HomeMy WebLinkAbout2023-06-21 SB-min
Select Board Meeting
June 21, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday, June 21,
2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was
offered as well via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry, Vice Chair, Mr. Lucente,
and Ms. Hai were present, as well as Ms. Katzenback, Executive Clerk; and Ms. Kosnoff, Assistant Town
Manager for Finance.
PUBLIC COMMENTS
Shelly Scruggs, 7 Conestoga Road, asked the Select Board to not reappoint Judy Crocker as the
Lexington Representative to the Minuteman School Committee. She expressed concern that change must
be made to place new representatives onto the School Committee in light of the turmoil surrounding the
superintendent of the Minuteman Technical School.
Yury Mashkovich, 30 Oxbow Road, asked the Select Board to not reappoint Judy Crocker as the
Lexington Representative to the Minuteman School Committee. He noted that the Teacher’s Union voted
100% no confidence against Dr. Dawson's leadership. The Minuteman Union teacher’s representative
also described how drastically the school has changed for the negative and pleaded with the School
Committee to do better. He asked the Select Board to choose someone it feels confident can step up, be a
leader, work collaboratively, and help the School Committee hire an appropriate superintendent and
principal.
Michelle Orofanos, Arlington Resident, asked the Select Board to not reappoint Judy Crocker as the
Lexington Representative to the Minuteman School Committee. She asked that the Board remove item
three, regarding this item from the Consent Agenda.
Lin Jensen, 133 Reed Street, stated she would like to see the Select Board have a more transparent
process and interview each of the candidates who applied in order to evaluate and find the best candidate
for appointment to the Minuteman School Committee.
Alisha Bloom, 21 Locke Lane, asked the Select Board to vote against the agenda item to reappoint Judy
Crocker as Lexington member on the Minuteman School Committee. Ms. Crocker is a member of a
School Committee that followed a failed process, resulting in the hiring of a problematic Superintendent.
She stated she is parent who has no confidence in the current School Committee.
Mr. Pato closed public comment, as it reached the ten-minute limit.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Hai stated that a mini housing summit was held yesterday evening. This included a productive
conversation regarding how the various participants in housing could influence how the Board considers
its housing goal. She also noted that staff continues to work on the Noise Bylaw.
Mr. Lucente stated that he and Mr. Sandeen completed their review of the Policies of Procedure manual,
which will hopefully be before the Board at a future meeting. One specific item they discussed is a
potential enforcement policy for the Noise Bylaw. Mr. Pato suggested that this information be passed
onto the staff working group for the noise bylaw.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Ms. Kosnoff stated that there is nothing new to add to this report at this time.
DOCUMENTS: Weekly Update 6-9-23, Weekly Update 6-16-23
CONSENT AGENDA
Mr. Pato asked the Board if they would like to keep the Minuteman School Committee Member
appointment on this consent agenda, remove it to take up separately at tonight’s meeting or table it to be
taken up at a future meeting.
In response to a question from Ms. Barry, Mr. Pato explained that, if the Board does not make an
appointment to the School Committee prior to the end of the term, the incumbent continues in office until
a new member is appointed and qualified. The existing term expires June 30, 2023.
Ms. Hai stated she would be comfortable putting off this vote until the full Board can discuss the process.
The Board removed the Minuteman School Committee appointment from the consent agenda, noting
further work will be done by the Select Board in regard to the appointment of a Lexington Representative
to the Minuteman School Committee before scheduling a vote on a future agenda.
In addition, the Board split the consent agenda to take up the reappointments to the Town Celebrations
Committee and Fiesta Shows Application for Public Entertainment on a Sunday License separately, as
Mr. Lucente recused himself from these items.
1. Approve and Sign Water and Sewer Adjustments
To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on November
3, 2022.
DOCUMENTS: Adj for 6-21-23 SB
2. Approve Town Manager Committee Appointment
Council on Aging Laureen Fiola
To confirm the Town Manager's appointment of Laureen Fiola to the Council on Aging with a term set to
expire on May 31, 2026.
DOCUMENTS: L_Fiola_Coverletter, L_Fiola_Resume, L_Fiola_Application
3. Approve Select Board Committee Reappointments
Community Preservation Committee:
o Jeanne Krieger
o Mark Sandeen
Executive Clerk - Kim Katzenback
Hanscom Field Advisory Commission - Lexington Representative - Barbara Katzenberg
Hanscom Field Advisory Commission - Alternate Representative - Sen. Mike Barrett
Keeper of the Lockup - Police Chief Mike McLean
Minuteman Advisory Group on Interlocal Coordination (MAGIC) - Jill Hai
Town Celebrations Subcommittee:
o Sudha Balasuryan
o Kevin Collins
o Yifang Gong
o David Grabel
o Bonnie Karshbaum
o E. Ashley Rooney
o Pam Winters
o Hong Xie
To reappoint Jeanne Krieger and Mark Sandeen to the Community Preservation Committee both for a
two-year term ending on June 30, 2025.
To reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June
30, 2024.
To reappoint Barbara Katzenberg to the Hanscom Field Advisory Commission as the Lexington
Representative for a three-year term ending on June 30, 2026.
To reappoint Senator Mike Barrett to the Hanscom Field Advisory Commission as the Alternate
Representative for a three-year term ending on June 30, 2026.
To reappoint Police Chief Mike McLean as Keeper of the Lockup for a one-year term ending on June 30,
2024.
To reappoint Jill Hai to the Minuteman Advisory Group for Interlocal Coordination (MAGIC) for a one-
year term ending on June 30, 2024.
To reappoint Sudha Balasuryan, Kevin Collins, Yifang Gong, David Grabel, Bonnie Karshbaum, E.
Ashley Rooney, Pam Winters, and Hong Xie to the Town Celebrations Subcommittee for a one-year term
ending on June 30, 2024.
4. Approve Select Board Committee Appointments
Housing Partnership Board - LexHAB Member - Sarah Morrison
Vision for Lexington Committee - Carol Marine
To appoint Sarah Morrison to the Housing Partnership Board as the Lexington Housing Assistance Board
(LexHAB) Member for a three-year term set to expire on September 30, 2025.
To appoint Carol Marine to the Vision for Lexington Committee to fill an unexpired term set to expire on
September 30, 2023.
DOCUMENTS: 2023 Housing Partnership Board Application - LexHAB Member - S. Morrision, 2023
Vision for Lexington Committee Application - C. Marine
5. Approve and Authorize Town Manager to Sign Inter-Municipal Agreement
To approve the IMA with the Regional Housing Services Office for the period July 1, 2023 through June
30, 2026 and further to authorize the Town manager to execute the IMA.
DOCUMENTS: Regional Housing Services Office IMA
7. Application: Entertainment License – Association of Black Citizens of Lexington d/b/a ABCL,
1875 Massachusetts Avenue
3rd Annual Quock Walker Day Community Celebration
To approve an Entertainment License for the Association of Black Citizens of Lexington d/b/a ABCL for
the purpose of providing live musical and dance performances as well as radio/recorded music for patrons
of the 3rd Annual Quock Walker Day Community Celebration to take place on Saturday, July 8, 2023 at
the Visitors Center Lawn, 1875 Massachusetts Avenue, from 11:00am to 3:00pm.
DOCUMENTS: ABCL's Quock Walker Day Community Celebration Schedule of Events and Map
8. Approve Amendments to Registrars of Voters Charge
To amend the Registrars of Voters charge by making the following changes as proposed:
Change name from "Registrars of Voters" to "Board of Registrars" to better reflect the
MGL Chapter 51 §15
Add "Quorum: Quorum shall be a majority of members serving"
Change "Board of Selectmen" to "Select Board"
DOCUMENTS: Amended Registrars of Voters Charge - Redlined, Amended Board of Registrars Charge
9. Authorize Town Manager to Execute License Agreement – 3 Bedford Street
To approve the license agreement between the Town of Lexington and the Trustees of the Lexington
Masonic Associates regarding a portion of 3 Bedford Street, as attached, and further to authorize the
Town Manager to execute the license agreement.
DOCUMENTS: License Agreement
10. Approve and Sign Proclamation – Massachusetts Emancipation Day aka Quock Walker Day
To approve and sign a proclamation recognizing July 8, 2023 as Massachusetts Emancipation Day aka
Quock Walker Day in the Town of Lexington.
DOCUMENTS: 2023 Massachusetts Emancipation Day aka Quock Walker Day Proclamation
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the amended
Consent Agenda.
Mr. Lucente was recused from voting on the following items:
3. Approve Select Board Committee Reappointments
Town Celebrations Committee:
o Sondra Lucente
o Lorain Marquis
o Geetha Padaki
To reappoint Sondra Lucente, Lorain Marquis and Geetha Padaki to the Town Celebrations Committee
for a three-year term ending on June 30, 2026.
6. Application: License for Public Entertainment on Sunday – Fiesta Shows, Hastings Park, 0
Massachusetts Avenue
67th Annual Fourth of July Carnival
To approve a License for Public Entertainment on Sunday for Fiesta Shows for the purpose of providing
amusement rides and games for patrons of the 67th Annual Fourth of July Carnival to take place on
Sunday, July 2, 2023 at Hastings Park, 0 Massachusetts Avenue, from 1:00pm to 11:00pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the remainder of
the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Capital Waste Introduction and Contract Approval
Dave Pinsonneault, Director of Public Works, explained that the Town utilized a competitive bidding
process, selected Capital Waste Services Inc., and has negotiated a contract for the next five fiscal years
(beginning July 1, 2023). He explained that Town Counsel has vetted the contract.
Joe Ricupero, Capital Waste Services, introduced his business.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the contract
between the Town of Lexington and Capital Waste Services, Inc. as per the attached contract and
attachments and further to authorize the Town Manager to execute said contract with the incomplete
items to be completed to Town Counsel and Town Managers satisfaction.
DOCUMENTS: Capital Waste Services Inc. Contract, Contract Attachments A-K
2. Discuss Stormwater Enterprise Fund
Mr. Pinsonneault explained that, in May, the Town Manager, DPW Director, Town Engineer, and
Assistant Town Manager for Finance met to discuss the status of the Stormwater Management Enterprise
Fund Proposal. It has been determined that the cost concern initially considered as an impetus for moving
in the direction of creating a Stormwater Enterprise Fund has not materialized, and costs of stormwater
management have been dealt with in the existing budget. The only concern at this time is a potential
change in course by the EPA, or increased demands for additional phosphorous management. This could
increase costs but, in either event, there would be sufficient time to react. At this time, staff is
recommending the effort to create a Stormwater Enterprise Fund be postponed and placed on hold until an
appropriate to review it in the future.
Ms. Kosnoff explained that, currently, the budgets for managing stormwater, both operating and capital,
approximately $2.8M. It is believed that the existing budget structure is sufficient without creating an
enterprise into the foreseeable future. This can be revisited if the permitting requirements change.
3. Approve Recommended Updates to the Integrated Building Design and Construction Policy
Todd Rhodes, Sustainable Lexington Vice-Chair, reviewed the amended version of the Integrated
Building Design and Construction Policy. Staff received one comment, related to
Attachment A. Specifically, the Section on Green Vehicles refers to “b) Provide renewable energy to
support EV charging demand”. Staff was asked to be more specific on what measurement is being used
to establish demand. This has been addressed by staff. There was also an amendment suggested by Mr.
Sandeen.
Mr. Pato read aloud Mr. Sandeen’s suggested amendment, to have the sentence that reads “provide
renewable energy to support EV charging demand” be changed to “provide renewable energy to support
EV charging requirements in kilowatts and kilowatt hours.”
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the revised
Integrated Building Design and Construction Policy, as attached and amended by Mr. Sandeen.
DOCUMENTS: Final Integrated Building Design and Construction Policy with Attachment CLEAN,
Redline Integrated Building Design and Construction Policy, Attachment A, Presentation, Response to
Select Board Comment
4. Update on Solar Canopy for Police Station Project
Mike Cronin, Director of Public Facilities, stated that staff met with the Historic Districts Commission
(HDC) regarding the solar canopy and any other relevant information. By a vote of 7-0, the HDC
supported option 1, including the Massachusetts Avenue leg. Additional design work will continue to take
place at this time. The next meeting scheduled with HDC will occur the first week in August.
Mr. Pato noted that, while a certificate of appropriateness was not issued at this stage, the HDC did give a
commitment that this design can proceed with determining how the footings will be laid out. Mr. Cronin
agreed and explained that the design features will be discussed with the HDC at its next meeting.
5. Request to Continue Free Senior Parking in Lexington Center
Julie-Ann Shapiro & John Zhao, Council on Aging Co-Chairs, explained that the Council on Aging is
requesting to continue the Senior Parking Program in the Center. The program helped make parking at the
Center more accessible and equitable for seniors. Seniors also recognize the financial benefit from this
program. The Center Committee took this matter up at its June 8, 2023, meeting and has provided
comments to the Board. Ms. Shapiro stated that having a fee for the program would undermine the intent
and benefit of this program significantly. The Council on Aging is requesting the program to become
permanent at this time. She noted that the Human Services Department will continue to process
applications for the program and work with the Lexington Police Department regarding enforcement.
There was discussion regarding the length of time for this continuation.
Jerry Michelson, Lexington Center Committee, explained that the Committee voted in favor, 6-0, to
continue this program. There were four requests made by the Committee for the Board to consider,
including extending the program for one year instead of two. The parking management for this program
has not been thoroughly considered. The Committee also requested that any potential loopholes to the
program be closed. The Committee suggested that a fee for the program be considered, as other
transportation methods in the Center as cost money.
Pam Lyons, Center Committee, suggested that there could be an annual fee, in the same amount that is
charged for Lexpress. If senior parking is going to be free, she suggested making Lexpress free as well.
Howard Cloth, 19 Sherman Street, stated that allowing this program to be free recognizes the value of
seniors in Town.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve continuation of
the Senior Parking Program on a continuous basis with reports every two years.
DOCUMENTS: Presentation, Senior Parking Memo - COA, Center Committee Comments on Senior
Parking Program
The Board took a brief recess.
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6. Discuss Tentative Schedule of Events for the Celebration of the 250 Anniversary of the Battle of
Lexington
Ms. Barry explained that the Semiquincentennial Commission - Lex250 is looking for feedback from the
Select Board regarding the proposed draft schedule of events that would take place in Lexington on
Patriots' Day Weekend 2025 (April 18, 2025 - April 21, 2025). Lex250 held two stakeholder meetings
and met with the Town Manager and Senior Staff four times in developing this schedule. The
Commission has also met with the 250th Collaborative group of the Towns of Arlington, Concord,
Lincoln, and Minuteman National Historic Park twice, and has had additional conversations with
members of those groups as well. A significant factor taken into account in the scheduling of events is the
input the Commission received from Fire, Police and DPW.
Mr. Pinsonneault stated that it makes sense, for Department efficiency, to have all events coordinated on
the same day.
Chief Sencabaugh agreed that the Town has worked closely with all other communities involved. The
departments need to begin allocating and scheduling resources at this time.
Ms. Barry explained that Lexington, Concord, Arlington, and Lincoln are working on an inter-municipal
agreement for event planning services. There may also be collaboration with a website, public safety, and
transportation. This could all be included in one inter-municipal agreement. She reviewed a draft series of
events for the celebration weekend.
The Board discussed the details as presented.
Ms. McKenna stated that she would like to see the youth parade included in the schedule of events. She
noted that the economic development piece is important for this celebration, and events will need to carry
throughout the schedule in order to entice people to come and stay in Town.
James Lee, Captain of the Lexington Minutemen, discussed the conflicts for reenactors in the schedule.
He suggested that some of the smaller events could be held on Monday.
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Steve Conners, Lexington 250 Commission, stated that, as a reenactor, this is not the schedule of events
that was expected. He questioned if the proposed plan is supportable and viable. With nothing scheduled
on Sunday and Monday, this seems to be a valuable waste of time. He would like to see a greater use of
the entire weekend.
Steve Cole, Lexington Minutemen, read a letter on behalf of the Ladies Association of Revolutionary
America. It urged the Select Board to maintain the usual schedule for the 2025 Patriots Day activities
rather than move them all to Saturday. The proposed schedule forces participants and visitors to choose
between locations and activities.
Ms. Barry stated that the Commission will take the information from this meeting for further discussion.
DOCUMENTS: 2025 Patriots' Day Weekend Draft Schedule of Events
7. Award Sale of Bond Anticipation Notes
Ms. Kosnoff stated that, on Tuesday, June 20, 2023, the Town sold $2.85M of Bond Anticipation Notes
(BANs) to finance several municipal projects, including water system improvements and the Battle Green
Streetscape project. Five competitive bids were submitted for the notes which will come due on February
23, 2024. The bids, based on a calculation of the net interest cost (NIC), which takes into consideration
the amount of the issue, coupon rates and offering premium, ranged from a high of 4.1246% to a low of
3.6677%. The low bidder was Fidelity Capital Markets, whose NIC of 3.6677% included a premium of
$15,416.58.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the sale of
$2,849,644 4.50 percent General Obligation Bond Anticipation Notes (the “Notes”) of the Town dated
June 29, 2023, and payable February 23, 2024, to Fidelity Capital Markets, a division of National
Financial Services LLC at par and accrued interest, if any, plus a premium of $15,416.58.
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 June 14, 2023, and a final Official Statement
dated June 20, 2023, 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: BAN Sale Bids, BAN Purposes, Note and Opinion, No Litigation Certificate -BANS,
Tax Certificate
8. Approve Fiscal Year 2024 Cost-of-Living-Adjustment (COLA) for Non-Represented Employees
Anne Graglia-Kostos, Human Resources Director, explained that this item is to consider the Cost-of-
Living Adjustment (COLA) for the non-union Town staff. The Town has approximately 425 employees,
most of whom are unionized. There are 51 full-time town staff and 13 part-time Town staff that are not
unionized. The total salaries for these staff are approximately $5.6M. The following are the costs
associated with different COLA levels:
2.0% $112,000
2.25% $126,000 (+$14,000)
2.5% $140,000 (+$28,000)
2.75% $154,000 (+$42,000)
3.0% $167,000 (+$55,000)
The traditional COLA for non-union employees has mirrored the average increase for unionized
employees. While the Town Manager is recommending a 2.0% increase in the COLA for non-union
employees, the Town Manager also wanted to provide the costs associated with various percentage
increases above the 2.0% level for the Select Board's consideration.
Ms. Hai suggested moving forward with the 2% COLA as presented at this time, with the understanding
that further compensation adjustments could be discussed once the Class & Compensation study is
completed.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to establish a COLA for
non-union employees for FY24 at 2.0%.
DOCUMENTS: Non-Union COLA List FY24
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to adjourn the meeting at
9:10pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary