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HomeMy WebLinkAbout2023-02-13 SB-min Select Board Meeting February 13, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, February 13, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai called the meeting to order at 6:30pm. PUBLIC COMMENTS Avon Lewis, President of the Lexington Education Association, stated that the Board will be reviewing Moody's AAA bond rating for the town of Lexington this evening. Lexington’s local economy is expected to continue growing, given its strong residential market and ongoing demand for commercial and industrial space. She stated that, even as a veteran educator at the top of the Lexington Public Schools pay scale, she was still sent a check from the State last year, as her family is considered low income. This is not an unusual story among the employees of Lexington public schools, and others who work in Town. Regarding sustainability, there are zero chargers in any of the solar parking installations for staff who commute long distances. Regarding social justice and diversity in hiring, the compensation Lexington offers lags peer communities in almost every indicator. The working conditions have declined over the last five years, as staff has continuously been asked to do more with less. She spoke with community members to explain that over $4M of their tax levy is going into set asides and they were shocked. The Town is sitting on $17M in free cash, which is plenty for set asides. She asked that the Board put taxes into the services the citizens of this Town depend on. Francesca Pfrommer, 195 Waltham Street, and employee of Lexington High School, stated that the imperative culture that exists in Lexington’s schools is unhealthy and damaging for students. Educators need a contractual commitment from the Superintendent and the School Board to reduce teacher caseloads from 125 students to 100 students per educator. She received a letter over the weekend from Dr. Hackett expressing commitment to phasing a cap to the proposed lows of 100 students. The letter also mentioned attempting to hire additional educators with grant funds. However, there is nothing to support the school’s attempt at moving forward in the budget that the Board will vote on this evening. She i mplored the Board to carefully consider and discuss what would be needed to realize the need to reduce the student loads for LPS educators. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Announcement: Moody's once again rated Lexington at its highest level, AAA "judged to be of the highest quality" 2. Select Board Member Concerns and Liaison Reports Mr. Sandeen stated that a week ago he attended the Hanscom Air Force Base site visit for the project that they are considering developing. He asked if the Board could discuss this item on a future agenda. Mr. Malloy noted that staff has been attending those meetings and Sheila Page is taking the lead. The Board should consider holding this discussion once the Environmental Impact Report (EIR) is issued. DOCUMENTS: Correspondence Secretary Report - February 6, 2023 TOWN MANAGER’S REPORT 1. Town Manager Weekly Update Mr. Moody stated that the opioid settlement is valued at approximately $857,000 over a period of between 5-15 years, depending on the company that is settling. DOCUMENTS: 2-10-23 CONSENT AGENDA It was noted that Mr. Lucente recused himself from Item #4. The Board took up this item separately. 1. Select Board Committee Appointments  Ad Hoc Transportation Committee o Sally Castleman - Member of Transportation Advisory Committee o Howard Cloth - Member of Senior Community o Sharon Gunda - Human Services Designee o Varda Haimo - Business Representative o Carolyn Kosnoff - Assistant Town Manager for Finance o Bridger McGaw - Member of Economic Development Advisory Committee o Deepika Sawhney - Member of School Committee To appoint Sally Castleman as the member of the Transportation Advisory Committee, Howard Cloth as the member of the Senior Community, Sharon Gunda as the Human Services designee, Varda Haimo as the business representative, Carolyn Kosnoff as the Assistant Town Manager for Finance, Bridger McGaw as the member of the Economic Development Advisory Committee and Deepika Sawhney as the member of the School Committee to the Ad Hoc Transportation Committee for a one-year term set to expire on February 13, 2024 or sooner once disbanded, and to further designate all seven members of the Ad Hoc Transportation Committee as Special Municipal Employees. DOCUMENTS: 2023AdHocTransportationCommitteeApplication-H.Cloth, 2023AdHocTransportationCommitteeApplication-V.Haimo, Ad Hoc Transportation Committee Charge 2. Application: One-Day Liquor License – Spectacle Management, Inc., 1605 Massachusetts Avenue  Jake Shimabukuro To approve a One-Day Liquor License for Spectacle Management, Inc. to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the Jake Shimabukuro musical performance on Sunday, July 16, 2023 from 7:00pm to 11:00pm. 3. Town Celebrations Committee Request – Approve Sending Sponsorship Letters for 2023 Patriots' Day Parade To approve the request of the Town Celebrations Committee to send out Patriots' Day sponsorship letters, as proposed. DOCUMENTS: 2023 Sponsor Request Letter, List for 2023 TCC mailing for Patriots Day Sponsorship VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve items 1-3 of the Consent Agenda. 4. Application: Battle Green Permit – Lions Club of Lexington, Inc. 109th Annual Patriots' Day 5-Mile Road Race To approve the request of the Lions Club of Lexington, Inc. to hold the 109th Annual Patriots' Day 5- Mile Road Race on Monday, April 17, 2023 from 10:00am to 12:00pm with an awards ceremony on the Battle Green at approximately 11:15am to 11:30am subject to working out all of the details with the Lexington Police Department, Lexington Fire Department, Department of Public Works, and the Town Manager's Office. DOCUMENTS: 2023 Patriots' Day Event/Battle Green Use Request - Lions Club of Lexington, Inc. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve Item #4 of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Police Station Solar Project Design Jeff McElravy, AIA, Tecton Architects, Inc., displayed a site plan of the proposed project. Regarding the elevations of the project, looking from Massachusetts Avenue towards the back of the property, the lower canopy sits approximately 10’ high. The taller canopy is high enough for emergency vehicles to move underneath. without obstruction, approximately 20’ high. It was noted that stalls are included on the plan for potential farmer’s market stalls and to reduce the amount of vehicles on the field. Regarding the additional leg on the Massachusetts Avenue canopy, he noted that the last Historic Districts Commission meeting vote was against including that canopy by a slim margin. The calculations show that 14,893 s.f. of canopy is required for this project. The large canopy currently is 14,120 s.f. There are potential extensions that can be made. The additional canopy proposed to extend to Massachusetts Avenue would provide 2,048 s.f. of panel, leading to a total of 16,168 s.f. This would lead to 115% of the demand. Mike Cronin, Director of Public Facilities, explained that 335,000 kilowatts of production per year are needed to offset the Police Station The production without the Massachusetts Avenue extension equates to 315,000 kilowatts. The Massachusetts Avenue extension would increase this to 350,000 kilowatts. Mr. McElravy stated that his estimate, including both panel sections, came in at $3.3M. This includes all items from a construction cost standpoint. Mr. Cronin stated that he believes this estimate will come down once construction dollar estimates are received and once it is determined how to incorporate the battery. In response to a question from Mr. Lucente, Mr. Cronin explained that, if the Massachusetts Avenue extension is not included, approximately a half million dollars’ worth of work can be removed from the estimate. Mr. Lucente suggested that there be some neighborhood meetings to discuss these plans. Regarding building the field itself, he suggested researching materials that might cut back on dust and mud. Ms. Barry noted that this integrated design does not require getting to Net Zero. She stated that direct abutters have confirmed that they have not yet been part of this planning process. She expressed extreme displeasure with that. In response to a question from Ms. Barry, Mr. Cronin stated that the batteries were previously cited, on plans that were approved months ago, near the monopole area. Ms. Hai asked about the possible encroachment on open space in the field from the project, Mr. Cronin stated that this model actually proposes an additional 10,000 s.f. of grassy area. Ms. Hai reiterated that the public and abutters need to be heard on this project. Mr. Pato noted that he would have supported the extension to Massachusetts Avenue. Mr. Cronin noted that another version of the drawings will be presented to the Historic Districts Commission (HDC) on March 2, 2023 in hopes that it will approve the extension. Ms. Hai noted that there is a motion included in the Board’s packet this evening to approve the project as presented. Mr. Malloy stated that the Board could approve the project based on what is currently approved by the HDC, with the understanding that the motion could be amended, if the HDC changes its position in the future. In response to a question from Mr. Sandeen, Mr. Cronin noted that the estimated $3.3M does not include the cost of the batteries. Mr. Sandeen agreed with Mr. Pato that we should achieve net zero with this project and is hopeful that the design team can find a way, as they have suggested may be possible, to achieve that goal. He would like to have a discussion with the Board about how we move forward with energy storage. Mr. Sandeen noted the importance of energy storage batteries for this project. He suggested that the energy storage system can provide substantially more value for the Town than the solar alone. He stated that energy storage for the Police Station can also provide an incredible resilience factor with instantaneous backup. He is supportive of this project and would like to approve the largest possible size, while also discussing the energy storage batteries, as this will allow for the greatest payback of this system. Mr. Lucente asked how the batteries