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HomeMy WebLinkAbout2022-11-01-STM3-min November 1,2022 Special Town Meeting 03 The 2022 Special Town Meeting#3 was held remotely as voted by order of the Select Board and request of the Moderator.The meeting was held remotely using a virtual platform that was developed by Select Board member Joseph Pato.Electronic voting was conducted via the platform and results were reported on the Town's website as per usual practice.Town Meeting Members also participated from Baffin Hall using the same voting platform. Moderator Deborah Brown noted that it was 7:30 p.m.and she would be checking in with Tim Goncalvez,Director of Innovation and Technology,in Baffin Hall to see if any Members were still checking in from that location. Mr.Goncalvez noted that they were set on that end and the Moderator called the meeting to order. 7:31 p.m. Town Clerk,Mary de Alderete,read the Warrant for the Special Town Meeting#3 until waived.The Town Clerk then read the Constable's Return of Service. 7:33 p.m. The Moderator warmly welcomed all Town Meeting Members as well as members of Town and school staff,board and committees,along with residents and other visitors watching on cable tv or livestreaming on LexMedia.org. She noted that the remote meeting utilized virtual meeting technology,including Zoom and a web-based portal, and that participants were logged in from a variety of remote locations,including their homes,the Select Board Office,and for the first time,approximately 2 dozen Members in Baffin Hall. The Moderator then explained how members of the public could provide statements for or against an Article either online,or by coming to the area in the balcony of Battin Hall reserved for the public. She then asked that Sean Dugan,Director of Communications,check the public microphone to ensure it was working properly. As everything was in order,she then recognized Mr.Goncalvez,Director of Innovation and Technology,who was managing the setup in Baffin Hall,to offer a few comments on how logistics would work in that space and how to get in touch with technical support,if needed. The Moderator noted that Deputy Moderator,Barry Orenstein,was also participating remotely from Baffin Hall and would alert to her any issues that might arise. 7:37 p.m. The Moderator stated that she would now go over some points of parliamentary procedure,and asked that while she did so,Town Meeting Members register their attendance using the electronic voting system. At the conclusion of this procedure,she stated that a quorum had been reached(173)and asked Ms.Hai for a Motion to approve Remote Technology. 7:43 p.m. Ms.Hai, Select Board Chair,moved that the Town Meeting Members approve the use of Remote Technology during the Special Town Meeting 2022-3. The Moderator noted that this would be a voice vote and to raise an objection,if opposed. With only one objection(Dawn McKenna,Pct. 6)the motion carries. 7:45 p.m. The Moderator opened the Meeting under Article 1. ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES b.Reports of the Appropriation Committee MOTION: Mr.Parker moves that the reports and addendum of the Appropriation Committee be received and placed on file. The Moderator noted that unless there were objections,she would consider this a voice vote. As there were no objections the motion carries. Mr.Parker noted that the Appropriation Committee released its main report on October 25th and since that time the Town had substantially updated its new growth estimate,which would support an increased appropriation into the Capital Stabilization fund under Article 3. The Committee had approved a two-page addendum that was now added in their report which included the updated appropriation as well as well as clarifies a discussion on new growth revenue for FY2022 and corrected some minor errors,but did not contain changes to the Committee's recommendations to Town Meeting. Mr.Parker noted that due to the tight schedule for Town Meeting,the Committee November 1,2022 Special Town Meetings(2022-3),cont. was unable to meet to vote until their meeting earlier this same evening,but that the results were published on the website for Members to read before voting on Article 3. c.Reports of the Capital Expenditures Committee MOTION: Mr. Lamb moves that the reports and update of the Capital Expenditures Committee be received and placed on file. As there were no objections the motion carries. Mr. Lamb noted that his comments were pretty identical to the Appropriation Committee in that the CEC had approved a report this evening,but did not do anything with new growth as it was not in their purview. f.Reports of the Planning Board MOTION: Mr.Peters moves that the reports of the Planning Board be received and placed on file. As there were no objections the motion carries. Mr.Peters said that the Board adopted the Comprehensive Plan(also known as Lexington Next)at their September 28ffi meeting. He noted that while the Board considered the Plan to be a living document,the adoption represented the completion of a tremendous amount of work and many long hours from the Comprehensive Plan Advisory Committee,CPC,Planning staff,community members,stakeholders,and the Planning Board for producing the Plan and without the assistance of so many would not have been possible. Mr.Peters gave special thanks to the members of the CPAC, some who had been working on the Plan for 5 years,and the Co-Chairs, Sarah Felton and Chris Herbert.Mr.Peters then acknowledged Carol Kowalski,Assistant Town Manager for Development, and Planner Molly Belanger,who he noted had been involved in the Plan for a very long time. He also acknowledged Director of Planning,Abby McCabe who had joined them in the Spring to help drive the Plan over the finish line. He noted that the Plan was available on the Town website and encouraged Town Meeting Members to review it. 7:50 p.m. The Moderator asked for a procedural motion to take up Articles 5, 10, 12,and 8. Ms.Hai moved to take up Articles 5, 10, 12, 8. As there were no objections,the Moderator declared the Meeting open under Article 5. ARTICLE 5 APPROPRIATE FOR CENTER PLAYGROUND BATHROOMS AND MAINTENANCE BUILDING. MOTION: Ms. Fenollosa