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HomeMy WebLinkAbout2026-08-31 SB-min SELECT BOARD MEETING Monday, August 31, 2026 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, August 31, 2026, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Kumar, Vice Chair; Ms. Hai; Mr. Lucente, and Mr. Sandeen were present, as well as Town Manager, Mr. Bartha; Deputy Town Manager, Ms. Axtell; and Executive Assistant, Ms. Katzenback. PUBLIC COMMENT Carol Sacerdote, 15 Loring Road, announced National Neighborhood Day, which will be celebrated this th year on September 19. National Neighborhood Day was created to bring neighbors together, not around politics or any cause, but simply to get to know one another. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Pato also reviewed the upcoming events planned for National Neighborhood Day. DOCUMENTS: 2026-08-31-Email-Summary.pdf; Liaison Reports-Joe Pato-2026-08-31.pdf; Celebrate National Neighborhood Day_Join TMMA 4 Fall 26 Precinct Block Parties_mtg.pdf 2. Lexington High School Project Update to Board Mr. Pato stated that this past Thursday, the MA Department of Environmental Protection conducted a site visit as part of the appeal process of the Conservation Commission's Order of Conditions. This event was well attended by staff and residents. The review was conducted by the DEP Wetlands Program Section Chief, who remarked that they had never conducted a site walkthrough that was so heavily attended. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that the Police Department is aware of and working on concerns regarding safe e-bike and scooter usage. Education and outreach on the topic are ongoing. Mr. Sandeen noted that the Bicycle Advisory Committee has been taking this issue up at meetings for the past number of months. The Committee recommends only using the term e-bikes for electric bicycles that are limited in terms of the speed at which they can operate versus electric motorcycles or ‘e-motos’ that are not speed limited. The Committee has also met with the School Superintendent and staff to develop educational training programs for students. CONSENT AGENDA 1. Approve: Battle Green Use Request - Lexington Minute Men  2026 Change of Command Ceremony: Saturday, October 3, 2026 To approve the request from Lexington Minute Men to use the middle of the Battle Green on the Harrington Road side by the flagpole on Saturday, October 3, 2026 from 12:00pm to 4:00pm for the purpose of their 2026 Change of Command Ceremony. 2. Approve: One-Day Liquor License - LexFarm, 50 Lowell Street  2026 Harvest Festival: Sunday, October 4, 2026 To approve a One-Day Liquor License for LexFarm to serve beer in the Beer Garden located by their greenhouse at 50 Lowell Street for their 2026 Harvest Festival on Sunday, October 4, 2026 from 1:00 pm to 4:00 pm. DOCUMENTS: 2026_lexfarm_layout_and_procedures_Mon_Aug_17_2026_15-10-14.pdf 3. Approve: Sunday Public Entertainment License - LexFarm, 50 Lowell Street  2026 Harvest Festival: Sunday, October 4, 2026 To approve a License for Public Entertainment on Sunday for LexFarm for the purpose of providing a live band during the 2026 Harvest Festival on Sunday, October 4, 2026. The live musical performance will take place on their field at 50 Lowell Street, from 1:00pm to 4:00pm. 4. Approve: Entertainment License - LexFarm, 50 Lowell Street  2026 Harvest Festival: Sunday, October 4, 2026 To approve an Entertainment License for LexFarm for the purpose of a live band during the 2026 Harvest Festival on Sunday, October 4, 2026. The live musical performance will take place on their field at 50 Lowell Street, from 1:00pm to 4:00pm. 5. Approve and Sign: Proclamations  DAR Constitution Week Proclamation - September 17-23, 2026  Domestic Violence Awareness Month – October  Dyslexia Awareness Month – October  Lexington Field & Garden Club's 150th Anniversary  Suicide Prevention Month - September To approve and sign proclamations recognizing September 17-23, 2026 as DAR Constitution Week; October 2026 as Domestic Violence Awareness Month & Dyslexia Awareness Month; September 2026 as Suicide Prevention Month; and honoring the 150th Anniversary of the Lexington Field & Garden Club in the Town of Lexington. DOCUMENTS: 2026 DAR Constitution Week Proclamation; 2026 Domestic Violence Awareness Month Proclamation; 2026 Dyslexia Awareness Month Proclamation; 