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2024-10-07 SB Packet - Released
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The Select Board will not be taking up individual MBTA Zoning projects as items on our agenda. However, Select Board members are welcome to comment on this project individually and directly to the Planning Board if they wish. Planning Board / MBTA Zoning Project: 217 MASSACHUSETTS AVE: 0 )>@B7,7>@3+3A823=C/; %31-+)5&8//(3:#+4)3,2610=$31/',+9%1,05".18*>< o #3G3;>?<3=BL&=1N?@>?>A3AB>1>=AB@F1B/=3HZ\\QF=8BL\[AB>@J<8I32FA3P@3A823=C/; 1>=2><8=8F<L0F8;28=6H8B7@3A823=C/;?/@:8=64>@Z\\1/@ARZV8=B3@8>@/=2\\ AF@4/13P3IB3@8>@?/@:8=6A?/13AS/AH3;;/A/=/228C>=/;^RYG8A8B>@P\[1><<3@18/;S 3IB3@8>@A?/13AN-73?@>931B8AB>03;>1/B32>=B73=>@B7A823>4(/AA/17FA3EA"G3=F3 8=$/AB'3I8=6B>=>=4>F@A3?/@/B3?/@13;A03BH33=XW\]QXZW(/AA/17FA3EA"G3=F3N-73 ?@>?3@C3A1F@@3=B;J1>=A8AB>4/<8I32@3A823=C/;/=21><<3@18/;FA3AH78178=1;F23/ A</;;>5130F8;28=6LBH><F;C4/<8;J7><3AL/1>=B@/1B>@OAJ/@2/=2/A</;; #"(%+-/$)&%%,')*. Jill Hai Select Board Liaison Report for 10-07-2024 0 MAPC Deputy Director Lizzi Weyant shared with municipal CEOs the opportunity to sign >=B>/;3E3@/A:8=6B73'368A;/BF@34>@B73?/AA/63>4B73,"*%$XNV"1BN-78A08;;8A/1@8C1/; ?F0;8173/;B7?>;81JB7/B<F=818?/;8C3AB7@>F67>FBB73AB/B37/G3AF??>@B32/=2H3H/=BB> A7/@3B78AA86=>=;3E3@H8B7J>FB>3=1>F@/63;>1/;3;31B32>518/;A>@?F0;8173/;B7;3/23@AB> A86=>=8=AF??>@B>4B78A;368A;/C>=N.>F1/=A86=>=/=2A33B73;3E3@73@3M Link "#$%&"'()$*'+,**"-. " /$0(%#)1%'+$/$2)'31"-&'*$$)(%# "#$%&"'()$*')()/$4 #$%&"'(&()*+",**-./"012(3* ()$* 5-$+$%)$-4 %,*3$-4 4*../"563*..7"5839&)"#$%&"'(&()*+ #':; +,**"-.4 +,##$+)$&'*1)(1%4 61//178,54 &")$'"%&'"55-10(*")$')(*$'1%'"#$%&"4 ;<=>=?<?@""""""""""""""""""""""""""" " "))"29*$%)+4 A*B8+9139$&#/1* #$%&"'(&()*+"C12(3*D(8-C1"'(3*+9(. Town of Lexington Town Manager’s Office Kelly E. Axtell, Interim Town Manager Tel: (781) 698-4540 Fax: (781) 861-2921 TO: Select Board FROM: Kelly Axtell, Interim Town Manager DATE: October 4, 2024 RE: Weekly Update ending October 4, 2024 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Health Department: September 27, 2024, the U.S. Environmental Protection Agency announced selections for membership of the Science Advisory Board (SAB) and the Clean Air Scientific Advisory Committee (CASAC). The well-qualified experts bring a cross- selection of scientific disciplines and the experience needed to provide sound scientific advice to EPA leadership to help advance the agency’s mission. “Everything we do at EPA is grounded in the latest and best available science and adheres to the highest standard of scientific integrity,” said EPA Administrator Michael S. Regan. “The Science Advisory Board and the Clean Air Scientific Advisory Committee will help ensure that EPA continues to receive sound, independent science-based advice. SAB Members with Dual Appointments to the Chemical Assessment Advisory Committee Dr. Wendy Heiger-Bernays - Emeritus Clinical Professor, School of Public Health, Boston University. https://www.epa.gov/newsreleases/epa-announces-selection-members-science-advisory-board-and-clean-air-scientific Cary Library: Demolition continues on the lower level with the noisiest work scheduled to take place over the next two weeks. On Monday, October 21 daytime library hours will resume. The library expects to be on the following schedule until the conclusion of construction: Monday – Thursday: 9:00 a.m. – 7:00 p.m. o Friday & Saturday: 9:00 a.m. – 5:00 p.m. o Sunday: 1:00 p.m. – 5:00 p.m. o The library is offering a full range of programs for residents of all ages. For current youth programs, please see the library calendar: https://www.carylibrary.org/programs A list of October programs for adults is attached Police: The Police Department is happy to announce the promotion of Michael McGloin from Patrol Officer to Sergeant. Michael is a four and a half-year member of the department who most recently has been in the Patrol Division on the evening shift. Prior to his employment with the department, he held a position in the Suffolk County District Attorney’s Office. This experience has helped him become one of the strongest report writers in the department. His ability to keenly document incidents will aid him in becoming a successful supervisor in the department. He is one of the department’s CPR instructors and in charge of coordinating all of the medical supplies for the entire department. He recently participated in a promotional process that included a written exam to test a wide range of topics and an assessment center to test job skills and abilities. Michael is well respected by both the command staff and his peers and will be a day shift Street Supervisor. There will be a swearing in ceremony scheduled in the near future. I am proud to announce that members of the Lexington Police Department were honored with the Medal of Valor at the annual awards banquet for the Irish American Police Officer Association (IAPOA). This award was to honor the manner in which the department responded to the double shooting at Keeler Farm in September of 2023. During the presentation they specifically mentioned the manner in which the call was initially handled in Dispatch, by the responding officers placing the suspect into custody without harm to him or any responding officer and rendering lifesaving aid to both of the victims, the support team establishing a perimeter among other duties and the intensive investigative measures taken afterward. This was a prime example of outstanding teamwork and collaboration. I am extremely proud of all of the staff involved in this case that evening and the days and weeks following. The plaque they presented (see attached) will be hung in the training/community room as a recognition and reminder of the great work routinely demonstrated by the department. Land Use Housing and Development: MBTA Communities Catalyst Fund A new state funding opportunity for MBTA Zoning-compliant communities, the Catalyst Fund, was announced this week by the Healy-Driscoll administration. Up to $5M is available per fiscal year from FY25 through FY27, for the following activities: Permissible activities: The Catalyst Fund will only award funds to A) infrastructure to support housing (“Infrastructure”), B) housing development (“Development”), and/or C) acquisition to support housing (“Acquisition”). • Infrastructure: projects to support housing growth and mixed-used development to advance housing development, preservation, and/or rehabilitation including but not limited to: o Design, engineering, and site prep of infrastructure projects. o Construction of new or improved infrastructure, including roadway/streetscape improvements, water/sewer, public utilities (gas, electric, etc.), and bridge/culvert repair or replacement. • Development: fund “shovel ready” or ongoing projects, including but not limited to passthrough of funds to eligible entities, new housing construction, preservation of existing units, and/or rehabilitation. • Acquisition: purchase of land or other properties with the intent to develop housing units. Other requirements: • Infrastructure: projects must be located within or adjacent to the approved zoning district created to comply with MBTA Communities law, hereafter “3A district.” “Adjacent” for purposes of this grant program shall mean 1) a parcel that immediately abuts the approved 3A district; or 2) a parcel documented to be associated with the approved 3A district despite not being included in it. • Development: projects must be located within the 3A district and must have been submitted to the municipality for approval after the adoption of the 3A district. • Acquisition: projects must be located within .5 mile of the 3A district. Evaluation criteria: 1. Project and location eligibility; 2. Project readiness; 3. Financial feasibility; 4. Outcomes and impact, including the number of housing units developed, the number of affordable units developed, and the level of affordability of said units; 5. Alignment with EOHLC priorities; and 6. Special consideration will be given to projects that: directly produce multi- family housing units; directly produce affordable multi-family housing units that are deed restricted in perpetuity; increase affordability levels below 80% Area Median Income (AMI); request funding for multi-family housing components of mixed-use projects. Rolling application deadline, 10/1 to 12/1 for early decision. 12/2 to 1/15 for regular decision. Economic Development: 1)Lexington was recognized as 2024’s third-best small city in America, according to a recent study from the personal finance outlet WalletHub.com. You can find the full study here: https://wallethub.com/edu/best-worst-small-cities-to- live-in/16581. 2)Sandhya Iyer from the ED Office participated in a panel discussion organized by MassEcon this week to discuss the Diversity and Equity in Economic Development in Massachusetts. The session was led by the Secretary Lauren Jones, Massachusetts Executive Office of Labor & Workforce Development. Photo (L To R): Peter Abbair, Executive Director MassEcon; Segun Idowu Chief of Economic Opportunity and Inclusion City of Boston; Marcos Marrero Executive VP, Community Development, MassDevelopment; Sandhya Iyer, Lexington; Moderator: Tom Browne, Director of Diversity, Equity & Inclusion: MassBio Planning: At the Planning Board’s October 9 meeting, the Planning Board will deliberate on the 5-7 Piper Road site plan review application and re-open the continued site plan review public hearing for 331 Concord Ave. The Planning Office/Engineering Division will be hosting a third public forum for the Bedford/Hartwell Complete Streets Reconstruction 25% Design Project on October 24, 2024 via zoom. At this third meeting we will be presenting the preferred alternative and soliciting feedback on that design. In addition, because the meeting will be crammed with a lot of information we want to give folks time to review the design so we are also hosting a drop-in open house on November 19, 2024 from 5 to 7 pm at the Community Center. The open house will provide an opportunity to ask questions and talk directly to the design engineers. The meeting link for the October 24, 2024 meeting is posted on the project page: https://www.lexingtonma.gov/407/Bedford-Hartwell-Complete-Streets-Transp. Human Services: Transportation Services: LPS Family Travel Survey: Since the Safe Routes to School program was placed into Transportation Services in April 2020 (at the height of COVID!), we have been working to get an agreement with Lexington Public Schools to survey school families on their mode of travel. The last time any such survey was done was in 2010. We are pleased to report that they survey is happening this year and opened on 9/27 and will run through 10/11. The survey is a partnership of the Town, Lexington Public Schools and MassDOT. It is for all families in K-12. The survey will collect anonymized data and approximate addresses of respondents, along with their school and modes of travel to and from school. It is a short, two-minute survey. Any school with at least a 50% response rate will receive a prize pack from MassDOT! While the schools have promised to promote and did include this in a Superintendent’s newsletter, and Principals have been encouraged to also share in their newsletters, we are working to cross-promote this in as many channels as possible. (Sometimes busy families need to see info multiple times before acting!) The higher the response rate, the more statistically significant data we can capture. (We have attached an image, should Select Board members like to promote through their social media/networks, too!) After the survey closes, we will have a multi-page report and map of the data that can then inform our efforts in getting more families to walk, bike, & roll to school. Safe Routes to School News: October 9 is International Walk, Bike & Roll to School Day! While any day is a good day to avoid the car line at school, schools are encouraged to participate in these “signature” days to kick-start or energize activities. Some schools, such as Hastings, have a strong base of volunteers leading bike trains, and Harrington has been experimenting with walking school buses. Diamond, Clarke and LHS have been seeing more active transportation among students. Our goal is to have a strong team of volunteers and school staff in each school that assist with these efforts. Slowly but surely, our efforts to date are paying off! At back to school nights at the middle and high schools this year, we heard from many parents (much more than we have ever heard before) that their kids are regularly biking! (And, full bike racks at schools are becoming more common.) We are working to add a bike maintenance classes and bike safety classes to Clarke & Diamond WIN blocks in spring. Finance: Tax rate setting is approaching! Every 5 years the Department of Revenue’s (DORs) Bureau of Local Assessment (BLA) conducts a full review and certification of property values for each Massachusetts municipality to ensure they are assessed at full and fair cash value. This year, FY2025, is Lexington’s certification year. Prior to certifying values for FY2025 tax bills BLA’s review will “ensure the proposed values were derived utilizing a methodology based on generally accepted mass appraisal practices, are supported with current market evidence, and are uniformly and equitably applied to all property. The data quality, all cost and depreciation tables, and land schedules will be reviewed for all real property. In addition, income producing property will be reviewed for income and expense analysis, development of the economic rent schedules, capitalization rates and correlation of the values derived from two appraisal approaches. Personal property accounts will be reviewed for appropriate listing and valuation of assets along with the cost and depreciation schedules.” DOR has released IGR 24-13 if you are interested in learning more about the standards for revaluation certification. https://dlsgateway.dor.state.ma.us/gateway/ DLSPublic/IgrMaintenance/Index/812 This certification process also has a public disclosure component – all preliminary valuations and supporting information must be published and publicly available for a minimum of (5) business days prior to receiving final certification. Lexington’s Assessing Department expects our preliminary valuations to be approved by BLA early next week (on or after October 7), at which time they will be publicly posted on the Town’s website with supporting information from the Assessing Department. In addition, printed books of property listings and preliminary values will be available at the Assessor’s counter, Cary Memorial Library and the Community Center. Our Director of Communications will notify the public when this information is available for review. We expect BLA will certify our final values on or before Monday, October 21. st Certifying values does not require are review or vote of the Select Board, however we wanted to let you know this process was underway, and that preliminary values will be available for review beginning next week. Final property valuations will be presented to the Board during the annual tax rate hearings in November. 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GZm^c\\idc,%H<%/131/ 69//KH%p%>JHHPIDOT%>@IO@M%)28%H<MM@OO%M?* XVgna^WgVgn.dg\\ K_bc nmqqg`jc `w eclcpmsq bml_rgmlq rm rfc ?lls_j Dslb )670*%751-5177 Initialdiscussionon whether tomove forwrward with a TownMeetingartilcefortheFallTown Meeting to fundthe$1,240,000 fundinggap for thePolice Solar Canopytokeeptheprojectontarget,whileexpecting theFederalfundingthroughaCongressionally Discussion on the PoliliceSolalarCananopy Poject -Federal Funding Potential October 21,2024DirectedAppropriationforanequalamount. August12,2024emailfromK.Lenihanreferences ExploringLexington’s75-YearLifeCycleCosts Thiswouldbeanongoingmonthlyupdateonthe highschoolprojectfromJoePatoandCarolyn Kosnoff asper the SelectBoard request for regular Updateon theHigh School Project October 21,2024updates. PLACEHOLDER-SpecialTownwnMeeting-Citizen Petition Presentationsns ARTICLE8DELAYMASSACHUSETTSSCHOOLBUILDINGAUTHORITY (MSBA)FILINGRESOLUTION(CititizenPetition)n) Opportunity for CiizenPetitioners topresenttheir ARTICLE9RESOLUTION-DESIGNPROCESSOFCREMATORYATWESTVIEW article(s) tothe SelectBoard for Questionsand CEMETERY(Citizen Petition)n) October 21,2024 Comments Potential Voteon AffffordablHousining Proposal fom Cauauseway Developmpmentnt forParcel 68-44Locatated on Lowell Street October 21,2024 ApproveConduduct and Decorum for PublicMeetings Polilicy October 21,2024 Thisisa request for aspecialpermit toallow the FiskeCommonCondoDevelopmentlandscapersto continue tousegaspoweredleaf blowers (itisa14 Reququest forSpecial Prmit to allow Gas Powered Leaf BlowerUse at Fiske acreproperty) under Section80-9of theTownwn's Commmmon CondndoDevelopmpmentnt October 21,2024 bylawsws PLACEHOLDER-Discussion -ReportingStructuture for Planningof Lex250 Eventnts-Town Celebration Committee October 21,20246/20 request frm S. Barry Committeerequestedon8/29tomakechanges/ PLACEHOLDER-UpdatDesign Adviory CommitteeChaharge October 21,2024updates totheir currrrentcharge. Thisisarequesttoapprovethedesignprovidedtoto theSelectBoardforthe250thmonumentatBelfry PLACEHOLDER-Reviview th250th Monumnt at Belflfry Pak October 21,2024Parkrk Reviview and Voteon Amendmntnts to theLexington Human RighthtsCommittee Mark,Hemali,Dana,Christina,Stephaniepresentthe Chaharge revisionsfortheLHRCcharge October 21,2024 SpectacleManagementx5eventsatCary Memorial Building:11/15;11/24;12/11;12/12;12/20(DPF- Approve:One-DayLiquorLicense-SpectacleManagement, Inc., 1605MassacchuhusettsAvenunue to,2024 OK) Ocber 28 Grant of Location - Natinal Grid - forVerizon Fuel Cell to be locatated at 73 Waltham Street -extxtension of gas main from Vininebrook Road inttoWaltham Street reviewedbyengineering,noissuesontherightof -servivice line from extxtension to back of 73Waltham Street way.thisisforaverizon fuelcell for 73Waltham October 28,2024Street LiquorLicenseAmendmnt -7Depot Square-DBAChange and Pledgeof License October 28,2024 Updaton Lead and Copppper Programam October 28,2024Thisisanupdate toLeadand Copper Rules FortheClimateLeadersapplication,MaggiePeard has requestedthe SelectBoard to review/approve theDecarbonizationRoadmapthatMike,Shawn,and Discussion on theBuildingDecarboninization Roadmap October 28,2024Maggiehavebeen workrkingon withPower Options Thisisa follow up tothe10/28meetingdiscussion toreview/approvetheDecarbonizationRoadmap thatMike,Shawn,andMaggiehavebeenworkrkingon VoteontheBuildingDecarboninization Roadmap November 18,2024 withPower Options Thisisa follow updiscusison totheOctober 7 discussiononthistopic.Thedatemayneedtobe DecisionmakingonwhethertoIncludetheSolarCanopyProjectonththeFall movedup toOctober 17 tocomply withposting STM October 28,2024 requirements for the warrrrant. ThisisafollowupdiscussionbasedontheSelect Ad HocCommitteeon Sustainability and Historic Preservation Intntegration October 28,2024 Board'scommentsatthe7/8/24meeting. TheHPBaskedtheSelectBoard'sapprovaltosenda letter to Speaker Marianoonthesetwohome rule DiscussiononHousingPartntnershipRequesttosendndaletttteronH2740 & petitionsthat wouldauthorizeasurchargeon 2741 October 28,2024 residentialandcommercialrealestatetransactions. PLACEHOLDER-Busa Farm Conservation Restrictition October 28,2024 PLACEHOLDER-ApppproveSelect Board CommitteeAppppointment -Fund for ____________asamember tothe Fund for Lexington Lexington-TrusteesofPublicTrustsMember November 4,2024 BoardrepresentingtheTrusteesofthePublicTrusts PLACEHOLDER-Town ManagerCommitteeAppppointmentnt November 4,2024TreeBylaw WorkrkingGroup- SteveBartha Aspartof theproposalof addinga roundaboutat theHarrington/Hancock/BedfordStreetIntersection portionoftheBattleGreenMasterPlanrequiredthe TowobtainingasmalleasementfromtheMason's atthecorner of Hncock andBedford Street. Town CounselhasworkedwiththeTownEngineerandthe Accept Easement From thMasons as Part of theBattleGreen Streetscape Masonsandtheeasementdocumentandplanare (Roundabout)t) November4,2024 readyforreview/approvalbytheSelectBoard. 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o the Constables of the Town of Lexington, GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote in Elections to vote at: PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY MEMORIAL BUILDING; PRECINCT SEVEN, LEXINGTON COMMUNITY CENTER; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, LEXINGTON COMMUNITY CENTER, TUESDAY, THE FIFTH DAY OF NOVEMBER, 2024 on , from 7:00 A.M. TO 8:00 P.M. for the following purpose: To cast their votes in the State Election for the candidates for the following offices: To cast their votes in the State Primaries for the candidates of political parties for the following offices: ELECTORS OF PRESIDENT AND VICE PRESIDENT ...................... FOR THIS COMMONWEALTH SENATOR IN CONGRESS ................................................................... FOR THIS COMMONWEALTH REPRESENTATIVE IN CONGRESS ................................................... FIFTH DISTRICT COUNCILLOR ....................................................................................... THIRD DISTRICT SENATOR IN GENERAL COURT (precincts 1,2, 4-7) ...................... FOURTH MIDDLESEX DISTRICT SENATOR IN GENERAL COURT ((precincts 3,8,9) ......................... THIRD MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT (precincts 1-5, 7-9) ........ FIFTEENTH MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT (precinct 6) .................... TWENTY-FIRST MIDDLESEX DISTRICT CLERK OF COURTS ............................................................................. MIDDLESEX COUNTY REGISTER OF DEEDS ...................................................................... MIDDLESEX SOUTHERN DISTRICT QUESTION 1: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024? SUMMARY This proposed law would specify that the State auditor has the authority to audit the legislature. A YES VOTE would specify that the State auditor has the authority to audit the legislature. A NO VOTE would make no change in the law relative to the State Auditor’s authority. QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024? SUMMARY This proposed law would eliminate the requirement that a student pass the Massachusetts Comprehensive Assessment System (MCAS) tests (or other statewide or district-wide assessments) in mathematics, science and technology, and English in order to receive a high school diploma. Instead, in order for a student to receive a high school diploma, the proposed law would require the student to complete coursework certified by the student’s district as demonstrating mastery of the competencies contained in the state academic standards in mathematics, science and technology, and English, as well as any additional areas determined by the Board of Elementary and Secondary Education. A YES VOTE would eliminate the requirement that students pass the Massachusetts Comprehensive Assessment System (MCAS) in order to graduate high school but still require students to complete coursework that meets state standards. A NO VOTE would make no change in the law relative to the requirement that a student pass the MCAS in order to graduate high school. QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024? SUMMARY The proposed law would provide Transportation Network Drivers (“Drivers”) with the right to form unions (“Driver Organizations”) to collectively bargain with Transportation Network Companies (“Companies”)-which are companies that use a digital network to connect riders to drivers for pre-arranged transportation-to create negotiated recommendations concerning wages, benefits and terms and conditions of work. Drivers would not be required to engage in any union activities. Companies would be allowed to form multi-Company associations to represent them when negotiating with Driver Organizations. The state would supervise the labor activities permitted by the proposed law and would have responsibility for approving or disapproving the negotiated recommendations. The proposed law would define certain activities by a Company or a Driver Organization to be unfair work practices. The proposed law would establish a hearing process for the state Employment Relations Board (“Board”) to follow when a Company or Driver Organization is charged with an unfair work practice. The proposed law would permit the Board to take action, including awarding compensation to adversely affected Drivers, if it found that an unfair work practice had been committed. The proposed law would provide for an appeal of a Board decision to the state Appeals Court. This proposed law also would establish a procedure for determining which Drivers are Active Drivers, meaning that they completed more than the median number of rides in the previous six months. The proposed law would establish procedures for the Board to determine that a Driver Organization has signed authorizations from at least five percent of Active Drivers, entitling the Driver Organization to a list of Active Drivers; to designate a Driver Organization as the exclusive bargaining representative for all Drivers based on signed authorizations from at least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status, including through elections; and to decertify a Driver Organization from exclusive bargaining status. A Driver Organization that has been designated the exclusive bargaining representative would have the exclusive right to represent the Drivers and to receive voluntary membership dues deductions. Once the Board determined that a Driver Organization was the exclusive bargaining representative for all Drivers, the Companies would be required to bargain with that Driver Organization concerning wages, benefits and terms and conditions of work. Once the Driver 2 Organization and Companies reached agreement on wages, benefits, and the terms and conditions of work, that agreement would be voted upon by all Drivers who has completed at least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations would be submitted to the state Secretary of Labor for approval and if approved, would be effective for three years. The proposed law would establish procedures for the mediation and arbitration if the Driver Organization and Companies failed to reach agreement within a certain period of time. An arbitrator would consider factors set forth in the proposed law, including whether the wages of Drivers would be enough so that Drivers would not need to rely upon any public benefits. The proposed law also sets out procedures for the Secretary of Labor’s review and approval of recommendations negotiated by a Driver Organization and the Companies and for judicial review of the Secretary’s decision. The proposed law states that neither its provisions, an agreement nor a determination by the Secretary would be able to lessen labor standards established by other laws. If there were any conflict between the proposed law and existing Massachusetts labor relations law, the proposed law would prevail. The Board would make rules and regulations as appropriate to effectuate the proposed law. The proposed law states that, if any of its parts were declared invalid, the other parts would stay in effect. A YES VOTE would provide transportation network drivers the option to form unions to collectively bargain with transportation network companies regarding wages, benefits, and terms and conditions of work A NO VOTE would make no change in the law relative to the ability of transportation network drivers to form unions. QUESTION 4: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024? SUMMARY This proposed law would allow persons aged 21 and older to grow, possess, and use certain natural psychedelic substances in certain circumstances. The psychedelic substances allowed would be two substances found in mushrooms (psilocybin and psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and ibogaine). These substances could be purchased at an approved location for use under the supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail sale of natural psychedelic substances. This proposed law would also provide for the regulation and taxation of these psychedelic substances. This proposed law would license and regulate facilities offering supervised use of these psychedelic substances and provide for the taxation of proceeds from those facilities’ sales of psychedelic substances. It would also allow persons aged 21 and older to grow these psychedelic substances in a 12-foot by 12-foot area at their home and use these psychedelic substances at their home. This proposed law would authorize persons aged 21 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use amount”), in addition to whatever they might grow at their home, and to give away up to the personal use amount to a person aged 21 or over. This proposed law would create a Natural Psychedelic Substances Commission of five members appointed by the Governor, Attorney General, and Treasurer which would administer the law governing the use and distribution of these psychedelic substances. The Commission would adopt regulations governing licensing qualifications, security, recordkeeping, education and training, health and safety requirements, testing, and age verification. This proposed law would also create a Natural Psychedelic Substances Advisory Board of 20 members appointed by the Governor, Attorney General, and Treasurer which would study and make recommendations to the Commission on the regulation and taxation of these psychedelic substances. This proposed law would allow cities and towns to reasonably restrict the time, place, and manner of the operation of licensed facilities offering psychedelic substances, but cities and towns could not ban those facilities or their provision of these substances. 3 The proceeds of sales of psychedelic substances at licensed facilities would be subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or town could impose a separate tax of up to two percent. Revenue received from the additional state excise tax, license application fees, and civil penalties for violations of this proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund and would be used, subject to appropriation, for administration of this proposed law. Using the psychedelic substances as permitted by this proposed law could not be a basis to deny a person medical care or public assistance, impose discipline by a professional licensing board, or enter adverse orders in child custody cases absent clear and convincing evidence that the activities created an unreasonable danger to the safety of a minor child. This proposed law would not affect existing laws regarding the operation of motor vehicles while under the influence, or the ability of employers to enforce workplace policies restricting the consumption of these psychedelic substances by employees. This proposed law would allow property owners to prohibit the use, display, growing, processing, or sale of these psychedelic substances on their premises. State and local governments could continue to restrict the possession and use of these psychedelic substances in public buildings or at schools. This proposed law would take effect on December 15, 2024. A YES VOTE would allow persons over age 21 to use certain natural psychedelic substances under licensed supervision and to grow and possess limited quantities of those substances in their home and would create a commission to regulate those substances. A NO VOTE would make no change in the law regarding natural psychedelic substances. QUESTION 5: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024? SUMMARY The proposed law would gradually increase the minimum hourly wage an employer must pay a tipped worker, over the course of five years, on the following schedule: To 64% of the state minimum wage on January 1, 2025; To 73% of the state minimum wage on January 1, 2026; To 82% of the state minimum wage on January 1, 2027; To 91% of the state minimum wage on January 1, 2028; and To 100% of the state minimum wage on January 1, 2029 The proposed law would require employers to continue to pay tipped workers the difference between the state minimum wage and the total amount a tipped worker receives in hourly wages plus tips through the end of 2028. The proposed law would also permit employers to calculate this difference over the entire weekly or bi- weekly payroll period. The requirement to pay this difference would cease when the required hourly wage for tipped workers would become 100% of the state minimum wage on January 1, 2029. Under the proposed law, if an employer pays its workers an hourly wage that is at least the state minimum wage, the employer would be permitted to administer a “tip pool” that combines all the tips given by customers to tipped workers and distributes them among all the workers, including non-tipped workers. 4 A YES VOTE would increase the minimum hourly wage an employer must pay a tipped worker to the full state minimum wage implemented over five years, at which point employers could pool all tips and distribute them to all non-management workers. A NO VOTE would make no change in the law governing tip pooling or the minimum wage for tipped workers. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 7th day of October, 2024. _____________________________________ _____________________________________ Douglas M. Lucente Joseph N. Pato _____________________________________ _____________________________________ Suzanne E. Barry Jill I. Hai _____________________________________ Mark D. Sandeen Select Board of Lexington I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, 7 days at least before the time of said Primary. _____________________________________ ______________ , 2024. Constable of Lexington Warrant must be posted by October 29, 2024 (no fewer than seven days prior to the November 5, 2024 State Election) 5 SELECT BOARD MEETING September 9, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 9, A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 9, 2024, via a hybrid meeting platform.2024, via a hybrid meeting platform.Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, 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;were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager;and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Lexington Fire 1. Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Lexington Fire Station Options 2. Exemption 2: Preparation for Negotiations with Nonunion Personnel - Interim Town Manager Exemption 2: Preparation for Negotiations with Nonunion Personnel - Interim Town Manager VOTE : Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive : Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive : Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive Session at 6:33pm. Under Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Session at 6:33pm. Under Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Session at 6:33pm. Under Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Lexington Fire Station Options and Exemption 2 –Preparation for Negotiations with Nonunion Personnel Lexington Fire Station Options and Exemption 2 –Preparation for Negotiations with Nonunion Personnel Lexington Fire Station Options and Exemption 2 –Preparation for Negotiations with Nonunion Personnel Interim Town Manager. Further, it was declared that an open meeting may have a detrimental effect on Interim Town Manager. Further, it was declared that an open meeting may have a detrimental effect on Interim Town Manager. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. The Board returned to open session at 7:47pm The Board returned to open session at 7:47pm PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Select Board Member Concerns and Liaison Reports Select Board Member Concerns and Liaison Reports As listed within the packet, and some written comments from Mr. Sandeen. As listed within the packet, and some written comments from Mr. Sandeen. As listed within the packet, and some written comments from Mr. Sandeen. As listed within the packet, and some written comments from Mr. Sandeen. DOCUMENTS: DOCUMENTS: 09092024_Select_Board_Announcements_and_Liaison_Reports 09092024_Select_Board_Announcements_and_Liaison_Reports 09092024_Select_Board_Announcements_and_Liaison_Reports TOWN MANAGER REPORT TOWN MANAGER REPORT 1. Town Manager Weekly Update Town Manager Weekly Update No additional updates at this time. No additional updates at this time. DOCUMENTS : Weekly Update 8-9-24; 8-16-24; 8-23-24; 8-30-24; 9-6-24 CONSENT AGENDA 1. Approve Select Board Meeting Minutes August 5, 2024, Select Board Meeting August 15, 2024, Summit August 19, 2024, Select Board Meeting To approve and release the following minutes: August 5, 2024, Select Board, August 15, 2024, Summit and August 19, 2024, Select Board Meeting DOCUMENTS: DRAFT 08052024 Select Board, DRAFT 08152024 Summit, DRAFT 08192024 Select Board 2. Approve: One-Day Liquor License - Revival Cafe + Kitchen, 1729 Massachusetts Avenue First Friday, Pop Up Event - Friday, October 4, 2024, from 6:00pm -8:00pm To approve a One-Day Liquor License for Revival Cafe + Kitchen to serve beer and wine inside their cafe at 1729 Massachusetts Avenue on October 4, 2024, during the hours of 6:00 - 8:00pm, exactly one cafe at 1729 Massachusetts Avenue on October 4, 2024, during the hours of 6:00 - 8:00pm, exactly one hour later than their Victualler License operates. 3. Approve Entertainment License - Follen Church, 755 Massachusetts Avenue Approve Entertainment License - Follen Church, 755 Massachusetts Avenue Follen Church, East Village Community Fair - Saturday, October 5, 2024, from 10am-Follen Church, East Village Community Fair - Saturday, October 5, 2024, from 10am-Follen Church, East Village Community Fair - Saturday, October 5, 2024, from 10am- 3pm To approve an Entertainment License for the Follen Church to host their East Village Community Fair on To approve an Entertainment License for the Follen Church to host their East Village Community Fair on To approve an Entertainment License for the Follen Church to host their East Village Community Fair on Saturday, October 5, 2024, from 10am-3pm with musical performers on a stage on the front lawn of the Saturday, October 5, 2024, from 10am-3pm with musical performers on a stage on the front lawn of the Saturday, October 5, 2024, from 10am-3pm with musical performers on a stage on the front lawn of the church. DOCUMENTS: East Village Fair - Event DiagramEast Village Fair - Event Diagram 4. Approve and Sign Proclamation - DAR Constitution Week Approve and Sign Proclamation - DAR Constitution Week Approve and Sign Proclamation - DAR Constitution Week Week of September 17-23, 2024 Week of September 17-23, 2024 Week of September 17-23, 2024 To approve and sign a proclamation recognizing the week of September 17-23, 2024, as Constitution To approve and sign a proclamation recognizing the week of September 17-23, 2024, as Constitution To approve and sign a proclamation recognizing the week of September 17-23, 2024, as Constitution Week in accordance with Public Law 915. Week in accordance with Public Law 915. DOCUMENTS: 2024 DAR Constitution Week Proclamation2024 DAR Constitution Week Proclamation2024 DAR Constitution Week Proclamation 5. Approve: One-Day Liquor License - Communities United, 13 Depot Square Approve: One-Day Liquor License - Communities United, 13 Depot Square Approve: One-Day Liquor License - Communities United, 13 Depot Square Approve: One-Day Liquor License - Communities United, 13 Depot Square 9th Annual Pages of Possibility Gala - September 19, 2024, from 6:00pm - 9:00pm 9th Annual Pages of Possibility Gala - September 19, 2024, from 6:00pm - 9:00pm 9th Annual Pages of Possibility Gala - September 19, 2024, from 6:00pm - 9:00pm To approve a One-Day Liquor License for Communities United, Inc to serve beer and wine inside To approve a One-Day Liquor License for Communities United, Inc to serve beer and wine inside To approve a One-Day Liquor License for Communities United, Inc to serve beer and wine inside Lexington Depot, 13 Depot Square on September 19, 2024, from 6:00 p.m. to 9:00 p.m. Lexington Depot, 13 Depot Square on September 19, 2024, from 6:00 p.m. to 9:00 p.m. Lexington Depot, 13 Depot Square on September 19, 2024, from 6:00 p.m. to 9:00 p.m. 6. Approve: One-Day Liquor License - Historical Society, 1 Bedford Street Approve: One-Day Liquor License - Historical Society, 1 Bedford Street Only Murders in the Tavern Event - Wednesday, October 4, 2024, from 7:00pm -9:00pm. Only Murders in the Tavern Event - Wednesday, October 4, 2024, from 7:00pm -9:00pm. To approve a One-Day Liquor License for Lexington Historical Society to serve beer and wine inside To approve a One-Day Liquor License for Lexington Historical Society to serve beer and wine inside Buckman's Tavern at 1 Bedford Street on October 5, 2024, from 7:00 p.m. to 9:00 p.m. 7. Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street Beer Garden Event - September 26, 2024, from 5:00pm - 8:00pm To approve a One-Day Liquor License for Wilson Farms to serve beer outside their farm greenhouse, 10 Pleasant Street on September 26, 2024, from 5:00 p.m. to 8:00 p.m. DOCUMENTS: Wilson Farm- Beer Garden Event Diagram 8. Accept Select Board Committee Resignation Housing Partnership Board- Samita Mandelia To accept the resignation of Samita Mandelia from the Housing Partnership Board, effective immediately. DOCUMENTS: 2024_Resignation_-_Housing_Partnership_Board_From_S._Mandelia 9. Approve Response to Liquor License Compliance Check Violations To approve and authorize the Select Board Chair to sign the letters to be sent to Il Casale, Ixtapa, Via Lago and The Inn at Hastings, informing them of the actions to be taken regarding the liquor license Lago and The Inn at Hastings, informing them of the actions to be taken regarding the liquor license violations found during the August 14 and August 15, 2024, compliance checks conducted by the violations found during the August 14 and August 15, 2024, compliance checks conducted by the Lexington Police Department. DOCUMENTS: Il Casale 1st Offense Letter, Inn at Hastings 1st Offense Letter, Ixtapa Cantina 1st Il Casale 1st Offense Letter, Inn at Hastings 1st Offense Letter, Ixtapa Cantina 1st Il Casale 1st Offense Letter, Inn at Hastings 1st Offense Letter, Ixtapa Cantina 1st Offense Letter, Via Lago 1st Offense Letter, Alcohol Enforcement Regulation Offense Letter, Via Lago 1st Offense Letter, Alcohol Enforcement Regulation Offense Letter, Via Lago 1st Offense Letter, Alcohol Enforcement Regulation VOTE : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Lexington 250th Monument at Belfry Hill Discuss Lexington 250th Monument at Belfry Hill Barry Cunha, Lex250 Commission, gave a brief history of this project. Miriam Gusevich, Artist, Barry Cunha, Lex250 Commission, gave a brief history of this project. Miriam Gusevich, Artist, Barry Cunha, Lex250 Commission, gave a brief history of this project. Miriam Gusevich, Artist, explained that the project is called "A Path to Liberty." An overview of the design was presented. The explained that the project is called "A Path to Liberty." An overview of the design was presented. The explained that the project is called "A Path to Liberty." An overview of the design was presented. The explained that the project is called "A Path to Liberty." An overview of the design was presented. The concept of this design is the same as the original, but the change is that the symbolic part of the memorial concept of this design is the same as the original, but the change is that the symbolic part of the memorial concept of this design is the same as the original, but the change is that the symbolic part of the memorial concept of this design is the same as the original, but the change is that the symbolic part of the memorial has been moved further back. The site has also been opened and been made more inviting. The rods are has been moved further back. The site has also been opened and been made more inviting. The rods are has been moved further back. The site has also been opened and been made more inviting. The rods are also proposed to be shorter, lessening the impact on the park. also proposed to be shorter, lessening the impact on the park. also proposed to be shorter, lessening the impact on the park. Ms. Barry stated that her recollection is that the Board had a preference that a monument be either Ms. Barry stated that her recollection is that the Board had a preference that a monument be either Ms. Barry stated that her recollection is that the Board had a preference that a monument be either Ms. Barry stated that her recollection is that the Board had a preference that a monument be either completely on the left side or the right side of this path. Ms. Gusevich stated that the path was originally a completely on the left side or the right side of this path. Ms. Gusevich stated that the path was originally a completely on the left side or the right side of this path. Ms. Gusevich stated that the path was originally a completely on the left side or the right side of this path. Ms. Gusevich stated that the path was originally a divider in the design, but the current design uses it as a uniting message within the design. divider in the design, but the current design uses it as a uniting message within the design. divider in the design, but the current design uses it as a uniting message within the design. Ms. Barry noted that the Board has received feedback from the community regarding the colors of the Ms. Barry noted that the Board has received feedback from the community regarding the colors of the Ms. Barry noted that the Board has received feedback from the community regarding the colors of the rods being red and blue. Ms. Gusevich stated that there are two aspects of the colors. One is that the red rods being red and blue. Ms. Gusevich stated that there are two aspects of the colors. One is that the red rods being red and blue. Ms. Gusevich stated that there are two aspects of the colors. One is that the red coats were red and that the Continental Army adopted blue for the uniforms. The rods are also proposed coats were red and that the Continental Army adopted blue for the uniforms. The rods are also proposed to be these colors as a way not to camouflage them and have them fade into the background. to be these colors as a way not to camouflage them and have them fade into the background. Ms. Barry stated that it is unclear how interactive the Town would like for the monument to be. Ms. Ms. Barry stated that it is unclear how interactive the Town would like for the monument to be. Ms. Gusevich stated that the rods will not be situated in a way that suggests meandering through them. She Gusevich stated that the rods will not be situated in a way that suggests meandering through them. She noted time constraints at play. Mr. Pato explained that the original design was not universally celebrated by the community. The Board is the custodians of the Battle Green and must understand how what is approved will be received by the current community and those to come. He asked about community outreach on the current design. Mr. Cunha stated that there has not been any town-wide community outreach, but he has spoken to influential people in Town. This project could stand the test of time. Mr. Pato explained that the Town just inaugurated a new monument across the street which did engage the public quite extensively and came with a large community that supported and advocated for it. This project does not yet have that. He also expressed concern regarding this monument creating an impression that this first encounter was one between two standing armies, as this is a disservice to the history. He is also concerned with the safety issues brought up by Ms. Barry. He noted that the Board did previously express that it wanted to see this monument on one side of the path or the other. Mr. Cunha stated that this was one reason why the monument was moved further back. Neither of those sites are now involved. This works better, as it creates a pathway directly from the Belfry. Mr. Sandeen echoed the comments made by Mr. Pato and Ms. Barry. He stated that he believed the Board approved a project only on one side of the path or the other. He raised concerns regarding maintenance around the closely spaced rods and that the new proposal seems to be taking up more space now than previously by putting steel poles in the walkway – which raises additional accessibility and safety previously by putting steel poles in the walkway – which raises additional accessibility and safety concerns. He expressed concern that the red and blue colors could be divisive instead of inclusive, due to concerns. He expressed concern that the red and blue colors could be divisive instead of inclusive, due to the current political parties, while also noting the actual historical facts. The valuable contributions of the current political parties, while also noting the actual historical facts. The valuable contributions of everyone, not just men of the time, should be recognized. He would like the monument to have the everyone, not just men of the time, should be recognized. He would like the monument to have the backing of the whole community. This should not be rushed.backing of the whole community. This should not be rushed.backing of the whole community. This should not be rushed. Ms. Hai stated that she believes the proposed design would be welcoming and engaging to the Ms. Hai stated that she believes the proposed design would be welcoming and engaging to the Ms. Hai stated that she believes the proposed design would be welcoming and engaging to the community. The design does sit more to one side of the path, though she understands the reservations community. The design does sit more to one side of the path, though she understands the reservations community. The design does sit more to one side of the path, though she understands the reservations expressed. She believes the design would be an interesting addition to the landscape. She asked if the new expressed. She believes the design would be an interesting addition to the landscape. She asked if the new expressed. She believes the design would be an interesting addition to the landscape. She asked if the new iteration has been discussed by the Lex250 Commission. Ms. Barry stated that it has not. iteration has been discussed by the Lex250 Commission. Ms. Barry stated that it has not. iteration has been discussed by the Lex250 Commission. Ms. Barry stated that it has not. Mr. Lucente stated that part of what makes the Battle Green’s story remarkable was that the cause was not Mr. Lucente stated that part of what makes the Battle Green’s story remarkable was that the cause was not Mr. Lucente stated that part of what makes the Battle Green’s story remarkable was that the cause was not Mr. Lucente stated that part of what makes the Battle Green’s story remarkable was that the cause was not as well organized as the other side, but this design makes the two look even and quite well organized. as well organized as the other side, but this design makes the two look even and quite well organized. as well organized as the other side, but this design makes the two look even and quite well organized. Belfry Park is a hidden gem for the Town. This design makes it less private and more visible to the Belfry Park is a hidden gem for the Town. This design makes it less private and more visible to the Belfry Park is a hidden gem for the Town. This design makes it less private and more visible to the monument and he would like to better understand the proposed angles. He suggested that the expectation monument and he would like to better understand the proposed angles. He suggested that the expectation monument and he would like to better understand the proposed angles. He suggested that the expectation level for the timeframe of this project likely needs to shift a bit. level for the timeframe of this project likely needs to shift a bit. level for the timeframe of this project likely needs to shift a bit. Christina Burwell, 6 Albemarle Avenue, stated that in looking at this with fresh eyes, the design reads as Christina Burwell, 6 Albemarle Avenue, stated that in looking at this with fresh eyes, the design reads as Christina Burwell, 6 Albemarle Avenue, stated that in looking at this with fresh eyes, the design reads as Democratics and Republicans, which is likely not a good thing. The path between the two also reads as Democratics and Republicans, which is likely not a good thing. The path between the two also reads as Democratics and Republicans, which is likely not a good thing. The path between the two also reads as divisive. Dawn McKenna, 9 Hancock Street, noted that this is not a park. The vision of that area was to open it up Dawn McKenna, 9 Hancock Street, noted that this is not a park. The vision of that area was to open it up Dawn McKenna, 9 Hancock Street, noted that this is not a park. The vision of that area was to open it up Dawn McKenna, 9 Hancock Street, noted that this is not a park. The vision of that area was to open it up and make it visible from connecting sites. She stated that she would like to hear from the DPW Director and make it visible from connecting sites. She stated that she would like to hear from the DPW Director and make it visible from connecting sites. She stated that she would like to hear from the DPW Director as to what will actually be built on the site. She asked about the process for making sure the landscaping as to what will actually be built on the site. She asked about the process for making sure the landscaping as to what will actually be built on the site. She asked about the process for making sure the landscaping piece is done correctly. Regarding the proposed plaza, this appears to not only connect the two sides, but piece is done correctly. Regarding the proposed plaza, this appears to not only connect the two sides, but piece is done correctly. Regarding the proposed plaza, this appears to not only connect the two sides, but also introduces brick into the site as another material. She asked the Board to consider the staking of the also introduces brick into the site as another material. She asked the Board to consider the staking of the also introduces brick into the site as another material. She asked the Board to consider the staking of the site. Mr. Lucente suggested including a Board member to liaise with this project a bit closer. Ms. Barry stated Mr. Lucente suggested including a Board member to liaise with this project a bit closer. Ms. Barry stated that she believes having the proponents hear information from the Board this evening should be enough. that she believes having the proponents hear information from the Board this evening should be enough. DOCUMENTS: Lex250 Monument presentation, DPW Memorandum 2. Update - Solar Canopy Project at the Police Station Mike Cronin, Director of Facilities, explained that, in conversations with some members of Sustainable Lexington, it was thought that there was opportunity for some value engineering to the structure. The group worked with a steel fabricator that specializes in this type of field in order to consider reducing the amount of welding called for in the design spec with hopes to reduce the overall cost of the steel structure. Another consideration was putting this project out for an RFP. Jeff McElravy, AIA, Principal, Tecton Architects, explained that there will be a savings of approximately $313,200 from tonnage. There could be another approximately $124,000 of savings, if changing from a racking system to a more conventional solution is considered. Mr. Cronin explained that the proposed changes will be presented to the HDC. DOCUMENTS: Solar Canopy Presentation 3. Discuss Considerations for Future Fletcher Park Use Requests Mr. Malloy explained that the Farmer's Market temporarily moved from Fletcher Park to the practice field at the Center Recreation Area so that Fletcher Park could be used as a lay down area for the Center at the Center Recreation Area so that Fletcher Park could be used as a lay down area for the Center Streetscape, Battle Green Streetscape, and Police Station projects. As the Police Station project wraps up, Streetscape, Battle Green Streetscape, and Police Station projects. As the Police Station project wraps up, the rehabilitation of Fletcher Park includes plans for a sprinkler system and sod. The management of all the rehabilitation of Fletcher Park includes plans for a sprinkler system and sod. The management of all Town property falls under the Town Manager \[Section 9(D)\] and, as such, the Town Manager has made a Town property falls under the Town Manager \[Section 9(D)\] and, as such, the Town Manager has made a preliminary determination to not allow trucks/vehicles onto the grass at Fletcher Park, but to make preliminary determination to not allow trucks/vehicles onto the grass at Fletcher Park, but to make preliminary determination to not allow trucks/vehicles onto the grass at Fletcher Park, but to make provisions for the vendors to park along the new wide sidewalks that encircle the park to sell from there. provisions for the vendors to park along the new wide sidewalks that encircle the park to sell from there. provisions for the vendors to park along the new wide sidewalks that encircle the park to sell from there. Trucks driving on the grass will damage the sprinkler system and make future maintenance of the park Trucks driving on the grass will damage the sprinkler system and make future maintenance of the park Trucks driving on the grass will damage the sprinkler system and make future maintenance of the park more difficult. Mr. Malloy stated that he, the DPW Director, Public Facilities Director, and Police more difficult. Mr. Malloy stated that he, the DPW Director, Public Facilities Director, and Police more difficult. Mr. Malloy stated that he, the DPW Director, Public Facilities Director, and Police Captain, met with Leslie Wilcott-Henrie and Linda Arnow to discuss this issue. A workable solution Captain, met with Leslie Wilcott-Henrie and Linda Arnow to discuss this issue. A workable solution Captain, met with Leslie Wilcott-Henrie and Linda Arnow to discuss this issue. A workable solution seems to be allowing the farmers to park around the concrete sidewalks. The current plan is for the seems to be allowing the farmers to park around the concrete sidewalks. The current plan is for the seems to be allowing the farmers to park around the concrete sidewalks. The current plan is for the Farmer’s Market to continue to be located at the practice field on Worthen Road for the 2025 season and Farmer’s Market to continue to be located at the practice field on Worthen Road for the 2025 season and Farmer’s Market to continue to be located at the practice field on Worthen Road for the 2025 season and Farmer’s Market to continue to be located at the practice field on Worthen Road for the 2025 season and move back to Fletcher Park for the 2026 season. This will provide the time and review necessary to work move back to Fletcher Park for the 2026 season. This will provide the time and review necessary to work move back to Fletcher Park for the 2026 season. This will provide the time and review necessary to work move back to Fletcher Park for the 2026 season. This will provide the time and review necessary to work out the remaining details. Mr. Malloy asked the Select Board to weigh in item, due to his upcoming out the remaining details. Mr. Malloy asked the Select Board to weigh in item, due to his upcoming out the remaining details. Mr. Malloy asked the Select Board to weigh in item, due to his upcoming retirement. Dawn McKenna, 9 Hancock Street, stated that, as the person who advocated for this location to become Dawn McKenna, 9 Hancock Street, stated that, as the person who advocated for this location to become Dawn McKenna, 9 Hancock Street, stated that, as the person who advocated for this location to become Dawn McKenna, 9 Hancock Street, stated that, as the person who advocated for this location to become the original Farmer’s Market, the notion that this would be disallowed is disappointing. It is also not okay the original Farmer’s Market, the notion that this would be disallowed is disappointing. It is also not okay the original Farmer’s Market, the notion that this would be disallowed is disappointing. It is also not okay the original Farmer’s Market, the notion that this would be disallowed is disappointing. It is also not okay to not bring back the Farmer’s Market to this location until 2026. The purpose of this area was not for the to not bring back the Farmer’s Market to this location until 2026. The purpose of this area was not for the to not bring back the Farmer’s Market to this location until 2026. The purpose of this area was not for the solar project or the Police Station, as it was agreed that the park needed to be there. solar project or the Police Station, as it was agreed that the park needed to be there. solar project or the Police Station, as it was agreed that the park needed to be there. Leslie Wilcott-Henrie, 70 East Street and Board president for the Lexington Farmer’s Market, stated that Leslie Wilcott-Henrie, 70 East Street and Board president for the Lexington Farmer’s Market, stated that Leslie Wilcott-Henrie, 70 East Street and Board president for the Lexington Farmer’s Market, stated that Leslie Wilcott-Henrie, 70 East Street and Board president for the Lexington Farmer’s Market, stated that she is grateful that this site is viewed as a Farmer's Market site, but she has always viewed it as a larger she is grateful that this site is viewed as a Farmer's Market site, but she has always viewed it as a larger she is grateful that this site is viewed as a Farmer's Market site, but she has always viewed it as a larger she is grateful that this site is viewed as a Farmer's Market site, but she has always viewed it as a larger community use site. She asked the Select Board to take into consideration how this space is going to be community use site. She asked the Select Board to take into consideration how this space is going to be community use site. She asked the Select Board to take into consideration how this space is going to be used. The Board would like to stay at the Worthen Road practice field through 2026 for logistical reasons. used. The Board would like to stay at the Worthen Road practice field through 2026 for logistical reasons. used. The Board would like to stay at the Worthen Road practice field through 2026 for logistical reasons. Mr. Lucente suggested some level of compromise. Finishing the site is important but modifications may Mr. Lucente suggested some level of compromise. Finishing the site is important but modifications may Mr. Lucente suggested some level of compromise. Finishing the site is important but modifications may be able to be made in the future. be able to be made in the future. Ms. Hai stated that it is important to keep the park aesthetically attractive, while also able to be utilized by Ms. Hai stated that it is important to keep the park aesthetically attractive, while also able to be utilized by the community. She asked about the plan for the underground irrigation and considering moving vehicles the community. She asked about the plan for the underground irrigation and considering moving vehicles or structures over it. 4. Busa Farm Conservation Restriction Carol Kowlaski, Assistant Town Manager for Development, explained that the Busa Farm Conservation Restriction (CR) was a requirement of the 2009 purchase of the Busa Farm property. The CR reflects that, if it is ever not used as a farm, it could be used for active recreation, provided the disuse has been documented, and that the grantee agrees that the Town has made every effort to look for another farm operator. The Town will contribute $5,000 to the grantee to help enforce and monitor the CR. Mary Rose Scozzafava, President of Lexington Community Farm, thanked Ms. Kowlaski, the Citizens for Lexington Conservation, and her Executive Director for generating the proposed document. She stated that she would be happy to increase the square footage limitation if the Board sees fit. Dawn McKenna, 9 Hancock Street, suggested that Section 18, subparagraph A.ii. should be removed. If, in the future, the Town wants to use the land and it is no longer being actively used as a farm, the Town should not handcuff itself against the opportunity to make that choice. Ms. Kowlaski explained that the State is insisting that similar language be included. The Board requested additional information on this topic prior to voting on it. DOCUMENTS: Memo, BusaFarmCRSubmission, Conservation Restriction For SignaturesMemo, BusaFarmCRSubmission, Conservation Restriction For Signatures 5. Review Draft Article List for Proposed 2024 Special Town Meeting Review Draft Article List for Proposed 2024 Special Town Meeting Kelly Axtell, Deputy Town Manager, reviewed a draft list of articles proposed for 2024 Special Town Kelly Axtell, Deputy Town Manager, reviewed a draft list of articles proposed for 2024 Special Town Kelly Axtell, Deputy Town Manager, reviewed a draft list of articles proposed for 2024 Special Town Meeting. There are seven financial articles proposed, not including any citizens petitions. The proposed Meeting. There are seven financial articles proposed, not including any citizens petitions. The proposed Meeting. There are seven financial articles proposed, not including any citizens petitions. The proposed first day of Special Town Meeting is November 13, 2024, and the proposed format is a hybrid meeting. first day of Special Town Meeting is November 13, 2024, and the proposed format is a hybrid meeting. first day of Special Town Meeting is November 13, 2024, and the proposed format is a hybrid meeting. Citizens petitions will be due to the Select Board’s Office by October 2, 2024 at 12:00pm. The final Citizens petitions will be due to the Select Board’s Office by October 2, 2024 at 12:00pm. The final Citizens petitions will be due to the Select Board’s Office by October 2, 2024 at 12:00pm. The final warrant will be presented and signed by the Select Board on October 7, 2024. warrant will be presented and signed by the Select Board on October 7, 2024. DOCUMENTS: STM 2024-1Article list DRAFTSTM 2024-1Article list DRAFT 6. Review Draft Select Board Report for FY24 Annual Town Report Review Draft Select Board Report for FY24 Annual Town Report Review Draft Select Board Report for FY24 Annual Town Report The Board reviewed its draft Select Board report for the FY24 Annual Town Report. The Board reviewed its draft Select Board report for the FY24 Annual Town Report. The Board reviewed its draft Select Board report for the FY24 Annual Town Report. The Board reviewed its draft Select Board report for the FY24 Annual Town Report. DOCUMENTS: DRAFT_FY2024_SBAnnualReportDRAFT_FY2024_SBAnnualReportDRAFT_FY2024_SBAnnualReport ADJOURN VOTE : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 9:59pm. 9:59pm. 9:59pm. A true record; Attest: A true record; Attest: Kristan Patenaude Kristan Patenaude Recording Secretary Recording Secretary SELECT BOARD MEETING September 16, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 16, A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 16, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, 2024, via a hybrid meeting platform. 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. were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 2: To Conduct Strategy Session for Contract Negotiations with Nonunion Personnel - Exemption 2: To Conduct Strategy Session for Contract Negotiations with Nonunion Personnel - Town Manager VOTE : Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive : Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive Session at 6:33pm. Under Exemption 2 –to conduct strategy session for contract negotiations with Session at 6:33pm. Under Exemption 2 –to conduct strategy session for contract negotiations with Session at 6:33pm. Under Exemption 2 –to conduct strategy session for contract negotiations with Nonunion Personnel -Town Manager. Further, it was declared that an open meeting may have a Nonunion Personnel -Town Manager. Further, it was declared that an open meeting may have a Nonunion Personnel -Town Manager. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. detrimental effect on the negotiating position of the Town. Board returned to open session at 7:19pm ITEMS FOR INDIVIDUAL CONSIDERATION ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Lexington High School Project Update on Lexington High School Project Mr. Pato explained that this is an update discussion on the School Building Committee (SBC) review of Mr. Pato explained that this is an update discussion on the School Building Committee (SBC) review of Mr. Pato explained that this is an update discussion on the School Building Committee (SBC) review of the Lexington High School Project. November 12 is still the target for selecting a preferred design that the Lexington High School Project. November 12 is still the target for selecting a preferred design that the Lexington High School Project. November 12 is still the target for selecting a preferred design that the Lexington High School Project. November 12 is still the target for selecting a preferred design that would move forward to the PSR phase of the Mass School Building Authorities Program. The SBC has would move forward to the PSR phase of the Mass School Building Authorities Program. The SBC has would move forward to the PSR phase of the Mass School Building Authorities Program. The SBC has would move forward to the PSR phase of the Mass School Building Authorities Program. The SBC has determined that it wants to stay with the heights that have been proposed, four stories for the new determined that it wants to stay with the heights that have been proposed, four stories for the new determined that it wants to stay with the heights that have been proposed, four stories for the new construction options and a combination of two or four stories for the addition/renovation options. There construction options and a combination of two or four stories for the addition/renovation options. There construction options and a combination of two or four stories for the addition/renovation options. There was also consensus regarding one of the three options that was adjusted and allows for preservation of the was also consensus regarding one of the three options that was adjusted and allows for preservation of the was also consensus regarding one of the three options that was adjusted and allows for preservation of the baseball field, softball field, and the rectangular field that joins them. There was consensus that this was baseball field, softball field, and the rectangular field that joins them. There was consensus that this was baseball field, softball field, and the rectangular field that joins them. There was consensus that this was baseball field, softball field, and the rectangular field that joins them. There was consensus that this was the preferred field option. the preferred field option. The SBC has requested that the Select Board consider implementing permit parking on a portion of The SBC has requested that the Select Board consider implementing permit parking on a portion of The SBC has requested that the Select Board consider implementing permit parking on a portion of Worthen Road as part of the plan for the High School project. Three of the massing concepts are placed Worthen Road as part of the plan for the High School project. Three of the massing concepts are placed Worthen Road as part of the plan for the High School project. Three of the massing concepts are placed on the general footprint of the existing buildings (phased in-place development) and the available parking on the general footprint of the existing buildings (phased in-place development) and the available parking on the general footprint of the existing buildings (phased in-place development) and the available parking areas fall about 30 spaces below the expected need. Providing these spaces on the site would require the areas fall about 30 spaces below the expected need. Providing these spaces on the site would require the addition of structured parking (at about $20M) or reduction of available field space. Satisfying the need addition of structured parking (at about $20M) or reduction of available field space. Satisfying the need with dedicated parking areas on Worthen Road would avoid these penalties. Current planning by the SBC with dedicated parking areas on Worthen Road would avoid these penalties. Current planning by the SBC is proceeding assuming that the additional parking will be provided off-site rather than within the project is proceeding assuming that the additional parking will be provided off-site rather than within the project scope. Mr. Lucente explained that some of his concern regarding parking on Worthen Road is that parking is a premium everywhere. There have been discussions regarding replacing parking on Worthen Road with a bike lane. The High School project should consider as much parking on site as possible. Mr. Pato noted that the parking target includes zero parking spots for students on site. There is a desire to encourage no use of automobiles for students. Ms. Barry asked who the permit parking is proposed for. Mr. Pato stated that this is to meet the 500-spot target for staff, administration, and visitors. Ms. Hai stated that she is not opposed to using Worthen Road for parking, as it is already being used at this time for parking, however, she would like some clarification on the parking numbers. Michael Dowhan, Senior Landscape Architect with SMMA, stated the 495 number includes all parking for faculty and staff, anticipating an increase in both. It also includes 60 spaces for the central office. It includes all facilities, parking for loading areas, and parking for the LABB program. This number was arrived at by holding the student parking to zero. A 450 number was originally used to equal the quantity of existing parking on the site. In response to a question from Mr. Lucente, it was noted that a $20M parking garage would garner approximately 400 spaces. Mr. Sandeen stated that the $20M seems to encourage activity that is opposite of what the Board values, which is reducing vehicle miles traveled in Lexington. This funding could of what the Board values, which is reducing vehicle miles traveled in Lexington. This funding could instead be used to consider ways to have fewer parking spots and reduce the need for single use vehicle instead be used to consider ways to have fewer parking spots and reduce the need for single use vehicle trips to school. In response to a question from Mr. Lucente, Mr. Dowhan stated that the plan is for enough bicycle In response to a question from Mr. Lucente, Mr. Dowhan stated that the plan is for enough bicycle In response to a question from Mr. Lucente, Mr. Dowhan stated that the plan is for enough bicycle parking for 5% of the student and faculty population. This leads to approximately 120-125 long term bike parking for 5% of the student and faculty population. This leads to approximately 120-125 long term bike parking for 5% of the student and faculty population. This leads to approximately 120-125 long term bike parking spaces that would likely be canopied. Mr. Pato stated that there will be a hybrid community forum on September 18 – LHS Building Project Mr. Pato stated that there will be a hybrid community forum on September 18 – LHS Building Project Mr. Pato stated that there will be a hybrid community forum on September 18 – LHS Building Project Community Meeting Wednesday at Battin Hall and Zoom. This session is primarily intended to discuss Community Meeting Wednesday at Battin Hall and Zoom. This session is primarily intended to discuss Community Meeting Wednesday at Battin Hall and Zoom. This session is primarily intended to discuss cost estimates and the comparison of costs to recent school projects. These estimates are still preliminary cost estimates and the comparison of costs to recent school projects. These estimates are still preliminary cost estimates and the comparison of costs to recent school projects. These estimates are still preliminary cost estimates and the comparison of costs to recent school projects. These estimates are still preliminary and largely representative of gross square feet needed rather than detailed designs and draw on the per and largely representative of gross square feet needed rather than detailed designs and draw on the per and largely representative of gross square feet needed rather than detailed designs and draw on the per and largely representative of gross square feet needed rather than detailed designs and draw on the per square foot costs in school construction over the past years escalated by existing and anticipated inflation. square foot costs in school construction over the past years escalated by existing and anticipated inflation. square foot costs in school construction over the past years escalated by existing and anticipated inflation. Given the technical nature of these cost estimates, there will be a brief presentation at the beginning and Given the technical nature of these cost estimates, there will be a brief presentation at the beginning and Given the technical nature of these cost estimates, there will be a brief presentation at the beginning and most of the issues will be handled by professional staff. most of the issues will be handled by professional staff. DOCUMENTS: SBC Critical Decision TimelineSBC Critical Decision TimelineSBC Critical Decision Timeline 2. Board Discussion: Projects related to Lexington High School Building Project Board Discussion: Projects related to Lexington High School Building Project Board Discussion: Projects related to Lexington High School Building Project Field House Swimming Pool Swimming Pool th Mr. Lucente explained that this is a follow up discussion to the August 15Mr. Lucente explained that this is a follow up discussion to the August 15Mr. Lucente explained that this is a follow up discussion to the August 15Summit on the question of whether a field house and/or indoor pool should be included in the design considerations of the School whether a field house and/or indoor pool should be included in the design considerations of the School whether a field house and/or indoor pool should be included in the design considerations of the School Building Committee. Building Committee. Mr. Pato explained that the SBC received a report from the Athletics Department regarding the use of the Mr. Pato explained that the SBC received a report from the Athletics Department regarding the use of the existing field houseexisting field houseindicated that they would like to make sure that at least a renovation occurred indicated that they would like to make sure that at least a renovation occurred to preserve the capacity for the programs that are currently in place. The field house is in use from to preserve the capacity for the programs that are currently in place. The field house is in use from approximately 6AM-10/11PM each day. A renovation element is not being carried in the current cost approximately 6AM-10/11PM each day. A renovation element is not being carried in the current cost estimates. A renovation, or ad renovation, is allowed under the MSBA project, but the MSBA will not estimates. A renovation, or ad renovation, is allowed under the MSBA project, but the MSBA will not contribute any funds toward it. Mr. Sandeen stated that he believes any decision on a swimming pool needs to consider the expected total operating costs and how much staff it will take to manage the facility. He is not currently sure that a pool belongs at the same location as the Lexington High School. There may be better suited locations in Town. Ms. Barry stated that she would like to understand where the pool is proposed to fall within the framework of the Town and how this will be communicated to the community. Ms. Hai stated that she is intrigued by the possibility of a pool for the community but does not believe that it needs to be part of the high school project, but should be considered as any other community capital project. Mr. Lucente agreed with the previous Board comments regarding the pool. Mr. Pato stated that he does not believe the Board can make a decision about how the Town would pursue a community pool that would service swim teams and like, but he does believe the Board can determine that there is not enough real estate in the project plans to set aside a footprint for a pool. Dr. Hackett, Superintendent, stated that the School Department is not advocating for or recommending a Dr. Hackett, Superintendent, stated that the School Department is not advocating for or recommending a pool at this time, but is recommending at least a renovation of the field house. pool at this time, but is recommending at least a renovation of the field house. The Board discussed the field house options. Mr. Pato stated that he believes the best value for the Town is to carry a renovation of the field house as Mr. Pato stated that he believes the best value for the Town is to carry a renovation of the field house as Mr. Pato stated that he believes the best value for the Town is to carry a renovation of the field house as part of the base project. In parallel, the Town should begin pursuing a capital plan activity to decide part of the base project. In parallel, the Town should begin pursuing a capital plan activity to decide part of the base project. In parallel, the Town should begin pursuing a capital plan activity to decide whether or not a larger, completely new building is what the community values and prioritizes. Should whether or not a larger, completely new building is what the community values and prioritizes. Should whether or not a larger, completely new building is what the community values and prioritizes. Should Town Meeting pass such a project, there should be a debt exclusion taken for it that is independent of the Town Meeting pass such a project, there should be a debt exclusion taken for it that is independent of the Town Meeting pass such a project, there should be a debt exclusion taken for it that is independent of the debt exclusion for the MSBA project. Ms. Hai stated that she would like to hear more about the risks of debt exclusion for the MSBA project. Ms. Hai stated that she would like to hear more about the risks of debt exclusion for the MSBA project. Ms. Hai stated that she would like to hear more about the risks of doing the two projects in parallel. Mr. Pato explained that the Town-wide decision, both at Town Meeting doing the two projects in parallel. Mr. Pato explained that the Town-wide decision, both at Town Meeting doing the two projects in parallel. Mr. Pato explained that the Town-wide decision, both at Town Meeting doing the two projects in parallel. Mr. Pato explained that the Town-wide decision, both at Town Meeting and then a subsequent debt exclusion vote, would occur at the point of schematic designs. and then a subsequent debt exclusion vote, would occur at the point of schematic designs. and then a subsequent debt exclusion vote, would occur at the point of schematic designs. and then a subsequent debt exclusion vote, would occur at the point of schematic designs. Ms. Barry stated that she is in favor of renovating the existing field house. Ms. Barry stated that she is in favor of renovating the existing field house. Ms. Barry stated that she is in favor of renovating the existing field house. Mr. Lucente asked about the School Department’s feelings on the field house. Dr. Hackett explained that Mr. Lucente asked about the School Department’s feelings on the field house. Dr. Hackett explained that Mr. Lucente asked about the School Department’s feelings on the field house. Dr. Hackett explained that Mr. Lucente asked about the School Department’s feelings on the field house. Dr. Hackett explained that there are currently three new options: small, medium, and large. There is also one ad/reno option and one there are currently three new options: small, medium, and large. There is also one ad/reno option and one there are currently three new options: small, medium, and large. There is also one ad/reno option and one there are currently three new options: small, medium, and large. There is also one ad/reno option and one renovated option, for a total of five options. The School Department has recommended that at least the renovated option, for a total of five options. The School Department has recommended that at least the renovated option, for a total of five options. The School Department has recommended that at least the renovated option be the one that moves forward. The 34,400 s.f. renovated option would be what is renovated option be the one that moves forward. The 34,400 s.f. renovated option would be what is renovated option be the one that moves forward. The 34,400 s.f. renovated option would be what is needed, minimally. A new build has been contemplated by the School Department and others, and there needed, minimally. A new build has been contemplated by the School Department and others, and there needed, minimally. A new build has been contemplated by the School Department and others, and there are concerns about the risk associated if it is not included with the base project. are concerns about the risk associated if it is not included with the base project. are concerns about the risk associated if it is not included with the base project. are concerns about the risk associated if it is not included with the base project. Mr. Lucente stated that everyone seems aligned in believing that the field house has to stay as part of the Mr. Lucente stated that everyone seems aligned in believing that the field house has to stay as part of the Mr. Lucente stated that everyone seems aligned in believing that the field house has to stay as part of the project. He stated that he believes there needs to be additional capacity, and the community may be project. He stated that he believes there needs to be additional capacity, and the community may be project. He stated that he believes there needs to be additional capacity, and the community may be underserved by completing a renovation only. Dr. Hackett noted that the existing facility is equally used underserved by completing a renovation only. Dr. Hackett noted that the existing facility is equally used underserved by completing a renovation only. Dr. Hackett noted that the existing facility is equally used by the School Department, the Recreation Department, and others in the community. by the School Department, the Recreation Department, and others in the community. by the School Department, the Recreation Department, and others in the community. Ms. Barry stated that she is in favor of renovating. In terms of small, medium, or large, there needs to be a Ms. Barry stated that she is in favor of renovating. In terms of small, medium, or large, there needs to be a community conversation, but there also needs to be a financial discussion. community conversation, but there also needs to be a financial discussion. Mr. Lucente asked for public comment at this time. Mr. Lucente asked for public comment at this time. Dawn McKenna, 9 Hancock Street, expressed concern with the estimate numbers that the Board is working off of, as they have been based off the base project of the high school. Outfitting a field house is nowhere near as expensive as outfitting a high school. It will be important for the Coordinator of Physical Education & Wellness, and the Athletics Coordinator, be at the meeting on Thursday to answer questions. There are many reasons why a new field house is needed at the right size. The field house has been part of the high school since the 1960s. It was voted both by Town Meeting and a Town-wide referendum, and today it continues as an integral part of the campus. There should be further discussion regarding the field house not jumping the capital line. Nora Finch, 73 Webb Street, stated that the cost estimates for the different field house options have been based on the same price per square foot as the main high school building, but the field house does not have science labs, cafeterias, elevators, technology, etc. She hopes thatupdated pricing information will lead to a more appropriate price per square foot for the type of facility being discussed and that this will enable a better comparison of the renovation options. She asked that the different sized (small, medium, and large) be used to considerdifferent capabilities of the space. Olga Guttag, 273 Emerson Road, expressed concern about the unpredictability of future enrollment due to the new rezoning of Town. If the housing proposals materialize, the Town might see 500,000 extra students. Thus, it is unclear what size will be needed until three to four years from now. She asked if the Board would ask the SBC to design a proposal which would require two successive debt exclusions, with Board would ask the SBC to design a proposal which would require two successive debt exclusions, with the first one being much smaller than the current design requires. This would allow the middle-class the first one being much smaller than the current design requires. This would allow the middle-class residents to remain living in Lexington longer and not be taxed out of Town. residents to remain living in Lexington longer and not be taxed out of Town. Bob Pressman, 22 Locust Avenue, stated that no public-school system in the State of Massachusetts has a Bob Pressman, 22 Locust Avenue, stated that no public-school system in the State of Massachusetts has a Bob Pressman, 22 Locust Avenue, stated that no public-school system in the State of Massachusetts has a track with a 200 meter straight away. He asked that the Board read through the costs of the other field track with a 200 meter straight away. He asked that the Board read through the costs of the other field track with a 200 meter straight away. He asked that the Board read through the costs of the other field house iterations identified multiple times at the high school meetings as the best in the State. house iterations identified multiple times at the high school meetings as the best in the State. house iterations identified multiple times at the high school meetings as the best in the State. Kseniya Slavsky, 14 Rindge Avenue and member of the SBC, asked if any specific action needs to be Kseniya Slavsky, 14 Rindge Avenue and member of the SBC, asked if any specific action needs to be Kseniya Slavsky, 14 Rindge Avenue and member of the SBC, asked if any specific action needs to be taken in order to add the further exploration of the design of a field house to a scope of work for the taken in order to add the further exploration of the design of a field house to a scope of work for the taken in order to add the further exploration of the design of a field house to a scope of work for the design team. She stated that she does not believe it is currently part of the scope, other than reserving design team. She stated that she does not believe it is currently part of the scope, other than reserving design team. She stated that she does not believe it is currently part of the scope, other than reserving design team. She stated that she does not believe it is currently part of the scope, other than reserving space on the site so that the main school project does not build in such a way that prohibits addition of a space on the site so that the main school project does not build in such a way that prohibits addition of a space on the site so that the main school project does not build in such a way that prohibits addition of a space on the site so that the main school project does not build in such a way that prohibits addition of a field house. She asked if the field house will require additional geothermal wells or other items if it is field house. She asked if the field house will require additional geothermal wells or other items if it is field house. She asked if the field house will require additional geothermal wells or other items if it is going to follow the Town's policy on net zero buildings, sustainable construction, etc. going to follow the Town's policy on net zero buildings, sustainable construction, etc. going to follow the Town's policy on net zero buildings, sustainable construction, etc. Dawn McKenna stated that creative thinking is a win-win situation for the school and community. The Dawn McKenna stated that creative thinking is a win-win situation for the school and community. The Dawn McKenna stated that creative thinking is a win-win situation for the school and community. The Dawn McKenna stated that creative thinking is a win-win situation for the school and community. The 72,000 s.f. building in the PSR being preserved leaves all options remaining open during schematics and 72,000 s.f. building in the PSR being preserved leaves all options remaining open during schematics and 72,000 s.f. building in the PSR being preserved leaves all options remaining open during schematics and 72,000 s.f. building in the PSR being preserved leaves all options remaining open during schematics and cost estimates can be appropriately challenged. The architects will receive the message to continue to cost estimates can be appropriately challenged. The architects will receive the message to continue to cost estimates can be appropriately challenged. The architects will receive the message to continue to explore creative solutions and allow the Town to make an informed vote over the next year to approve a explore creative solutions and allow the Town to make an informed vote over the next year to approve a explore creative solutions and allow the Town to make an informed vote over the next year to approve a smaller or larger new facility. smaller or larger new facility. Mr. Lucente summarized a consensus on the Board to not continue forward with a pool option. There was Mr. Lucente summarized a consensus on the Board to not continue forward with a pool option. There was Mr. Lucente summarized a consensus on the Board to not continue forward with a pool option. There was Mr. Lucente summarized a consensus on the Board to not continue forward with a pool option. There was also consensus on the Board regarding, at a minimum, a renovation of the field house. There were mixed also consensus on the Board regarding, at a minimum, a renovation of the field house. There were mixed also consensus on the Board regarding, at a minimum, a renovation of the field house. There were mixed feelings further than the base renovation. There may need further community outreach on this item, feelings further than the base renovation. There may need further community outreach on this item, feelings further than the base renovation. There may need further community outreach on this item, though there is a short timeline for this. though there is a short timeline for this. Mike Burton, OPM, agreed that the dollar per square foot project cost for a field house would be less than Mike Burton, OPM, agreed that the dollar per square foot project cost for a field house would be less than the rest of the school. This has been considered in the calculations. the rest of the school. This has been considered in the calculations. DOCUMENTS: Presentation(from8/15Summit), Level Principal Debt Analysis, Level Payment Debt Presentation(from8/15Summit), Level Principal Debt Analysis, Level Payment Debt Analysis 3. Update on Affordable Housing Trust Request for Proposal (RFP) Review Process Parcel 68-44 Located on Lowell Street thth Elaine Tung, Affordable Housing Trust, explained that the Town issued an RFP on June 27. On July rdrdndnd 2323, there was a site walk and pre-bid conference. Proposals were due on August 22, and seven proposals were received. A proposal review working group formed by Town staff met four times and narrowed the seven proposals down to four. The four affordable housing developers were interviewed earlier today. Due diligence will include site visits to the various developers’ projects, reference checks, and financial capacity checks. The proposal working review group will meet this week to formalize a recommendation to the Affordable Housing Trust. A recommendation will then be put in the Board’s packet by October 2, 2024 for a discussion on October 7, 2024. The Board discussed potentially hearing more in-depth evaluations and presentations from the developers. DOCUMENTS: RFP Timeline 4. Appoint Interim Town Manager Mr. Lucente explained that, in accordance with the Selectmen-Town Manager Act of 1968, the Board is to appoint an acting Town Manager, when there is a vacancy of the Town Manager. With the upcoming to appoint an acting Town Manager, when there is a vacancy of the Town Manager. With the upcoming retirement of Jim Malloy, the Board will appoint an interim Town Manager to be effective October 1, retirement of Jim Malloy, the Board will appoint an interim Town Manager to be effective October 1, 2024, to continue until the start date of a new Town Manager, but not to be later than May 31, 2025. 2024, to continue until the start date of a new Town Manager, but not to be later than May 31, 2025. Town Counsel has reviewed the contract, as included in the Board’s packet. Town Counsel has reviewed the contract, as included in the Board’s packet. The Board thanked Mr. Malloy for all of his work and effort over the years. The Board thanked Mr. Malloy for all of his work and effort over the years. The Board thanked Mr. Malloy for all of his work and effort over the years. VOTE : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Kelly : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Kelly : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Kelly : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to appoint Kelly Axtell as Interim Town Manager effective October 1, 2024, until a Town Manager is appointed by the Axtell as Interim Town Manager effective October 1, 2024, until a Town Manager is appointed by the Axtell as Interim Town Manager effective October 1, 2024, until a Town Manager is appointed by the Select Board, or May 31, 2025, whichever is sooner. DOCUMENTS: Interim Town Manager Contract K Axtell Interim Town Manager Contract K Axtell Interim Town Manager Contract K Axtell ADJOURN VOTE : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 9:11pm. 9:11pm. A true record; Attest: Kristan Patenaude Recording Secretary Recording Secretary To: Select Board From: Maggie Peard, Sustainability & Resilience Officer Date: September 27, 2024 Re: Level 3 Electric Vehicle (EV) Charging Station Rate After receiving MassEVIP grant funding in 2022, the Town is moving forward with installing a or NStarparking lot in the Town Center. It is expected to be installed this fall, pending final approvals from Eversource. This memo provides a recommendation for a rate at which to charge the public for electricity while using the station. Rate setting for EV chargers is under the purview of the Select Board. There are three levels of electric vehicle charging stations: Level 1, Level 2, and Level 3. These levels refer to the power output of a charging station. Level 1 chargers are plugged into a standard 120V electrical outlet, just like one you could find in your home. Level 2 charging stations use a 240V electrical outlet. Due to their higher power output, Level 2 charging stations charge EVs at a faster rate than Level 1 chargerstypically in around 4-5 hours. Level 3 charging stations use direct current (DC) to charge EVs. Often called "DC chargers", Level 3 chargers are much faster than Level 1 and Level 2 chargers and can often fully charge an EV in under an hour. The Lexington charger will have two ports that will charge at a max of 62.5kWh individually. If no one is at the other port, a vehicle can receive a max of 125kWh. Because Level 3 chargers fully charge a car significantly faster than Level 2 chargers, we tend to see higher charging rates set for Level 3 chargers in the market. There is substantial variation on rates at Level 3 chargers. Some have flat per kilowatt hour rates, while others have rates that vary based on time of day. Some have idle fees to keep cars turning over. The rate structure we set depends in part on the goals of having the charger in town. The goal could be to recoup the cost of operation, to encourage EV adoption, to discourage on peak charging, to attract visitors to the town center, or some combination these priorities. Below are some of the considerations that should go into setting a rate structure. Competitive Rate: Customers have choices when it comes to where and when to charge. There are many apps and websites where EV drivers can compare charging prices. Having a competitive rate will help attract customers to the charger. Flat rate vs. time of day rates. Flat rates have a per kilowatt hour rate that remains constant. Flat rates bring simplicity and predictability for users. Time of day rates incentivize charging during off peak hours in order to avoid demand charges and strain on the electric grid. Idle Fee. Some EV chargers set idle fees to avoid having cars sitting idle after charging, preventing other users from using the charger. An idle fee is an effective tool to maximize use of the charger and share the benefit of having a fast charger in town across many users. Connection Fee. A connection fee would be another tool that could be used to recoup costs if needed. Based on market research and conversations with staff in other communities with Level 3 chargers, Town staff proposes two options for the Select Board to consider as a starting point. Because this will be Lexingtons first Level 3 charger, staff will monitor use and cost/revenue once the charger is operational and propose adjustments as needed to meet our goals. Option 1 Time of Use Rates Hours Rate Off Peak Saturday Sunday, all day $0.30/kWh Monday Friday, 8 PM 3 PM On Peak Monday- Friday, 4 PM 8 PM $0.55/kWh Idle fee: $1.00/minute after a 10-minute grace period for a car that has been parked for more than 2 hours. Option 2 Flat Rate Flat rate of $0.45/kWh. Idle fee: $1.00/minute after a 10-minute grace period for a car that has been parked for more than 2 hours. A sampling of other rate structures at both public and private chargers will help provide context for the proposed options. Tesla Super Chargers The rates at Tesla chargers vary considerably, but tend to be within the range of $0.25 - $0.60/kWh. Acton Flat rate of $0.45/kWh Concord Hours Rate Off Peak Saturday Sunday, all day $0.30/kWh Monday Friday: 8 PM 6 AM Mid Peak Monday Friday, 6 AM 4 PM $0.40/kWh On Peak Monday Friday, 4 PM 8 PM $0.60/kWh Idle fee: $1.00/minute after a 5-minute grace period Falmouth $1.00 connection fee Flat rate of $0.50/kWh. Idle fee: $1.00/minute after a post session 10-minute grace period. Wellesley Hours Rate Off Peak Saturday Sunday, all day $0.25/kWh Monday Friday: 9 PM 6 AM Mid Peak Monday Friday, 6 AM 4 PM $0.50/kWh On Peak Monday Friday, 4 PM 9 PM $0.75/kWh Idle fee: $1.00/minute after a 10-minute grace period for a car that has been parked for more than 2 hours. Comparison to Gasoline Costs E-Gallon Calculator Estimated cost equivalencies between charging and gasoline EV charger rate Gasoline rate $0.15/kWh $1.13/gallon $0.25/kWh $1.88/gallon $0.30/kWh $2.25/gallon $0.50/kWh $3.66/gallon $0.60/kWh $4.51/gallon $0.75/kWh $5.64/gallon To: Select Board From: Maggie Peard, Rosalyn Impink Date: October 7, 2024 Re: Electric Vehicle (EV) Charging Station Rate Options Executive Summary The purpose of this document is to provide an update on the use, costs, and revenues associated prompt a discussion on the rate structure to ensure long term sustainability of operating and maintaining the stations. The current EV charging rate of $0.30/kWh was established by the Select Board in 2021. The rate has not since been revisited. As the Town has installed more charging stations, adding software and maintenance costs, the total cost within the tax levy to subsidize this infrastructure has increased. In order to account for these costs, it is important for the board to reevaluate the charging rate on a regular basis. Addressing the rate is a key policy decision and will drive revenues and consumer behavior. Taking all costs to operate and maintain the stations into considerationincluding electricity, maintenance, software subscriptions, and warranty packagesthe public stations are currently operating at a deficit ($20,056 in FY2022, $27,950 in FY2023, $31,867 in FY2024). When looking at the cost of electricity alone (public only, no fleet use), the deficit is less ($2,020 in FY2022, $6,538 in FY2023, $8,610 in FY2024). Costs associated with fleet use are absorbed within the General Fund. That being said, Eversource now offers a new electric rate option to commercial customers with low demand that would remove the demand charges that are dramatically increasing the cost of electricity at the stations. This change is expected to save over $30,000 per year, likely eliminating the deficit entirely. Staff is working with Eversource to get all EV charger accounts to the non-demand rate option as soon as possible. Other adjustments could be considered to further reduce costs, such as increasing the customer charge for electricity (currently at $0.30/kWh), or implementing an excess stay fee to encourage customers to move along after fully charging their car. This document explores those topics in more detail. Electric Vehicles and Charging Stations in Lexington Lexington has a higher percentage of zero-emissions or hybrid vehicles than any other municipality in the Commonwealth at 18.9% as of July 1, 2024. Nearly 10% of registered vehicles in Lexington are electric or plug-in hybrids, meaning they require a charger to operate. To continue to encourage Lexington residents to purchase electric zero-emission vehicles, the Town has installed public charging stations. While most residents can choose to charge at home, public charging stations are important to provide for those who live in housing without access to chargers (e.g. multifamily housing, housing with no off-street parking) and for visitors who need to charge on the go. Lexington currently operates 12 public Electric Vehicle (EV) charging stations with a total of 23 ports in 6 locations across town. Residents, employees, and visitors 1 who use the stations are charged $0.30 per kilowatt hour (kWh) of electricity they use during their charging session. Table 1. Charging Stations Location Number of Chargers Number of Ports Town Offices 3* 6* 201 Bedford St 1 2 Grant St / NStar Lot 3 5 Depot Lot 2 4 Community Center 1 2 Muzzey St Lot 2 4 TOTAL 11 21 *A new charger was installed at the Town Offices in August of 2024, bringing the total at that location to 3 chargers and 6 ports. The newest charger is not included in the analysis in this report. Usage at the charging stations has varied over time as shown below with the number of sessions per month. When the first chargers were installed, there was no fee for electricity, so the chargers were used more frequently. The drop-off in charging sessions seen in mid-2021 corresponds with when the Town instituted a $0.30/kWh fee for electricity. Since that time, charging demand has rebounded beyond where it was before the fee was instituted. Today, we are seeing around 800 sessions per month across all stations. CO OSTS OF PERATION The costs outlined below are currently paid by the Department of Public Works (DPW) from the Highway Division operating budget. Electricity There are three components to electric bills for commercial accounts: kWh charges, a demand charge, and a fixed monthly customer charge. The kWh charges vary based on consumption, but the rate is fixed Choice program. The demand charge during the month. This is affected by how many charging ports are used at the same time. 2 Maintenance - DPW contracts with a vendor to service and maintain the stations. When parts need to be repaired or replaced, the Town pays for those as well. Preventative maintenance costs the Town between $3,000 and $4,000 per year. Repairs vary more widely, but are typically in the range of $500 and $2,000. Software and Warranties Both the software and warranty packages are prepaid for 5-year terms at the time of installation of the station. This means the associated costs are not spread evenly across the years of operation. The best approximation we can make of annual costs for these services is $12,000. R EVENUE Revenue from the stations are collected by ChargePoint. The company takes 10% of the charges as their profit from operating the stations. Parking Most of the current charging stations are located in paid parking lots. Parking fees are incorporated into the ChargePoint fees, so the vehicle owner does not have to conduct two separate payment transactions. Parking fees are contributed to the Parking Meter Fund, which supports costs incurred by the Police Department and DPW in maintaining Town parking programs. The lots are fee-based from 8:00 AM to 8:00 PM at a rate of $0.50/hour, with a 2-hour maximum period. Electricity When the Town first installed public charging stations over 10 years ago, there was no cost to chargethe Town was covering all electricity expenses. Starting in February of 2021, the Town instituted a charge of $0.30/kWh to recoup some of those costs. C.R OST VS EVENUE The public EV stations are currently operating at a deficit. Even when looking at electricity costs alone, the Town saw a deficit of $2,020 in FY2022, $6,538 in FY2023 and $5,280 in FY2024. Table 2. Surplus/Deficit FY2022 FY2023 Revenues $ 1,643 Parking Fees* $ 811 $ 1,414 $ 18,537 Electricity Charges $ 6,926 $ 11,545 $ 20,179.39 Total $ 7,737 $ 12,959 Expenditures Electricity Cost from Public use $ 8,946 $ 18,082 $ 27,14 7 Electricity Cost from Fleet Use $ 743 $ 5,095 $ 6,814 Preventative Maintenance $ 3,425 $ 3,900 $ 3,900 $ 375 Repairs $ 1,700 $ 250 $ 6,888 Cloud Software $ 6,888 $ 6,888 $ 5,280 Assure Warranty $ 5,280 $ 5,280 3 $ 50,404 Total $ 26,981 $ 39,495 $ (31,867) Surplus/(Deficit) $ (20,056) $ (27,950) Surplus/(Deficit) Public electricity Only $ (2,020) $ (6,538) $ (8,610) *The parking fees are not included in the surplus/(deficit) calculations because that revenue goes to the parking fund. ERC VERSOURCE ATE HANGE Eversource offers various rate structures for different kinds of customers. For example, there are different rate structures for residential customers and non-residential customers, as well as different rates for customers who meet various criteria around income, usage, and demand. Currently, all EV chargers are on the G-1 Small General Service (Demand Price Option) rate. Under this rate structure, the Town pays a demand charge of $36.75 per every kW over 10 kW based on its peak demand during the billing period. For example, if the peak demand was 15 kW one month, the demand charge would be (15-10 kW) * $36.73/kW = $183.65. The Town can save a significant amount of money by switching the EV charger accounts to the G-1 Small General Service (Non-Demand Price Option). This is a new rate that Eversource has designed for non-residential customers with a demand that does not exceed an average of 100 kW for 12 consecutive months. While this rate has a higher delivery charge than the current rate these accounts are on, it eliminates the demand charges entirely. The Non-Demand Price Option also has a lower monthly customer charge of $15, compared to $20 for the Demand Price Option. See below for the estimated savings from changing rates based off of FY24 usage. Annual Annual Bill on G1 Bill on G1 Non- Demand Demand Rate Rate Annual Location (Current) (New) Savings Depot Lot $11,021 $5,194 $5,827 NSTAR Lot $13,249 $4,229 $9,020 Muzzey Lot $10,905 $5,029 $5,875 Community Center $2,808 $1,814 $994 Town Office Building $8,934 $2,245 $6,689 201 Bedford Street $9,767 $3,423 $6,345 Total $56,684 $21,935 $34,749 Average Cost per kWh $0.688 $0.266 4 R ECOMMENDATIONS 1. G1 Small General Service (Non- Demand Price Option) to save on demand charges. This is already underway. 2. Halt installation of new public EV chargers. Usage reports are showing that existing charger are more than meeting demand. FC UTURE ONSIDERATIONS Staff recommends analyzing the Non-Demand Price Option before making additional changes, but the following actions could be considered in the future to further minimize losses associated with the public chargers. 1. Consider an electric rate change: Option A ($0.35/kWh). While most surrounding communities charge $0.20/kWh - $0.30/kWh for charging at public stations, staff in these communities also report operating deficits. A rate of $0.35/kWh would be on the high end of surrounding communities, but would increase the percent of electricity costs recouped through the station fees. Option B ($0.40/kWh). Charging $0.40/kWh would be higher than surrounding communities and may discourage use of public stations. Residents would pay less by charging at home. Staff does not recommend this option. Charging rates in nearby municipalities at Level 2 chargers Cambridge: $0.189/kWh Burlington: $0.20/kWh Newton: $0.20/kWh Medford: $0.25/kWh Somerville: $0.25/kWh Maynard: $0.25/kWh for first hour, $1.00/kWh thereafter Arlington: $0.30/kWh Melrose: $0.30/kWh Arlington: $0.30/kWh Acton: $0.35/kWh Carlisle: $0.65/kWh (piloting $0.30/kWh to assess effect on demand) 2. Consider an excess stay fee: Other private charging units charge a fee for overstaying a particular time period 4 hours, 6 hours, when a vehicle is done charging, etc. This recognizes that it may take an extended period to charge a vehicle, but encourages drivers to move along after fully charging, and allow someone else to use the charger. Revenue from this fee can further support the rate structures noted above. Over the past year, the average session length has been 3 hours and 45 minutes. 18% of sessions are 30 minutes are less; 45% of sessions are 1 hour or less; 60% of sessions are 2 hours or less; 72% of sessions are 3 hours or less; and 81% of sessions are 4 hours or less. This option would require additional analysis by staff to determine the most appropriate rate structure. 5 3. Consider partnering with a third-party operator: Some municipalities opt to partner with a third-party operator to manage their public stations. Under such an arrangement, the Town would turn over management of the stations to a third party under a profit-sharing agreement. There is variation on how these agreements are structured, but a third party could assist with maximizing use of the stations, analyzing station data, and recommending rate changes as needed. A.AC PPENDIX LOSER LOOK AT ELECTRICITY COSTS The cost of electricity plays a significant role in the size of the surplus/deficit when looking at p option. Between December 2020 and December 2023, the supply rate was $0.108/kWh. Starting December 2023, that rate went up to $0.13998/kWh. While the supply rate will remain constant until December 2026, the other components of the electric bill (delivery, demand charges, customer charges) vary. Because of these variations, the total electricity rate we pay changes, while the rate we charge has remained at $0.30/kWh. Table 3. Deficit from Electricity Costs FY2022 FY2023 FY2024 Fleet electricity use (kWh) 2,129 12,047 17,233 Public electricity use (kWh) 25,650 42,758 68,655 Total electricity use (kWh) 27,779 55,805 85,888 Total electricity cost $9,688 $23,177 $33,961 Average total electricity rate ($/kWh) $0.35 $0.42 $0.40 Differential between average electric rate $ (0.05) $ (0.12) $ (0.10) and charging rate Revenue loss from differential (public use $ (1,251) $ (5,255) $ (6,550) only) The differential displayed in the final row of Table 3 does not match the final row of Table 2 because ChargePoint takes 10% of our collected revenue. OCA PERATION OSTS LLOCATIONS The benefits delivered from the maintenance, software, and warranties costs are shared by the public and the Town fleet users. In the table above, those costs are shown as totals and not broken out by public use and fleet use since in reality, they are paid as one. The table shows how those costs could reasonably be allocated based on use. In FY2022, fleet charging accounted for 7.7% of total use; in FY2023, fleet charging accounted for 22% of total use; in FY2024, fleet charging accounted for 20% of total use. These percentages are used to allocate the operational costs between public and fleet use. Table 4. FY2022 Fleet vs. Public Operational Costs Full Cost Public Allocation Fleet Allocation Preventative $3,425 $3,163 $262 Maintenance Repairs $1,700 $1570 $130 Cloud Software $6,888 $6,360 $528 6 Assure Warranty $5,280 $4,875 $405 Total $17,293 $15,968 $1,325 If the fleet allocation ($1,325) is removed from the overall deficit recorded in Table 2, the deficit from providing public chargers goes down to $18,731 in FY2022. Table 5. FY2023 Fleet vs. Public Operational Costs Full Cost Public Allocation Fleet Allocation Preventative $3,900 $3,043 $857 Maintenance Repairs $250 $195 $55 Cloud Software $6,888 $5,374 $1,514 Assure Warranty $5,280 $4,120 $1,161 Total $16,318 $12,732 $3,587 If the fleet allocation ($3,587) is removed from the overall deficit recorded in Table 2, the deficit from providing public chargers goes down to $24,363 in FY2023. Table 6. FY2024 Fleet vs. Public Operational Costs Full Cost Public Allocation Fleet Allocation Preventative $3,900 $3,120 $780 Maintenance Repairs $375 $300 $75 Cloud Software $6,888 $5,510 $1,378 Assure Warranty $5,280 $4,224 $1,056 Total $16,443 $13,154 $3,289 If the fleet allocation ($3,289) is removed from the overall deficit recorded in Table 2, the deficit from providing public chargers goes down to $28,578 in FY2024. 7 James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Senior Management Team FROM: Jim Malloy, Town Manager DATE: October 5, 2022 RE: Future ARPA Requests As you may be aware, the Select Board has asked that I improve the information for their consideration related to ARPA requests, including how the request meets their nexus to the pandemic, which is described below. As you may be aware, the Board has asked that I identify whether a requests is consistent with the nexus they’ve developed or not and include that in the information that is transmitted to them. To assist in providing complete information, I am asking that you complete the attached form for any future requests so that the Board will have complete information on all requests. Once I receive your request The Select Board’s Nexus to the Pandemic for ARPA Spending: The Select Board set priorities for ARPA spending in the following areas that address the immediate needs of our residents and businesses: housing, food insecurity, public health and safety and economic stimulus and resiliency for our community Other Uses of ARPA Funds Not Among the Select Board Goals: Revenue replacement for government services Premium Pay for essential workers Water/Sewer/Broadband The Board’s goal is to provide some level of compensation for losses and to create new opportunities that reflect healthy new ways for the community to come together. The Board continues to strive for a community that adheres to our Community Compass, is Livable, and sustains a Thriving Local Economy. The Board is concerned with the impact that the COVID Pandemic has created in the community, both for commercial interests and residents. Financial losses include those due to lost revenues or wages, delays in ability to develop due to supply chain issues. Social losses emerge from the stifling of normal interaction because of concern for disease transmission due to direct personal contact enjoyed prior to the pandemic. In addition, the Board supports improving public health services directly and 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 indirectly related to the pandemic. Funded projects must both satisfy the “COVID Nexus” and satisfy the Board’s core values. Should you have any questions please do not hesitate to contact me. Thanks. Water Wagon $70,000DPW A price quote was obtained from Quench Buggy who supplies the water wagons. The cost is estimated at $70,000 (price of the unit plus shipping and cups). The funds will be used to purchase a water wagon similar to the one that MWRA has and was used in Lexington for Discover Day and for the DPW Open House. Due to the recent plastic bottle restriction there is a need to provide a safe, clean drinking water source for large events in Lexington (Patriot's Day, Discovery Day, Department sponsored events and other community events). The water wagon holds 300 gallons of potable water and has ADA compliant water access stations. The purchase of the water wagon will allow staff to provide safe, clean drinking water to participants and attendees at various events. This coincides with a need to hold these events and bring people together in outdoor spaces. It also will help to meet health standards for hydration and potable water at large outdoor events. By providing the water wagon event sponsors will not have to shift funds and staffing to providing drinkable water at their events. This will be good for the community and will help reduce the use of single use plastic bottles. July 29, 2024 David Pinsonneault, DPW Director Affordable Housing Decarbonization $18,195LexHAB $1,200 to replace gas water heater with electric water heater $15,670 to disconnect and remove existing gas furnance and A/C unit; install new air handler and heat pumps $825 to convert gas water heater to electric $500 general contractor coordination and supervision LexHAB has worked with Mass Save for the past two years to decarbonize its buildings- both weatherizing to increase energy efficiency and electrifying units. Unfortunately, Mass Save's programs do not include transitioning buildings from gas to electric, so only buildings using oil are eligible for financial assistance. LexHAB's goal is to transition all buildings to electric systems and utilize renewal energy as much as possible. The gas system at 29 Locke Village failed and instead of replacing the system with new gas water heaters and A/C units, LexHAB would like to transition the system to electric and replace with new electric water heaters, air handlers and heat pumps. The project is ready to start as soon as funding is available. Housing is one of the Select Board's stated funding priorities. The pandemic exacerbated the affordable housing crisis throughout the country, including in Lexington. Locally, construction costs soared due to supply chain bottlenecks and a shortage of skilled labor. Lexington's median home price is $1.6 million, is out of reach for moderate and low-income households. LexHAB's affordable housing provides subsidized housing for low and moderate-income individuals and families in Lexington with the strong schools and public services available in the community. Decarbonizing existing affordable housing makes Lexington's affordable housing stock healthier for tenants residing in the units as well as healthier for the community. Buildings are a main contributor to greenhouse gases. The requested funds would further Lexington's goal to decarbonize its buildings and met local, state and federal goals to address climate change by electrifying building systems. This project aligns directly with the Select Board's priorities for ARPA funds. September 11, 2024 Sarah Morrison, LexHAB Executive Director GrainMillAlleyWayfindingSigns $30,000LUHD CurrentCPAallocatedBudget-$30,000 TheadditionofwayfindingsignageisthelastmilestoneneededtocompletetheGrain MillAlleyproject.Lexington’sDepartmentofPublicWorkshassecured$30,000under aCapitalBudget,however,additionalfundsareneededtoinstallsigns. TheTownjustinstalledWayfindingsignsinEastLexington recently.SimilarsignsintheCenterwillbeattractiveand addmoreconnectivitybetweenbikepathandthebusinesses intheCenter.Themapupdate,fabricationandinstallation willrequireanadditionof$30,000tocompletetheproject. TheCentercommitteeisalsoexploringadigitalsignto promotebusinessesandevents. Thetownrecentlyconductedasurveyandstudytoexaminetheadvantagesof connectingtheBikewaywiththebusinessdistricts.Thereportfromthestudynotes that,aswithmostbusinessdistricts,LexingtonCenterbusinessesareorientedtothe streetandsidewalks,nottotheBikeway.TheMinutemanBikewayprovidesan opportunityfortheTownCentertodrawadditionalcustomerscominginfromthis popularcommutingandrecreationaltrail.Providingon-siteanddigitalwayfinding signage,andimprovingtheattractivenessofstore-backs/rearfaçades,willincrease foottrafficfromtheBikewaytothesebusinessdistricts.Thissignagewillnotonly makeanimpactoneachbusinessdistrictbutwillalsohelptheregionattractmore diversebusinessestothesedistrictsandhelpfilltheretailvacancies. 9.23.2024 EconomicDevelopmentOffice LexingtonEventsSupport $20,000LUHD TheEconomicDevelopmentOfficehasbeensupportingtheChamber,LexingtonRetailerAssociation, localbusinessesandsomeofthecommunityorganizationswitheventplanningandpurchasing equipmentanddecorationsforeventplanning.Thisonetimefundwillhelppurchasesuppliessuchas additionaltables,tents,andeventdecorationsthatcouldbeusedinfutureyears.Halfofthefundswould betosupportDiscoveryDay,Halloween,TownTreeLighting,TasteofLexington,Diwali,andother eventsthataresupportedbytheLexingtonRetailersAssociation,ChamberandtheEconomic DevelopmentOffice. ThisfundwillhelppurchaseTents,tables,anddecorationsforevents.Thetown departmentsandlocalorganizationsborrowthesuppliesfromtheVisitorsCenterand thiswouldalsohelpushaveadditionaltableandtentstosupportthetouristsand eventsthatareorganizedattheVisitorsCenterlawn.Wealsoplanonprovidingaone timegranttotheLexingtonRetailersAssociationtosupporttheeventsthatthey organizeforthecommunityfor2025. Covid-19hasimpactedthebusinessesandfoot-traffic.Weareseeingmanynew restaurantsandcafe'sinLexingtonandwearehopingtosupportlocaleventstobring moreresidentsandvisitorstoexperienceandgetengagedwiththelocalbusinesses. 9.23.2024 EconomicDevelopmentOffice INTERMUNICIPAL AGREEMENT FOR th BATTLE ROAD 2025/250 CELEBRATION CONSULTANT TEAM THIS AGREEMENT is entered into by and between the Towns of Arlington, Concord, Lexington, and Lincoln, hereafter referred to collectively as the “Municipalities,” this 1st day of November, 2023, as follows: WHEREAS, the Municipalities desire to share the services and costs of a common th Consultant Team for Battle Road 2025/250 Celebration to provide Marketing, Public Relations and Events Management (the “Consultant Team”); and WHEREAS, the Town of Concord, is willing and capable of providing the support and oversight necessary to hire a Consultant Team; and WHEREAS, each of the Municipalities has obtained authority to enter into this Agreement pursuant to G.L. c. 40, s 4A; NOW, THEREFORE, the Municipalities, in mutual consideration of the covenants contained herein, intending to be legally bound, agree under seal as follows: 1. Term. The term of this Agreement shall commence on September 1, 2023 and shall expire on June 30, 2026, unless terminated earlier as set forth herein. On or before January st 1 of each year during the Term of this Agreement, the Municipalities shall review this Agreement to ensure that the agreement continues to meet the needs of each municipality. The Agreement may be renewed for a subsequent two-year term for up to a total of four years as voted of each municipality through its respective Select Board by January 1 of the year of the expiring term. Renewal shall be accomplished pursuant to a written agreement of the Municipalities. 2. Lead Municipality. During the Term of this Agreement, the Town of Concord, shall act as the lead municipality. The Town of Concord shall perform or provide the following: a. Issue Requests for Proposals for a Consultant Team to provide as the services described in Exhibit A: Core Consulting Services, attached and incorporated herein; b. Proposals will be evaluated and consultant selected by a Committee consisting of two representatives from each municipality. c. Enter into contracts with the Consultant Team to provide said services described in Exhibit A: Core Consulting Services; d. Manage the Consultant Team contract; e. Receive invoices from the Consultant Team and make payments in a timely manner for services rendered; f. Administer the collection, accounting and use of funds provided by the Municipalities to fund the Consultant Team contract; g. Provide overall program oversight and related administration; and h. Provide conflict resolution in accordance with Section 10 below. 1 | Page 3. Duties of the Consultant Team. During the Term of this Agreement, The Consultant Team shall perform services as described in Exhibit A: Core Consulting Services for an annual allocation of hours indicated in Exhibit B: Fee Structure for an annual allocation of hours as indicated in Exhibit B: Fee Structure, attached and incorporated herein. 4. Funding Structure and Payment. The Town of Concord shall annually request funds from each municipality for the upcoming year by July 1, with payments due within 30 days of the written request, and each municipality shall provide the requested annual funding to the Town of Concord, pursuant to the Fee Structure, attached as Exhibit B: Fee Structure. Funding for supplemental services not included in Exhibit A: Core Consulting Services and for additional hours in excess of the allotted hours in Exhibit B: Fee Structure shall be requested separately, at the discretion of the Town of Concord and the individual municipality. The Town of Concord shall hold all funds in a separate revolving fund account in trust for each municipality and shall not disburse such funds for any purpose other than payment of invoices from the Consultant Team for services rendered and other program expenses. Any municipality may borrow or lend hours to other municipalities upon written agreement between the impacted municipalities, provided that the total number of hours available to the Consultant Team remains constant. 5. Subsequent Year Adjustments. The annual allocation of hours in Exhibit B: Fee Structure shall be reviewed and adjusted, if necessary, annually, three (3) months prior to end of each year of the Term of this Agreement. The Town of Concord shall provide to all municipalities a record of the actual hours of services provided to each municipality during the current year of the term and if necessary, propose an amended Exhibit B in order to make any adjustment for the following year of the term, which shall be adopted as the Municipalities may agree, in accordance with Section 14. If adopted, payment allocations shall be adjusted to reflect the adjusted proportion of hours worked per year per municipality. 6. Indemnification. Notwithstanding the final sentence of G.L. c. 40, s 4A, to the extent provided by law, each municipality (the “Indemnifying Municipality”) separately agrees to indemnify the Town of Concord, including all officials, officers, employees, agents, services and representatives, from and against any claim arising out of the duties performed by the Consultant Team pursuant to the Agreement in or on behalf of the Indemnifying Municipality. As to any claim or occurrence, the express indemnification set forth above shall be town- specific: Arlington’s obligations shall be limited to the services provided for Arlington; Lexington’s obligations shall be limited to the services provided for Lexington; and Lincoln’s obligations shall be limited to the services provided for Lincoln. The Indemnifying Municipality’s obligation to indemnify under this Section shall be limited to and benefited by the immunities and the limits on liability that would be applicable under M.G.L. c. 258 and any other law or statute limiting the liabilities of municipalities as if the negligent act or omission had been made by an employee of the Indemnifying Municipality. Furthermore, the Indemnifying Municipalities shall not be liable for any claims arising from: a. Violations of state or federal civil rights statutes; b. Violations of state or federal discrimination statutes; c. Wrongful termination claims; d. Violations of any state or federal statute dealing with employment practices; and 2 | Page e. Claims that are covered by any insurance policy. 7. Termination. The Towns of Arlington, Lexington and Lincoln, by a vote of its Select Board, may withdraw from and terminate this Agreement at the end of any year with the provision of at least two months prior written notice to the Town of Concord. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. Upon such termination, the Town of Concord shall prepare full statements of outstanding unpaid financial obligations under this Agreement and present the same to the terminating Municipality for payment within thirty (30) days thereafter. The Town of Concord, by a vote of its respective Select Board, may terminate this Agreement upon the provision of at least one month prior written notice to the participating municipalities. After termination of this Agreement, the Town of Concord shall remain liable to the participating municipalities for any portion of the payments received not earned. Any municipality may withdraw from this Agreement at the end of any fiscal year in which the municipal legislative body has not appropriated funds sufficient to support that municipality’s participation in the subsequent fiscal year, provided that in such an event, the municipality shall give as much notice to other municipalities as the circumstances allow. 8. Advisory Committee. There shall exist an Advisory Committee comprised of two (2) representatives from each municipality, whom shall be appointed by the municipality’s Town Manager/Administrator. Any recommendation made to the Project Manager of the Consultant Team shall be made by a majority vote of the Advisory Committee. The Advisory Committee shall endeavor to meet on a quarterly basis in July, October, January and April. The Town of Concord shall prepare and send to each municipality a quarterly status report prior to the quarterly meeting. 9. Conflict Resolution. The Advisory Committee may hold additional meetings to discuss and resolve any conflicts that may arise including, but not limited to, disagreements regarding the needs of each municipality and changes to the annual allocation of hours as indicated in Exhibit B: Fee Structure. Any unresolved issues shall be determined by the Town Manager of the Town of Concord. 10. Financial Safeguards. The Town of Concord shall maintain separate, accurate and comprehensive records of all services performed for each of the Municipalities hereto, and all contributions received from each municipality. The Town of Concord shall issue a financial report for each fiscal year to each of the municipalities by December 31 of the following year. 11. Assignment. None of the Municipalities shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of the other Municipalities. 12. Amendment. This Agreement may be amended only by a writing signed by all Municipalities duly authorized thereunto. 13. Severability. If any provision of this Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any 3 | Page other provision of this Agreement, or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. 14. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. 15. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 16. Notices. Any notice permitted or required hereunder to be given or served on any municipality shall be in writing signed in the name of or on behalf of the municipality giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3) business days after the date of any properly addressed notice sent by mail as set forth below: Town of Arlington James Feeney, Town Manager 730 Mass Ave. Annex Arlington, MA 02476 Town of Concord Kerry Lafleur, Town Manager Town House, P.O. Box 535 22 Monument Square Concord, MA 01742 Town of Lexington James Malloy, Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 Town of Lincoln Timothy S. Higgins, Town Administrator 16 Lincoln Road Lincoln, MA 01773 17. Complete Agreement. This Agreement constitutes the entire agreement between the Municipalities concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the Municipalities concerning the subject matter hereof. Each municipality acknowledges that it has not relied on any representations by any other municipality or by anyone acting or purporting to act for another municipality or for whose actions the any other municipality is responsible, other than the express, written representations set forth herein. 4 | Page WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF ARLINGTON By its Select Board __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ TOWN OF CONCORD By its Select Board __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ TOWN OF LEXINGTON By its Select Board __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ 5 | Page TOWN OF LINCOLN By its Select Board __________________________________ __________________________________ __________________________________ 6 | Page Exhibit A th Core Consulting Services for Battle Road 2025/250 Celebration Scope of Work Overarching Communications Strategy Core material development: o Press kit, B roll, Media resources, FAQ – updated as needed ID key spokespersons o Develop key talking points Media train spokespersons Establish metrics for data capture & establish tools to collect information o Internal & External Communication- National and local Media channel identification Publicity of the region’s history and events commemorating the historical events Templates for social media, press releases, media communications, event promotional materials and associated creative. th Development of a four-town website to promote the 250 anniversary and events in all four communities. Messaging support and coordination with communication teams of visiting dignitaries Create a crisis management communications plan and train appropriate spokespersons on messaging in the event of an emergency. This may include engaging a crisis communications consulting firm. Coordinate events between municipalities to maximize strained resources and create a more efficient flow of visitors between activities. th Data collection and analytical reporting of the 250 year events – demographics of audience served, media clip reports, and analysis of what worked/didn’t work, lessons learned. Coordinate a collaborative transportation plan to ensure visitors and others have access to all four th towns during the 250 celebration. This may include engaging a transportation consultant. Target Markets & Audience \[Need to discuss demographics and psychographics of our target markets\] th The primary audiences for Battle Road 2025/250 Celebration will be: 1.New England residents 2.Regional markets: New York, New Jersey, Washington DC, Philadelphia 3.National markets: California, Mid-west 4.International markets: UK, Europe, and Asia 5.Collaborating municipalities of Arlington, Concord, Lexington, and Lincoln 6.Massachusetts’ state and federal senators and representatives, Massachusetts’ governor, and their affiliated staff members 7.Diplomatic teams of invited personalities (preparing them with information for speeches, etc.) 8.Freedoms Way 9.MAPC 10.MOTT 11.Regional Tourism 7 | Page Data Capture & Analytics To determine the success and impact of marketing, public relations, and event management th activities leading up to, surround, and post Battle Road 2025/250 Celebration regional and municipal events, it is vital to establish agreed upon metrics to measure post-2025. Strategies should be built into the program to capture, analyze, and report back key data, comprehensive media coverage, impact/engagement of social media, and other key metrics for use with program stakeholders and funding sources to measure program impact. 8 | Page Exhibit B Fee Structure The participating municipalities will proportionally share the cost of operating the Consultant Team . The proportional share is th for Battle Road 2025/250 Celebration determined based on the percentage of hours planned to support each municipality for core services as represented in the fee schedule. Concord contributes through providing insurance, accounting, and office support (including telephone, computers, copy services, supplies, mailing costs, technology, internet/email). Membership Fee Schedule Pro rata $ Hours % of hrs Arlington 25 50,000 Concord 25 50,000 Lexington 25 50,000 Lincoln 25 50,000 total 100% 200,000 This fee structure does not include payment for supplemental services which will be proposed and invoiced outside of this agreement, with pre-approval from all four towns. Lexington will coordinate the efforts on the website and crisis communications. This fee structure does not include payment for hours provided above those allotted which will be invoiced for 15% above regular rate. 9 | Page BOARD OF SELECTMEN REGULATION USE OF THE BATTLE GREEN Date Approved by BOS: Signature of Chair: November 19, 2018 The following rules and regulations have been adopted in accordance with the Code of the Town of Lexington, Chapter 100-10, as amended. Any otherwise legal activities not explicitly prohibited by these regulations, including the gathering of groups on the Battle Green for the sole purpose of exploring its history and which do not remain for more than four hours, are allowed. If these regulations, or portions thereof, conflict with the Code, the Code shall take precedence. 1. Definitions a. "Audio device" means any electronic or amplified radio, television set, computer, telephone, electronic music player, musical instrument, or other device that produces sound. b. “Battle Green Reenactment Organization” is a chartered group, dedicated to the reenactment of the events that occurred on the Battle Green on April 19, 1775, using historically accurate period appropriate weapons and costumes. c. "Compromised turf" shall mean any condition that would make the Battle Green vulnerable to excessive damage by heavy wear or use; for example, heavy rains, reseeding, and drought conditions. d. "Disorderly conduct" means any action intended to cause inconvenience, annoyance or alarm, or which recklessly creates a risk thereof; which includes, but is not necessarily limited to, fighting, threatening or violent behavior; unreasonable noise; abusive language directed toward any person present; wrestling in vicinity of others; throwing of breakable objects; malicious throwing of dangerous objects or stones; open fires, burning objects or spitting. e. "Powerless flight" means any device used to carry persons or objects through the air; for example, sailplanes, gliders, balloons, body kites, hang gliders. f. "Public use limit" means the maximum number of people or the amount, size, or type of equipment permitted on the Battle Green at one time, as established by the Board of Selectmen. g. “Responsible Party” is a person filing an application for a permit for an activity on the Battle Green, who shall be responsible for compliance with these rules and regulations. h. "Special event" means demonstrating, picketing, speechmaking, marching, holding of vigils, and all other similar forms of conduct which involve the active communication or expression of opinions or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers. 1 - i. “Weapon” is an instrument or device that can inflict serious bodily injury and includes but is not limited to: firearms, rifles, shotguns and antiques as defined by MGL Chapter 140, §121; air rifles and BB-guns as regulated by MGL Chapter 269, §12B; paintball guns; edged weapons; explosive material or devices; muskets and weapons that discharge an arrow or bolt. 2. Permit Required Activities a. The purpose for requiring permits for certain activities is to promote the use of the Battle Green in a manner consistent with its nature and history; to protect the Battle Green from harm; to ensure adequate notice of the event so that arrangements can be made to protect the public health and safety and to minimize interference with the event by the public. b. Permits are required for any of the following activities, singly or in combination: i. Any group activity reasonably likely to exceed the public use limit established by the Board of Selectmen. ii. Special events, public meetings, assemblies, gatherings, demonstrations, parades and other similar activities, not to exceed four hours in duration. iii. Pageants, reenactments, entertainments or other public spectator attractions. iv. Structures and/or signs in connection with special events and limited in duration to the period required for such events. v. Use of public address systems, electrical lighting, or other electrical or amplified devices. vi. Distribution of non-commercial printed matter. vii. Possession and/or use of unconcealed weapons, in compliance with all federal, state and local laws, at events conforming to the following: a) Events and ceremonies conducted by United States Armed Forces and/or law enforcement agencies; b) Reenactments of the events on the Battle Green on April 19, 1775, honor guard ceremonies or related activities conducted by a Battle Green Reenactment Organization; and c) The applicant shall provide evidence of training and competency in the display and use of such weapons to the satisfaction of the Board of Selectmen. viii. Use or possession of fireworks or firecrackers. ix. Planting of any trees/plants. x. Parked or moving vehicles on any grassy areas, except those necessary for Town maintenance activities. xi. Use of powered models. 3. Impermissible Activities The following activities are strictly prohibited: a. Destruction, injury, defacement, removal, or disturbance of any building, sign, equipment, monument, statue, marker, animal or plant. 2 - b. Distribution or display of commercial advertising; or soliciting of business; or any other commercial transactions. c. Remaining on the Battle Green for more than four hours. d. Abandonment of any vehicle or personal property. e. Unreasonably loud operation of audio devices. f. Delivery of any person or thing by parachute or helicopter. g. Powerless flight activities. h. Operation, launching, or landing of an Unmanned Aerial System (UAS) or drone aircraft, except for emergency landings, unless authorized by municipal staff as designated by the Town Manager. i. Disorderly conduct. j. Use or display of unconcealed weapons, except as provided in 2b. k. Use of metal detecting devices. l. Gambling of any form or operation of gambling devices. m. Picnicking in groups exceeding seven people. n. Consumption of alcoholic beverages, marijuana, or use of unlawful substances. o. Use of rollerblades, scooters and skateboards. p. Placement on the Battle Green of any unattended structure or commemorative planting of any trees/plants by a private party. q. Posting signs on poles including telephone or light poles. r. Climbing on the Minuteman Statue, Hayes Fountain, its base, or any public monument or structure. s. Bicycle riding. t. Use of grills, open flames or any other type of cooking devices. u. Placement of portable restrooms. 4. Permit Process a. Application for permit to conduct activities on the Battle Green, specified in 2, above, shall be filed no later than two weeks prior to the requested date. Late and/or incomplete applications will be considered at the discretion of the Board of Selectmen. b. Permit applications shall include the following information: i. Name and phone number of the Responsible Party to serve as contact ii. Date and time of event. iii. Nature of event. iv. Expected number of participants, spectators, and vehicles. v. Duration of event. vi. Statement of equipment and facilities to be used. vii. Section of the Battle Green desired. c. The Responsible Party is to keep the permit, a copy of which must be available for inspection upon request. The Responsible Party may be required by the Board of Selectmen, as a condition of issuing the permit, to pay for detail police officers if the Board determines that such officers are necessary for public safety. d. Permits are issued upon express condition that the Battle Green is to be left in a clean and orderly condition. 3 - e. The responsible party will be charged by the Board of Selectmen, as a condition of issuing the permit, for any damages directly resulting from the permitted activity. f. Permits are non-transferable and are only valid for date and time specified. For cause, the Police Chief or the Chief’s designee may extend a permit for up to 2 hours. g. The Board of Selectmen may set reasonable permit conditions and restrictions, including but not limited to duration and area occupied, as are necessary for protection of the Green and public use thereof. 5. Grounds for Revocation of Permit a. At the discretion of the Board of Selectmen, a permit may be revoked or further conditioned upon a finding of compromised turf of the Battle Green. b. The Selectmen may suspend or revoke a permit to use the Battle Green based on reasonable expectations that there may be an imminent threat to public safety because of a weather or man-made event. c. A permit shall be revoked if a sanctioned event includes impermissible activities and may be revoked if the permit group engages in activities that are not within the specifications of the permit. 6. Grounds for Denial of Permit Request Permit requests may be denied if an: a. Application creates a scheduling conflict with a previously filed application by another person or group. b. Event presents a clear and present danger to public health or safety. c. Event is of such nature or duration that it cannot reasonably be accommodated in the area applied for; or the expected number of participants exceeds the public use limit. d. Event will, in the opinion of the Board of Selectmen, cause unacceptable interference with use and enjoyment of the Battle Green by the general public. e. Event is requested for a date that conflicts with official Town events by Battle Green Reenactment organizations. f. Event is more appropriately held at other available Town facilities, such as recreational facilities. 7. Patriots’ Day Other than official Town-sponsored activities and permitted activities by Battle Green Reenactment Organizations, no activity or event otherwise requiring a permit shall be scheduled to take place at, nor shall any other permit be issued for use of, the Battle Green from April 1 through April 30 of each year. During such time, the Battle Green is reserved for Town activities and events, permitted activities conducted by Battle Green Reenactment Organizations and for activities for which no permit is required under Section 2. 4 - 8. Penalties Penalties for violations of these regulations shall be in accordance with Chapter 1, Article II, Sections 1-4 and 1-6 of the Code of the Town of Lexington. 9. Severability If any section, paragraph or part of these regulations be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. Approved by the Board of Selectmen July 15, 1986. Amended July 24, 2000. Amended December 21, 2009. Amended August 1, 2011. Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen on February 3, 2014. Selectmen approved minor revisions to the Use of the Battle Green Regulation on March 10, 2014. Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen on November 19, 2018. 5 - TOWN OF LEXINGTON WARRANT SPECIAL TOWN MEETING 2024-1 Commonwealth of Massachusetts Middlesex, ss. To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet either at Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, or by means of the audio/video conferencing platform described more particularly below on Wednesday, the thirteenth day of November, 2024 at 7:30pm at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. Pursuant to Chapter 92 of the Acts of 2020, as amended, including without limitation by Chapter 2 of the Acts of 2023, the Town Meeting shall be held through a hybrid of in person meeting and remote participation by the means requested by the Moderator as follows: Town Meeting members will either attend the meeting in person at Margery Milne Battin Hall, or via remote participation. The meeting will be facilitated by use of: (1) the Zoom videoconferencing platform; (2) the online voting tool developed by Select Board member Joe Pato; and (3) an online queuing function developed by Select Board member Joe Pato to facilitate debate. Other Town residents who wish to follow the proceedings may do so by attending the meeting in person in the areas reserved for non-Town Meeting Members, or via LexMedia at https:// www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may email the Town Clerk's Office at clerk@lexingtonma.gov and by completing the online form at www.LexingtonMA.gov/ STM2024-1. For more information, please see the Moderator's letter dated September 16, 2024 to the Select Board attached to this warrant as Appendix A. ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. ARTICLE 2 APPROPRIATE FOR PRIOR YEARS’ UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 3 ESTABLISH, AMEND, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and appropriate sums of money to and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of: (a) Section 135: Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public Transportation; (d) Special Education; (e) Center Improvement District; (f) Transportation Management Overlay District; (g) Capital; (h) Payment in Lieu of Parking; (i) Visitors Center Capital Stabilization Fund; (j) Affordable Housing Capital Stabilization Fund; (k) Water System Capital Stabilization Fund; and (l) Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to establish, dissolve, and/or fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 4 AMEND FY2025 OPERATING, ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5, 9 and 10 of the warrant for the 2024 Annual Town Meeting to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by tax levy, by transfer from available funds including the Community Preservation Fund, or by combination of any of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2025) appropriations. ARTICLE 5 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with sums appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements and equipment; determine whether the sums shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. ARTICLE 6 ESTABLISH, AMEND AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E½ and Chapter 110 of the Code of the Town of Lexington, to continue or amend existing revolving funds; to amend said Chapter 110 to establish new revolving funds; to determine whether the maximum amounts that may be expended from such new and existing revolving fund accounts in FY2025 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E½ must be approved annually by Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds, and expenditures may be made from the revolving fund without further appropriation. This article will make amendments to the revolving funds and spending limits approved at the 2024 Annual Town Meeting. ARTICLE 7 APPROPRIATE DESIGN FUNDS- HARRINGTON ATHLETIC FIELDS To see if the Town will vote to appropriate a sum of money for survey, design, and engineering services for construction of Athletic fields at the Harrington School, and all costs incidental or related thereto; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds 2 and the Community Preservation Fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $100,000 DESCRIPTION: This is a funding request is for schematic design services for future construction of the Harrington fields which is anticipated to be a FY2026 Capital Request. ARTICLE 8 DELAY MASSACHUSETTS SCHOOL BUILDING AUTHORITY (MSBA) FILING RESOLUTION (Citizen Petition) To see if the town will vote a non binding resolution to delay the MSBA filing and request a two part funding for Lexington's High School building project due to uncertain future enrollment from new housing as result of the recent MBTA multi family rezoning. (Inserted by Peter Kelley and 99 other registered voters) DESCRIPTION: This resolution seeks Town Meeting support to delay the filing to MSBA for the Lexington High School construction project from its current schedule. ARTICLE 9 RESOLUTION-DESIGN PROCESS OF CREMATORY AT WESTVIEW CEMETERY (Citizen Petition) To see if the Town will vote to adopt a resolution to begin the design process of a crematory at Westview Cemetery; or act in any other manner in relation thereto. (Inserted by Anil Ahuja and at least 99 registered voters) DESCRIPTION: This request is for a vote of town meeting to request for a vote of town meeting to indicate to staff to include a design appropriation in the 2025 Annual Town Meeting. And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 7th day of October, 2024. Douglas M. Lucente, Chair Joseph N. Pato Select Board of Suzanne E. Barry Lexington Jill I. Hai Mark D. Sandeen A true copy, Attest: Constable of Lexington 3 Town of Lexington MODERATOR DEBORAH BROWN September 16, 2024 DELIVERED BY EMAIL Dear Select Board Members, Pursuant to Massachusetts Section 26 of Chapter 22 of the Acts of 2022, as amended by Section 47 of Chapter 2 of the Acts of 2023, I request approval to conduct the Fall 2024 Special Town Meeting as a hybrid meeting. I propose to use a combination of: (1) the Zoom videoconferencing platform, (2) the online voting tool developed by Select Board member Joe Pato, and (3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. I certify that all components of the system described above have been fully tested and utilized successfully for prior Town Meetings, and I am satisfied that this system enables our meetings to be conducted in substantially the same manner whether a member is participating in person or remotely. I certify that the system for those opting for remote participation (i) allows the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii) provides the ability to determine whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member, town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate in-person or through the submission of statements for or against a motion; and (ix) provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington’s Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 617-512-7901 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 SELECT BOARD Five members, elected by the voters at-large to overlapping 3-year terms: Douglas M. Lucente, Chair, Jill Hai, Vice-Chair, Joseph N. Pato, Suzanne E. Barry, and Mark D. Sandeen. Five members, elected by the voters at-large to overlapping 3-year terms: Joseph N. Pato, Chair, Suzanne E. Barry, Vice-Chair, Jill I. Hai, Douglas M. Lucente, and Mark D. Sandeen. In March 2024, Ms. Hai was re-elected to three-year terms. At their annual reorganization after the conclusion of Town Meeting in April, the Board appointed Mr. Lucente Chair and Ms. Hai Vice- Chair. FY2024 was a productive year for the Select Board, marked by progress in housing, infrastructure, and sustainability. The completion of the Battle Green Streetscape Project enhanced the accessibility and appeal of Lexington’s historic center, while the Town welcomed new businesses to the Center and East Lexington, enriching the local economy and community spaces. The Select Board took significant strides in environmental sustainability, completing the new solar-ready Police Station and advancing plans for additional solar energy projects expected to be completed by Spring 2025. These efforts align with the Town’s long-term net-zero emissions goals and continue to build Lexington’s reputation as a leader in sustainable development. On housing, the Select Board established the Affordable Housing Trust and moved forward with development plans on Town-owned property to address local housing needs. Lexington’s early adoption of state-mandated MBTA zoning requirements set a precedent for inclusive and diverse housing options. Fiscal and planning efforts focused on the Lexington High School Building Project, anticipated to be the largest capital project in the Town’s history. The Board is working closely with the Massachusetts School Building Authority (MSBA) through an ongoing Feasibility Study. Final design and funding decisions are expected in the next fiscal year. The Board also took action to address community concerns about the proposed Hanscom Field expansion, working with neighboring towns to advocate against increased noise and environmental impacts. Through careful planning, leveraging state and federal funds, and prioritizing community engagement, the Select Board remains committed to ensuring balanced growth and sustainability as the Town prepares for its 250th anniversary in 2025. Many of these initiatives are detailed further in the sections below. The Select Board remains dedicated to fostering a vibrant, inclusive, and sustainable community. FY 2024 was a testament to our collective resilience and commitment to proactive governance. We look forward to continuing our work with residents, businesses, and community organizations to make Lexington an even better place to live, work, and thrive. Select Board Priorities for American Rescue Plan Act (ARPA) Spending The Town of Lexington was allocated a total of $ 9,903,381 in American Recue Act Funding (ARPA), aimed at addressing the impacts of the COVID-19 pandemic and fostering recovery across critical sectors. As of June 30, 2024, the Select Board has approved spending totaling $ 9,378,551 The funds have been allocated to the following initiative areas: Economic Stimulus & Resiliency: The largest portion, approximately 36% of the funds or $3,331,261 was earmarked to support our local economy, including bolstering the cultural sector, aiding small businesses, enhancing community events, updating digital platforms, improving public spaces, and fostering bikeway mobility and engagement. Public Health & Safety: With 27% of the funding or $2,515487, this area focused on bolstering the town's health department, public safety, mental health measures and training in response to the pandemic. Housing: 15% of the funds or $1,440,545 were allocated to address housing needs, ensuring support for those affected by the pandemic in securing stable housing. Pandemic Response: 13% of the funds or $1,370,986 were directly used for pandemic-related expenditures, including testing, vaccination programs, other immediate health needs and technology upgrades. PIRs (Program Improvement Requests): 6% of the funds or $540,204 have been utilized for enhancing the Food Waste Program, acquiring a new electric vehicle for the Health Department, and formulating an ADA Town Building Self Evaluation and Transition Plan. Food Insecurity: A smaller, yet crucial 2% of the funds or $180,068 addressed food insecurity, ensuring that residents affected by the pandemic have access to necessary resources. The Participatory Budgeting (PB) process implemented in the previous year, which actively engaged our citizens in the decision- making process, leading to impactful community projects. However, given the stipulation that all ARPA funds must be committed by December 31, 2024, the continuation of the PB process will not be feasible this calendar year. Further, it is important to note that, despite concerted efforts, the initiative to establish a Dog Park will not proceed due to the inability to identify a suitable location within the time frames for ARPA spending. We extend our gratitude to all residents who participated in the PB process, contributing valuable insights and demonstrating the strength of our community's collective vision. With an available balance of $524,830, the Select Board is dedicated to navigate the final phase of ARPA fund allocation and utilization. The Select Board remains committed to ensuring that these resources are deployed in a manner that maximizes benefits for our community, adhering to the guiding principles of transparency, equity, and strategic impact. Lexington High School Building Project Updating Lexington High School through renovation and addition or as a new build is likely to be the most ambitious and expensive project undertaken by the Town of Lexington. Planning for this project has been ongoing for years leading to the 2017 LHS Visioning process, the 2019 LPS Strategic Plan and the creation of the Master Planning Advisory Committee during the 2018-2019 year. In 2022 Lexington was invited into the Massachusetts School Building Authority (MSBA) program beginning the current process for the project. As required by the MSBA, The School Building Committee (SBC) was appointed to oversee and facilitate the project. Progress and Milestones : Significant FY24 Milestones: Winter 2022, Completion of Module 1: Eligibility – The MSBA determined that the district was eligible to proceed with developing a project and set the enrollment capacity for the project to be 2395 students. Fall 2023, Completion of Module 2: Formation of Team – Owner’s Project Manager – this firm provides project management guidance to o Lexington throughout the life of the project and shepherds the project through the MSBA process. The MSBA accepted Lexington’s recommendation to hire Dore and Whittier. Design Team – this is the architecture firm that develops the design for the o project. SMMA was hired having been the top finalist as determined by the MSBA selection panel. Ongoing, Module 3: Feasibility Study – in which the MSBA and Lexington stakeholders will determine if a new high school is warranted or if a combination of new and renovated spaces is the best path forward. The design team held 5 community outreach sessions, numerous focus group meetings and developed 18 project concepts that satisfy the educational program as presented to the MSBA. In the spring of 2024, the School Building Committee reduced this set to 5. Three of the concepts are new construction on existing fields. One concept is a partial renovation with a substantial addition on the current area of the high school. One concept is an all-new phased in-place construction project replacing the old high school. Looking forward, the SBC expects to select a single concept in November of 2024. This concept will be submitted to the MSBA and if accepted will be the subject of detailed designs. Financial Planning : 2024 Annual Town Meeting appropriated $10M for design funds for the project via article 26. The next major funding action by Town Meeting is expected to occur at a Special Town Meeting near the end of 2025 followed by a town-wide debt exclusion vote. The Town established the Capital Stabilization Fund (CSF) almost a decade ago anticipating the needs of large capital projects like the high school. A policy revision in Fall 2021 allocated new levy growth from specified commercial and industrial development to the CSF, rather than that growth becoming part of general revenue. The CSF plays a crucial role in our fiscal strategy and this dedicated income stream is planned to be allocated to offset a portion of the debt service for the high school project. Challenges and Solutions : Cost: For the past decade, the Town anticipated that this project would cost between $350M and $500M. Preliminary ballpark estimates developed by professional estimating firms, however, place the cost at more than $600M. The estimators have taken the experience of other Massachusetts high school building projects and added Covid-era construction inflation to develop these projections. Actual costs won’t be known until the design is complete and construction bids have been submitted. Enrollment Size: The MSBA authorized an enrollment target of 2395 students. This level was increased from their initial target based on the likely effects of changes to zoning in response to the MBTA Communities Act. Nonetheless, there is concern that the community may grow larger than projected and that space will be insufficient. The designers are including expansion plans in their proposals and the SBC is considering including central administration space in the initial facility designed to be easily converted to classrooms if needed. Note that the cost of necessary repairs at the old Harrington School is roughly comparable to the cost of new space at LHS. Athletic Programs: Some disruption to academic and municipal athletic programs is anticipated. Some concepts involve relocating playing fields to the general area of the existing high school if a new building is built on existing fields. In-place concepts, new and renovation/addition, also disrupt some fields during construction to host temporary classrooms and/or construction lay-down areas. Creation of new fields replacing the old Harrington School (currently central administration) is being explored to mitigate some of the disruption during construction but are not included in current cost projections. Additional mitigation measures are being explored. Field House and Aquatics: Some members of the community seek a new significantly larger field house. Others seek the addition of an indoor pool facility. The MSBA does not allow new field houses or pools to be included in a project. They do allow renovations to existing field houses. Community discussions are ongoing to see if or how these projects should be factored into the high school project. Detailed information about the project is publicly available at: https://lhsproject.lexingtonma.org The current expected timeline for the LHS Project is illustrated below. Occupancy in the new or renovated facility is expected at the end of this decade or early in the next. Economic Development and Commercial Initiatives In the past fiscal year, the Select Board has been working to support initiatives which stimulate economic development and commercial expansion within the town, revitalize the downtown area and support activation in East Lexington. Among the key strategies has been the formation of strong partnerships with local business associations and individual businesses including through the Select Board’s advisory committees, the Economic Development Advisory Committee and the Center Committee. Additionally, the Select Board Chair and Vice Chair continue to participate in the Quarterly Roundtable discussions organized by the Economic Development Department. These meetings involve the Town Manager, two Select Board Members, the Assistant Town Manager for Development, and Economic Development staff. Business owners from various parts of the town, including the Center and East Lexington, participate in these discussions to provide direct feedback on issues they face in opening, operating and sustaining their businesses. This collaborative approach has allowed the Board to understand unique challenges faced by local businesses. In November 2023, the Select Board engaged Mullin Associates and Fuss and O’Neill to conduct a community charette on our collective vision and opportunities for the Center. Approximately 150 residents participated over two days of workshops to create guidance and incentives toward the future of a vibrant, prosperous, walkable center. The report - “Lexington Center: The Journey Forward”. (https://lexingtonma.gov/DocumentCenter/View/11364/Center-Charrette-Report?bidId=) is available on the Select Board webpage. The Battle Green Streetscape project was completed during FY24. Aimed at enhancing pedestrian and traffic safety, this initiative also serves to support . Several new connectivity and accessibility proposals, compliant with the zoning changes introduced via the MBTA Zoning initiative were also introduced. Welcoming new businesses continues to be a focus of the Board. In FY24 we welcomed three delicious new small businesses to Lexington Center, Nouve Bakery, Galaray House and Revival Café, as well as two new life science facilities, Novo Nordisk and Nikon. These new businesses not only diversify the local economy and provide jobs and new gathering spots for the community, but also add to the town's tax revenue. The new state designation of our cultural district, which spans Mass Ave from Hastings Park to Pleasant Street, is poised to become a focal point for both cultural and economic growth. Preparations for the 250th anniversary of the historic Battle of Lexington in 2025 are in full swing, with kick off events held on April 19, 2024 attracting state leaders and international diplomats. Financial investments have also been strategically employed to stimulate growth. Among these were funding for the new tourism website (https://www.tourlexington.us), the continuing Senior Parking Pass Program, which offers free parking to residents aged 65 or older, and the allocation of ARPA funds for arts and culture events. Additionally, ARPA funds have been deployed to improve connectivity between East Lexington businesses and the Minuteman Bikeway. The Select Board aims to achieve a harmonious balance between economic growth and community values; providing access to a diverse mix of businesses and fostering quality job opportunities across various industries. Furthermore, the Board is committed to a balanced tax policy that benefits both residents and businesses. Through these multifaceted initiatives, Lexington is striving for a future that is economically robust and inclusively sustainable. Housing Initiatives and Updates Affordable Housing Trust: One of the Select Board’s goals is “increasing diversity of housing stock”. Town Meeting adopted a motion creating the Lexington Affordable Housing Trust (AHT) via Article 12 of STM 22-3. The AHT was officially established February 28, 2023. Annual Town Meeting 2023 and 2024 approved funding of the AHT. This funding allows the AHT to operate nimbly in the market, independent of Town Meeting timing. The Affordable Housing Trust approved funding requests from LexHAB to enable the purchase of two properties, a 2-family home and a single-family home with 4 bedrooms. Annual Town Meeting 2024 also approved Article 33 by a vote of 171-5-5, authorizing the Select Board to seek affordable housing on Town owned property located on Lowell Street near the northeast corner of North Street. The Select Board has issued an RFP seeking proposals to build 100% affordable housing on this parcel. Zoning Initiatives: State law adopted in 2021 requires all communities served by, or adjacent to communities served by, the MBTA to adopt zoning which permits by-right, multi-family housing under specific conditions. The Planning Board brought Article 34 to Annual Town Meeting 2023 to fulfill these requirements and further the goals of the Town’s 2022 Comprehensive Plan. Article 34 created several overlay districts with inclusionary housing requirements. Lexington was widely recognized as the first community to fulfill this state obligation. Town staff are currently reviewing multi-family housing proposals in several MBTA zoning overlay districts that are expected to produce over 1,000 units of multi-family housing and over 150 units of inclusionary housing. Annual Town Meeting 2023 approved Article 33 Special Residential Development (SRD) by a vote of 146-22-10. The Planning Board has approved the first SRD proposal for 10 units of housing, including one unit of inclusionary housing. Lexington Housing Assistance Board (LexHAB): The Select Board allocated $1,455,000 in American Rescue Plan Act (ARPA) funds for the acquisition of one- and two-family houses by LexHAB, which are now included in the Subsidized Housing Index. Special Town Meeting 2022-3 overwhelmingly approved Article 14, authorizing the Select Board to submit a Home Rule Petition to amend LexHAB’s enabling legislation, to make it an independent non-profit entity. Upon approval, LexHAB will become a 501(c)(3) organization, able to use a combination of state, federal, and private funding sources to acquire or develop affordable housing. This will enhance LexHAB’s ability to create affordable housing more efficiently and cost effectively. The Select Board approved changes to the proposed Home Rule legislation requested by the legislature. Final legislative approval is expected before the end of 2024. Update on Municipal Building Projects The Board continues to address the issues of maintaining and improving our municipal and school building infrastructure. The following section includes the current status of Lexington’s building projects. The Lexington High School building project is covered in the Lexington High School section of this report. Westview Cemetery Administration Building Start Date: April 2022 Project Completion Date: August 2023 Project Budget: $4,330,000 Funding: ATM 2017-Article 12o /ATM 2020-Article 16k / STM 2021-1 Article 7 Design funding of $270,000 was approved at ATM 2017. Initial construction funding of $3,290,000 was approved at ATM 2020 under Article 16k. Initial construction bids came in higher than the appropriated amount. As a result, Town Meeting approved additional construction funding of $770,000 at STM 2021-1 under Article 7. Construction was completed and the building occupied in August 2023. A solar energy system will be installed in compliance with the Town’s net zero renewable energy policy goals. Construction of the solar energy system is expected to be completed during the summer of 2024. Lexington Police Station Appropriation: $34,517,622 Status: Police Station Construction Complete – June 2024 Funding: ATM 2018-Article 14 / STM 2021-1 Article 5a /STM 2022-1 Article 2 / ATM 2023 Article 16(i) The Lexington Police Department moved into the new Police Station facility in June 2024. The Police Station building was constructed in compliance with the Town’s Integrated Building Design and Construction Policy and is solar ready in furtherance of the Town’s net zero renewable energy policy goals. The building design and construction includes all of the infrastructure necessary to support onsite solar energy generation and energy storage systems designed to reduce the building’s energy consumption and peak demand charges, while improving the building’s resilience in the event of power outages and enabling high speed electric vehicle charging for the Police Department’s electric vehicle fleet. The solar energy canopy design went through an extensive public process to secure approval of a design that is appropriate for the neighborhood and meets the requirements of the Historic Districts Commission. The Historic Districts Commission issued a Certificate of Appropriateness in November 2023. Construction of the footings for the canopy has been completed. Solar canopy and energy storage system construction is expected to be completed by the Spring of 2025. Old Reservoir Bath House Renovation Appropriation: $620,000 Status: Construction start July 2024 Funding: ATM 2019-Article 14g Initial bids received by the Town exceeded the appropriation approved by Town Meeting. The Department of Public Facilities and Recreation Department staff proposed design changes and procurement alternatives to lower overall project costs. DPF went out to bid a second time and the bids received were still well above the appropriation approved by Town Meeting. The Department of Public Facilities is now working with the Lexington Recreation Department to renovate the inside of the building to meet the Americans with Disabilities Act (ADA) requirements as recommended in the 2017 ADA study. A new standing seam metal roof has been installed and site work is underway. The renovations will include a check-in counter and program space, as well as three ADA rest rooms with hands free fixtures. ADA parking will also be added at the head of the trail to the building. The renovation project will also address accessibility issues in the Bathhouse, as well as the walkway and surrounding site. The project is due to be completed by the end of 2024. Center Bathroom & Maintenance Building Renovation Appropriation: $780,000 Project Completion Date: November 2023 Funding: ATM 2020-Article 16b / ATM 2021-Article 16g / ATM 2022-Article 10e 2020 Annual Town Meeting approved $100,000 in design and engineering funds for the Center Bathroom building renovation project. At the 2021 Annual Town Meeting, the Select Board recommended indefinite postponement of warrant article 16g requesting $915,000 in construction funding to a future Town Meeting. 2022 ATM approved warrant article 10e requesting $680,000 in funding for this project. The renovation of the Center Bathroom facility was completed in November 2023 with an official opening and ribbon cutting ceremony in April 2024. Town of Lexington Abby McCabe, Planning P LANNING Director Sheila Page, Assistant Planning D EPARTMENT Director 1625 Massachusetts Avenue Meghan McNamara, Planner Lexington, MA 02420 Kiruthika Ramakrishnan, Tel (781) 698-4560 Planning Coordinator planning@lexingtonma.gov www.lexingtonma.gov/planning TO: Kelly Axtell, Interim Town Manager Doug Lucente, Chair Select Board Members Kim Katzenback, Executive Clerk for Select Board FROM: Abby McCabe, Planning Director Carol Kowalski, Assistant Town Manager for Development DATE: October 2, 2024 SUBJECT: Future Development Projects __________________________________________________________________________________ Requested Action. This is an update to keep the Board informed of new development expected over the next few years. No specific action is required. Background. The Planning Board has received several new development applications. The recent uptick of applications is a result of zoning amendments made at the 2023 Annual Town Meeting relative to special residential developments and the creation of the village and multi-family overlay districts. Below is a list of projects that have been submitted to the Planning Board to date. ADDRESS STATUS PROJECT/TOTAL DWELLING UNITS 5-7 Piper Rd. Public hearing 46 units closed, 10/9/24 28 Meriam Approved 8 new units St./Edgewood 89 Bedford St. Approved 30 new units 231 Bedford St. Pending site plan 7 new units review with proposed Planning Board 331 Concord Ave. Pending site plan 200 new units review with proposed Planning Board 17 Hartwell Ave. Pending site plan 312 new units review with proposed Planning Board 217, 229, 233, Pending site plan 46 new units 241 review with proposed Massachusetts Planning Board Ave. 3-4-5 Militia Dr. Pending site plan 322 new units review with the proposed Planning Board 971 Total Housing Units 12-18 Hartwell Approved, New 272,800 SF lab Ave. construction has building not begun 95 Hayden Ave. Approved, New 757,261 SF lab construction has building not begun 91 Hartwell Ave. Approved, not New 93,250 SF lab constructed building Timing. Permitting typically takes one year (Planning Board, Conservation, Building, other state and local permits). Construction generally takes 2-3 years. We may begin seeing occupancy in late 2026 and 2027. Potential Development Impacts. Staff in the Land Use, Housing, and Development department are experiencing a high volume of applications. Developments of this scale involve the full LUHD staff from planning to conservation to building and zoning to help support the Planning Board. We also work closely with engineering and public safety departments. Larger developments are performing water and sewer capacity analysis to determine adequacy. During the hearings we are receiving requests for road improvements and enhanced public transportation. We have been notifying the school department of applications and keeping them informed of the number of units and bedrooms.