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Boxborough Select Board · 2022–2023 Board · Meeting night

November 28, 2022

2 meetings this evening, 13 recorded votes in all, in the order they were held.

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Boxborough Select Board · Special meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Note on these minutes: This file records only the open-session vote to go into executive session (before the regular meeting that day, which has its own minutes).

Present: Diana Lipari, Leslie Fox, Wesley Fowlks, John Markiewicz

Absent: None

1 recorded votes, 0 with disagreement. This meeting on its own page

EXECUTIVE SESSION

Enter Executive Session at 6:30 pm to address item a

Minutes, page 1

ProceduralPassed · Unanimous, 4 present

Chair Lipari moved to enter Executive Session at 6:30 pm to address item a. Seconded by Member Fowlks. Approved: 4-0 by Roll Call Markiewicz "aye," Fowlks "aye," Fox "aye," Lipari "aye."

From the minutes

“Chair Lipari moved to enter Executive Session at 6:30 pm to address item a. Seconded by Member Fowlks. Approved: 4-0 by Roll Call Markiewicz "aye," Fowlks "aye," Fox "aye," Lipari "aye.".” (Motion: Lipari, second: Fowlks)

Read it in the official minutes, page 1 (PDF)

Boxborough Select Board · Regular meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Present: Diana Lipari, Wesley Fowlks, Leslie Fox, John Markiewicz

Absent: None

12 recorded votes, 1 with disagreement. This meeting on its own page

ANNOUNCEMENTS

Approve the meeting minutes of September 8, 2022; September 12, 2022; September 15, 2022; September 19, 2022; September 26, 2022; October 12, 2022; October 17, 2022; October 24, 2022; November 10,...

Minutes, page 1

Approve minutesPassed · Unanimous, 4 present

Member Fowlks moved to approve the meeting minutes of September 8, 2022; September 12, 2022; September 15, 2022; September 19, 2022; September 26, 2022; October 12, 2022; October 17, 2022; October 24, 2022; November 10, 2022; and the ABRSC October 25, 2022. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye."

From the minutes

“Member Fowlks moved to approve the meeting minutes of September 8, 2022; September 12, 2022; September 15, 2022; September 19, 2022; September 26, 2022; October 12, 2022; October 17, 2022; October 24, 2022; November 10, 2022; and the ABRSC October 25, 2022. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye.".” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

NEW BUSINESS

Accept the resignation of Lovingsky Jasmin from the Diversity, Equity, and Inclusion Committee (DEIC) with a letter of thanks for his service to the community

Minutes, page 1

ApprovePassed · Unanimous, 4 present

Member Fowlks moved to accept the resignation of Lovingsky Jasmin from the Diversity, Equity, and Inclusion Committee (DEIC) with a letter of thanks for his service to the community. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." d.

From the minutes

“Member Fowlks moved to accept the resignation of Lovingsky Jasmin from the Diversity, Equity, and Inclusion Committee (DEIC) with a letter of thanks for his service to the community. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." d..” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 1 (PDF)

d. Public Hearing Re: Classification of Tax Rate Factor for FY '23

Adopt a single Tax Rate for FY '23

Minutes, page 1

ApprovePassed · Unanimous, 4 present

Chair Lipari moved to adopt a single Tax Rate for FY '23. Seconded by Member Fowlks. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." ii.

From the minutes

“Chair Lipari moved to adopt a single Tax Rate for FY '23. Seconded by Member Fowlks. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." ii..” (Motion: Lipari, second: Fowlks)

Read it in the official minutes, page 1 (PDF)

Pass over and not adopt the Small Commercial Exemption, the Residential Exemption, and the Open Space Discount

Minutes, page 2

ApprovePassed · Unanimous, 4 present

Chair Lipari moved to pass over and not adopt the Small Commercial Exemption, the Residential Exemption, and the Open Space Discount. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." e.

From the minutes

“Chair Lipari moved to pass over and not adopt the Small Commercial Exemption, the Residential Exemption, and the Open Space Discount. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." e..” (Motion: Lipari, second: Markiewicz)

Read it in the official minutes, page 2 (PDF)

g. Action RE: Awarding $975k Bond Anticipation Note (Sgt Rd/Roadwork BANs from 2022 ATM)

Approve the sale of $975,000 4.00 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated December 6, 2022, and payable December 6, 2023, to Fidelity Capital Markets, a...

Minutes, page 3

Adopt orderPassed · Unanimous, 4 present

Member Fowlks moved to approve the sale of $975,000 4.00 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated December 6, 2022, and payable December 6, 2023, to Fidelity Capital Markets, a division of National Financial Services LLC at par and accrued interest, if any, plus a premium of $2,944.50. 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 November 9, 2022, and a final Official Statement dated November 16, 2022, 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 significant events 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 Notes for the benefit of the holders of the 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 Notes and to comply with relevant securities laws.

From the minutes

“Member Fowlks moved to approve the sale of $975,000 4.00 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated December 6, 2022, and payable December 6, 2023, to Fidelity Capital Markets, a division of National Financial Services LLC at par and accrued interest, if any, plus a premium of $2,944.50. 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 November 9, 2022, and a final Official Statement dated November 16, 2022, 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 significant events 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 Notes for the benefit of the holders of the 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 Notes and to comply with relevant securities laws. And Further, that any certificates or documents relating to the Notes (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 vote. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." h..” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

h. Action RE: Amending/Restating Treasurer/Collector Personnel Contract

Authorize the Town Administrator to execute the restated contract with the Treasurer/Tax collector as presented

Minutes, page 3

ApprovePassed · Unanimous, 4 present

Member Fowlks moved to authorize the Town Administrator to execute the restated contract with the Treasurer/Tax collector as presented. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." i.

From the minutes

“Member Fowlks moved to authorize the Town Administrator to execute the restated contract with the Treasurer/Tax collector as presented. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." i..” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

i. Action RE: Confirming Treasurer/Collector as Finance Director

Confirm the appointment of Jared R. Aponte as Finance Director, without term

Minutes, page 3

AppointPassed · Unanimous, 4 present

Action RE: Confirming Treasurer/Collector as Finance Director Town Administrator Johns explained that the funding has already been approved for this annual stipend at Town Meeting Chair Lipari to confirm the appointment of Jared R. Aponte as Finance Director without term. Seconded by Member Markiewicz. 20221128 3 Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." j.

The minutes read “Chair Lipari to confirm the appointment of Jared R. Aponte as Finance Director without term”, without the word “moved”.

From the minutes

“Action RE: Confirming Treasurer/Collector as Finance Director Town Administrator Johns explained that the funding has already been approved for this annual stipend at Town Meeting Chair Lipari to confirm the appointment of Jared R. Aponte as Finance Director without term. Seconded by Member Markiewicz. 20221128 3 Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." j..” (Motion: Lipari, second: Markiewicz)

Read it in the official minutes, page 3 (PDF)

j. Action RE: Discussion & Vote of TA's Contract Amendment to Include Performance Evaluation Form

Accept the Town Administrator's contract amendment to include a performance evaluation form, with amendments

Minutes, page 4

ApprovePassed · Unanimous, 4 present

Member Fowlks moved to accept the Town Administrator's contract amendment to include a performance evaluation form, with amendments. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." k.

From the minutes

“Member Fowlks moved to accept the Town Administrator's contract amendment to include a performance evaluation form, with amendments. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." k..” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 4 (PDF)

That, pursuant to the authority vested in it by the vote of the May 9, 2022 Annual Town Meeting under Article 26, and of every other authority appertaining, hereby accepts the gift of land of...

Minutes, page 4

ApprovePassed · Unanimous, 4 present

Member Fox moved that, pursuant to the authority vested in it by the vote of the May 9, 2022 Annual Town Meeting under Article 26, and of every other authority appertaining, hereby accepts the gift of land of 7.747 acres of land, together with any structures thereon, as shown on as shown as Lot C on plan entitled "Plan of Land in Acton, Mass, and Boxborough, Mass., Owned by: Mildred L. Erikson, dated November 23, 1973, by Acton Survey & Engineering, Inc., recorded with Middlesex South District Registry of Deeds in Book 12573, Page 67, and as Plan Number 1630 of 1973, from Ruth L. Landry, Trustee of The 213 Summer Road Realty Trust, for recreational, accessory, and related purposes, such as attendee parking and sheds for recreational equipment and field maintenance and provided, further, that such action is for a deed in the form presented, and that Town Counsel, with the approval of the Town Administrator, may authorize changes of form to the deed prior to recording. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." d.

