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HomeMy WebLinkAbout2026-02-23 SB-min. SELECT BOARD MEETING Monday, February 23, 2026 A meeting of the Lexington Select Board was called to order at 6:32p.m. on Monday, February 23, 2026, via a remote meeting platform. Ms. Hai, Chair; Mr. Pato, Vice Chair; Mr. Lucente, Ms. Kumar, and Mr. Sandeen were present, as well as Town Manager, Mr. Bartha; Deputy Town Manager, Ms. Axtell; and Executive Clerk, Ms. Katzenback. PUBLIC COMMENTS Patrick Mehr, 31 Woodcliffe Road, stated that he recently had to renew his parking sticker for cars for residents who are over 65 years old. He feels that this procedure seems to be wasting taxpayers’ money. The stickers should be made to not expire. He asked the Select Board to ask the Town Manager to report on this matter back to the Select Board. Peter Kelley, 24 Forest Street, expressed his displeasure with the idea of removing the term “free” from the bylaw, per Article 31 - Amendment-Chapter 90, § 9 "Regulation of Refuse Disposal. He encouraged this should be brought forward through a referendum instead in the future, after it is studied by a committee. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Ms. Hai stated that Article 97 Lexington High School land swap hearing will be at the State House next week. She asked Mr. Bartha, on the Board’s behalf, to submit a letter that reiterates the Board’s unanimous votes in support. There was agreement on the Board. Mr. Pato stated that the Ad Hoc Crematory Study Committee will be holding a public listening session to gather input on people's perspectives on a crematory in Town in March. 2. Lexington High School Project Update to Board Mr. Pato stated that there continue to be more efficiencies developed through the total value design process. There are more meetings scheduled over the next few weeks. DOCUMENTS: Liaison Report - Joe Pato 02.23.2026 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that the Town has officially tapped its snow budget for the year. He and the Board thanked the facilities and DPW workers for all of their work during the storm. CONSENT AGENDA 1. Approve: One-Day Liquor License - Lexington History Museums, 1 Bedford Street  Annual Tavern Night Fundraiser - Saturday, March 14, 2026 To approve a one-day liquor license for the Lexington History Museums for its Tavern Night event to be held at Buckman Tavern, 1 Bedford Street, on Saturday, March 14, 2026, from 5:00 PM to 7:00 PM, with beer and cider to be served. DOCUMENTS: Buckman's Tavern.pdf 2. Approve: One-Day Liquor License - St Brigid Parish, 1989 Massachusetts Avenue  'Irish Night' Fundraiser - Saturday, March 21, 2026 To approve a One-Day Liquor License for St. Brigid Parish, 1989 Massachusetts Avenue, to serve beer and wine at its “Irish Night” event on March 21, 2026, from 6:00 PM to 10:30 PM, in accordance with all applicable regulations. 3. Approve: Patriot's Day 2026 Requests  Lexington History Museums & Lexington Minute Men: o Reenactment of the Arrival of Paul Revere and William Dawes  Dress Rehearsal: Wednesday, April 15, 2026  Main Event: Friday, April 17, 2026 o Naturalization Ceremony: Tuesday, April 21, 2026 o Annual Children's Reenactment of the Battle of Lexington: Wednesday, April 22, 2026 (Rain date: Thursday, April 23, 2026)  Town Celebrations Committee –  Patriots Day Parade: Saturday, April 18, 2026 To approve the request of the Lexington History Museum to use the Battle Green on Tuesday, April 21, 2026, from 8:00am to 1:00pm for the purpose of the Naturalization Ceremony. To approve the request of the Lexington History Museum to use the Battle Green on Wednesday, April 22, 2026 from 10:00am to 2:00pm for the purpose of their annual Children's Reenactment of the Battle of Lexington. DOCUMENTS: Naturalization_Program_Agenda.pdf; SBBG_Event_Diagram.pdf; Lexington_History_Museums-2026_Paul_Revere_Ride_Road_Closures_Request_Letter.pdf 4. Approve: Select Board Meeting Minutes To approve and release the following minutes:  January 5, 2026 Select Board  January 7, 2026 Summit  January 12, 2026 Select Board DOCUMENTS: DRAFT_01052026_Select_Board_Minutes.pdf; DRAFT_01072026- Financial_Summit.pdf; DRAFT_01122026_Select_Board_Minutes.pdf; DRAFT_01262026_Select_Board_Minutes.pdf 5. Approve: Water & Sewer Commitments Water and Sewer Commitment Cycle 9 billing $ 368,432.85 DOCUMENTS: Cycle 9 Billing.pdf 6. Approve: Regulatory Agreement 93 Bedford Street To approve the regulatory agreement for 93 Bedford Street between the Town of Lexington, the Executive Office of Housing and Livable Communities and FK Partners Lexington LLC as proposed and further to authorize the Town Manager to execute the agreement. DOCUMENTS: Memorandum; 93 Bedford Street Regulatory Agreement 7. Approve: One-Day Liquor License(s) - Galaray House, 1720 Massachusetts Avenue  'First Friday' Monthly Art Show(s): Friday, March 6, 2026, Friday, April 3, 2026, Friday, May 1, 2026, and Friday, June 5, 2026 To approve 4 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve wine from 6:00 pm - 8:00 pm on Friday, March 6, 2026, April 3, 2026, May 1, 2026, and June 5, 2026, for their 'First Fridays' Event showcasing art from local residents. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 3. Approve: Sale of General Obligation Bonds - The Board took up this item at this time. Carolyn Kosnoff, Assistant Town Manager for Finance, explained that on Wednesday, February 18, 2026, the Town sold $25,370,000 of general obligation bonds. Moody's conducted a review of the sale and rated the Bond Aaa which is the highest ratings that can be obtained by a municipality. The 10-year bond was issued to finance capital projects including the design of Lexington High School, renovations at 173 Bedford St, Police Station Solar Canopy and systems, Cary Memorial Library renovations, Pine Meadows Clubhouse renovations, sidewalks, and water & sewer improvements. Fifteen 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 2.28% to a low of 2.03%. The low bidder was Fidelity Capital Markets, whose TIC of 2.03% included a net premium of $3.13 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 $22,245,000. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 that the sale of the $22,245,000 General Obligation Municipal Purpose Loan of 2026 Bonds of the Town dated February 26, 2026 (the “Bonds”), to Fidelity Capital Markets, a Division of National Financial Services LLC at the price of $25,537.792.57 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 YEAR AMOUNT INTEREST RATE RATE 2027 $2,315,000 5.00% 2032 $2,195,000 5.00% 2028 $2,285,000 5.00% 2033 $2,190,000 5.00% 2029 $2,280,000 5.00% 2034 $2,185,000 5.00% 2030 $2,280,000 5.00% 2035 $2,180,000 5.00% 2031 $2,200,000 5.00% 2036 $2,135,000 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 February 6, 2026 and a final Official Statement dated February 18, 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: Summary_Bids_B-26-02-26_Lexington.pdf; B-26-02-26_Lexington_Results.pdf; B-26- 02-26_Lexington_Bond_Sale_Press_Release.pdf 1. Public Hearing and Vote: Layout Willard Circle, Cart Path Lane and Stage Coach Road as Public Ways The Board opened the hearing at 6:55pm. Tricia Maletesta, Sr. Civil Engineer, explained that the developers have requested the Town to accept roads which have been built to the Town specification. The intent is to layout Cart Path Lane, Stage Coach Road and Willard Circle as public ways. A notice was delivered by Constable to ensure the direct abutters of these roads are aware of this February 23, 2026 Select Board hearing. Yash Patel, 10 Cart Path Lane, asked what precipitated these to become public ways and what the pros/cons would be. He asked about snow maintenance and streetlight maintenance. Ms. Maletesta explained that the Town will be accepting responsibility for maintenance of the roads and the streetlights. The Town will continue to plow the roads. The Town will own the land that is the right of way and complete any improvements on it, as needed. The developer is turning the land over to the Town. The hearing was closed at 7:02 p.m. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve to layout Willard Circle, Cart Path Lane and Stage Coach Road as Public Ways and recommend acceptance at the 2026 Annual Town Meeting. DOCUMENTS: Memo_for_Vote_to_Layout.pdf; Willard_Circle_St_Acceptance_Plan_SB_Unsigned.pdf; Stage_Coach_Street_Acceptance_Plan_SB_Unsigned.pdf; Cart_Path_Street_Acceptance_Plan_SB_Unsigned.pdf; FY27_Street_Acceptance_Timetable.pdf 2. Update: Diversity, Equity & Inclusion (DEI) Luke Burke-Fournier, Assistant Human Resources Director/Internal Equity Manager, and Juanica Buchanan, Clinical Engagement & Community Equity Officer, presented an update on the Town’s Diversity, Equity & Inclusion (DEI) work. Ms. Hai suggested a conversation with the Vision for Lexington Committee, as they are getting ready to do a community survey and there may be questions to inform of the survey questions. In response to a question from Ms. Kumar, Mr. Burke-Fournier stated that the group meets weekly and discusses building the working base in order to best represent the community. Also, areas of overlap, such as policies that employees are partaking in that are community facing, or various training and learning that could be brought to employees, such as cultural competencies. Mr. Lucente asked about top goals at the moment. Mr. Burke-Fournier stated that he is interested in leadership training for entry-level and mid-level supervisors. Ms. Buchanan stated that she would like to bridge some of the gaps and barriers to engaging with DEI services by engaging with other departments across the Town. DOCUMENTS: DEI_2.0_Select_Board_Presentation.pdf 6. Update: FY27 Town Manager's Preliminary Budget – The Board took up this item at this time Carolyn Kosnoff provided an update on the FY27 Town Manager's Preliminary Budget. In terms of the sidewalk from Burlington and North Street, design funds had been proposed at $250,000. Part of the design process was to do an alternatives study, but the project was expected to lead to a fairly expensive sidewalk project. There was feedback from the Capital Expenditures Committee and Appropriation Committee that the alternatives analysis should be done prior to going for a full design. Thus, the request for the sidewalk has been revised downward to $60,000 to incorporate only the alternatives analysis study at this time. Also, in terms of the intersection of Hancock and East Street, there was going to be a fairly significant land acquisition needed. However, there was concern from the Engineering Department that the request for the land acquisition appropriation may not cover all that is needed for the project. At this time, they have decided to continue to develop the plan and pulled the request for this year. Thirdly, Minuteman High School sent out a final assessment after the Governor's budget was proposed. This has been incorporated into the budget. Finally, in terms of debt service, the current budget is adequate to cover this and so no adjustments need to be made at this time. 4. Presentations: 2026 Annual Town Meeting Articles  Article 27: Procurement for Online Capital Project Platform (Citizen petition)  Article 7: Sustainable Projects  Article 23: Appropriate for Trash/Recycling Bins  Article 31: Amendment to Chapter 90, § 9 "Regulation of Refuse Disposal" Maggie Peard, Sustainability and Resilience Officer, reviewed Article 7. This is a reoccurring capital request article which helps allow staff to move more quickly on sustainable projects as they arise. This has been used in the past for solar feasibility studies and electric vehicle chargers. This year, it will be used to request funds to install electric vehicle chargers within the Police Station garage. Currently, there are no chargers at the Station, and installing them will enable the Department to begin piloting EV cruisers. This request is for two dual port Level 3 chargers and two dual port Level 2 chargers. It will also require an electric panel upgrade and a transformer to accommodate the chargers. The total project cost is $463,000, taking advantage of a $50,000 State incentive off the cost of the Level 2 chargers. Ms. Kumar asked how the EV vehicles are currently charged. Ms. Peard explained that these five vehicles currently use the chargers behind the Town Offices or elsewhere around Town. Using chargers that already exist would not be a possibility if moving toward EV cruisers for the Department. Ms. Peard discussed Articles 23 and 31. Both of these articles are coming from years of planning work by the Waste Reduction Task Force, following adoption of the Town Zero Waste Plan, which the Board adopted in 2023. Currently, 40% of Massachusetts trash is exported out of state. This is increasing Town costs. The Town’s waste budget has increased 54% over the past four years, translating to the average household paying $140 more for waste services through their taxes than they were for four years ago. These Town Meeting Articles are necessary steps to continue to make holistic adjustments to the Town's waste collection system, including expanding the food waste composting program, moving to automated collection, addressing excess waste, implementing a bulky item fee schedule, and providing more accessible diversion opportunities. Article 31 is an amendment to the Town’s bylaws, and it would allow the Select Board to impose reasonable fees in connection with the disposal of waste and otherwise update that terminology. Article 23 is focused on the change to automated collection and is a request to appropriate money for the purchase of both recycling and trash wheeled carts for all households served by the municipal solid waste program. No decision has been made, or will be made by Town Meeting date, regarding what size those bins will be. Ms. Hai noted that some comments were received concerning families with larger amounts of medical waste. Ms. Peard explained that the intention is to design a program that works for the majority of residents and then work with residents on a one-on-one basis for special situations, such as excess medical waste. The goal is to make reasonable accommodations as needed. Mr. Lucente asked about the feedback received thus far. Ms. Peard stated that this can be provided. Mr. Sandeen stated that he would like to know what Town staff think the economics of this proposal might be. Steve Kaufman reviewed Article 27 for Annual Town Meeting. The focus of this item is to provide a transparency portal for the public to have regular visibility to progress on capital projects that are significant projects for the Town. There is information on some of these projects, but it is fragmented, hard to find, and there is no single current public view for project statuses. Other towns have been doing something similar for some time. He has spoken with the Town Manager, who has a draft idea for this portal. This initiative would allow the Town to study the requirements, interview other towns about their experience, evaluate external vendors that offer solutions, and generate a proposal to execute the project. The proposal is for up to $50,000 for this project from the General Fund. Mr. Bartha noted that staff’s recommendations are not reflected in the current motion and there are still th some concerns. Ms. Hai explained that Mr. Cronin will be coming to the Board on March 9 with a presentation on his proposed in-house dashboard. Mr. Kaufman stated that his Article is meant to be complimentary to Mr. Cronin’s work. Input from the Town was factored into the motion. In response to a question from Mr. Lucente, Mr. Bartha explained that the presentation talked about linking appropriations to budget statuses with a dashboard. The tool that Mr. Cronin is working on is in partnership with the Owner’s Project Manager (OPM) for the high school project. This type of dashboard is not something that any of the existing financial systems can produce. Staff are skeptical that $50,000 will allow for much more than a mirror into the existing AP systems. This will not answer the questions that the petitioner is seeking answers to. There is concern regarding where staff time will come from for the proposal. These products can do some things, but he has not seen one that does the type of budget-to- actual with links to financial documents that are described in these materials. Mr. Kaufman stated that he has reviewed the software available from other towns, and there is streamlined software at this price point that can provide these capabilities. Mr. Bartha stated that he and the Finance Director have noted that the four financial software programs the Town is running for budget, AP, and project management do not communicate. He is suspicious if there is a plug in software product that will do the things described in this presentation. The presentation describes something much different from the dashboard that Mr. Cronin is putting together, which provides project status against contingency and timelines. Mr. Pato stated that he would like to see a process that could mine the data from the Town’s existing systems and present things more effectively, but it is unclear where this would come from . Mr. Bartha explained that Mr. Cronin is not in favor of the proposal and would like time to examine the systems other towns may be using. Archan Basu, Town Meeting Member Precinct 7, explained that it is obvious that the Town is moving to a much higher level of capital expenditure than it has ever undertaken. This, appropriately, requires a higher level of reporting and disclosure. It is clear that everyone loves transparency, except when it comes to offering it. It is regrettable that this proposal was not immediately embraced by staff. Information of this kind wants to be known. Ms. Hai asked why seven projects are being proposed to be included on this dashboard. Mr. Kaufman stated that this represents the seven largest projects ongoing in the Town. This number would change each year based on the largest active capital projects undertaken that year. Ms. Hai noted that she and Ms. Kumar spoke to many vendors at the MMMA and learned that most did not have the capacity to integrate with MUNIS and that pricing would be much higher than $40,000 - $50,000. DOCUMENTS: Art_7_Presentation-_Sustainable_Projects-PDF.pdf; Art_23_Waste_Bin_Appropriation_PDF.pdf; Art_27_Procurement_Portal_PDF.pdf; Art_27_online_procurement_platform_motion_dated_2.3.26.pdf; Art_31 Presentation-Amendment_of_the_Regulation_of_Refuse_Disposal_Bylaw; Art_31_regulation_of_refuse_disposal.dated_2.9.pdf-PDF.pdf 5. 2026 Annual Town Meeting - Select Board Article Discussion and Positions The Board agreed to review this further prior to the next meeting. DOCUMENTS: Working_Document-Select_Board_Positions.pdf EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining (Police Superior) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 8:37pm that the Select Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining for the Police Superior Union, and not to reconvene in Open Session. Further, it was declared that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 from the Executive Session to adjourn both the Executive Session and the Regular Meeting at 8:48p.m. A true record; Attest: Kristan Patenaude Recording Secretary