HomeMy WebLinkAbout2019-02-11 BOS-min
February 11, 2019
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SELECTMEN'S MEETING
Monday, February 11, 2019
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
February 11, 2019 in the Selectmen’s Meeting Room of the Town Office Building. Present were
Selectmen Ms. Barry, Chair; Mr. Pato; Mr. Lucente; and Ms. Hai. Also present were Mr. Malloy,
Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Siebert, Recording Secretary.
Selectmen Concerns and Liaison Reports
Ms. Barry:
The Planning Board has cancelled the Comprehensive Plan meeting scheduled tomorrow,
February 12, 2019, due to the impending storm. The meeting will be rescheduled on a
date to be determined.
Mr. Lucente:
A Public Hearing of the ad hoc Crematory Study Committee was held on February 7,
2019 with 25-30 people in attendance. Mr. Lucente will share public feedback with the
Board at an upcoming meeting.
Town Manager Report
Town has made an offer of employment to a new Human Services Director. The contract
should be official in the coming days.
Finalists for the Planning Director position have been interviewed.
Finalists for the Health Director will be interviewed on February 12, 2019.
The Fire Chief search committee will meet on February 16, 2019 to begin to narrow the
candidate pool.
Lexington received a $37,500 grant to develop a municipal climate change vulnerability
and hazard mitigation plan.
There have been nine water main breaks so far this winter. Causes were lack of snow
cover and temperature swings.
Last week, the Senior Management Team participated in diversity and recruitment
training sessions.
The DPW staff will participate in OSHA-10 training.
The Town has submitted a grant application to offset part of the cost of installing
additional Electric Vehicle (EV) stations in the Center parking areas.
The National Park Service has informed the Town that it will begin to charge a $5.00 per
person commercial use authorization fee. This affects the Liberty Ride and will cost
approximately $58,000 a year, based on past visitor volume. The cost would have to be
added to the National Historic Visitors Center budget. Mr. Malloy will meet with the
Director of Minuteman Park to discuss the situation.
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The solar RFP has been issued and a vendor has been selected. Town staff will provide
an update to the Board of Selectmen and ask for authorization to move ahead.
Mr. Malloy will work to schedule a joint QPR mental health education training session
for the Board of Selectmen and the School Committee.
Approve Sale of Bonds and Notes
Carolyn Kosnoff, Assistant Town Manager for Finance, reported that on Wednesday, February 6,
2019 the Town offered for sale approximately $57.4M of municipal bonds and $8.5M of short-
term notes. The proceeds of these items will finance a variety of municipal projects which
include:
Hastings Elementary School- $27M
Fire Headquarters- $12.6M
Lexington Children’s Place- $9M
Clarke & Diamond Middle Schools- $2.5M
LPS Technology $1.3M
Eleven competitive bids for the bonds and 5 competitive bids for the notes were received. The
low bidder for the bonds is Mesirow Financial, with a True Interest Cost (TIC) of 3.21%
including a premium of $3.1M. The resized Par Value of the bonds, net of issuance costs
and underwriter's discount, is $54.6M. The low bidder for the notes is TD Securities with a Net
Interest Cost (NIC) of 1.77% and a premium of $102,967.
In preparation for the sale, the Town's bond and note ratings were reaffirmed with Moody’s
Investors Services. The Town's bond rating remains AAA and the note rating MIG-1.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and confirm
the sale of the $54,645,000 General Obligation Municipal Purpose Loan of 2019 Bonds of the
Town dated February 14, 2019 (the “Bonds”) to Mesirow Financial, Inc. at the price of
$57,634,704.70 and accrued interest. 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:
Interest Interest
Year Amount Rate Year Amount Rate
2020 $2,690,000 5.00% 2033 $1,650,000 4.00%
2021 2,655,000 5.00 2034 1,655,000 3.00
2022 2,655,000 5.00 2035 1,650,000 3.00
2023 2,580,000 5.00 2036 1,650,000 3.125
2024 2,165,000 5.00 2037 1,650,000 3.125
2025 1,890,000 5.00 2038 1,635,000 3.25
2026 1,885,000 5.00 2039 1,630,000 3.375
2027 1,875,000 5.00 2040 1,630,000 3.375
2028 1,875,000 5.00 2041 1,630,000 3.50
2029 1,875,000 4.00 2042 1,630,000 3.50
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2030 1,650,000 4.00 2045 4,890,000 3.50
2031 1,650,000 4.00 2049 6,250,000 3.625
2032 1,650,000 4.00
And Further: that the Bonds maturing on February 1, 2045 and February 1, 2049 (each a “Term
Bond”) shall be subject to mandatory redemption or mature as follows:
Term Bond due February 1, 2045
Year Amount
2043 $1,630,000
2044 $1,630,000
2045* $1,630,000
*Final Maturity
Term Bond due February 1, 2049
Year Amount
2046 $1,630,000
2047 $1,630,000
2048 $1,610,000
2049* $1,380,000
*Final Maturity
And Further: to approve the sale of $8,371,300 General Obligation Bond Anticipation Notes of
the Town dated February 15, 2019 and payable February 14, 2020 (the “Notes”) to TD Securities
(USA) LLC at par and accrued interest plus a premium of $102,966.99.
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 30, 2019, and a
final Official Statement dated February 6, 2019 (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 in connection with the marketing and sale of the Notes, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated January 30, 2019, and a
final Official Statement dated February 6, 2019 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 Bonds shall be subject to redemption, at the option of the Town, upon such
terms and conditions as are set forth in the Official Statement.
And Further: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized
to execute and deliver continuing and significant events disclosure undertakings in compliance
with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which
undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the
benefit of the holders of the Bonds and Notes from time to time.
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And Further: that we authorize and direct the Treasurer to establish post issuance federal tax
compliance procedures in such form as the 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 Notes.
And Further: that each member of the Board of Selectmen, 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.
Lexington High School Statement of Interest
Dr. Julie Hackett, Superintendent of Schools; and Mike Cronin, Facilities Director, asked the
Board of Selectmen to approve submittal of a Statement of Interest (SOI) document to the
Massachusetts School Building Authority (MSBA). The submittal, anticipated late February, will
begin the design and construction funding process of a new or renovated High School. The SOI
application must be approved by the School Committee, the Superintendent, Board of Selectmen,
and Town Manager prior to submittal.
The 47-page SOI document has been created over the last few months by Mr. Cronin’s team. Dr.
Hackett acknowledged the work of the School Master Planning Committee in this effort as well.
The process includes making the case for the need and identifying which of the MSBA-provided
“Priorities” are applicable to Lexington. If Lexington receives a green light from the MSBA, a
year-long MSBA-guided process would determine the final project and cost-sharing profile.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the
following:
“Resolved: Having convened in an open meeting on February 11, 2019 prior to the SOI
submission closing date, the Board of Selectmen of Lexington, Massachusetts, in accordance
with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to
the Massachusetts School Building Authority the Statement of Interest Form dated January 29,
2019 for the Lexington High School located at 251 Waltham Street which describes and explains
the following deficiencies and the priority category(s) for which an application may be submitted
to the Massachusetts School Building Authority in the future:
PRIORITIES
1. Replacement or renovation of a building which is structurally unsound or otherwise in a
condition seriously jeopardizing the health and safety of school children, where no alternative
exists.
2. Elimination of existing severe overcrowding.
3. Prevention of the loss of accreditation.
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4. Prevention of severe overcrowding expected to result from increased enrollments.
5. Replacement, renovation or modernization of school facility systems, such as roofs, windows,
boilers, heating, and ventilation systems, to increase energy conservation and decrease energy-
related costs in a school facility
7. Replacement of or addition to obsolete buildings in order to provide for a full range of
programs consistent with state and approved local requirements.
And, hereby further specifically acknowledges that by submitting this Statement of Interest
Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the
approval of an application, the awarding of a grant or any other funding commitment from the
Massachusetts School Building Authority, or commits the City/Town/Regional School District to
filing an application for funding with the Massachusetts School Building Authority.”
2019 Annual Town Meeting
Presentation: Citizen’s Petition article: Sustainability Director
Presentation: Citizen’s Petition article: Funding for Sustainability Actions
Ricki Pappo and Marcia Gens, Petitioners/Lexington Global Warming Action Coalition
members, proposed two articles that are together intended to help Lexington meet the goals of
the Sustainability Action Plan. Ms. Pappo reported that, at the present time, both
articles/motions are being rewritten. The articles have been approved by Sustainable Lexington
and the future support of additional boards and committee is anticipated.