will be paid for. Mr. Cronin stated that we are anticipating, understanding that the Massachusetts Avenue extension will not built, since we have the Mass Ave extension built into the project estimate, the funding for the Mass Ave extension could be used to fund the batteries. He stated there is a very good contingency built into this project budget. We do have the capacity to include batteries. The batteries could also be funded using the included contingency. Mr. Lucente stated that he believes the Massachusetts Avenue extension should be dropped, as it has not been approved by the HDC, and removal of it could allow for the batteries to be funded. Ted Page, 6 Fletcher Avenue, stated that he is a strong supporter of clean energy, but is opposed to the scale of this proposal. He stated that he does not believe the Town needs to sacrifice its open spaces to coordinate an installation of this scale. He is more in favor of the Massachusetts Avenue extension, as it will allow for progress without taking up this space. He expressed concern regarding the trees proposed to be cut and the fact that there has not been any outreach to the surrounding neighborhoods. Lin Jensen, 133 Reed Street, stated that she would strongly support the Massachusetts Avenue extension to provide a balanced project with additional shade. Renewable energy is important in Town and this building could come close to Net Zero through this project. Dawn McKenna, Precinct 6 Town Meeting Member, stated that the HDC already voted against the Massachusetts Avenue extension. She stated that this project should not be re-presented to the HDC in hopes of an appeal of its previous decision. Marcia Gens, 16 Dane Road, stated that she was encouraged to hear about the increase of green space through this project. Green space needs to have trees. Street trees are considered an asset to communities. She believes the plan, as presented this evening, showing trees creating a green space and blocking the leg of the Massachusetts Avenue extension looks nice. Battery storage is essential for this project. She suggested a shaded area with charger for police cars or other vehicles on the side of the building. Electric police cars could be used as another storage capacity. Sue Erickson, 31 Sherman Street, stated that all neighbors along this street have 6’ high fences; this structure is proposed to be 20’ high. She is disconcerted that neighbors have not been consulted throughout this design process. Tina McBride, 45 Turning Mill Road, stated that she hopes the final proposal for the Massachusetts Avenue extension will be presented to the HDC for approval. She is supportive of the battery storage. Sustainability and resiliency should be the first, last, and most important considerations. The possibility previously mentioned of charging electric police cars and using them in an emergency situation is interesting. The idea that a parking lot is more attractive than solar canopies and trees is very confusing. A green space is usually nicely buffered with trees. The back area could be screened with evergreens, which will not lose their leaves. Leslie Wilcott-Henrie, 70 East Street and speaking on behalf of the Farmer’s Market, expressed concern with the green material during the market and the access of the parking spaces mentioned that could be used for the market. She asked when the park will actually be open. Mr. Cronin stated that the intention is for the green surface to be done simultaneously with the Police Station and solar panel installation. The intention would be to open the building, park, and canopies simultaneously. Ms. Hai stated that she would like to see a view of this project from the part of Fletcher Road where the residential homes are located. This will give a better idea of the impact of the project to those homes. She stated that she would also like to examine the trees proposed on site, in terms of loss of leaves during seasons. Finally, she would like for there to be conversations with the Farmer’s Market to make sure that the overhangs proposed are the correct dimensions to be utilized by the market. Ms. Hai stated that she is not opposed to the Massachusetts Avenue extension, but she is opposed to reopening a closed case and believes this should move forward with the current vote of the HDC. Ms. Barry stated that she would like information regarding if the parking spaces will be able to be utilized by the Farmer’s Market, in terms of the parking needed for Town staff. She stated that she is opposed to the Massachusetts Avenue extension at this time. She is disappointed that there has not been outreach to the neighbors. Mr. Sandeen stated that he believes there needs to be more of an in-depth financial analysis before bringing this to Town Meeting. This calculation may want to include Level III charging stations for rapidly charging the police vehicles, as has previously been discussed. Installing a battery in the Police Station can significantly lower the cost of running these vehicles. He believes we have a much stronger financial case to make for the Town by trading the Mass Ave extension cost for additional energy storage. Mr. Malloy stated that the Board may want to have a discussion regarding the proposed field surface for Fletcher Park, as it is currently proposed to be grass, and there has been conversation that a different material may be desired. Mr. Cronin stated that the Fletcher Park grass costs and restoration is already included in the Police Station budget. The Board agreed that it would like to hear more information regarding the financials and outreach to the neighborhoods before voting on this item. There was consensus that this project should not be represented to the HDC at this time. DOCUMENTS: Presentation 2. 