed. She agreed with moving forward with the construction document
phase.
Mr. Sandeen echoed comments regarding preferring the green space instead of the parking spaces, and
agreed with the importance of checking on handicap access. He wants to be clear with the community
regarding the proposed monopole design. He stated that he believes the solar structure is going to be a
positive cash flow for the Town, and that it will provide significant benefits for resilience for the Police
Station over the long-term. He agreed with moving forward with the construction document phase.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the architect
and Public Facilities Director to move forward to construction documents on the Lexington Police
Department building project.
DOCUMENTS: Presentation on Lexington Police Headquarters Project - Update from Tecton Architects
The Board took a brief recess from 10:00 PM to 10:05 PM.
Ms. Hai stated that a number of items left on the agenda will be pushed to next week’s meeting, due to
lateness of the hour. She noted that the Board will discuss only the consent agenda regarding Annual
Town Meeting, and that the other items will be discussed next week.
5. 2022 Annual Town Meeting & Special Town Meeting 2022-1
Due to lateness of the hour, Ms. Hai noted that the Board will only discuss the consent agenda regarding
for this Town Meeting item.
Mr. Lucente noted that he will be recusing himself from Article 10.
Mr. Pato asked that Article 30 be removed from the consent agenda.
Ms. Hai stated that the Board will review the consent agenda again after it has been reviewed by the
finance committees, CPC, and the moderator.
The Board delayed discussion of all other topics for this agenda item to the next meeting.
Presentation - ATM 2022 Article 31: Amend General Bylaws - Reporting, Disclosing,
and Assessing the Energy and Water Use of Large Buildings
Presentation - ATM 2022 Article 26: Appropriate for Nexus Studies (Citizen Petition)
Discuss Potential Select Board Report
Select Board Article Presenters, Discussion & Positions
DOCUMENTS: Art31BEU-Dpresentation, Art31BEU-Dmotion, STM- 2022-1Art 2 Police construction,
Art 26 Nexus studies presentation, Art 26 Motion Nexus studies, 2022ATM, STM 2022-1 Select Board
Position Worksheet, Proposed consent agenda draft, Copy of 2021 Select Board Report to Annual Town
Meeting, Copy of Scribes for Last Year's 2021 SB Report to Town Meeting
8. Approve Extension Request for Commercial Use of Town Property Post-COVID
Ms. Hai stated that the agrees with the extension and also would like for Mr. Malloy to have signatory
authority to make the process more expeditious and efficient.
Mr. Pato endorsed the proposed changes but stated that he would like to see this also apply to private
commercial properties.
Mr. Lucente also agreed with these changes and asked that the Board continue to be updated on permits
filed.
Ms. Barry agreed with the changes but noted that she wants to make sure this doesn’t conflict with any of
the other regulatory boards in terms of their guidelines or bylaws. Mr. Malloy stated that he will contact
these boards to double check on this.
Mr. Sandeen also voiced his support as long as the facilities are compliant with other town regulations.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the Town
Manager to approve outdoor dining/alcohol service, and further to authorize the Town Manager to serve
as the Deputy Liquor Licensing Authority for outdoor dining/alcohol service.
Ms. Hai noted that the item regarding extending this to private commercial properties will be on the
Board’s next consent agenda.
9. Review and Approve the Creation of the Lexington Cultural District
Steve Poltorzycki addressed the Board. He explained that this request is to move forward with the cultural
district application and appoint a Town official to represent the town in the Cultural District Managing
Partnership meetings. The Managing Partnership is the entity that was created to manage the cultural
districts. The request is also that the Town Treasurer's Office cane handle the money, approximately
$7,500 a year that the State grants to each cultural district.
In response to a question from Mr. Pato, Ms. Iyer stated that there is an intention for diversity and
inclusion to be considered as part of this. The plan is to have the application done by March 2022. Mr.
Pato stated that he would like to see this adequately addressed by a presentation in the future.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the resolution
as attached, with the indication of Ms. Iyer as the municipal designee.
DOCUMENTS: Cultural District Agreement, Cultural District Resolution
10. Conflict of Interest Determination: Pamela Shadley - Lexington Center Committee
Ms. Hai explained that this item is for clarification on whether or not Ms. Shadley can recuse herself as a
Lexington Center Committee member and then participate in a Lexington Center Committee meeting in
her capacity as a paid consultant of Jacobs Engineering, regarding the Lexington parking lot project. She
is looking to be able to present to the Center Committee in her capacity as a consultant, and she has
recused on this topic from the Committee.
Mr. Pato stated that this is a question for an ethics attorney from the State Ethics Board.
Ms. Barry suggested that either Mr. Makarios submit information regarding this item to the Board for its
next meeting, or Ms. Shadley address this with the State Ethics Board.
DOCUMENTS: Letter of Request for Waiver of Conflict of Interest
11. Discussion on Parking Meters
Mr. Malloy explained that the proposal is to consider having cash/PaybyPhone as the two options for
paying for parking, as opposed to cash/credit cards. The cash/PaybyPhone option would negate the need
to update to 4G. The cost of PaybyPhone is passed on to the consumer (15%), however, this is not the
case for credit card users. In order to be consistent, the other proposal recommended is that we adjust the
meter costs for credit cards to be consistent with the PaybyPhone app costs.
In response to a question from Ms. Hai, Mr. Malloy stated that everyone seems to be using the
PaybyPhone app and there haven’t been a large number of violations.
In response to a question from Mr. Lucente, Mr. Malloy stated that this proposal includes all of the meters
on Mass Ave and in the parking lots, as well as those along some of the other side streets. There are 208
meters that need the repair alone, at $205 apiece. There are 321 parking meters that need the repair and
the upgrade.
Ms. Barry requested that data be compiled to determine how many seniors are using their parking
stickers.
Mr. Sandeen stated that he prefers the repair only and PaybyPhone option.
Mr. Pato agreed with the PaybyPhone option, as long as there is nothing specific that will need the 4G
update.
Ms. Hai also agreed with this option, and echoed Mr. Pato’s comments.
Mr. Lucente asked that members of the Center Committee be allowed to comment on this.
In response to a question from Ms. Barry, Mr. Malloy stated that there will be custom stickers for the
PaybyPhone option added to the meters to cover certain existing slots.
Ms. Sandler stated that the only feedback received regarding the PaybyPhone option has been negative.
Mr. Michelson stated that people should be given 2-3 options at the meters, including using a credit card.
He believes there may be a need to upgrade to 4G with these meters, and thus the credit card option
should continue to be included.
DOCUMENTS: 4GUpgradeCostAnalysis
ADOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at
10:44 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary