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HomeMy WebLinkAbout2025-09-08 SB-minSELECT BOARD MEETING Monday, September 8, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 8, 2025, via a hybrid meeting platform. Ms. Hai, Chair; Mr. Pato, Mr. Lucente, Mr. Sandeen, and Ms. Kumar, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Potential Litigation - Lexington High School Project 2. Exemption 3: Discuss Strategy with Respect to Collective Bargaining (LMEA, LMMA, Fire, Police Superior, and Crossing Guard Unions) VOTE: Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive Session 3 to discuss Strategy with Respect to Potential Litigation - Lexington High School Project and to discuss Strategy with Respect to Collective Bargaining (LMEA, LMMA, Fire, Police Superior, and Crossing Guard Unions) at 6:33pm. Further, the Chair declared that open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. Board returned to open session at 8:15pm PUBLIC COMMENTS Jim Williams, 8 Stratham Road, stated that, regarding the high school project, he feels the outcome of the current legal challenge to Bloom is irrelevant to the choices the Town is facing. He expressed concern that Bloom design cannot be built because the Town has feasible alternatives to building on the park and playground. Peter Kelley, 24 Forest Street, stated that he is funding legal work to understand the exact history of the fields included in the proposed location for a new High School building. Augustus Scott, in 1910, was the first to start an effort to organize the park with a swimming hole. Mr. Scott gifted land, what is now considered to be the park and playground area, to the Town. There was a contract made between Augustus Scott and the Town of Lexington that, in receiving the land, it would always be park and playground land, and Mr. Kelley feels that contract cannot change. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Nothing additional at this time. DOCUMENTS: Liaison Reports-Joe Pato-2025-08-18 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that the Town received a letter from McGregor Legere & Stevens PC on August 14th regarding the topic previously mentioned by Mr. Kelley. Town Counsel does not agree with the positions within that letter and a draft letter on this will be circulated to the Board. This Friday will be a celebration marking the 10th Anniversary of the Lexington Community Center. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Communications Advisory Committee (CAC) Update: Verizon License Renewal Process Ken Pogran, CAC Chair, explained that the Verizon Cable License is due to expire on October 30, 2026. Verizon is one of three cable television providers in Lexington. The Verizon license is rather unique in that all of the other cable licenses have been for 10 year terms. Verizon got a 15 year initial license in 2006 and five years ago, when their license came up for renewal, they specifically requested only a five year renewal term. The Select Board is the issuing authority for cable television licenses. The Communications Advisory Committee conducts the license renewal process on behalf of the Town. The proposed contract will likely carry over the proposed five year term and a provision that Verizon insisted on five years ago, their ability to terminate the license early after providing appropriate notice for the Town. The Committee plans to ask Verizon for additional HD PEG channels and a large grant for PEG capital. The Board thanked Mr. Pogran and the CAC for all of its work. DOCUMENTS: Update on Verizon Cable License Renewal Process 2. Approve: Donation and License Agreement Between Lexington Pickleball Club and Town of Lexington Ms. Hai explained that the Lexington Pickleball Club (“LPC”) requested permission from the Recreation Committee to pursue making enhancements to the tennis courts at Adams Park, through the form of a gift to the Town. The Recreation Committee voted unanimously on May 21, 2025, to “recognize the continued collaboration with the LPC and approve LPC to proceed with Option B in the relining presentation, as presented, for the relining of the pickleball lines at the Adams Courts with construction to take place during the 2025 season. The attached memo/presentation and Donation and License Agreement provide an overview of the implementation and management of this gift. With the attached Donation and License Agreement, the Town is authorizing the Lexington Pickleball Club, at the Pickleball Club's own cost, to proceed with adjustment of the fence and the painting of pickleball court lines on the existing surface of the tennis courts at Adams Park. Town Counsel has reviewed this agreement. At a future date, as defined in the agreement, the Select Board will vote to formally accept the donation. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve and authorize the Town Manager to sign and execute the Donation and License Agreement between the Lexington Pickleball Club and the Town of Lexington. DOCUMENTS: 2025.09.08 Select Board Request - Adams Donation, 2025.09.08 Lexington Pickleball Club Proposed Donation Memo/LPC Adams Relining Presentatio, Adams Park Courts LPC Donor License Agreement 3. Joint Meeting: Select Board, Appropriation Committee & Capital Expenditures Committee Review: Capital Financing Plan for Debt Exclusion Projects Present for the Appropriation Committee (AC): Mr. Padaki, Vice Chair; Mr. Levine; Mr. Michelson; Mr. Ahuja; Ms. Verma; and Ms. Yan Present for the Capital Expenditures Committee (CEC): Mr. Lamb, Chair; Ms. Beebee; Mr. Boudett; Ms. Rhodes; and Mr. Rubenstein Carolyn Kosnoff, Assistant Town Manager for Finance, presented an update of the financing plan and taxpayer impact for the LHS Building Project. Out of the total cost of the project, the Town will bond approximately $547M. The remainder of the project will be funded through an MSBA grant and a small contribution for the lab program. The Mass SAVE rebates are not incorporated at this time. In February 2026, approximately $20M will be bonded. This is the amount believed to be reimbursed for the MSBA grant. This project is planned to be financed on a level payment structure over 30 years. The first bonds in February 2026, February 2027, February 2028, and February 2029 are all anticipated to be level payment at 30 years. The February 2030 bond is estimated at approximately $56M, modeled as a 15 year bond. The primary reason for this is that not all components of the building will have a life of 30 years. A 4% rate is estimated for the bond, though this may not necessarily be the coupon rate every year. Mr. Michelson (AC) asked when the MSBA payments will start to be received. Ms. Kosnoff stated that the project team will submit reimbursement requests for eligible expenses to the MSBA. MSBA has already been reimbursing for this project, and this will continue throughout.Mr. Michelson asked if the first bond issue will cover the architectural costs and items that occur prior to that start of construction. Ms. Kosnoff stated that, if the debt exclusion vote passes and the project moves forward as planned, the bond in February will cover all of the costs that have happened to date, including the feasibility study and all of the design work. It will also be expected to cover the work that will occur until the end of the fiscal year. The anticipation is that another a bond anticipation note will then be issued to cover the spending for the next fiscal year. Mr. Lucente stated that, in June 2027, it seems that there will be $78M borrowed. He asked if less will be borrowed, as the Capital Stabilization Fund will be used to fund it, or if the Town will be borrowing the amount and then paying it back. Ms. Kosnoff stated that the Town will be borrowing the amount and paying it back.The Capital Stabilization Fund will be paying down the tax rate at whatever the debt service of the project will be. There will not be a principal payment on that. There will only be interest. Mr. Padaki (AC) stated that the project has roughly a 10% contingency built into it. As the construction drawing documents are drawn up, the contingency begins to get smaller, and he asked if there is a way to reflect that in the spreadsheet. Ms. Kosnoff stated that the assumption is that every dollar of the contingency will be spent, though this will be an evolving process. There was a request to have a link to the assessed value of properties available through the proposed calculator, and that the calculator be promoted to the public. Ms. Verma (AC) asked if increasing property values was taken into account for the calculator. Ms. Kosnoff stated that the calculator does not take into account an increase in home values. It assumes over the life of the model that home values stay the same. Taylor Singh, 40 Hancock Street, made suggestions regarding the graphs and tables to make them clearer for the public. Dawn McKenna, 9 Hancock Street, asked about the policy decisions being made, and if they were made by staff or the Board. Ms. Hai stated that she believes the Board had this conversation at one of the recent finance summits. There was consensus at the summit to have Ms. Kosnoff proceed under these assumptions. The groups had discussed how to deploy the Capital Stabilization Fund and the level payment versus level principal. Olga Guttag, 273 Emerson Road, expressed concern regarding the increase to property taxes due to the Town’s capital needs. She asked if it would be possible to produce a similar model showing the operating budgets over the next number of years. The AC and CEC adjourned their respective committees at 9:33pm. DOCUMENTS: LHS Debt and Taxpayer Impact, LHS Project Taxpayer Calculator 4. Discussion: Proposed Select Board FY26-FY27 Goals The Select Board continued its discussion on the development of their FY26–27 goal areas and performance goals. This conversation follows up on the Board’s initial work during its July 17, 2025 work session, where members began identifying priorities and key areas of focus. The Board agreed to send comments on this document to staff for review by the full Board. DOCUMENTS: Working Draft of Select Board Performance Goals 2025-2027 5. Approve: Town Manager Review Process Ms. Hai stated that, at the July 7, 2025 meeting, the Board began discussion of the Town Manager review process, considering the format and evaluation criteria, and established the following general timeline for the annual review and performance evaluation: By end of summer: Finalize the evaluation process and form September–October: Conduct the evaluation process (self-evaluation, Board input, collation) By November: Complete and deliver the final review and feedback At the August 4, 2025, Board meeting, a proposed evaluation form was discussed and distributed post meeting to the Board for any edits. No suggested edits were submitted. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Town Manager evaluation form and process, as presented. DOCUMENTS: Proposed Performance Evaluation Form, Proposed Performance Evaluation Process 6. Update: Committee Member Training The Board heard an update regarding the Board and Committee Bootcamp being held on October 4, 2025, from 8:00am - 11:30am in Battin Hall. This training is being designed as an interactive seminar to strengthen the work of boards and committees. Practical tips and tools and best practices will be provided in the areas of: Serving with Integrity and Effectiveness Navigating Lexington’s System of Government and Collaborating Across Committees Leading Inclusive and Productive Meetings DOCUMENTS: Draft Agenda Board & Committees Bootcamp 7. Consideration: Removal of Tree Committee Member for Violating Guidelines for Civil Discourse in the Board/Committee Handbook This item was not taken up at this time and may be rescheduled at a future date. CONSENT AGENDA 1. Approve: License for Public Entertainment on Sunday - Lexington Community Farm, 52 Lowell Street Annual Harvest Festival: Sunday, October 5th, 2025 Move to approve a Sunday Entertainment License for Lexington Community Farm for the purpose of providing live music for patrons of the annual 'Harvest Festival' on Sunday, October 5, 2025 from 1:00pm -4:00pm at 52 Lowell Street. 2. Approve: One-Day Liquor License - Lexington Community Farm, 52 Lowell Street Annual Harvest Festival: Sunday, October 5th, 2025 Move to approve a One-Day Liquor License for the Lexington Community Farm for the purpose of serving beer in a beer garden at the Lexington Community Farm, 52 Lowell Street to participants of the Harvest Festival on Sunday, October 5, 2023 from 1:00pm to 4:00pm. 3. Approve: Select Board Committee Reappointments This item was pulled for a separate vote. 4. Accept: Select Board Committee Resignations Town Celebrations Committee - William Glen Bassett Semiquincentennial Commission - Jane Hundley To accept the resignation of William Glen Bassett from the Town Celebrations Committee and Jane Hundley from the Semiquincentennial Commission, effective September 30, 2025. DOCUMENTS: 2025.08.14 William Glen Bassett - Town Celebrations Committee_Redacted; 2025.07.10 Jane Hundley - Semiquincentennial Commission 5. Approve: Proclamations Daughters of the American Revolution (DAR) Constitution Week Domestic Violence Awareness Month Dyslexia Awareness Week Suicide Prevention Month To approve and sign a proclamation annually recognizing the month of October as Domestic Violence Awareness Month & Dyslexia Awareness Month. To recognize the month of September as Suicide Prevention Month and the week of September 17-24, 2025 as DAR Constitution Week in the Town of Lexington. DOCUMENTS: 09082025 DAR Constitution Week Proclamation, 09082025 Domestic Violence Awareness Month Proclamation, 09082025 Dyslexia Awareness Month Proclamation, 09082025 Suicide Prevention Month Proclamation 6. Approve: Select Board Minutes To approve and release the following minutes: June 30, 2025 Joint Meeting July 21, 2025 Select Board August 4, 2025 Select Board August 18, 2025 Select Board DOCUMENTS: DRAFT 06302025-Joint SB-SC Minutes, DRAFT 07212025 Select Board Minutes, DRAFT 08042025 Select Board Minutes, DRAFT 08182025 Select Board Minutes 7. Approve: Water and Sewer Adjustments Move to approve the consent. DOCUMENTS: WSAB Jul 17,2025 8. Approve: Select Board Report for FY25 Annual Town Report To approve the Select Board Report, as proposed, for the Fiscal Year 2025 Annual Town Report, and further to authorize the Chair and/or Executive Clerk to make any necessary final editorial corrections and insert any missing dates or figures as needed. DOCUMENTS: DRAFT FY 2025 Select Board Report, redlined DRAFT FY 2025 Select Board Report - edits since 8-18-25 version 9. Approve: Updated Pledge of License and Inventory Document for the Liquor License Transfer Application - Neillio's Wine and Spirits, 55 Bedford Street To approve 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits submission of the required updated paperwork to be sent to ABCC for ABCC's reconsideration of 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits Package Store Liquor License transfer application. DOCUMENTS: updated Pledge of License and Inventory document VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda #1, 2, and 4-9, as presented. CONSENT AGENDA 3. Approve: Select Board Committee Reappointments Mr. Pato recused himself from this item. Board of Appeals - Martha C. Wood Board of Appeals Associates: o Jeanne K. Krieger o Patricia S. Nelson o Katheryn A. Roy o Thomas Shiple o Jennifer L. Wilson Communications Advisory Committee: o David J. Buczkowski o Kenneth T. Pogran o Rita Vachani Design Advisory Committee o Ian Adamson o Hema Bhatt o Christopher A Johns o Minhaj Kirmani o Danit Netzer o Steven A Vincent Economic Development Advisory Committee o Samuel Ang o Mitch Tyson Fence Viewers: o David E. Burns o Dawn E. Mckenna Greenways Corridor Committee: o David M. Frohman o Keith Ohmart o Stephen S. Perkins o Michael Tabaczynski Housing Partnership Board: o Nanette M. Byrnes o Harriet J. Cohen o Margaret Heitz o Ravneet Grewal Lexington Bicycle Advisory Committee: o David Armstrong o Sarah Anne Hews Lexington Center Committee: o Jeffrey L. Lyon o Jonathan Wheeler Wakelin Lexington Council for the Arts: o Lisa Hebert o Claudia A. Lach Lexington Human Rights Committee - Rachel K. Levy Lexington Scholarship and Education Fund Committee: o Julie Hackett o Raquel Leder Sustainable Lexington Committee: o Cynthia E. Arens o Andrew S. Joynt o Todd A. Rhodes Tourism Committee: o Melissa Robbins Clifford o Margaret E. Coppe o Gardy Desrouleaux o Bebe H. Fallick o Marie-Tristan Rago Town Report Committee: o Gloria A. Amirault o Beverly Liu o Susan H. Myerow o Ragan Robertson o Vicky Sax o Karyn Zhao Transportation Advisory Committee: o Pamela B. Lyons o James Luker Tree Committee - Rachel Summers Vision for Lexington Committee - Margaret E. Coppe Water and Sewer Abatement Board - Loren Wood To reappoint the board and committee members with term expirations as indicated on the attached list titled 2025 September Board Committee Reappointments to be effective on October 1, 2025. DOCUMENTS: 2025 September Board Committee Reappointments VOTE: Upon motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda #3, as presented. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:03p.m. A true record; Attest: Kristan Patenaude Recording Secretary