2026 LFGC 150th Anniversary Proclamation.pdf; 2026 Suicide Prevention Month Proclamation 6. Accept: Select Board Committee Resignations  Tourism Committee - Marsha Baker  Trustees of Public Trusts - Alex Payne To accept the resignation of Marsha Baker from the Tourism Committee, effective immediately. To accept the resignation of Alex Payne from the Trustees of Public Trusts, effective immediately. DOCUMENTS: 2026.06.04 Marsha Baker - Tourism Committee_ Redacted.pdf; 2026.06.12_Alex Payne - Trustee of Public Trusts_Redacted.pdf 7. Approve: Select Board Committee Appointments & Reappointment  Historic Districts Committee - James Carrico  Minuteman Regional Vocational Technical School Committee – SharonMusto  Trustees of Public Trust - Kevin McKenna To appoint James Carrico to the Historic Districts Committee for a term set to expire on December 31, 2030; to reappoint Sharon Musto to the Minuteman Regional Vocational Technical School Committee for a term set to expire on June 30, 2029; and to appoint Kevin McKenna as a Trustee of Public Trusts for a term set to expire on September 30, 2029, all terms to be effective immediately. DOCUMENTS: 2026 Carrico, James - Historic Districts Commission Application_Redacted.pdf; Musto, Sharon - Minuteman Regional Vocational Technical School Committee - Application & Resume_Redacted.pdf; McKenna, Kevin - Trustees of Public Trusts - Application & Resume_Redacted.pdf 8. Approve: Select Board Minutes To approve and release the following minutes:  July 20, 2026 Select Board  August 3, 2026 Select Board DOCUMENTS: DRAFT_07202026_Select_Board.pdf; DRAFT_08032026_Select_Board.pdf 9. Approve: Dissolution of Semiquincentennial Commission To dissolve the Semiquincentennial Commission. 10. Approve: Water and Sewer Adjustments To approve the consent. DOCUMENTS: DOC081326-001.pdf 11. Approve: Corrected Page in Lexington Golf Club Liquor License Alteration of Premise Amendment Application To approve Lexington Golf Club's submission of the required updated paperwork to be sent to ABCC for ABCC's reconsideration of Lexington Golf Club Liquor License amendment application. DOCUMENTS: Lexington Golf Course - Entity Vote for Reconsideration.pdf 12. Approve: Town Manager Contract To approve the Town Manager Amended Contract. DOCUMENTS: Steve Bartha Contract VOTE: Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Hearing: Eversource Grant of Location Petition - Spring Street Mr. Pato opened the hearing at 6:48pm. Mr. Pato explained that this is a request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated March 31, 2026, under the following public way or ways of Lexington:  Spring Street - Northerly from manhole MH24294, approximately 90 feet north of Concord Avenue, install approximately 740 feet of conduit and two new manholes, MH32722 and MH32733. The Engineering Department reviewed the request and had no objection to the petition and indicated that Eversource would need to get the necessary Engineering permits. Abutters notices were sent as required. Mr. Sandeen asked about the status of recent commitments made by Eversource as part of conditions from the last approval cycle. Joanne Callendar, Eversource representative, stated that Eversource has honored the commitment by removing the lines as discussed. There was no public comment, and Mr. Pato closed the public hearing at 6:51pm. Mr. Sandeen asked that staff keep the Select Board up to date on the status of the utilities/double poles and Eversource’s status for moving the wires off the poles, in order to continue to make progress. Mr. Bartha stated that he would look into this. VOTE: Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated March 31, 2026 under the following public way or ways of Lexington: Spring Street - Northerly from manhole MH24294, approximately 90 feet north of Concord Avenue, install approximately 740 feet of conduit and two new manholes, MH32722 and MH32733. DOCUMENTS: Grant of Location Request Letter.pdf; Plan 2. Hearing: Renewal of Verizon's Cable Television License Mr. Pato opened the hearing at 6:56pm. Mr. Pato explained that this public hearing is to receive public comment regarding the renewal of Verizon New England, Inc.’s Cable Television License. Ken Pogran, Chair of the Communications Advisory Committee (CAC), presented the proposed cable television license renewal and the CAC’s recommendation. Verizon