HomeMy WebLinkAbout2021-02-08 SB-min
Select Board Meeting
February 8, 2021
A remote participation meeting of the Lexington Select Board was called to order at 7:02 p.m. on
Monday February 8, 2021 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell,
Deputy Town Manager and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated the remote participation meeting is being held in accordance with Governor
Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law
to allow remote participation during Massachusetts’ State of Emergency due to the outbreak of
COVID-19.
Mr. Lucente provided instructions to members of the public, who were watching or listening to
the meeting via the Zoom application, regarding the procedure of making a public comment.
PUBLIC COMMENTS
There were none.
TOWN MANAGER REPORT
There was none.
CONSENT AGENDA
1. Approve and Sign Proclamation - Recognition of Annunziata "Nancy" Martellucci's
104th Birthday
2. Change Name of 20/20 Vision Committee to "Vision for Lexington Committee"
3. Approve Easement for 1050 Waltham Street
Mr. Lucente wished Mrs. Martellucci a happy 104th birthday.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to
approve the Consent Agenda.
DOCUMENT(S) PRESENTED: 2021 Annunziata "Nancy" Martellucci's 104th Birthday
Proclamation; Drainage Easement
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing and Vote to Layout Penny Lane, Winding Road and Luongo Farm as a
Public Ways
Mr. Lucente opened the public hearing at 7:07 p.m. and noted that the hearing had originally
been scheduled for January 25, 2021 but was delayed until that evening. Mr. Lucente informed
the Board that they were joined by Town Engineer John Livesey. Mr Livsey stated that the
engineering office had reviewed the roads being voted on, and did not object to them being laid
out as public ways for consideration at Town Meeting.
Mr. Lucente closed the public hearing at 7:09 p.m.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to
layout Penny Lane, Winding Road and Luongo Farm Road as public ways and recommend
acceptance at the 2021 Annual Town Meeting.
DOCUMENT(S) PRESENTED: Luongo Farm _Street Acceptance Plan; Winding Road and
Penny Lane Street Acceptance Plan; Winding Road and Penny Lane Subdivision Plan
2. Update on Hosmer House Request For Proposal
Mr. Malloy reviewed the history of this Request for Proposal (RFP). He stated that based on
previous Select Board discussions that it had been decided to create a request for proposals to
hopefully attract a private contractor to relocate the Hosmer House. Mr. Malloy also stated that
abutters to the proposed relocation site did not respond favorably to the bid submitted. Mr.
Malloy recommended that the Board deny all responses to the request for proposal, and allow
him to file a permit to demolish the structure. He noted some housing and historical preservation
advocates would like to provide comments to the Board.
Edward Adelman of 49 Potter Pond and member of the Historic Districts Commission (HDC)
stated he was honored to be invited two years ago in March of 2019 to participate as a member
of the Hosmer House Working Group, to look at the proposed Police Station project and the
impact on the Hosmer House. He stated that at that time it was not certain that the Police Station
Project would have an impact on the Hosmer House. He also noted that other uses had been
explored with appropriate preservation restrictions. Mr. Adelmann stated that the working group
had concluded their effort in summer of 2019 with the general consensus that the Hosmer House
would need to be relocated. He added that the working group’s vision at that time was that a
private developer could be identified to relocate and preserve the building within Lexington. He
recommended the RPF be accepted and that Hosmer House be moved to Harrington Road.
Betsy Weiss of 8 Dover Lane, member of the Housing Partnership Board and former member of
the Hosmer House Working Group, stated that the Hosmer House Working Group met several
times and stated that the group was in full support of moving the Hosmer House to the Green.
She stated that a resident on the Green had a home relocated to the area and thought it was fitting
with the neighborhood. Ms. Weiss also supported the proposed affordable housing in the rear of
the Hosmer House, detailed in the bid which the Board was considering. She noted that at the
last meeting of the Working Group, the group voted in full support to have the Hosmer House
moved to the Green.
Dawn McKenna of 9 Hancock Street urged the Board to reject the RFP bid. She was displeased
with the notion of demolishing the Hosmer House and noted that the Town Meeting had
dedicated funds to the restoration of the property. She believed the RFP was too limited in scope,
limiting relocation to the Battle Green, and should be rewritten and put out for bid again. She
detailed a previous experience working with homeowners to move a historic home, and the
benefits it provided to the Town. Regarding the lot on the Battle Green, she noted that no
abutters had been asked for their opinion. She asked the Board to consider the importance of the
Battle Green Master Plan.
Mr. Malloy added that Mike Cronin served on the Working Group, and that the RFP did not limit
bidders to the Battle Green Historic District, but instead placed priority on the Battle Green
Historic District. He noted that there were not many properties near the existing site that would
facilitate the relocation of the Hosmer House.
Ms. Hai noted her serving on the original Working Group and as a member of the team who put
together the RFP. She noted that priority was given to the properties highest and best use which
the group determined was as a single family home. She noted the group’s recommendation was
that the house be returned to a single family home and moved to a private site, or that it be
moved to Town owned property and become Town sponsored housing. When the proposal came
to the Board the group unanimously supported the proposal. Ms. Hai stated that she believed the
proposal in front of the Board preserved the house, that the proposed location was a previous
location that housed a similar structure, that the proposed site was one the owner was seeking to
sell, and that the proposed barn would be an integration that would lend to historical integrity.
Ms. Hai stated that she would like to see the project move forward and have the Board approve
the proposal.
Mr. Pato stated that he believed the proposal was a reasonable solution to the issue before the
Board and that it is the role of the HDC to determine appropriateness of relocation to Harrington
Road. He noted that at the Special Town Meeting rejected the idea of moving the structure to the
Vine Street property, and it was overwhelmingly proposed that the building should be torn down.
Mr. Pato supported the RFP that would move the property to Harrington Road.
Mr. Lucente asked Mr. Pato and Ms Hai if they would support the idea of tearing the property
Town. Mr. Pato stated that he would like to have a discussion with the HDC, and believed that it
was not a step the Board could take. He noted that the HDC would have to allow the demolition.
Mr. Lucente stated that he did not feel the bid submitted, and proposed relocation site, was an
appropriate use of the space. Mr. Lucente’s proposal was to look for alternate solutions. He noted
that it was difficult to allow the tearing down of the building, since Lexington celebrates our
historical buildings.
Ms. Barry stated that there was not much that had been presented to change her mind, and that
she was not inclined to support the one bid that had come from the RFP. She noted that in order
to get the Police station project moving forward we need to come up with another solution and
work with the HDC.
Mr. Sandeen noted that $1,200,000 was budgeted to move the Hosmer House, and that the Board
did not feel this was a good use of Town funds. Mr. Sandeen also had concerns over what would
happen if the Town were to accept the submitted bid to the RFP and then litigation happens. Mr.
Sandeen stated that he did not want to put the Town through the process involved with litigation
from potential abutters, and suggested the Board reject the current bid.
Marilyn Fenollosa, Chair of the Historical Commission, noted that the Historical Commission
has no jurisdiction in the matter. She noted that the 12 month delay discussed by Mr. Malloy and
the Board only applies to properties outside of the Historic Districts, anything inside the Historic
Districts is exclusively in the jurisdiction of the HDC.
Melinda Walker, 14 Larchmont Lane, Housing Partnership Board member, Lexington Housing
Authority member, Town Meeting Member, and Community Preservation Committee member,
explained that when the Town Meeting voted down money for a design study, the major
objection was that it was too expensive to convert the Hosmer House to private housing. Ms.
Walker believed it made sense to have a private developer do so. Ms. Walker noted her fear that
when proposed affordable housing projects are discussed in Town that abutters will object and
delay any proposed projects. Ms. Walker encouraged the Board to accept the bid submitted in
response to the RFP.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 3-2 to reject
all bids on the Hosmer House Relocation RFP and further to authorize the Town Manager and
the Board to work with the Historic District Commission to determine steps to move forward and
look at alternatives for the Hosmer House.
3. COVID-19 Update
Mr. Malloy stated that there were 937 cases, of which 32 were new active cases, of COVID-19 in
Lexington. Mr. Malloy stated that the Town was close to finalizing the Emergency Dispensing
Site (EDS) plan, and that it was being reviewed by the Senior Management Team. Regarding a
vaccination dispensing site, Mr. Malloy noted that all medical personnel were in place, the only
area that the Town was falling short on was finding non-medical staff for intake. He noted that
the Town would need 15-20 employees to help with the vaccination site. He also informed the
Board that the State Ethics Commission released a policy that would not allow public employees
to become vaccinated sooner than they otherwise would as part of the Governor’s phased
vaccination plan. Mr. Malloy stated that he had reached out to the Ethics Commission to see if
staff aiding in the administration of vaccinations would still be bound by the new policy. Mr.
Malloy added that currently every municipality is only being given 100 doses of the vaccine per
week. Lexington, Belmont, and Arlington were working together and would be opening two
clinics in the three towns. Mr. Malloy stated that there would be one site in Lexington, and one
in Arlington. He noted that it takes 3 hours to administer 300 doses, and that logistically it does
not make sense to have two sites open when there are only 300 doses available per week. He
further stated that Lexington residents over 75 who live in Lexington Housing Authority
properties and residents who are shut-ins were being offered the vaccine first. Mr. Malloy
encouraged residents to use the new state website or the 211 call in line, to try to schedule a
vaccination. Mr. Malloy stated he may ask the Board to draft a letter to the Secretary of Health
and Human services to reconsider the States vaccine distribution plan at a future meeting.
DOCUMENT(S) PRESENTED: COVID-19 Update
4. Update on Next Steps for Social Racial Equity Initiatives
Ms. Axtell stated that the Town was moving forward with the workshops with All Aces, and that
the training would be held on May 11, 2021 and May 25, 2021 at 7:00 p.m. She explained that
one workshop would address dignity activity and the other would be on history in action. Ms.
Axtell noted that each session would be open to 100-150 people.
Ms. Hai clarified the document that the Board had received was a cumulative synthesis of the
comments that All Aces had received from community members and various Boards and
Committees. The goal was to determine a starting point for Lexington, which would inform the
training for the Board, staff, and the community. She further noted that All Aces was going to be
customizing training to suit the needs discovered through their outreach.
Mr. Pato noted that the document they had received was not a report, and further stated that the
document highlighted that the Town needed to focus on outreach to the community. He was
concerned with the length of time it could take to move into actionable items from the Town.
Mona Roy, 36 Bertwell Road, Chair of the Human Rights Committee, thanked the Town for
engaging All Aces. She noted that this process will take time. Ms. Roy wanted to clarify that
there were many efforts ongoing in Town to address this issue, but that not everyone is being
reached. She endorsed reaching out to voices the Town may not otherwise hear from. Ms. Roy
urged residents to read the reports, and noted that residents came out to the focus group and
stated that they don’t feel connected to the work being done, and that not enough progress is
being made.
Valerie Overton, 25 Emerson Gardens, Town Meeting Member and Co-Chair of Lex Pride,
asked if the All Aces work focused on solely racial justice. She noted that she believed the work
being done was fantastic in moving the racial justice piece of the social justice initiative forward
but asked what the plans were to address the array of social justice initiatives needed in Town.
Ms. Hai noted that the Town is starting with a racial equity focus, but believed the work being
done by All Aces was providing the Town with a blueprint for moving forward with providing
social justice to all.
5. Approve the Sale of Bonds and Notes
Carolyn Kosnoff informed the Board that the Town had held a Bond and Bond Anticipation
Notes (BAN) sale on Wednesday, February 3, 2021. Ms. Kosnoff stated that the bond sales
proceeds were $5,500,000 payable over ten years. Ms. Kosnoff stated that the proceeds of the
Bond sale would be utilized as follows: $1,800,000 for the Water Department for ongoing
improvements, $700,000 for Sewer operations, $1,000,000 for the Pelham Road and sidewalk
reconstruction, $700,000 for signalization, and the remainder was to be used for technology and
design funds. She noted her surprise that the Town continued to receive more favorable interest
rates everytime it went out to bond, noting the true interest cost of the bonds sold as 0.45%. Ms.
Kosnoff stated that Fidelity Capital Markets was the low bidder and offered a $1,100,000
premium which was applied on the day of the sale to reduce the size of the bond offering. Ms.
Kosnoff also stated that the $2,700,000 BAN sale was primarily to fund two land purchases, the
property on Pelham Road and 171-173 Bedford Street that the Town had previously authorized
to purchase. Ms. Kosnoff noted that in February of 2022 when those bonds come due it the Town
would be making the final payment on those land purchases and the town would own the
properties outright. Ms. Kosnoff informed the Board that the net interest on the BAN’s was .29%
and that the low bidder was TD Securities.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to
approve the sale of the $4,645,000 General Obligation Municipal Purpose Loan of 2021 Bonds
of the Town dated February 11, 2021 (the “Bonds”) to Fidelity Capital Markets, a Division of
National Financial Services LLC at the price of $5,604,392.75 and accrued interest 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:
Interest Interest
Year Amount Rate Year Amount Rate
2022 $600,000 5.00% 2027 $380,000 5.00%
2023 600,000 5.00 2028 375,000 5.00
2024 590,000 5.00 2029 370,000 4.00
2025 590,000 5.00 2030 370,000 5.00
2026 400,000 5.00 2031 370,000 4.00
And Further: to approve the sale of $2,774,347 1.50 percent General Obligation Bond
Anticipation Notes of the Town dated February 12, 2021 and payable February 11, 2022
(the “Notes”) to TD Securities (USA) LLC, at par and accrued interest, plus a premium
of $33,430.88.
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 28, 2021 and a final Official Statement dated February 3, 2021, 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 29,
2021 and a final Official Statement dated February 3, 2021, each in such form as may be
approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and
adopted.
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 the Town Treasurer and the Select Board 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.
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 Notes and to comply with relevant securities laws.
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.
DOCUMENT(S) PRESENTED: Bond Bid Results; Bond Result Summary; Moody's Press
Release; BAN Bid Results; BAN purposes
6. Close Public Hearing and Vote on the Notice of Transfer - Parent Company of RCN
Mr. Lucente stated the Hearing regarding the application for the transfer of control of RCN
Telecom Services of Massachusetts was opened at the January 25, 2021 Select Board meeting
and kept open until the February 8, 2021 Select Board meeting to allow for any public feedback.
No public comments were submitted to the Select Board by email or by phone regarding this
application.
The Communication Advisory Committee (CAC) reviewed the application considering the
applicant’s managerial, technical, financial and legal ability to operate the cable system pursuant
to the existing RCN license. The CAC recommended the Select Board approve the application for
the transfer of control of RCN Telecom Services of Massachusetts, LLC (‘RCN’) from Radiate
Holdings, L.P. to Stonepeak Associates IV, LLC.
Mr. Lucente closed the public hearing at 8:27 p.m.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to
approve the transfer of control of the Cable Television Renewal License of RCN Telecom
Services of Massachusetts, LLC (‘RCN’) from Radiate Holdings, L.P. to Stonepeak Associates
IV, LLC. and authorize the Select Board Chair to sign a letter of approval.
DOCUMENT(S) PRESENTED: FORM 394 Application Transfer RCN to Stonepeak
7. Update on 2021 Annual Town Meeting Warrant Article 30 - Full Inclusion Resolution
Victoria Buckley, Chair of the Commission on Disability presented to the Board. Ms. Buckley
reviewed with the Board several statistics regarding disabilities nationwide, and noted the prior
commitment of the Select Board to exceed the Americans with Disabilities Act standards in
Lexington. Ms. Buckley presented the Board with the proposed motion for Article 30, which she
read aloud. She noted that the Commission on Disability was unanimous in their support of this
resolution. She asked the Select Board to support the resolution unanimously. Mr. Pato, as the
Select Board liaison to the Commission on Disabilities, was fully in support of the resolution.
The Board all indicated support of the Article.
DOCUMENT(S) PRESENTED: Presentation - Full Inclusion Resolution; Art 30 Motion
8. Update on 2021 Annual Town Meeting Warrant Article 35 - Amend Scenic Roads
Bylaw (Citizen Petition)
Jeff Howry, the citizen petitioner, stated that the bylaw he was presenting was different from
what was originally presented to the Board. After meeting with the Planning Board it was
pointed out to Mr. Howry that a study of scenic roads had already been done. With the assistance
of Mr. Canale, Mr. Howry revised the amendment to the Scenic Roads Bylaw. Mr. Howry noted
that the Town had not accepted the statewide Scenic Roads Bylaw which was passed at the State
level in 2002. Mr. Howry read aloud his proposed motion. Mr. Howry stated that his intent was
to grow upon a report provided to the Select Board in 2006. Mr. Howry reviewed several historic
roads in Town, and their importance to the community. Mr. Howry highlighted that the Town
had a unique historic character and proposed the Town establish a committee, prioritize areas to
survey, complete an inventory to document the resources (roads, cart ways, walls and historic
dwelling locations), and to designate, monitor, and develop public interpretive materials.
Ms. Barry asked Mr. Makarious, Town Counsel, if the Town had a Scenic Roads Bylaw. Mr.
Makarious stated that the Town did not have a scenic road bylaw. Ms. Barry stated that she was
uncomfortable with asking Town Meeting to form a committee, which is what she viewed as the
intent of this proposed bylaw.
Mr. Sandeen asked if the Committee was formed would it have the authority to designate or
authority to recommend a resource be designated. Mr. Makarious stated that under the scenic
roads statute the committee proposed would be advisory, and stated that the recommendations
would be made to the Planning Board, Conservation Commission, or Historical Commission.
Mr. Makarious stated that some protections could come into effect after that recommendation,
and that the changing of things like stone walls would need to be reviewed by the Planning
Board.
Ms. Hai referenced a memo from Mr. Canale that the Planning Board was willing to work on this
and that she believed the Planning Board should be given time to review this. She stated that she
would want the Engineering Department and others to weigh in as well. Ms. Hai recommended
postponing this article.
Mr. Pato stated that the Planning Board had expressed interest in pursuing this and did not
believe the article may be necessary.
Mr. Lucente had concerns with longer term impacts, and wanted insight from the Planning Board
and staff.
Mr. Canale, Member of the Planning Board and Town Meeting Member, stated that he was one
of the local coordinators of Lexington Reconnaissance Survey of 2006. Mr. Canale noted that the
report had dozens of recommendations and many had already been implemented. Regarding
scenic roads, the Planning Board had proposed, but then sought indefinite postponement of,
adoption of a Scenic Roads Bylaw. Mr. Canale stated that the reason for forming a committee is
because there are many stakeholders regarding the aspects of a scenic roads bylaw. Mr. Canale
noted that the Planning Board only had so much power to implement or propose changes and that
a committee that was proposed by the Article could address and identify areas of concern. Mr.
Canale encouraged the Select Board to support the Article.
Dawn McKenna, Chairman of the Lexington Tourism Committee, thanked Mr. Canale for his
work on the Scenic Byways Committee. She noted it was important to recognize one of the
original goals of the Committee was to figure out how the Town could use the scenic byways as
part of its overall tourism strategy. She encouraged the Board to include a tourism aspect as part
of the Article conversation.
Mr. Lucente was concerned about the scope of the Article, and would like clarification from the
Town Moderator on this Article. Mr. Howry stated that the Town Moderator had reviewed his
revised bylaw.
DOCUMENT(S) PRESENTED: Presentation Scenic Road ByLaw Amendment - updated 2-8 21
9. Update on 2021 ATM Warrant Articles 32, 33 and 34
Mr. Gerry Paul, Tree Committee Chair, explained that Article 32 was proposed after there was a
request to remove a 42” oak tree on Concord Avenue. Mr. Paul presented a summary of the
proposed motion. Mr. Paul explained the Article was proposed to be a disincentive to request
removal of trees. Mr. Sandeen, as the Board’s liaison to the Tree Committee, stated his support
of the article.
Mr. Mark Connor, Tree Committee member, explained that Article 33 focused on data collection
and documentation. Mr. Connor explained that the Tree Committee was trying to get more
recognizable and accessible data. He stated that Article 33 would provide an itemized tree listing,
in a machine readable form, and provide the Town with a pre and post tree removal report from a
builder. Mr. Connor presented the proposed motion for Article 33, part A. Mr. Connor noted that
this Article would give the Town an accessible, digital knowledge base of the Tree Bylaw
Activity. Mr. Paul stated that Article 33, Part B, would require that property owners would need
to notify the town if they intended to remove trees. Mr. Paul reviewed the Article and the
proposed motion with the Board. Mr. Paul explained the proposed application process and
potential benefits. Mr. Sandeen, as liaison to the Tree Committee, stated his support for this
Warrant Article. Ms. Hai stated that was concerned about the feeling of intrusion on private
property and private property rights, and was not comfortable with the Article. The other
members of the Board echoed Ms. Hai’s views.
Nancy Sofen explained the goals of the Tree Committee regarding Article 34. Ms. Sofen also
explained the current Tree Bylaw, the amendments made to the bylaw in 2017, and the need for
further changes to the bylaw from her slide presentation. Ms. Sofen read aloud the proposed
motion for Article 34. She explained that a higher mitigation fee would encourage builders and
residents to look for alternatives to removal of trees or to provide funding to plant large shade
trees. Ms. Sofen explained ultimately the proposed changes would encourage the planting of
trees as opposed to paying mitigation fees. Mr. Sandeen, as liaison to the Tree Committee, stated
that he was in support of this article. The Board echoed Mr. Sandeen’s sentiments. Mr.
Makarious explained to the Board that he had reviewed the language proposed by the Article.
DOCUMENT(S) PRESENTED: Presentation - Article 32; Presentation - Article 34;
Presentation - Article 33 (a); Presentation - Article 33 (b); Art 32-34 Motions
10. Update on 2021 ATM Warrant Article 28 - Reducing Noise From Landscaping
Equipment
Mr. Koretz, Chair of the Noise Advisory Committee, presented to the Board regarding Article
28. Mr. Koretz explained that the Noise Advisory Committee would like to revise Noise Bylaw
to protect residents from noise and pollution from gas powered landscaping equipment. He noted
that gas powered leaf blowers (GLB’s) are the main issue when considering noise from
landscaping equipment. Mr. Kotetz stated that on top of limiting the use of GLB’s the Article
proposed hours which would restrict when certain landscaping equipment could be used by
contractors and residents. Mr. Koretz reviewed his presentation with the Board highlighting how
the proposed revision to the bylaw would affect residents over the first three years following the
passing of the warrant article. Mr. Sandeen voiced his support of the Article. Ms. Hai asked
several questions regarding enforceability, including the Town’s ability to survey, and who the
penalties would be assessed to. Ms. Hai stated that she supported the intent of the Article. Ms.
Barry asked if exceptions were being made for DPW equipment. The Board reviewed several
potential verbiage changes with Mr. Makarious, and he noted that this draft bylaw has not been
fully reviewed by his firm yet.
DOCUMENT(S) PRESENTED: Art 28 Landscaping motion; Presentation - Article 28
11. 2021 Annual Town Meeting - Article Presenters, Discussion, & Positions
Consent Agenda: Ms. Axtell informed the Board that the Appropriations Committee and Capital
Expenditures Committee had reviewed the Consent Agenda list the Board discussed at their prior
meeting and had proposed some changes. She also stated that the Planning Board and Tree
Committee met regarding Article 38 -Amend General Bylaws-Trees (Chapter 120) and the
Planning Board voted to IP that article, which Ms. Axtell recommended the Board add to the
Consent Agenda. The Appropriation Committee asked that if Article 24, regarding the high
school feasibility study, is IP’d that it be added to the Consent Agenda, as well. Ms. Axtell asked
the Board if the proposed Consent Agenda, plus Article 38 was agreeable. The Board
unanimously supported the proposed Consent Agenda to include Article 38 .
Article Presenters: Mr. Lucente explained that he had tried to evenly distribute the Article
presentations to the Board members, and asked if any Board members had any concerns
regarding their assignments. There were none.
DOCUMENT(S) PRESENTED: 2021 ATM Positions Chart; 2021 ATM Draft Consent Agenda
list with CEC suggestions; CEC Nominations for 2021 Annual Town Meeting Consent Agenda;
AC - Consent agenda suggestions; 2021 ATM Warrant
12. Approve the FY2022 Recommended Budget
Ms. Kosnoff explained that the budget process had begun with the Fiscal Budget Summits. There
were public meetings held on the operating budgets and most recently the Town Manager had
presented the FY2022 Recommended Budget and Financing Planto the Select Board on January
11, 2021 and at the Summit meeting on January 14, 2021.
Ms. Kosnoff highlighted that the budget was a level service, balanced budget that did not require
an operating override. She further stated that the Governor had released his preliminary State
budget with updated state aid numbers. The Bond and BAN sale allowed the Town to update the
debt service numbers presented in the budget, which had been projections previously. She also
noted that on Thursday, February 4, 2021 the State’s Department Of Revenue certified the
Town’s Free Cash, which came in at $17,300,000. She also stated that the Department of Public
Facilities had made changes to the Capital Budget. Based on available funds, the Free Cash
certification and revised state aid numbers that the Town had received, Ms. Kosnoff
recommended the Board eliminate the proposed draw from the General Stabilization Fund that
had been previously discussed. Ms. Kosnoff recommended balancing the budget with Free Cash,
while recognizing that it was not a best practice or one which the Town would be able to rely on
Fiscal Year to Fiscal Year.
Ms. Kosnoff reviewed the Budget Crosswalk with the Board.
DOCUMENT(S) PRESENTED: Budget Crosswalk; FY2022 Budget - Program Summary
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to
approve the FY2022 Recommended Budget and Financing Plan as shown in Column D of the
Program Summary (beginning on pg. 2 of the attachment), and authorize staff to make non-
substantive changes in preparing and finalizing the Brown Book.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
Ms. Barry expressed the sympathies of the Board on the passing of Barrie Peltz who had served
for many years on the School Committee, and including several years as Chair.
Mr. Lucente stated that the next meeting of the Select Board would be on Monday February 22,
2021.
ADJOURN
On a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn at 10:55
p.m.
A true record; Attest:
Michael Gibbons
Recording Secretary