From the minutes

“Member Fox moved that, pursuant to the authority vested in it by the vote of the May 9, 2022 Annual Town Meeting under Article 26, and of every other authority appertaining, hereby accepts the gift of land of 7.747 acres of land, together with any structures thereon, as shown on as shown as Lot C on plan entitled "Plan of Land in Acton, Mass, and Boxborough, Mass., Owned by: Mildred L. Erikson, dated November 23, 1973, by Acton Survey & Engineering, Inc., recorded with Middlesex South District Registry of Deeds in Book 12573, Page 67, and as Plan Number 1630 of 1973, from Ruth L. Landry, Trustee of The 213 Summer Road Realty Trust, for recreational, accessory, and related purposes, such as attendee parking and sheds for recreational equipment and field maintenance and provided, further, that such action is for a deed in the form presented, and that Town Counsel, with the approval of the Town Administrator, may authorize changes of form to the deed prior to recording. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." d..” (Motion: Fox, second: Markiewicz)

Read it in the official minutes, page 4 (PDF)

Award the contract for the improvement of Liberty Field in the amount of One million, three hundred forty-four thousand, five hundred seven two dollars and no cents ($1,344,572.00) covering the...

Minutes, page 4

Adopt orderPassed · Unanimous, 4 present

Chair Lipari moved to award the contract for the improvement of Liberty Field in the amount of One million, three hundred forty-four thousand, five hundred seven two dollars and no cents ($1,344,572.00) covering the base bid and alternate(s) number 1, 2, and 3, and further to authorize the Town Administrator to execute the contract to the same and to authorize him to issue change orders as he deems necessary and appropriate in amount not to exceed one hundred thirty-four thousand four hundred fifty-seven dollars and no cents ($134,457) and award to the lowest qualified bidder, Green Acres Landscape and Construction, Inc. Seconded by Member Fox. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." e.

From the minutes

“Chair Lipari moved to award the contract for the improvement of Liberty Field in the amount of One million, three hundred forty-four thousand, five hundred seven two dollars and no cents ($1,344,572.00) covering the base bid and alternate(s) number 1, 2, and 3, and further to authorize the Town Administrator to execute the contract to the same and to authorize him to issue change orders as he deems necessary and appropriate in amount not to exceed one hundred thirty-four thousand four hundred fifty-seven dollars and no cents ($134,457) and award to the lowest qualified bidder, Green Acres Landscape and Construction, Inc. Seconded by Member Fox. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye." e..” (Motion: Lipari, second: Fox)

Read it in the official minutes, page 4 (PDF)

e. Action RE: Opening/Closing Dates for Annual Town Meeting (ATM)

Inform all boards, committees, commissions, and the public at large that the Warrant of the 2023 Annual Town Meet will open for the submission of articles and citizen petitions on December 12,...

Minutes, page 4

ApprovePassed · Unanimous, 4 present

Chair Lipari moved to inform all boards, committees, commissions, and the public at large that the Warrant of the 2023 Annual Town Meet will open for the submission of articles and citizen petitions on December 12, 2022 and shall close for such submissions at 4:00 PM on January 9, 2023. Seconded by Member Fowlks. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye."

From the minutes

“Chair Lipari moved to inform all boards, committees, commissions, and the public at large that the Warrant of the 2023 Annual Town Meet will open for the submission of articles and citizen petitions on December 12, 2022 and shall close for such submissions at 4:00 PM on January 9, 2023. Seconded by Member Fowlks. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye.".” (Motion: Lipari, second: Fowlks)

Read it in the official minutes, page 4 (PDF)

ADJOURN

Adjourn

Minutes, page 4

ProceduralPassed · Unanimous, 4 present

Member Fowlks moved to adjourn the meeting at 8:40 p.m. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye."

From the minutes

“Member Fowlks moved to adjourn the meeting at 8:40 p.m. Seconded by Member Markiewicz. Approved: 4-0-0 by Roll Call Markiewicz, "aye," Fox "aye," Fowlks "aye," and Lipari "aye.".” (Motion: Fowlks, second: Markiewicz)

Read it in the official minutes, page 4 (PDF)

From the Boxborough Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Boxborough Select Board page (named group photo, LCTV) — Sam Anderson, Priya Sundaram, Wes Fowlks, Bob Stemple and Kristin Hilberg. Cropped by MassVoter. Former members show initials.

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