Ms. Hai said she has reservations about establishing a dedicated fund for sustainability actions
since many projects include sustainability elements that require investment. She said she would
welcome more information and hard numbers from peer communities that have hired
Sustainability Directors.
Mr. Pato said it is not the purview of the Board to direct how the Town staffs. Instead, the Board
establishes goals that may require a staffing component; he would support a Town Manager
proposal to hire Sustainability Director as a way of meeting Town/Selectmen goals. Mr. Pato
believes that Lexington’s sustainability initiatives have grown to the point where they exceed
volunteer capacity; the return on the investment for a Director’s salary is likely to be paid back
through grant acquisition. Mr. Pato believes there should be better transparency so that the
community is made aware of costs saved/revenues received through sustainability efforts;
however, he emphasized that future investment should not be limited by how much money is
saved or generated.
Mr. Lucente is happy that the two articles will be in the form of resolutions. He said one of the
benefits of having a Director or Coordinator is that there would be a point person dedicated to
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providing community sustainability education. Mr. Lucente said it would be beneficial to
understand more about the Town’s sustainability saving/revenue efforts.
Noting that the articles and motions are being reworked, Ms. Barry recommended these two
articles come back before the Board again in early March.
David Kanter, Capital Expenditures Committee, said CEC does not generally advocate
establishment of separate funds for specific purposes but he suggested that a small fund might be
created by appropriation so that initiatives that arise do not require waiting for Town Meeting.
Presentation: Citizen’s Petition article: Implement Outcomes-Based Approach to Town
Building Projects
Dan Voss, Petitioner, proposed that the Town vote to implement an outcome based, high
performance building standard for operation of all existing/new Town building/renovation
projects; and requested the Selectmen and School Committee to adopt an outcomes-based, high
performance building policy for existing Town buildings and all new building and renovation
projects. Mr. Voss believes that the current public building process can lead to frustration when
suggestions or recommendations come too late to have an affect on the final product.
Ms. Hai said that the proposal ties in well with the newly approved Sustainable/Integrated
Building Policy that is being worked on. Mr. Voss said the Sustainable/Integrated Building
Policy is a good first step but does not address the process or the need for outcomes to be agreed
to, up front. He believes the Sustainable Building Policy should contain outcomes-based
elements and that it should be reviewed more frequently than every three years.
Mr. Pato said he believes Mr. Voss’ article could be an integral part of the Sustainable/Integrated
Building Policy but he does not yet see how such a motion might appropriately be worded for
Town Meeting discussion. He advised that the article/motion for this article be clear and specific,
and preferably a high-level expression of community values. Mr. Pato believes process document
would provide better access to the transparent process that already exists but is nonetheless
difficult for residents to track.
Ms. Barry said she understands Mr. Voss’ frustration with the long Sustainable Building Policy
process. Now that one is close to being approved, she asked what Mr. Voss would like Town
Meeting to do. Mr. Voss say he wants Town Meeting to require that an outcomes-based
approach be developed/adopted.
Mr. Lucente said he believes there is a lot of room for improvement in how public input can be
integrated into the public building process. He asked that Mr. Voss include specifics for the
article, such as what “outcomes” means and what the elements of the outcome would be. Mr.
Lucente noted that the public building process takes a long time and it is hard to know so far in
advance what technology should be considered. Mr. Lucente believes existing buildings should
be included in an outcomes-based process.
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Mr. Malloy suggested that Lexington might benefit from using the State’s Mass Energy Insight
measuring tool to calculate carbon footprints.
David Kanter, Capital Expenditures Committee, said he believes the proposed article is
superfluous now that the Town is close to approving an Integrated/Sustainable Building Policy.
Mark Sandeen, Sustainable Lexington Committee, said the difference between the
Integrated/Sustainable Building Policy and what Mr. Voss proposes is the piece about how to
manage existing buildings.
Presentation: Citizen’s Petition article: Amend Article III of Chapter 118
Matt Daggett, Petitioner, proposed a procedural amendment in how Town Meeting conducts
business. The approach would ensure that at a modest amount of debate would take place before
a question is called and would be subject to Town Moderator control.
Ms. Hai asked if there would be a time restriction or limit to the number of comments allowed.