is one of three cable television providers in Lexington Verizon is currently operating under a five-year renewal license which ends on th October 29. This is atypical for a cable television license; most are granted for a ten-year period. Five years ago, Verizon specifically requested a five-year license. Lexington still has approximately 5,300 cable television subscribers. Verizon has just under 60% of these subscribers. The Select Board is the issuing authority for cable television licenses in the town of Lexington. The CAC has conducted the th license renewal process on behalf of the Town. At its meeting on August 12, the CAC voted to recommend that the Select Board approve the cable television renewal license for Verizon and execute that license. Verizon requested a five-year term last time and has again requested a five-year term. Verizon also requested the ability to terminate the license early. In negotiations, the CAC agreed that they would have the right to terminate the license early, but only after the first three years, and only by providing the Town with 12 months' notice. In Lexington all cable television licenses have a 5% franchise fee, and this includes the Verizon license as well A second important aspect of the license is a grant from Verizon to support paid capital expenditures, essentially Lex Media's capital expenditures plan. In the renewal license, the CAC negotiated with Verizon a capital grant of just under $200,000 or $40,000 per year, to be paid in three installments during the first three years of the license. Even if Verizon terminated the license early after three years, the Town would still receive the entire paid capital grant. This amount, if calculated on a per subscriber basis, is comparable to what is received from other licenses. Another item in the renewal license pertains to upgrading the PEG channels from standard definition to high definition. Finally, the license requires that Verizon designate a point of contact for the Town for municipal and license affairs. Mr. Sandeen asked if Lex Media is interested in moving to High Definition (HD). Mr. Pogran stated that there seems to be interest in this, though there will need to be continued discussion. Ms. Kumar asked about the trend of Lexington households and cable usage. Mr. Pogran stated that the tracking shows that Lexington is losing about 8% usage per year. This means that the Town is having an 8% decline in operating revenues to Lex Media from the cable providers. There was no public comment, and Mr. Pato closed the public hearing at 7:13pm. VOTE: Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 that acting in its capacity as the statutory cable television license issuing authority pursuant to M.G.L. c. 166A, the Select Board finds that the proposed Cable License renewal of Verizon New England, Inc reasonably meets the cable-related renewal needs and interests of the public and the Town, and that Verizon New England, Inc.’s financial and technical qualifications, as well as its local programming channels, facilities, and services, are reasonable to meet the Town’s cable television license needs. Also, the Select Board approves and executes the proposed non-exclusive Cable Television Renewal License, subject to scrivener’s error corrections, with Verizon New England, Inc., for a five-year term commencing October 30, 2026, and ending October 29, 2031. DOCUMENTS: Verizon Cable License Renewal Presentation; Verizon Cable License Renewal Document 3. Approve: Sale of General Obligation Bonds Carolyn Kosnoff, Assistant Town Manager for Finance, explained that on Tuesday, August 25, 2026, the Town sold $127,350,000 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 30-year bond was issued to finance capital projects including the construction of Lexington High School, reconstruction of Clarke and Diamond Middle Schools, renovations at 173 Bedford St, Police Station Solar Canopy and systems, network redundancy and improvement plan, high school equipment emergency funds, and new sidewalk installations. Nine 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 4.42% to a low of 4.33%. The low bidder was Raymond James & Associates, Inc., whose TIC of 4.33% included a net premium of $3.979 million. 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 $123,375,000. Mr. Sandeen asked about the potential to go out to the market for both 20-year and 30-year rates in order to determine a delta between the two and if there is a potential to save any money. Ms. Kosnoff stated that various terms will continue to be considered. There is a lot of flexibility regarding which model is chosen. VOTE: Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 that: We hereby determine, in accordance with G.L. c. 70B, that the cost of the Lexington High School construction project authorized by vote of the Town passed on November 3, 2025 (Article 8) being financed with proceeds of a portion of the Bonds defined below, together with all other bonds and notes of the Town previously issued to pay costs of this project, does not exceed the portion of the total cost of the project that is not being paid by the school facilities grant and we hereby approve the issuance of notes and bonds to finance this project under G.L. c. 70B. And further that the sale of the $123,375,000 General Obligation Municipal Purpose Loan of 2026 Bonds of the Town dated September 10, 2026 (the “Bonds”), to Raymond James & Associates, Inc. at the price of $127,758,906.42 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on June 15 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 2028 $2,215,000 5.00% 2039 $ 3,410,000 5.000% 2029 2,310,000 5.000 2040 3,580,000 5.000 2030 2,415,000 5.000 2041 3,760,000 5.000 2031 2,525,000 5.000 2042 3,950,000 5.000 2032 2,640,000 5.000 2045 12,975,000 4.250 2033 2,755,000 5.000 2048 14,740,000 4.500 2034 2,885,000 5.000 2051 16,840,000 4.625 2035 3,015,000 5.000 2053 12,565,000 4.625 2036 3,150,000 5.000 2054 6,720,000 4.625 2037 3,295,000 5.000 2056 14,380,000 4.500 2038 3,250,000 5.000 And Further: that the Bonds maturing on June 15, 2045, June 15, 2048, June 15, 2051, June 15, 2053, and June 15, 2056 (each a “Term Bond”) shall be subject to mandatory redemption or mature as follows: Term Bond due June 15, 2045 Date Principal Amount June 15, 2043 $4,145,000 June 15, 2044 4,325,000 June 15, 2045* 4,505,000 *Maturity Term Bond due June 15, 2048 Date Principal Amount June 15, 2046 $4,700,000 June 15, 2047 4,910,000 June 15, 2048* 5,130,000 *Maturity Term Bond due June 15, 2051 Date Principal Amount June 15, 2049 $5,360,000 June 15, 2050 5,610,000 June 15, 2051* 5,870,000 *Maturity Term Bond due June 15, 2053 Date Principal Amount June 15, 2052 $6,140,000 June 15, 2053* 6,425,000 *Maturity Term Bond due June 15, 2056 Date Principal Amount June 15, 2055 $7,030,000 June 15, 2056* 7,350,000 *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 August 18, 2026 and a final Official Statement dated August 25, 2026, 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: Final Bond Structure_8.25.2026.pdf; Bid Summary_8.25.2026.pdf; Bond Press Release_8.25.2026.pdf; Select Board Vote - Lexington Bonds 9-10-26.pdf; First pages of Merged Bonds - Lexington 9-10-26.pdf 4. Discussion: Proposed Schedule for 2027 Patriots' Day Weekend Events David Grabel, Town Celebrations Committee Chair, presented the recommendations and proposed scheduling options for Lexington’s 2027 Patriots’ Day celebrations and related commemorative events. The Committee has reviewed potential dates and scheduling options, considering historical significance, community participation, public safety and operational requirements, regional coordination, event logistics, and stakeholder feedback. The Committee is seeking Select Board direction on the preferred dates and schedule for the 2027 Patriots’ Day celebrations to support advance planning and coordination. Henry Liu, representing the Lexington Minutemen, reviewed the preferred dates and times for the group. There was discussion regarding the differences between a Saturday or Monday event. Chief Sencabaugh stated that there would be a minor differential in costs for either day for the event. Mr. Lucente stated that the Economic Development Committee noticed a bit of negative pushback from establishments in the Center when the event was held on a Saturday. There was consensus on the Board for a preference to move the main Patriots Day events to Monday. Dawn McKenna, 9 Hancock Street expressed concern that the neighbors were not notified about the parade route. Henry Liu, 18 Belfry Terrace, mentioned that some of the resources used the last couple of years, such as the jumbotrons, are likely not contemplated moving forward because the same volume of people is not expected in 2027. VOTE: Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to approve Monday, April 19, 2027 as the date for Lexington’s 2027 Patriots’ Day celebration, as recommended by the Town Celebrations Committee, and authorize the Committee and Town staff to proceed with planning and coordination for the 2027 celebration. DOCUMENTS: Proposed Schedule for Discussion 5. Update: Preparation for FY2028 Financial Summits Mr. Bartha stated that at the June summit, several themes emerged. Staff have come up with several changes for the upcoming process, which will help address some of the concerns that were raised. Staff will continue to prepare the financial indicators, but time will not be allocated during the summit to walk through those granularly. A second change would be to frontload the process with some primer videos. Staff will work to get the revenue forecast in place earlier than in years past. A summit night was added last year, going from four to five, and staff proposes to keep that. This will create a little capacity. Staff will also reach out to summit participants weeks in advance of the summits to determine if there are specific topics, data, or questions that summit participants have. The combined effect of these changes should create more capacity, a better process and deeper understanding, and a smoother Town Meeting next year. 6. Review: Draft Select Board Report for FY26 Annual Town Report The Select Board reviewed the draft Select Board Report for inclusion in the FY26 Annual Town Report and discussed proposed edits. The Board considered the draft in preparation for final approval of the report at its September 17, 2026 meeting. DOCUMENTS: WORKING DRAFT - Select Board FY2026 Annual Report.pdf 7. Discussion: Zoning Board of Appeals Committee Membership 8. Discussion: Ellen Stone Building Mr. Pato explained that the Board is asked to consider revising the charge for the Board of Appeals (ZBA). Currently, new full members must have served as an associate member for at least two years. Further, a full member cannot be reappointed if they have served ten consecutive years or more. These limitations pose challenges for the next appointment cycle where we have one existing vacancy and an additional member reaching their term limit. Unfortunately, the current set of associate members are not available to take on a full member appointment. The proposed changes would eliminate the term limit for full members and would adjust the language requiring prior service as an associate to be a preference rather than a requirement. Ms. Hai asked about clarity around the language of there being no major landholding interest. This amorphous language could deter people who may otherwise be qualified. Mr. Pato stated that a major landholder is someone who has multiple properties that would potentially make it less feasible for them to be able to serve on various hearings. There was agreement that this could be better defined. There was discussion around item #6 on the draft charge: “Full members who have served consecutively for the equivalent of two full terms (10 years) or more shall not be re-appointed until after a lapse of at least one year.” It was agreed that this item could be struck, as long as this will be brought back for further discussion at a future meeting within 12 months. The Board agreed that a vote on this item would be considered at the next meeting. DOCUMENTS: Proposed Amendment to Board of Appeals - ZBA - Charge.pdf 7. Discussion: Ellen Stone Building Mr. Bartha explained that there was an unsuccessful RFP process conducted this past spring for this project. Some of the topics that could be further discussed in order to create a successful RFP would be the term of the potential lease for the building and also some of the uses in the building. An RFP could be presented this fall and telegraph that a longer-term lease would be contemplated. The RFP could also express an openness that the Town would work with proponents in the event that there was a question for Town Meeting around certain types of uses. The Board agreed with moving forward in this direction. Mr. Sandeen asked for further consideration of the Town selling the property. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 8:45 p.m. A true record; Attest: Kristan Patenaude Recording Secretary