2023 Fee Schedule for Recreation & Community Programs Melissa Battite, Director of Recreation & Community Programming, stated that the overall revenue projections associated with the adjustments is $140,137. Some of the new items proposed include a new senior pass for non-residents at the pool, an increase of $10 for swim lessons at the pool, a punch card system for residents for the pool, an increase in rates for lessons for tennis and pickleball, increases to summer camps and sports clinics due to associated expenses, increases to golf course rates and cart rentals, and increases to flag football, winter basketball and other sports. These proposed increases are determined by reviewing the direct expenses, the entire Recreation Enterprise Fund, and completing a market analysis. She noted that there are no increases proposed to the Community Center. There will be fees associated with certain tiers for use of the mansion space and tent. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the 2023 Recreation Fee Schedule as presented as per the attached. DOCUMENTS: 2023 Proposed Fee Schedule Request & Memo 3. 2023 Annual Town Meeting  Procedures for Participation at 2023 Annual Town Meeting Ms. Hai noted that the Select Board called for an in-person Annual Town Meeting to begin on Monday, March 20, 2023. Tonight, the Select Board will discuss the use of technology and procedures for an in- person Town Meeting. Deborah Brown, Town Moderator, stated that she has some goals as the Town moves back toward an in- person Town Meeting. She would like the Town to try to do its best to accommodate the varied health needs and concerns of members. Second, is to be nimble should health and public safety circumstances change suddenly. Third, is to preserve the progress made and collective familiarity with the online portal, in order to easily adapt if and when the legislature acts upon the Home Rule petition to allow for hybrid meetings. She recommended that Town Meeting dispense with seating by precinct and instead make the entire floor area and two thirds of the balcony for Town Meeting members, leaving one third of the seating for the public. She also recommended using the online portal for voting and queuing for the line at the microphones. This will require providing computing devices and online charging stations. The queuing will allow people to spread out throughout the room. There will also need to be confirmation that only Town Meeting members present at Town Meeting are voting. Mary de Alderete, Town Clerk, stated that she would like to see the existing poll pad technology used, in order to check Town Meeting members in and assign a clicker or a portal device. The group discussed ways to demo this process. Vicki Blier, Precinct 9 Town Meeting member, stated that she likes Mr. Lucente’s idea of people sitting with their precincts, instead of only with their friends. She noted that people waiting in line could be required to wear masks. Ms. McKenna suggested that each precinct be given an area to sit in to allow for adequate spacing. She likes the idea of requiring masks while in line. She stated that she would like to see the meeting run in- person as close to normal as possible. Andrew Friedlich, 22 Young Street and Precinct 5 Town Meeting member, asked if there would be an option for a training session at Battin Hall, prior to Town Meeting. Ms. Hai agreed that there will need to be some form of training for any system used for Town Meeting. Ms. Hai noted that, if Town Meeting ultimately goes hybrid, the clicker system will likely not be used anymore. She is unclear if it makes sense to go back to this system, only to then move away from it again. Ms. Barry stated that she is interested in simplicity and noted that the clickers are sitting in the closet while still being paid for. Simplicity may mean clickers at this time, although that could lead to issues with queuing. Ms. Brown stated that she believes she could integrate the older system with the queuing system in some way. Ms. Hai stated that the Board needs a bit more information on the viability of this proposal. Ms. Barry stated that this will push the decision to potentially three weeks prior to Town Meeting. The Board members were in consensus regarding separating the seating, as proposed by Ms. Brown. The Board agreed that there was no issue with placing additional microphones. Ms. Hai stated that she is in favor of using the software. Mr. Lucente stated that he is in favor of using the clickers. Mr. Pato stated that he is in favor of using the software. Ms. Barry stated that she is in favor of using the clickers. Mr. Sandeen stated that he is in favor of using the software. Ms. Hai noted that the clickers will still need to be charged and ready to go, just in case. The Board took a brief recess.  Presentation - ATM 2023 Article 40: Amend Section 135 - 4.4 of the Zoning Bylaw – Reduce Residential Gross Floor (Citizen Petition) Matt Daggett, Citizen Petitioner, stated that, for over 30 years, the Town has been discussing how to address the phenomenon of having large new residential construction replacing existing housing. Six years ago, progress was made towards addressing some of these challenges by enacting the first regulations that looked at the size of single lot housing as a function of the actual lot size. The purpose of this article is to refine that 2016 proposal and adjust it to address current housing trends, long standing policy goals that the Town has articulated, and residential concerns. The Planning Board formed a Residential Policy Committee which worked on many different initiatives, including a Dimensional Controls working group. A report showed that the trajectory of residential development in Lexington is not consistent with what the Town would like to see, as articulated in the Comprehensive Plan. The first regulation looked to create a diversity in housing stock, by encouraging smaller and medium sized houses. Limiting the massing of a building can help to reduce some of the impacts to abutting properties, the streetscape, etc. This new petition looks to consider a reduction in gross floor area (GFA). One purpose of this is to manage the impact of large homes on established neighborhoods. He stated that there has already been quite a bit of communication regarding this petition that has taken place with residents, staff, and those in the building community. Mr. Daggett explained that the purpose of this article is to reduce the allowable gross floor area for all new structures moving forward, while retaining the current limits for the structures that are already lawfully in existence. The GFA reduction starts to increase as a function of larger lot sizes. This will enable the production of smaller, newer construction houses by creating a greater spectrum of size. It could potentially create incentives for the renovation and expansion of existing homes, due to existing properties falling into the lower limits. It also could potentially create a strong incentive for using something other than the conventional subdivision bylaw, such as open space residential developments. He stated that he will be presenting this to the Planning Board on Wednesday for feedback. Mr. Lucente asked if there is data on the existing housing stock in Lexington and what would not be allowed based on the new table. Mr. Daggett noted that this is a measured reduction that brings the Town in the right direction. An existing property would still be able to expand to the limits existing today. There is still a tremendous amount that is feasible on the existing lots in Town.  Select Board Article Presenters, Discussion and Positions The Board reviewed this item. Ms. Hai requested that each Board member submit a draft presentation topic to Ms. Katzenback no later than March 9th. DOCUMENTS: TMMA Survey Results on Mobile Device Access, ModeratorRequest2023ATM, Art 40 GFA reduce draft motion, Art 40 presentation, Art 2 motion 2.9.23, 2023ATM Select Board Positions Working Document, Proposed Topics/Scribes for Select Board Report to 2023ATM, Art10CPCmotion 4. Joint Meeting - Select Board & Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee  Presentation - ATM 2023 Article 33: Amend Zoning Bylaw - Special Permit Residential Development Wendy Manz and Charles Hornig, SPRD Members, presented the 2023 Annual Town Meeting Article 33: Amend Zoning Bylaw - Special Permit Residential Development. This is an update to the Select Board, with a potential motion as drafted for Town Meeting. This was last presented to the Board in November 2022. Ms. Hai opened the joint meeting at 9:30 pm. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee (SPRD) called their members to order for the Joint Meeting. Present from SPRD: Ms. Hai, Chair; Mr. Cooper; Ms. Hartshorn; Mr. Hornig; Ms. Manz; Ms. Murphy; and Ms. Weiss. Ms. Manz explained that the goals of this proposal are to create attractive alternatives to building conventional subdivisions, to create new models that will provide smaller, more affordable, and sustainable homes, to increase the number of our affordable homes to meet the Town’s SHI obligations, and to simplify and clarify zoning regulations. Placing a number of housing units in individual buildings will allow for the creation of a number of units in Town; also, individual houses could be built on a smaller model scale. Regarding sensitive residential developments, currently these permit single family houses with no inclusionary requirements. This new model suggests different models of housing permitted in sensitive developments, such as attached, detached, or multifamily. A 15% GFA is proposed to be devoted to affordable housing units, and an additional 15% devoted for market rate housing units as a density bonus to help compensate developers for the cost of providing the affordable units. On smaller developments of six units or fewer, payments in lieu would be allowed. The second model, Compact Neighborhood Development, would also permit a variety of housing types. This model would also have an additional 15% for affordable units, and a density bonus of 15%. The maximum size of single homes in these developments would be 2,800 s.f. GFA, and the average size of units would not exceed 2,250 s.f. GFA, with living area smaller in each case. Hopefully there would be an inclusionary housing requirement in both models. Two thirds of the 15% GFA would be affordable to households making 80% or less of the area median income. The Committee would favor using site plan review for review of these projects, as it provides enough criteria for the Planning Board in dealing with important details of the developments. This will be an incentive to developers, as it will expedite the approval process, while saving the developer time, money, and uncertainty. She stated that moving this forward at the same time as the Planning Board’s proposed MBTA multifamily zoning proposal will allow for complementary proposals as part of a comprehensive approach to housing development in Lexington. These two items do not really overlap. In response to a question from Ms. Barry, Mr. Hornig stated that the fact that the density bonus and the inclusionary percentage are the same is a coincidence. A small group with existing knowledge discussed the 15% amount in order to come up with it. In response to a question from Mr. Sandeen, Mr. Hornig explained that this proposal could happen anywhere in Lexington, but only on sites of a conventional subdivision, not on a conventional buildable lot. There are few sites in Town large enough to support a subdivision, so, in that sense, this will not have a huge impact. The joint meeting adjourned at 9:49pm The Select Board returned to their regular meeting. DOCUMENTS: Art33 SPRD motion, Article 33 SPRD Presentation 5. Presentation - Town Meeting Member Association (TMMA) Recommendations for Town Meeting Information Improvement Bridger McGaw, Precinct 6 Town Meeting Member, presented recommendations from the Lexington TMMA Executive Board for improving transparency and timeliness of information sharing with Town Meeting Members through Town website content management. There are five associated recommendations. The first was to continue expanding the use of the Town Meeting webpage for educating Town Meeting members. The second was to revise internal Town processes to ensure transparent posting to the Annual Town Meeting webpage, including memos, analysis, and recommendations specific to articles on the warrant; to begin tagging data well in advance provided by boards and committees for the web page. Also, to create formal policy guidance around citizen’s article information, so that it may be posted. Additionally, to add web functionality to allow for printing of supporting materials by Article. Mr. Lucente noted that the world has changed since he first started attending Town Meetings, but he does not want to lose sight of the original intent of Town Meeting - to be an active participant. Information can be made easier to find though. Ms. Hai stated that she supports the idea of making information, especially already existing information, more easily available. She also likes the goal of creating more formal policy guidance for articles. Ms. McKenna noted that people have different learning styles and comfort levels with technology. There should not be an automatic deferral to those who wish to receive information electronically, because not everyone does. DOCUMENTS: Presentation - Considerations for Increasing Transparency By Providing Essential Information to Town Meeting Members in Advance of Town Meeting, 2023.01.12 TMMA Enhancement Recommendations Memo 6. Award Sale of Bonds and Notes Ms. Kosnoff stated that on Wednesday, February 8, 2023, the Town sold $37,165,000 of general obligation bonds. Moody’s conducted a review of the sale and rated the Bonds AAA, which is the highest rating that can be obtained by a municipality. The bond issue was for a variety of municipal purposes, including $31M to finance the design and construction of the new Lexington Police Station. The Town received 14 competitive bids. 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 3.21% to a low of 3.03%. The low bidder was Mesirow Financial, Inc., whose TIC of 3.03% included a premium of $3,554,982. 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 $33,940,000 and net proceeds to the Town of $37,316,796.85. The Town also renewed $500,000 of Bond Anticipation Notes for the Hastings Elementary School which were issued in September 2022. This roll-over note approximates the remaining amount of reimbursement that is expected from the Massachusetts School Building Authority when the project close-out is completed. This is a one-year note due in February 2024. Bids are ranked on a calculation of net interest cost (NIC), which takes into consideration the amount of the issue, coupon rate and offering premium. Two bids were submitted for the notes and the low bid will be awarded to Piper Sandler & Co., whose NIC of 3.65% included a premium of $9,200. 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 Hastings School construction project authorized by a vote of the Town passed on October 16, 2017 (Article 2) being financed with proceeds of a portion of the Bonds, 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 $33,940,000 General Obligation Municipal Purpose Loan of 2023 Bonds of the Town dated February 23, 2023 (the “Bonds”), to Mesirow Financial, Inc. at the price of $37,316,796.85 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: Interest Interest Year Amount Rate Year Amount Rate 2024 $1,940,000 5.00% 2034 $1,665,000 4.00% 2025 $1,930,000 5.00% 2035 $1,660,000 4.00% 2026 $1,930,000 5.00% 2036 $1,660,000 4.00% 2027 $1,925,000 5.00% 2037 $1,660,000 4.00% 2028 $1,925,000 5.00% 2038 $1,660,000 4.00% 2029 $1,825,000 5.00% 2039 $1,375,000 4.00% 2030 $1,825,000 5.00% 2040 $1,375,000 4.00% 2031 $1,825,000 5.00% 2041 $1,370,000 4.00% 2032 $1,825,000 5.00% 2042 $1,370,000 4.00% 2033 $1,825,000 4.00% 2043 $1,370,000 4.00% And further: to approve the sale of $500,000 5.50 percent General Obligation Bond Anticipation Notes of the Town dated February 24, 2023, and payable February 23, 2024 (the “Notes”), to Piper Sandler & Co. at par and accrued interest, if any, plus a premium of $9,200. 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 1, 2023, and a final Official Statement dated February 8, 2023 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved, and adopted. And further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 3, 2023, and a final Official Statement dated February 8, 2023, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved, and adopted. And further: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. And further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a 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 any certificates or documents relating to the Bonds and 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 votes. DOCUMENTS: Moody's Press Release, Moody's Credit Opinion, Bond Sale Bids, Bond Sale Purposes and Results, BANSaleBids, Bond Form, Bond Anticipation Notes, Bond No Litigation Certificate, No Litigation Certificate -BANS, Tax Certificate, Continuing Disclosure Certificate, Significant Events Disclosure Certificate 7. Approve Final List of Participatory Budgeting Projects Mr. Malloy explained that the provided a ranking of potential participatory budgeting projects, as per the Select Board's discussion and votes on January 23, 2023, and Mr. Pato's vote after that meeting. As per the Select Board's discussion at that meeting, Town staff also developed an estimate to install hands-free bathroom fixtures at various locations as per the attached estimate. The Board should review this list one last time and decide whether to limit it to the top five projects at $440,000 (doesn't exceed the $500,000 budget); top five items and the hands free at $617,500; top ten projects at $1,030,000; or top ten projects and the hands-free fixtures at $1,207,000. The Board may also reconsider any of the items and include them as well. In response to a question from Ms. Hai, Mr. Malloy explained that there is a plan to get the voting out to as many residents as possible. Voting will be tied to people’s IP addresses and so there should not be an issue with repeat voters. Sean Dugan, Public Information Officer, stated that a mix of both digital and non-digital forms of outreach will be used to get broad outreach. It was explained that, when voting, people will be able to see the amount budgeted and pick projects to balance within that budget. People will also be able to rank their preference for projects. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to include the following items for residents to vote on for participatory budgeting: flashing lights at crosswalks and bike paths; the Clarke School smart traffic light; the bus shelter(s) on Town-owned land only; bike racks - multiples at $1,000 each; inclusive multigenerational space; crosswalks for ACROSS Lexington routes N&P; a dog park on Town-owned land only; the Aquatics Center shade; conservation land improvements; benches; Lexington Community Orchard on Town-owned land; and Sutherland Park seating improvements. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to add the hands-free faucets in the as-listed buildings to the list. DOCUMENTS: Participatory Budget Votes from 1-23-23 SB Meeting, Hands Free Bathroom Fixtures Estimate 8. Discuss and Approve the FY2024 Recommended Budget and Financing Plan Ms. Kosnoff reviewed the FY24 recommended budget and financing plan. The Board discussed level service versus level fund for the Lexpress item. Ms. Hai stated that she would like to see this level serviced. Mr. Pato agreed with level servicing this item. Additional cuts could be considered at a later date. Ms. Barry agreed with Ms. Hai and Mr. Pato. Mr. Lucente noted that it is slightly concerning economically to fund an item that the Town is currently getting little value from. However, he agreed with level service funding this item, as cuts have not been fully discussed with the public. Susan Barrett stated that she would like a chance to discuss the recommendations that came out of the Tri Town Transit Study. A couple of these recommendations deal with funding, including to overhaul the Town permitting processes to start building incentivized private sector partners for local public transportation, financing, and route building. Ms. McKenna noted that the Board should be very careful in making transportation decisions, as it is yet th unknown what kind of services and connections will be needed for the 250 celebration. A member of the Transportation Advisory Committee stated that, on behalf of the Transportation Advisory Committee, the group is firm in retaining level service. The group is working on solutions to build back ridership and utilization of these services. Grants are being considered for funding sources. Stability will be needed over several years for Lexpress to recover from the pandemic. The Board discussed curbside composting. Mr. Malloy explained that there are three ways to consider funding this. ARPA is one potential funding source, and free cash is a second source. The third source could be cutting other expenditures or staff, which would be difficult at this point in time. He asked the Board to discuss the parameters of the pilot program. There was consensus that the intention was for the pilot to be 2,000 households. The 1,300 people who are currently paying would have the option, but some number of them may opt to continue paying as it is already built into their budget. That would open up the opportunity for more than 700 new households, but the program is capped at 2,000. In response to a question from Ms. Barry regarding how to know if the pilot is successful, Mr. Malloy explained that Black Earth will be providing the Town with estimates for the waste stream that is being removed from the general waste stream through this program. Ms. McKenna stated that she has a real issue with using ARPA funds for this program, when the Board is still sitting on other requests, with at least one for an already existing program in Town. Mr. Lucente agreed that this program does not necessarily match the unwritten rules the Board has previously set forth for using ARPA funds. Ms. Hai noted that, while she agrees with that, there is potentially an environmental and health aspect to this proposed project. The Town is using free cash for the trash budget and could consider this project as part of that. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to increase the Human Services Expense Line Item by $140,000 for a total of $1,151,601; and to increase the transfer from the TDM Stabilization Fund to the General Fund for this purpose by $140,000 for a revised total of $311,000. Further, Move to approve the use of $216,000 of ARPA funds for the purpose of funding a curbside composting pilot program. DOCUMENTS: Memo, FY2024 Recommended Budget - Program Summary_v2, FY2024 Recommended Budget - Program Summary_Blackline 9. Review and Approve PayByPhone at Parking Meters Mr. Malloy explained that the Board previously discussed adding pay-by-phone option at parking meters, as an additional option for payment. This can be done at minimal expense to the Town and within the current budget. This will be done by placing stickers on the meters, at a minimal cost. Rob Green, President of Lexington Firefighters Local 1491, asked to speak on the budget. He stated that, th at the February 6 Select Board meeting, he and his members took issue with comments made by Town Manager Malloy when speaking about the Fire Prevention PIR. Mr. Malloy referenced that he did not feel there was a tremendous need for the fire prevention position under the context that he does not receive complaints from contractors or builders that are waiting for inspections. The benchmark for how any Town service is performing should never be that no complaints are received, especially for services serious to public safety. The bar for fire prevention is ensuring safety for buildings being permitted, and also the safety of the men and women of the Lexington Fire Department that respond to those buildings. He implored Town administrators to use creative and pragmatic approaches to meet the needs of the growing community, keeping public safety as a top priority. Mr. Malloy noted that he not only did not receive any complaints. In fact, he visited businesses with the Economic Development Director and head a lot of compliments. The Board returned to the pay-by-phone item. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to expand the use of Pay-By-Phone as an additional option for all parking meters on streets in addition to parking lot payment. Mr. Malloy noted that the FY24 recommended budget motion needed to be restated with additional information. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the FY24 budget as presented, with the following amendments: To increase the Human Services Expense Line Item by $140,000 for a total of $1,151,601; and to increase the transfer from the TDM Stabilization Fund to the General Fund for this purpose by $140,000 for a revised total of $311,000. Further, Move to approve the use of $216,000 of ARPA funds for the purpose of funding a curbside composting pilot program. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 11:08pm. A true record; Attest: Kristan Patenaude Recording Secretary