Mr. Daggett proposed a minimum amount of time, left to the Moderator’s discretion. Having
discussed the article with the Moderator, Mr. Daggett senses she would be in favor of
mechanisms that provide flexibility, although she did not commit her support of the article.
Mr. Pato advised that the article should be worded in a way that provides procedural clarity.
Noting the procedural complications at the 2018 Special Town Meeting, Mr. Lucente asked how
other towns have handled subsidiary motions. Mr. Daggett said he has done some study but
found that each set of bylaws controlling Town Meeting are distinct for the towns they were
written for.
David Kanter, Precinct 7 Town Meeting member, said that any change to how Town Meeting
conducts itself must provide equitable application. He believes Town Meeting membership
should retain control over calling the question but the Town Moderator should have final say if
debate is open or closed. Mr. Kanter believes occasional anomalies/complications do not require
bylaw changes.
After the article text has been reviewed/edited by Town Counsel, Mr. Daggett will forward the
amended document to the Selectmen’s Office and schedule a date to come back before the
Board.
The Board took a five-minute recess until 9:10 p.m.
Board Discussion Review of Articles
No questions/concerns were expressed.
Continue Discussion FY2020 Preliminary Budget and Financing Plan
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Mr. Pato requested that the plan to use fees to fund the Westview Cemetery project be included
in the pre-Town Meeting presentation to Selectmen. Mr. Lucente concurred, adding that the ad
hoc Crematory Study Committee is also interested in clarifying the use of fees. He believes this
information about fees should also be included in the presentation to Town Meeting.
The Board discussed scheduling a Financial Summit after Town Meeting 2019 to consider how
to address New Growth, Free Cash and whether to tax to the full extent possible.
Mr. Pato asked the Board to discuss the OPEB allocation of $1.879M. Ms. Barry recused herself;
Mr. Lucente acted as Chair.
Ms. Hai asked if there were any ramifications of delaying all or part of the allocation until the
2019 Special Town Meeting in the fall Mr. Malloy said that since the Town has just executed a
Bond rating, delay would be acceptable; however, moving OPEB in and out of the budget might
be a red flag for the bonding agencies.
Mr. Pato said he would like the Board and financial committees to review the reasons for
handling OPEB allocations in the way they have been. Waiting to dedicate funds to OPEB would
provide the Town with some flexibility to cover unexpected expenses and provide time to
reinforce/revisit the OPEB policy. Generally, Mr. Pato felt that shifting OPEB allocations to the
fall might be beneficial.
Mr. Lucente said he believes that normalizing the OPEB policy/allocation timing is preferable.
Mr. Malloy will add a discussion of the OPEB policy to the Board’s agenda for Friday, February
22, 2019, when the FY2020 budget will be voted.
Ms. Barry joined the meeting as Chair.
Town Manager Appointment and Reappointment
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town
Manager's reappointment of Sudhir Kumar Jain to the Council on Aging for a term to expire
May 31, 2022.
Upon motion duly made and seconded, the Board voted 4-0 the appointment of Francesca
Pfrommer to the Community Center Program Advisory Committee for a term to expire May 31,
2020.
Consent Agenda
Approve One-Day Liquor Licenses
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a one-day
liquor license request from Lexington Symphony to serve beer, wine and champagne Saturday,
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February 16, 2019 from 9:30 p.m. until 11:00 p.m. for the purpose of the Post Concert Reception
being held at the Munroe Center for the Arts, 1403 Massachusetts Avenue.
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a one-day
liquor license request from Impact Melanoma to serve wine for the purpose of the Manicure for
Melanoma fundraiser being held Thursday, March 7, 2019 from 4:00 p.m. until 10:00 p.m. at
Mini Luxe, 1718 Massachusetts Avenue.
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a one-day
liquor license request from St. Brigid Church to serve beer and wine for the purpose of their Irish
Night event being held Saturday, March 16, 2019 from 6:00 p.m. until 11:00 p.m. at Keilty Hall,
1981 Massachusetts Avenue.
Town Celebrations Committee Request—Approve Sending Sponsorship Letters
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request
from the Town Celebrations Committee to approve/send sponsorship letters for the Patriots Day
Parade as presented.
Approve and Sign Proclamation—Lex Eat Together
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign a
proclamation for Lex Eat Together as presented.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 9:29 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary