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HomeMy WebLinkAbout2024-02-12 SB-min Select Board Meeting February 12, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, February 12, 2024, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. The meeting was called to order at 6:31pm. CONSENT AGENDA The Board agreed to address Consent Agenda item #2 separately. 1. Application: One-Day Liquor License – Rotary Club of Lexington,1605 Massachusetts Avenue  Lexington High School Scholarship Fundraiser To approve a One-Day Liquor License for the Rotary Club of Lexington to serve beer and wine in the lobby outside of, and the hallway to the left side of, Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the Lexington High School Scholarship Fundraiser on Friday, March 1, 2024 from 6:30pm to 10:30pm, and to further allow for guests of this event to be able to consume alcohol inside of Battin Hall. 3. Accept Select Board Committee Resignation  Town Celebrations Committee - B. Gresh Lattimore Jr. To accept the resignation of B. Gresh Lattimore Jr. from the Town Celebrations Committee effective immediately. DOCUMENTS: Resignation Letter - B.G. Lattimore Jr. 4. Application: Battle Green Permit – Lexington Historical Society, Battle Green,0 Massachusetts Avenue  Annual Children's Reenactment of the Battle of Lexington To approve the request of the Lexington Historical Society to use the Battle Green on Wednesday, April 17, 2024 from 10:00am to 2:00pm for the purpose of their annual Children's Reenactment of the Battle of Lexington with a rain date of Thursday, April 18, 2024 with the same times and locations. DOCUMENTS: Diagram of Event - Children's Reenactment of the Battle of Lexington VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Consent Agenda items #1, 3, and 4. 2. Approve Collective Bargaining Agreement – Cary Memorial Library Staff Association (Local 4928, MLSA, AFT-Mass, AFL-CIO) Ms. Barry recused herself from this item. To approve the agreement between the Town of Lexington and the Cary Memorial Library Association, Local 4928, MLSA, AFT-Mass, AFL-CIO as negotiated. DOCUMENTS: Library Union Memo VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve Consent Agenda item #2. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Award Sale of General Obligation Bonds Ms. Kosnoff, Assistant Town Manager for Finance, explained that on Wednesday, February 7, 2024, the Town sold $9,530,000 of general obligation bonds. Moody’s conducted a review of the sale and rated the Bond Aaa which is the highest rating that can be obtained by a municipality. The 10-year bond was issued to finance the ongoing construction of several large projects including the Battle Green Streetscape, water and sewer infrastructure, and building improvements to schools and public facilities. Thirteen very competitive bids were submitted for the bonds. The bids, based on a calculation of the true interest cost (TIC), which takes into consideration the amount of the issue, coupon rate, underwriting discount and offering premium, ranged from a high of 2.32% to a low of 2.25%. The low bidder was Bancroft Capital, LLC, whose TIC of 2.25% included a premium of $1.214M. This premium was applied to reduce the par value of the issuance on the day of the sale, which resulted in a net resized issuance of $8,510,000. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0: We hereby determine, in accordance with G.L. c.70B, that the cost of each of the following school projects, each being financed with proceeds of a portion of the Bonds, together with all other bonds and notes of the Town previously issued to pay costs of each project, does not exceed the portion of the total cost of each project that is not being paid by each project’s respective school facilities grant, and we hereby approve the issuance of notes and bonds to finance each project under G.L. c.70B. Project Authorization Date Hastings School construction October 16, 2017 (Article 2) Lexington High School feasibility April 11, 2022 (Article 2) And Further: that the sale of the $8,510,000 General Obligation Municipal Purpose Loan of 2024 Bonds of the Town dated February 22, 2024 (the “Bonds”), to Bancroft Capital, LLC at the price of $9,624,557.81 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on February 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate 2025 $965,000 5.00% 2030 $765,000 5.00% 2026 $940,000 5.00% 2031 $760,000 5.00% 2027 $940,000 5.00% 2032 $760,000 5.00% 2028 $940,000 5.00% 2033 $760,000 5.00% 2029 $925,000 5.00% 2034 $755,000 5.00% 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 31, 2024, and a final Official Statement dated February 7, 2024 (the “Official Statement”), 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 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 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 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 Credit Opinion_2.7.2024, Lexington Bids_2.7.2024, Lexington Final Bond Results, Lexington Bonds_2.22.24, No Litigation Statement, Continuing Disclosure Statement, Tax Certificate 2. 2024 Annual Town Meeting  Presentation - ATM 2024 Article 31: Prohibit Single-Serve Plastic Water Bottles (Citizen Petition) Thomas Wanderer, Citizen Petitioner, updated the Board on Article 31: Prohibit Single-Serve Plastic Water Bottles. The proposal is to ban the sale of single use water bottles less than 1 liter within the town of Lexington. The purpose of this proposal is to prevent waste, degradation of the environment, etc. There are 24 other Massachusetts communities with similar bylaws in effect. Ms. Barry suggested that additional outreach to businesses be conducted prior to Annual Town Meeting. Mr. Lucente asked for clarification as to if the ban includes the sale of bottles and/or also the distribution of bottles. Mr. Wanderer stated that the proposals specifies the sale only. Ms. Hai suggested that the proposal be clear that there are multiple bottle filling stations within the Town. Mr. Sandeen expressed appreciation for this idea. He asked about enforcement on behalf of the Town. Mr. Malloy stated that this would likely be carried out by the Health Department during inspections.  Presentation - ATM 2024 Article 40: Integrated Pest Management Resolution (Citizen Petition) Marci Cemenska, Citizen Petitioner, updated the Board on Article 40: Integrated Pest Management Resolution. The Board discussed possible forms of resources to include with this petition.  Presentation - ATM 2024 Article 41: Massachusetts Bay Transportation Authority th It was noted that this item will be presented to the Board on March 4.  Presentation - ATM 2024 Article 42: Digital Publication of Legal Notices (Citizen Petition) Diane Pursley, Citizen Petitioner, updates the Board on Article 42: Digital Publication of Legal Notices.  Presentation - ATM 2024 Article 43: Voting Rights 16 and Older (Citizen Petition) Kunal Botla, Citizen Petitioner, updated the Board on Article 43: Voting Rights 16 and Older. Mr. Lucente and Ms. Hai expressed support for this petition. Ms. Barry asked that the Office of the Town Clerk be consulted regarding the additional amount of work this petition may create, if any. Mr. Botla explained that some municipalities use a system run by the Secretary of the Commonwealth to obtain the necessary information.  Presentation - ATM 2024 Article 45: Indigenous Peoples Day (Citizen Petition) Fran Ludwig, Citizen Petitioner, updated the Board on Article 45: Indigenous Peoples Day.  Select Board Article Discussion and Positions The Select Board took initial positions on the 2024 Annual Town Meeting articles. This list is a dynamic tracking list and Select Board positions may change as they receive additional details regarding the articles. Each Select Board meeting leading up to Town Meeting, the Board will review and update their positions as needed. # Article Name JP SB DL JH MS 3 Cary Lecture Series Y Y Y Y W 4 Appropriate FY2025 Operating Budget W W W W W 5 Appropriate FY2025 Enterprise Funds Budgets W Y W W W 6 Appropriate for Senior Services Program Y Y W W W 7 Sustainable Capital Projects W Y W Y W 8 Accept Tucker Ave. (Westernmost portion) Y Y Y Y W 9 Establish and Continue Departmental Revolving Y Y W W W Funds. 10 Appropriate the FY2025 Community Preservation Y Y Y Y Y Committee Operating Budget and CPA projects. a. Cary Memorial Library Renovation - $4M Y Y Y Y Y b. Archives and Record Management - $20,000 Y Y Y Y Y c. Park Improvements – Athletic fields – Bowman Y Y Y Y Y School - $545,000 d. Lincoln Park fitness stations equipment-$160,000 Y Y Y Y Y e. Park Improvements – Hardcourt Services – Y Y Y Y Y Valley Rd. - $492,000 f. Lincoln Park Field Improvements -$1,145,000 Y Y Y Y N g. LexHAB Support, Restoration, Preservation, and Y Y Y Y Y Decarbonization h. Lexington Housing Authority Exterior Y Y Y Y Y Preservation - $100,000 i. Affordable Housing Trust Funding - $3,200,000 Y Y Y Y Y j. Projected debt service - $681,200 Y Y Y Y Y k. Administrative budget - $150,000 Y Y Y Y Y 11 Appropriate for recreation capital projects W Y W W W 12 Appropriate for municipal capital projects and equipment a. Transportation mitigation Y Y W W W b. Heavy vehicle extrication equipment Y Y W W W c. Ambulance replacement Y Y W W W d. Equipment replacement Y Y W W W e. Sidewalk improvements Y Y W W W f. Hydrant replacement Y Y W W W g. Town wide signalization improvements Y W W W W h. Stormwater Management program Y Y W W W i. Cemetery Columbarium – design Y Y W W W j. Public Parking lot improvement program Y W W W W k. Network core equipment replacement Y Y W W W l. Municipal Technology Improvement Program Y Y W W W m. Network redundancy and improvement plan Y Y W W W n. Network technology improvements Y Y W W W o. Scanning – Electronic Document Management Y Y W W W p. Election equipment upgrade Y Y W W W q. Street Improvements Y Y W W W 13 Appropriate for water system improvements Y Y Y Y W 14 Appropriate for wastewater system improvements Y Y Y Y W 15 Appropriate for school capital projects and W Y W W W equipment 16 Appropriate for public facilities, capital projects a. Public facilities bid documents Y Y W Y W b. Public facilities interior finishes Y Y W Y W c. School paving and sidewalks Y Y W Y W d. Public facilities mechanical/electrical/plumbing Y Y W Y W replacement 17 Appropriate to post Employment Insurance W R W W W Liability Fund 18 Resend prior borrowing authorizations Y Y W W W 19 Establish, amend, dissolve, and appropriate to and W W W W W from specified 20 Appropriate for prior years unpaid bills W W W W W 21 Amend FY2024, operating, enterprise, and CPA W W W W W budgets 22 Appropriate for authorized capital improvements W W W W W 23 Appropriate opioid settlement Y Y Y Y Y 24 Appropriate funding for SemiQuincentennial Y Y Y Y Y Commission 25 Pine Meadows Clubhouse renovation W Y W W W 26 Appropriate for design funds for Lexington High Y Y Y Y Y School construction project 27 Appropriate for renovation of 173 Bedford St. Y W W W W 28 Select Board to accept easements Y Y W W W 29 Amend the general bylaw – noise control a. Construction noise Y W W W W b. Commercial gas leaf blower prohibition delay W W Y W W 30 Prohibit single use food containers. (Citizens IP IP IP IP IP petition) – IP 31 Prohibit single serve plastic water bottles (Citizens W W W W W petition) 32 Old Spring Street name change Y Y Y Y Y 33 Authorize Affordable Housing Trust to seek Y Y Y Y Y affordable housing 34 Amend General Bylaws – Tree Bylaw -Tree Y W Y Y Y Protection Plan. 35 Amend General Bylaws – Tree Bylaw – require Y W W Y Y mitigation plantings. 36 Amend General Bylaws -Tree Bylaw – Exemptions. Y W Y Y Y 37 Importance of trees Resolution (Citizen Petition) Y W W W Y 38 Amend regulation of fossil fuel infrastructure bylaw Y W W Y Y – meet department 39 Home rule petition to adjust the number of on-Y Y Y Y W premise wine and malt 40 Integrated Pest Management Resolution (Citizen Y Y Y Y Y Petition) 41 Massachusetts Bay Transportation Authority W W W Y W 42 Digital publication of Legal Notices (Citizen Y Y Y Y Y Petition) 43 Voting Rights 16 and Older (Citizen Petition) Y Y Y Y Y 44 Amend General Bylaws – Chapter 100, Public IP IP IP IP IP Ways, and Places (Citizen Petition) 45 Indigenous Peoples Day (Citizen petition) Y Y W Y Y th 46 Royal family invitation to 250 Celebration W Y Y W Y 47 Amended zoning bylaw -signs W W W W W 48 Amend zoning bylaw – Short Term Rentals. W W W W W 49 Amend zoning bylaw – permitted uses and W W W W W development standards. 50 Amended zoning bylaw – inclusionary housing for W W W W W Village and multifamily. 51 Amend zoning bylaw – maximum height for a W W W W W Village Overlay District. 52 Amend Zoning bylaw and map – Technical W W W W W corrections. 53 Amend zoning map – 507 Bedford St. (owner W W W W W petition) 54 Amended zoning map – 509 Bedford St. (Owner W W W W W petition) Positions as of 2/12/2024 DOCUMENTS: Art 31 Prohibit single-serve bottles motion, Art 40 integrated pest management motion, Art 40 integrated pest management slides, Art 42 digital publications motion, Art 42 digital publications slides, Art 43 voting rights motion, Art 43 voting rights slides, Art 45 Indigenous peoples day motion, Art 45 Indigenous peoples day slides, Select Board Working Document - Positions 2024ATM 3. Update and Review of Roundabout and Lighting Installation on the Battle Green Streetscape Project Ms. Barry recused herself from this item. John Livsey, Town Engineer, updated the Board on the Battle Green Streetscape Project. He reviewed the work that was accomplished during the 2023 construction season and the planned completion of this project during the 2024 construction season. He also addressed selected concerns raised by the abutter at 9 Hancock Street, such as those regarding lighting and a fence. Ms. Hai expressed concern regarding the design of the bike ramp access areas. These have the same tactile pads as the actual crosswalk entrances and exits. For someone with any visual impairment, if they encounter that tactile pad, they may be led to believe that this is a crosswalk area, but it is instead putting them directly into traffic. Mr. Livsey stated that, by the same token, the tactile pad is needed to notify visually impaired people that there is a roadway access point at these bike ramps. This design adheres to the standards for roundabout implementation per MUTCD. Ms. Hai requested that the Commission on Disability review the design. Mr. Lucente stated that he believes there should be a grass strip installed on the Bedford Street side of the Battle Green, to keep consistency with other grass strips around the sidewalks at the Battle Green. He also expressed concern regarding the brightness of the lighting proposed along the roundabout. Mr. Livsey stated that some dimming of the lights is being explored. This needs to be balanced with safety in the area. Blocking of the lights could be considered. Steve McKenna, 9 Hancock Street, expressed his objection toward the rotary. The rotary is loud, bright, faster traffic-wise, and has an urban feel. Dawn McKenna, 9 Hancock Street, noted that each member had visited the site with her and that she would keep her remarks focused. She explained that there are three sections in their lease with the Town. One is that each party agrees to maintain the areas in a neat and orderly manner, in recognition of the public and private purposes for which the respective areas of Buckman Park are and shall be held and used. She does not feel the Town is doing that. Section 12.2 guarantees a right of quiet enjoyment, and it reads that the tenant shall lawfully, peaceably, and quietly have, hold, occupy, and enjoy the leased premises during the term here rendered, without hindrance, or rejection by the landlord. This is also not occurring. All of the changes at this intersection have negatively impacted their right to quiet enjoyment. The Secretary of the Interior standards for treatment of historic properties with guidelines for preserving, rehabilitating, restoring, and reconstructing historic buildings states that the following is not recommended: “altering the relationship between the building and landscape features in the setting by widening existing streets, changing landscape materials, or locating new streets or parking areas where they may negatively impact the historic character of the setting; removing or relocating historic buildings or landscape features, thereby destroying the historic relationship between buildings and the landscape in the setting.” The Town did this when it removed the island in front of the house. The lease also has a requirement to preserve every rock dug up without permission from the HDC, which did not happen during construction. The big rock at the head of the island was removed and nobody knows what happened to it. One of the most sensitive items for the Battle Green Master Plan was the lighting. The design recommended “careful selection of a dark sky friendly features with a full cut off light source to enhance the nighttime experience of the Battle Green and not compete with the special lighting dedicated to illuminating the Minuteman Statue and the flagpole.” What was selected completely ignores that. There are now 46 lights in the Battle Green Master Plan area, replacing the original 13 lights. There are noise issues due to trucks hitting the apron and blaring their horns. There are eight vehicle entry and exits, plus the multiple pedestrian and bicycle entries. The increased length of the driveway has made the access into their home more difficult. Traffic backups still occur; instead of coming from Hancock Street, traffic now runs on both ends of Bedford Street. It is now difficult and unsafe for them to come in and out of the driveway. The new design directs people to ride their bike on the Battle Green, which is prohibited. It also directs people to ride on the sidewalk, which is also prohibited. No one ever contacted them about the lease, and there needs to be lease modifications, as the language of the lease defines responsibilities based on the location of the driveway, The Town changed that location. The Town also did all kinds of work on their property without getting HDC approval. The recommendation from Staff to make no changes is not surprising. However, it does not mean that it is the right thing for the Town, or for this National Historic Landmark, or them, the lease holders. It was impossible for anyone to understand the dramatic impacts the work would have on the Battle Green Master Plan area. It was never anticipated that the Battle Green streetscape work would change the Battle Green Master Plan work that had already been completed or was in progress. Nor could it be expected that decisions made since the public hearings or in the field would result in the changes that are inconsistent with the Battle Green Master Plan and are unacceptable. the Battle Green Master Plan explicitly envisioned returning extraneous areas to grass, to greatly improve the appearance. It also states that paths should only be located in areas where they are most needed and eliminated from areas where they are not useful. Instead, there are now signs and poles that sit in the middle of the pathway, which is a walking hazard. Some of the work completed does not meet the goals of the approved Master Plan. Some changes must be reconsidered, particularly changing the landscaping, and placing lights and electric boxes in a way that does allow for an unobstructed view of the historic assets. The project led to expanding the width of the sidewalks and removing grass when the goal was to reduce the size of the sidewalks and add more grass. The project used stone dust, which tracks into the historic buildings. Also, building the wall at the base of the belfry that matches Cary Library is not what was supposed to happen. This should have been the same coloring as the Minuteman Statue. Adding plantings to the roundabout will detract from the Battle Green itself, which was never the intent. Mr. Lucente asked for the McKenna’s top concerns they would like to see addressed. Mr. McKenna stated that the most major item would be to have the rotary removed. Ms. McKenna stated that the number one item for her is the safety concern of using the new sidewalk. Second is the lighting. In the long run, the only way to resolve these issues may be to remove the rotary. She would like the Board to allow DPW to work with them on certain issues as best as possible. In answer to a question from Mr. Sandeen, the McKennas confirmed that the primary safety concern about the crosswalk was falling down due to the sidewalk ramping up and down at the crosswalk. Mr. Sandeen stated that he would hope that the Town would support the McKennas through any HDC approval process regarding the proposed fence work. The Town Manager indicated that the Town would do that. The Board thanked the McKenna’s for their presence and agreed to continue discussion on this topic at a later date. Mr. Pato requested that Board members send their reflections on how to proceed to Mr. Malloy. Noting that while Mr. Malloy cannot take direction from individual members, Mr. Pato explained that this would help staff understand Board members’ individual concerns and structure future discussions. Ms McKenna expressed her concern that this communication may be in conflict with the Open Meeting Law and that she would like to see these messages. Mr. Pato replied that sharing of messages was at the discretion of each member. DOCUMENTS: Presentation The Board took a brief recess from 9:22pm – 9:27pm. Ms. Barry rejoined the meeting. Mr. Pato amended the order of the agenda to take up item 5 followed by item 4. 5. Approve FY2025 Recommended Budget and Financing Plan – The Board took up this item at this time. Ms. Kosnoff explained that this item seeks the Board's approval of the FY2025 Recommended Budget and Financing Plan as proposed by the Town Manager (the Brown Book). The Preliminary Budget th (White Book) was released on January 19 and was presented to the Board at Budget Summit III on th January 25. Since that time, Staff have incorporated changes based on comments from the Board, other stakeholder feedback, and new financial information including the following: Revenue:  Updated Free Cash from $16,500,000 to $17,032,132, as certified by the Department of Revenue  Revised State Aid based on the Governor's proposed budget/ preliminary Cherry Sheet (decrease in Chapter 70 from $60/student to $30/student, plus adjustments to other categories) Expenses:  Final Minuteman Regional High School Assessment for FY2025 as voted by the Minuteman School Committee  Revised Debt Service for General Fund, Water and Sewer Funds based on the February 7th bond sale  A reduction in the capital request to renovate 173 Bedford Street from $6.0 million to $4.2 million (remove all-electric heating system)  Adjustments to the capital financing plan based on the items above  Adjustments to recommended municipal Program Improvements based on Board feedback - remove Tyler Cashiering module and add consultant for General Liability Insurance.  A reduction in 'Unallocated' Free Cash set-aside from $1,000,000 to $955,166 to re-balance the budget. Ms. Kosnoff stated that the overall budget is still balanced and incorporates many of the Board’s goals and priorities, along with a few Program Improvement Requests. Regarding 173 Bedford Street, Mr. Sandeen stated that he believes the Town should be complying with the Board's goals to transition to 100% renewable energy and to be electrifying its buildings in moving forward. He is concerned about the proposal to change the capital request from $6M to $4.2M by removing an all-electric heating system. He prefers leasing if the swing space needs are expected to be less than 10 years. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the FY2025 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: FY2025 Recommended Budget - Program Summary, FY2025 Recommended Budget_Blackline from WB_2.9.24 4. Confirm FY2024-FY2025 Select Board Goals Mr. Pato explained that, at its February 5, 2024, meeting, the Board initially reviewed the collected Select Board's FY24-FY25 goals and proposed actions. The Board is now being asked to review and confirm the updated collected goal sets and proposed actions document. This document will be published to the Select Board webpage once confirmed. DOCUMENTS: Draft FY24 - FY25 Select Board goal sets and proposed actions, Draft FY24 - FY25 Select Board goal sets and proposed actions – redlined, Draft FY24-FY25 Select Board Goals to post to SB Webpage ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 9:55 p.m. A true record; Attest: Kristan Patenaude Recording Secretary