moves that That the Town hear and act on the supplemental report of the Community Preservation Committee on the FY2023 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee,take the following actions: That the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That$400,000 of supplemental funding be appropriated for the renovation of the Center Playground Bathrooms and Maintenance Building,and all incidental costs related thereto,to supplement the funding approved under Article l0e of the 2022 Annual Town Meeting,and that to meet this appropriation$400,000 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. Mike Cronin,Director of Public Facilities,gave an overview of the history of the Article. The Moderator asked that a Motion be made to receive the CPC report. a. Report of the Community Preservation Committee MOTION: Ms.Fenollosa moved hat the report of the Community Preservation Committee be received and placed on file. As there were no objections the motion carries. Marilyn Fenollosa,Chair of the Community Preservation Committee,noted their unanimous support of the Article. Suzanne Barry, Select Board Member,stated the unanimous support of the Select Board. November 1,2022 Special Town Meetings(2022-3),cont. Charles Lamb,Capital Expenditures Committee Chair,stated the unanimous support of the Capital Expenditures Committee. Sanjay Padaki,Member of the Appropriations Committee,stated that the Appropriations Committee unanimously recommended approval of the Article. 7:56 p.m. The Moderator opened the floor for discussion and debate. Dawn McKenna,Pct. 6,asked that the Recreation Committee explain their plan for athletic storage. Melissa Battite,Recreation Director,noted that this would be addressed as they approached the 2023 calendar year. She stated that,along with the DPW,they sponsored a"clean out"where all organizations had cleaned out their existing storage containers to check what was actually needed. She further noted that with the renovation of the building,the DPW maintenance container was expected to be gone,which reduced the containers by one,and it was hoped that the remainders would be consolidated. Ms. McKenna asked whether the could expect a warrant article at the 2023 Annual Town Meeting to address this issue. Ms.Battite stated that there was nothing in the current plan to ask for additional storage for a permanent storage,and that they were looking for more eye-friendly efficient storage and would be taking into account decisions made for renovation at the high school so that the athletic department could potentially move their equipment to a place such as the field house. Ms.McKenna asked whether that meant that Recreation had enough funds in their budget to cover temporary storage. Ms.Battite noted that the current storage was through the organizations,themselves,and so they were not funded by the Recreation Department, they just provide the location. The LABBB Collaborative Program,251 Waltham St.,submitted a statement of full support of the proposed renovation of the restrooms. Members continued to debate the Article. 8:26 p.m. Philip Hamilton,Pct. 7,called the question Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 140 21 14 MOTION CARRIES 8:31 p.m. As Ms.Fenollosa had no final comments,the Moderator opened voting on Article 5. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 5-Appropriate for Center Playground Bathrooms Adopted by a vote of: Yes No Abstain 157 6 11 MOTION CARRIES 8:34 p.m. The Moderator opened the Meeting on Article 10. ARTICLE 10 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS (TOWN POOL DOMESTIC HOT WATER HEATER) MOTION:Ms.Barry moves that$60,000 be appropriated for the purchase and installation of a non- fossil fuel,solar-powered domestic water heater and associated components,at the Irving H.Mabee Town Pool Complex;including demolition of the existing system and all other costs incidental and related thereto,and that to meet this appropriation$60,000 be raised in the tax levy. Michael Cronin,Director of Public Facilities,gave an overview of the history of the Article. November 1,2022 Special Town Meetings(2022-3),cont. Suzanne Barry, Select Board Member,stated the unanimous support of the Select Board for the Article. Charles Lamb,Capital Expenditures Committee Chair,stated the unanimous support of the Capital Expenditures Committee. Anil Ahuja,Member of the Appropriations Committee,stated that the Appropriations Committee unanimously recommended approval of the Article on a vote of 8-0. 8:39 p.m. The Moderator opened the floor for discussion and debate. 8:49 p.m. The Moderator opened voting on Article 10. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 10-Appropriate for Public Facilities Capital Projects(Town Pool Domestic Hot Water Heater) Adopted by a vote of: Yes No Abstain 175 1 1 MOTION CARRIES 8:53 p.m. The Moderator opened the Meeting on Article 12 and noted that the most recent motion prior to this evening was from October 28ffi and she had been informed that there were a few scrivener's error and would explain what had changed since the posting was on the website. Mr. Sandeen, Select Board Member,asked that the screen show Section 132-6,section A that the word"home"had been omitted in the sentence"single family home"as well as the word"by"in"by the Assessors Office". The Moderator noted that these changes had been incorporated to what was being shown on the screen in the updated version of the Motion. ARTICLE 12 CREATION OF HOUSING TRUST MOTION:Mr. Sandeen moves, 1. That the Town establish a municipal affordable housing trust pursuant to Massachusetts General Laws Chapter 44, Section 55C;and (a) That the Town establish a municipal affordable housing trust pursuant to Massachusetts General Laws Chapter 44,Section 55C;and (b) That the Code of the Town of Lexington be amended by adding a new Chapter 132,as follows Chapter 21 AFFORDABLE HOUSING TRUST BYLAW § 132-1.MUNICIPAL AFFORDABLE HOUSING TRUST There shall be in the Town of Lexington an Affordable Housing Trust created pursuant to the authority set forth in Massachusetts General Laws c. 44, § 55C and Article 12 of the 2022 Fall Special Town Meeting. § 132-2.NAME of the TRUST The Trust shall be called the"Lexington Affordable Housing Trust" (the"Trust"). November 1,2022 Special Town Meetings(2022-3),cont. § 132-3.PURPOSE The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of Lexington for the benefit of low and moderate income households and for the funding of community housing,as defined in G.L. c. 44B(the"Community Preservation Act"). § 132-4.TRUSTEES There shall be a Board of Trustees(the"Board"),which shall include no less than five and no more than nine Trustees,including one member of the Select Board,each of whom,to the extent possible, shall have a background or interest in affordable housing,including a resident with a low-or moderate- income, and who, together, shall have a background in finance, law, real estate or real estate development. c) A majority of the Board shall constitute a quorum. d) All Trustees shall be appointed by the Select Board. e) Trustees shall serve for a term of two(2)years,except that one less than a majority of the initial Trustee appointments shall be for a term of one(1)year.Trustees may be reappointed on terms to be detennined by the Trust. f) Only persons who are residents of Lexington shall be appointed as a Trustee.Any Trustee who ceases to be a resident of Lexington shall cease to be a Trustee hereunder within three months thereafter and shall promptly provide a written notification of change in residence to the Board and to the Town Clerk; provided, however that if a person fails to give such notice, their participation or vote on a matter shall not void the Board's decisions with respect to that matter. g) A Trustee may be removed by the Select Board for cause. Any Trustee may also resign by written instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk.Vacancies shall be filled by the Select Board for the remainder of an unexpired term. a) If any Trustee is absent from five(5)consecutive,regularly-scheduled meetings of the Trust or all meetings over any six(6)month period,except in the case of illness,such Trustee's position shall be deemed vacant and shall be filled with a new appointment as set forth above. i) The Trustees shall elect officers annually consisting of a Chair, Vice Chair and Clerk. The Trustees may establish subcommittees or ad hoc related committees to carry out the purpose of the Trust. j) A majority of Trustees then serving may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. k) No Trustee shall be liable for the acts, negligence, or defaults of any other Trustee or any employee,agent,or representative of the Trustees selected with reasonable care,not for errors in judgment,nor mistakes of law or facts made in good faith,nor in reliance in good faith on advice of counsel,nor any other acts or omissions in good faith. 1) Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town of Lexington. § 132-5.MEETINGS OF THE TRUST November 1,2022 Special Town Meetings(2022-3),cont. m) The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. n) The Trust is a governmental body for purposes of G.L. c. 30A, §§ 18-25 (the"Open Meeting Law").Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law,as may be amended from time to time,including provisions regarding remote participation. o) The Clerk shall prepare minutes of meetings of the Trust and shall maintain records thereof.A quorum at any meeting shall be a simple majority of the Trustees then serving. § 132-6.POWERS OF THE TRUSTEES p) The powers of the Board, all of which shall be carried out in furtherance of the purposes set forth herein, shall include the following powers, except that the Board shall require prior approval of the Select Board to make purchases of real estate that exceed the average sale price of a single-family home in the Town of Lexington as determined annually by the Assessor's office. q) to accept and receive real property,personal property or money, by gift, grant, contribution, devise or transfer from any person,firm,corporation or other public or private entity,including but not limited to money,grants of funds or other property tendered to the Trust in connection with any bylaw or any general or special law or any other source,including money appropriated pursuant to G.L. c. 44B,provided,however,that any such money received from chapter 44B shall be used in accordance with the provisions of G.L. c.44,§ 55C(1), r) to purchase and retain real or personal property,including without restriction investments that yield a high rate of income or no income, s) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to Trust property as the Board deems advisable notwithstanding the length of any such lease or contract, t) to execute,acknowledge and deliver deeds,assignments,transfers,pledges,leases,covenants, contracts, promissory notes, releases, grant agreements and other instruments sealed or unsealed,necessary,proper or incident to any transaction in which the Board engages for the accomplishment of the purposes of the Trust, 5. to employ advisors and agents,such as accountants,appraisers and lawyers as the Board deems necessary; 6. to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the Board deems advisable; P 7. to apportion receipts and charges between income and principal as the Board deems advisable, to amortize premiums and establish sinking funds for such purpose,and to create reserves for depreciation depletion or otherwise; 8. to participate in any reorganization,recapitalization,merger or similar transaction,and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property,by or between any corporation and any other corporation or person, 9. to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the Board may deem proper and to pay,out of Trust property,such portion of expenses and compensation of such committee as the Board may deem necessary and appropriate; 10.to carry property for accounting purposes other than acquisition date values, November 1,2022 Special Town Meetings(2022-3),cont. 11.to borrow money on such terms and conditions and from such sources as the Board deems advisable, to mortgage and pledge Trust assets as collateral, but any mortgage or pledge of assets as collateral greater than the extent of the Trust's assets requires approval by a two-thirds vote of an Annual or Special Town Meeting; 12.to make distributions or divisions of principal in kind, 13.to compromise,attribute,defend,enforce,release, settle or otherwise adjust claims in favor or against the Trust,including claims for taxes,and to accept any property,either in total or partial satisfaction of any indebtedness or other obligation,and subject to the provisions of this Trust, to continue to hold the same for such period of time as the Board may deem appropriate; 14.to manage or improve real property;and to abandon any property which the Board determined not to be worth retaining; 15.to hold all or part of the Trust property uninvested for such purposes and for such time as the Board may deem appropriate; 16.to extend the time for payment of any obligation to the Trust, 17.to make recommendations on proposals or Town Meeting warrant articles which affect housing. 18.to develop policy goals and statements to serve as guidelines for the Trust,subject to approval by the Select Board and consistent with the Town's housing goals and plans as may be adopted and amended by the Select Board from time to time, 19.to exercise such additional powers consistent with the provisions of this bylaw and G.L. c. 44, §55C,as may be amended from time to time. 20.to compensate the Town for services provided to the Trust in connection with the Trust's activities, including but not limited to dedicated staff to Trustees, engineering support for project-specific activities, and other Town services, as such services are requested by the Trustees to the Town Manager and authorized by the Town Manager or designee; 21.to establish criteria and qualifications for recipients and expenditures in accordance with Trust's stated purposes, 22.to serve as a lottery and monitoring agent for affordable housing,and to accept compensation for providing such services into the Trust. B. Notwithstanding any general or special law to the contrary, all moneys paid to the Trust in accordance with any Town bylaw or regulation, or private contribution shall be paid directly into the Trust and need not be appropriated or accepted and approved into the Trust. General revenues appropriated into the Trust become Trust property and to be expended these funds need not be further appropriated.All moneys remaining in the Trust at the end of any fiscal year,whether or not expended by the Board within 1 year of the date they were appropriated into the trust,remain Trust property. § 132-7.TREASURER AS CUSTODIAN OF FUNDS A. The Town Treasurer shall be the custodian of the Trust's funds and shall maintain separate accounts and records for the Trust's funds. B. The Treasurer shall invest the funds in the manner authorized by G.L.C.44,§55(Public Funds on Deposit;Limitations;Investments,)§ 55A,(Liability of Depositor for Losses Due to Bankruptcy), and § 55B (Investment of Public Funds), as such laws may be amended or replaced. November 1,2022 Special Town Meetings(2022-3),cont. C. Any income or proceeds received from the investment of funds shall be credited to and become part of the Trust. D. Expenditures by the Trust shall be processed through the Town's payment warrant but shall be subject to the provisions of G.L. c. 44, § 55C. The Trust's approved annual budget,and any approved budget revisions,shall be submitted to the Select Board. E. As custodian,the Treasurer shall issue checks as directed by the Trustees.In accordance with G.L. c. 44, § 55C,the books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. Upon receipt of the audit by the Trustees, a copy shall be provided forthwith to the Select Board. F. The Trustees shall keep a record of its activities and at the close of every fiscal year, shall make a report thereof to the Select Board. The report shall include a description and source of funds received and expended and the type of affordable housing programs or properties assisted with the funding. § 132-8.MISCELLANEOUS A. The Trust is a public employer and the members of the Board are public employees for purposes of G.L. c. 258. B. Trustees are designated as public agents for purposes of the constitution of the Commonwealth. C. The Trust shall be considered a municipal agency and the Trustees shall be considered special municipal employees and shall be subject to the provisions of G.L. C. 268A. D. The Trust is exempt from G.L. c. 59 and c. 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any political subdivision thereof. E. The Trust is a Board of the Town for purposes of procurement under G.L. c. 30B and c. 40 § 15A,but agreements and conveyances between the Trust and agencies,Boards,commissions, authorities,departments and public instrumentalities of the Town of Lexington shall be exempt from G.L. c. 3013. §132-9.RECORDINGS;AMENDMENTS The Trustees are authorized to record a Declaration of Trust and a Certificate of Trustees for the Trust with the Middlesex South District Registry of Deeds and the Registered Land Division of the Land Court Registration Office. The Declaration of Trust may be amended from time to time except as to those provisions specifically required under G.L. c. 44, § 55C,by an instrument in writing signed by all of the Trustees then serving and approved at a meeting called for that purpose,and approved by the Select Board provided that in each case, a certificate of amendment shall be recorded with the Middlesex South District Registry of Deeds and,if necessary,the Registered Land Division of the Land Court. § 132-10.DURATION OF THE TRUST A. The Trust shall continue so long as authorized under the Laws of the Commonwealth of Massachusetts. Notwithstanding the foregoing, The Trust may be terminated by a majority vote of the Town Meeting in accordance with G.L. c.44, § 55C,provided that an instrument of termination together with a certified copy of the Town Meeting vote are duly recorded with the Middlesex South District Registry of Deeds and,if necessary, the Registered Land Division of the Land Court. November 1,2022 Special Town Meetings(2022-3),cont. B. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees,the net assets of the Trust shall be transferred to the Town and held by the Select Board for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Select Board,sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the Trust's assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded. § 132-11.RECORD TO BE CONCLUSIVE,CERTIFICATE AS TO FACTS Every contract,deed,mortgage,lease and other instrument executed by a majority of the Trustees then serving as appears from instruments or certificates recorded with the Registry of Deeds and Registered Land Division of the Land Court to be Trustees hereunder shall be conclusive evidence in favor of any person relying thereon or claiming thereunder,that at the time of the delivery thereof this Trust was in full force and effect and that the execution and delivery of such instrument was duly authorized by the Trustees except that instruments of amendment pursuant to Section 9 and an instrument of termination pursuant to Section 10 hereof shall be conclusive only if it appears that the delegations,amendments or termination have been executed by all of the Trustees then serving.Any person dealing with the Trust property or the Trustees may rely on a certificate signed by any person appearing from instruments or certificates so recorded to be a Trustee hereunder as to the identity of the then current serving Trustees or as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the Trustees or in any other manner germane to the affairs of the Trust. Gretchen Reisig,Vice Chair of the Affordable Housing Trust Study Committee,gave a presentation on the Article and noted the unanimous and enthusiastic support of the Committee for the Article. Mark Sandeen, Select Board Member,noted that increasing the availability of affordable housing was an explicit strategic Select Board goal and stated the Select Board unanimously supported passage of the Article. Charles Lamb,Capital Expenditures Committee Chair,stated that the Capital Expenditures Committee unanimously recommended approval of the Article. Eric Michelson,Member of the Appropriations Committee,stated that the Appropriations Committee unanimously recommended approval of the Article. Marilyn Fenollosa,Chair of the Community Preservation Committee,stated the unanimous support of the Article. Robert Peters,Planning Board Member,stated that the Planning Board unanimously recommended approval of the Article. 9:04 p.m. The Moderator opened the floor for discussion and debate. Robert Balaban,Pct. 5 questioned whether the Trust would have the ability to borrow money,and if so,why they would do so. Carolyn Kosnoff,Assistant Town Manager for Finance,stated that the Trust would have the ability to borrow funds,and expected that this would be a collateral transaction, similar to a mortgage and allow them to borrow to purchase property,which they would then gift/pass off to another entity,or pay for renovations,similar to what LexHab had the ability to do presently. Alan Levine,Pct. 8,noted that in the Motion,part B,is had a reference to a new Chapter 132,and directly underneath it was the wording"Chapter 21". Mina Makarious,Town Counsel,stated that this appeared to be a scrivener's error as both chapters had been available,and this was part of an old version. He asked that 21 be changed to 132. The Moderator noted that this would be changed on the Motion before them. The Motion was updated so that it read as follows: November 1,2022 Special Town Meetings(2022-3),cont. a) That the Code of the Town of Lexington be amended by adding a new Chapter 132,as follows, and that the Town Clerk be permitted to make edits to the Bylaw so that its numbering conforms to the format for the Code: 1 Chapter 132 AFFORDABLE HOUSING TRUST BYLAW 9:08 P.M. David Kanter,Pct. 7,asked what the threshold was for turning something over to the Select Board's authority. Mr. Sandeen noted that from the perspective of the Select Board,they were concerned with the purchase of property and deferred the question to Ms. Kowalski. Carol Kowalski,Assistant Manager for Development,said that a Housing Trust does not typically develop projects,although they had the power to,it was not a common practice for the Select Board to have a review role over a non- profit or for profit developer and there could be multiple subsidies from various entities such as a bank or other donors or lenders,which would make it cumbersome or awkward for the Select Board to be required to review the pro formas and be that involved in the economics of the development. She further noted that any of the recipients of the funding distributed from the housing trust would have some type of development agreement and it would have to adhere to all of the community preservation act requirements and there would be a permanent deed restriction on the affordable homes produced with the funds. 9:12 p.m. Dawn McKenna,Pct. 6,noted that the FAQ sheet that came with the Article there was mention of funding from private developers and questioned whether there would be a public process for bidding before the funds were allocated to a non-profit or for-profit organization. Mr.Makarious stated that if the project were being built by a public entity or by the Trust itself,it would have to the normal public procurement process. He further noted that in terms of grant awards to a private entity to develop the Trust does not need to go through that process,although sometimes was required with a CPA funded project it might need to be. Mr.Makarious said that there was often a grant agreement,or mortgage or loan,to secure the commitment. Ms.McKenna questioned the list of term limits for the Trustees. Mr.Makarious noted that it was a staggered system. Ms.McKenna asked if the property were purchased by the Trust, who the owner would be on the deed. Mr.Makarious stated that it be Town property at that point. Ms. McKenna asked if the Board would be paid rather than be a volunteer Board. Mr.Makarious noted that while that was allowed,the language in the section had to do with protective reorganization committee,which was a nuance in the Act,itself. Ms.McKenna asked that the difference in the terms"income"and "principal"were in 132-6"powers of the Trustee",section 7. Ms.Kosnoff noted that generally in regards of a Trust,there were two cases of the accounting—if the deposits were made from appropriation,it was considered principal balance and that fund would be invested and earn interest,which would be considered the income balance. She also noted that general the Trust identified how much of the principal and/or interest balance could be spent on specific items,and there was sometimes a requirement that principal balances be held and not spent,but did not believe it was the case with this fund,but was giving the power to the Board to decide. 9:19 P.M. Kenneth Shine,Pct.2,asked what would this effectively replace bringing individual funding requests to Town Meeting. Kathryn Roy,Chair of the Affordable Housing Trust Study Committee,stated that this were the case and that this was the point as often due to Town meeting schedules they missed out on properties due to CPA deadlines. Mr. Shine asked whether there were any limits on the amount of money that could be in the housing trust at any given time. Ms.Kosnoff said that she was not aware of any rules or regulations that limited the amount that could be accumulated into the Trust. Mr. Shine followed up by asking if there were estimates for how much income would be coming into the fund each year and what the anticipated average balance. Ms.Kosnoff stated that the average balance would be dependent upon funding sources but that CPC funds dedicated$700,000 a year to affordable housing, and that was a reasonable starting point. She mentioned that her understanding was that according to the Study Committee is that the Trust did not intend to hold and bank money but rather to put it to use,but that was up to the Board to decide. She further November 1,2022 Special Town Meetings(2022-3),cont. stated that in terms of income,it would depend on the principal,but that for the first few years it was intended to keep the funds liquid and not put in any investment vehicles that would be held for a long time,and likely be put in treasury equivalent type items or the Town's MMDT account and she did not expect that it would earn a large amount of interest. She stated that the Trust would have to follow municipal investment rules,which required very specific investment vehicles.Mr. Shine mentioned that there had been 9 potential sources of income and asked if there were estimates for those(ABPA,etc.). Ms.Kosnoff noted that for the near future,they received a steady amount from the Affordable Housing Capital Stabilization Fund which was$100,000 a year from Brookhaven,but did not have information on other sources. Ms.Roy said that she did not have further information on the other funds. 9:26 p.m. Kathryn Reynolds,Pct. 1,said that when they were speaking of affordable housing, whether it addressed more than low or moderate and whether there was an actual number. Ms.Kowalski noted that it was referring to an 80%of area median income and moderate income was 120%,so maximum income for family of 4 to qualify as low income was$112,150 for this area. She further stated that the State legislature made some amendments to the Community Preservation Act in expectation that many communities which had an Affordable Housing Trusts used their CPA funds as the primary source of funds to fund the Trust and it would make good sense for Lexington to follow suit. 9:29 p.m. David Kanter,Pct. 7,asked whether there was anticipation of funds,such as those received from Brookhaven,being automatically put into the Trust. Ms.Kowalski stated that it made sense that Town Meeting would have the opportunity of directing Brookhaven funds to the Trust,and why the Housing Stabilization Fund was created. She agreed with Mr.Kanter that the Stabilization Fund would eventually not be needed as Lexington would have the Trust. 9:33 p.m. As Mr. Sandeen declined final comments,the Moderator opened voting and on the corrected Article 12. Article 12—Creation of Housing Trust Adopted,as edited for scrivener's error,on a vote of: Yes No Abstain 175 2 2 MOTION CARRIES 9:36 p.m. The Moderator opened the Meeting on Article 8. ARTICLE 8 APPROPRIATE FOR 250th ANNIVERSARY OF THE BATTLE OF LEXINGTON CELEBRATION MOTION:Mr.Lucente moves that$75,000 be appropriated for planning and promotion of the 250th Anniversary Celebration of the Battle of Lexington,including website development and maintenance, memberships,printing, marketing materials and other costs incidental or related thereto; and that to meet this appropriation$75,000 be raised in the tax levy. Steven Connors,Member of the Semiquincentennial Commission(Lex250)gave a presentation on the Article,which included website and promotional material expenses for the 2025 Celebration of the Battle of Lexington. Doug Lucente, Select Board Vice-Chair,stated the Select Board unanimously supported passage of the Article. Lily Yan,Member of the Appropriations Committee,stated that the Appropriations Committee unanimously recommended approval of the Article. Marsha Baker,Representative for the Lexington Historical Society Board of Directors, stated the Board's unanimous vote in support of the Article. November 1,2022 Special Town Meetings(2022-3),cont. 9:48 p.m. Town Meeting Members discussed the Article, including the bidding process for vendors of the website and new domain name, as well as pointing out that ADA compliance, inclusivity, and diversity in the new website and activities for the 2025 celebration were a high priority. It was also recommended that as many outstanding DPW projects as possible could be completed before the Celebration took place. 9:57 p.m. Margaret Coppe, Pct. 8, noted that the Tourism Committee was in support of the appropriation and stated that they looked forward to working with the Commission on the Celebration. 10:24 p.m. Mr. Lucente stated in his final comments regarding the Article that he encouraged everyone to get involved in the preparation for the Celebration and then the Moderator opened voting on Article 8. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 8-Appropriate for 250'Anniversary of the Battle of Lexington Celebration Adopted by a vote of: Yes No Abstain 165 3 8 MOTION CARRIES 10:29 p.m. The Moderator asked Ms.Hai for a Motion to Adjourn. Ms. Jill Hai,Select Board Chair,Motioned to Adjourn the Special Town Meeting#3 to 7:30 p.m.on Wednesday,November 2,2022,such meeting to be held remotely. As there were no objections,the Moderator declared that Motion adopted and the Meeting adjourned. November 2,2022 Adjourned Session of the 2022-3 Special Town Meeting Moderator Deborah Brown called the second session of 2022 Special Town Meeting#3 to order at 7:30 p.m.on Wednesday,November 2,2022.The meeting was held remotely as voted by order of the Select Board and request of the Moderator 7:34 p.m. The Moderator noted that this was a remote meeting utilizing virtual meeting technology,including Zoom and a web-based portal,and that participants were logged in from a variety of remote locations,including their homes,the Select Board Meeting Room,and approximately 9-10 Members in Baffin Hall. The Moderator explained how members of the public could provide statements for or against an Article either online, or by coming to the area in the balcony of Baffin Hall reserved for the public. She then asked that Sean Dugan,Director of Communications,check the public microphone to ensure it was working properly. As everything was in order,she then recognized Mr. Goncalvez,Director of Innovation and Technology,who was managing the setup in Battin Hall to offer a few comments on how logistics would work in that space and how to get in touch with technical support,if needed. The Moderator noted that Deputy Moderator Orenstein was at Baffin Hall and would alert her if there seemed to be any problems. She then asked that all Members log in their attendance while she gave brief participation reminders. Upon completion of attendance,the Moderator stated that a quorum had been achieved(169). She reminded Meeting Members that there was a line for tech support and explained the location of the comments section on the website for members of the public to use. 7:37 p.m. The Moderator opened the meeting on Article 2. November 1,2022 Special Town Meetings(2022-3),cont. ARTICLE 2 APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS MOTION: Ms. Hai moves that this article be indefinitely postponed. Ms. Hai, Chair of the Select Board stated that there were no comments from the Select Board on the Article. Lily Yan,Appropriations Committee,stated that the Appropriations Committee unanimously recommended indefinite postponement of the Article. The Moderator noted that she would ask if there were any objections to the Motion. As there were none,motion carries unanimously. 7:40 p.m. The Moderator opened the Meeting under Article 3. MOTION: Mr.Pato moves 1. That$100,000 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund,and that to meet this appropriation$100,000 be transferred from the Transportation Demand Management/Public Transportation Special Revenue Fund; and b) That$107,554 be appropriated to the Transportation Management Overlay District Stabilization Fund,and that to meet this appropriation$107,554 be transferred from the Transportation Management Overlay District Special Revenue Fund;and c) That$250,000 be appropriated to the Ambulance Stabilization Fund,and that to meet this appropriation$250,000 be transferred from the Ambulance Special Revenue Fund;and d) That$2,375,392 be appropriated to the Capital Stabilization Fund,and that to meet this appropriation$2,375,392 be raised in the tax levy;and e) That the remaining balance of$494.05 in the Debt Service Stabilization Fund be appropriated to offset the FY2023 debt service of the bond dated February 1,2003 issued for funding additions and renovations to the Lexington High School,Clarke Middle School and Diamond Middle School as refunded with bonds dated December 8,2011 and maturing on December 8,2023;and further,that subsequent to funding this final appropriation of$494.05,the Debt Service Stabilization Fund be dissolved; and I) That$4,479.48 be appropriated to the Affordable Housing Stabilization Fund,and that to meet this appropriation$4,479.48 be transferred from the Community Impact Fee Special Revenue Fund;and further,that in accordance with M.G.L.Chapter 40, Section 5B paragraph four,that all future Community Impact Fees received from short-term rentals pursuant to M.G.L.Chapter 64G, Section 3D(a)and 3D(b)be deposited into the Affordable Housing Stabilization Fund. Joe Pato, Select Board Member,noted the Select Board unanimously supported the passage of Article 3. Charles Lamb,Chair of the Capital Expenditures Committee,stated that the Capital Expenditures Committee unanimously supported approval of sub-elements d,f,g,h,k,and in. Alan Levine,Appropriations Committee Secretary,stated that the Appropriations Committee recommended approval of the Article by a vote of 8-0. 7:40 p.m.As there were no questions,the Moderator opened voting on Article 3,and noted that it required a 2/3 vote passage. Town Counsel Mina Makarious noted that the reason for 2/3 was for November 1,2022 Special Town Meetings(2022-3),cont. item"e"was"from stabilization". Ms.Hai also noted that during the reading of the Article,a number was inverted in Section'T',but that the numbers in the Article,as written,were correct. Article 3—Stabilization Funds Adopted on a vote of: Yes No Abstain 172 0 3 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 7:42 p.m. The Moderator opened the Meeting under Article 4 ARTICLE 4:AMEND FY2023 OPERATING,ENTERPRISE AND CPA BUDGETS MOTION: Ms.Hai moves (a) That the following adjustment be made to the following line items for the FY2023 Operating budget as approved under Article 4 of the 2022 Annual Town Meeting: Line Item Program From To 2110 Contributory Retirement $8,159,250 $9,219,250 2120 Non-Contributory Retirement $16,777 $ 2430 Temporary Borrowing $17050,046 $762,975 2510 Reserve Fund $750,000 $1,250,000 2600 Facilities(for energy expense) $12,669,307 $13,069,307 8210-8220 Town Manager Personal Services $956,568 $1,011,696 8210-8220 Town Manager Expenses $289,185 $294,275 8400 Finance Expenses $498,835 $508,835 8600 Innovation&Technology Personal Services $867,192 $812,064 8600 Innovation&Technology Expenses $1 860 535 $1,855 445 (b) That the following adjustment be made to the following line item for the FY2023 budget to operate the Water Division of the Department of Public Works as approved under Article 5(a)of the 2022 Annual Town Meeting: Program From To Debt Service $1,224,746 $1,195,180 (c) That the following adjustment be made to the following line item for the FY2023 budget to operate the Wastewater Division of the Department of Public Works as approved under Article 5(b)of the 2022 Annual Town Meeting: Program From To Debt Service $1,595,417 $1,561,470 MWRA Wastewater Assessment $8,499,573 $8,432,792 (d) That the following adjustment be made to the following line item for the FY2023 revolving fund spending authorization levels as approved under Article 9 of the 2022 Annual Town Meeting: Program From To DPW Compost Operations $867,000 $923,100 Jill Hai,Select Board Chair,noted the unanimous support of the Select Board for passage of the Article. Alan Levine,Appropriations Committee Secretary,stated that the Appropriations Committee recommended approval of the Article by a vote of 8-0. November 1,2022 Special Town Meetings(2022-3),cont. 7:51 p.m. As there were no questions,the Moderator opened voting on Article 4. Article 4—Amend FY2023 Operating,Enterprise and CPA Budgets Adopted on a vote of: Yes No Abstain 170 0 2 MOTION CARRIES 7:52 p.m. The Moderator opened the Meeting under Article 6. ARTICLE 6 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: Ms. Hai moves that this article be indefinitely postponed. 7:53 p.m. Charles Lamb,Chair of the Capital Expenditures Committee,noted the Committee's unanimous recommendation for indefinite postponement. Alan Levine,Appropriations Committee Secretary,stated that the Appropriations Committee supported indefinite postponement of the Article. Robert Cohen,Pct.4,raised a Point of Order that he had voted on the prior Article, but the system hadn't registered his vote. The Moderator asked if he had received feedback from the system when he voted. As he thought he had,it was noted that it would be researched. The Moderator asked if there were any objections to the Motion. As there were none, the motion carries unanimously. Sanjay Padaki,Pct. 8,raised a Point of Order that on the prior Article,the recommendation of the Select Board hadn't been noted. The Moderator noted that as the Select Board offered the Motion,it was assumed that is what the recommended. Ms. Hai, Chair of the Select Board,stated that the Select Board was unanimous in their recommendation to indefinitely postpone the Article and were the makers of the Motion. 7:57 p.m. The Moderator opened the Meeting under Article 7. ARTICLE 7 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: Ms. Hai moves that this article be indefinitely postponed. Ms. Hai, Chair of the Select Board,stated that the Select Board was unanimous in their recommendation to indefinitely postpone the Article Alan Levine,Appropriations Committee Secretary,stated that the Appropriations Committee supported indefinite postponement of the Article. 7:58 p.m. Tom Diaz,Pct.3,asked for the reason for indefinite postponement. Carolyn Kosnoff, Assistant Town Manager for Finance,stated that when the FY23 operating budget was approved,they had already appropriated into post-employment insurance liability fund,although there was no requirement to do so. She further noted that if there was surplus,they would make a recommendation to put into the Fund but that surplus revenue in this case had been reallocated to other Articles include a few capital items and operating adjustments. The Moderator asked if there were any objections to the Motion. As there were none, the motion carries unanimously. November 1,2022 Special Town Meetings(2022-3),cont. 8:00 P.M. The Moderator opened the Meeting under Article 9. ARTICLE 9 OPIOID SETTLEMENT MOTION: Mr. Lucente moves that the Town appropriate $76,256.29 for the purpose of supplementing and strengthening resources available to Lexington communities and families for substance use disorder prevention, harm reduction, treatment, and recovery, to be spent under the direction of the Town Manager and with input from local stakeholders including people with lived experience of the opioid epidemic; and that to meet this appropriation, $76,256.29 be appropriated from state funds allocated by the Commonwealth to the Town of Lexington from Statewide Opioid Settlements between the Massachusetts Attorney General and certain non-bankrupt opioid industry manufacturers and distributors. Carolyn Kosnoff,Assistant Town Manager for Finance,gave a brief overview on the Article. 8:04 p.m. Doug Lucente,Member of the Select Board, stated that the Select Board unanimously supported passage of the Article. Sanjay Padaki, Appropriations Committee Member, noted that the Appropriations Committee had voted 8-0 to recommend approval of the Article. Bob Avallone,Pct.8,asked how the formula was developed in determining Lexington's share. Mina Makarious,Town Counsel,stated that he could not answer with precision, but believed it was based on population and other issues. John Bartenstein, Pct. 1, noted that it was reported in the newspaper that CVS/Walgreens had agreed to pay$13.8 and wondered if it was part of the same matter and whether they could expect more payments. Mr.Makarious stated that it had not yet been determined if that settlement would be going to municipalities,and they wouldn't know for some time as there were multiple suits with multiple dependents and they were slowly settling so how distribution of funds would be handled was unclear. 8:07 p.m. As there were no further questions,the Moderator opened voting on Article 9. Article 9—Opioid Settlement Adopted on a vote of: Yes No Abstain 175 1 2 MOTION CARRIES 8:10 P.M. The Moderator opened the Meeting under Article 11. ARTICLE 11:APPROPRIATE FOR CENTER STREETSCAPE SIDEWALK EXTENSION MOTION: Mr. Pato moves that $700,000 be appropriated for the rebuilding and repaving of sidewalks adjacent to the Center Streetscape, and other incidental costs or improvements related to such construction;and that to meet this appropriation$700,000 be raised in the tax levy. Mr.Pato gave a presentation showing the sidewalks mentioned in the Article. Joe Pato,Select Board Member,noted the unanimous support of the Select Board of the Article. Charles Lamb, Chair of the Capital Expenditures Committee, stated that the Capital Expenditures Committee unanimously recommended approval of the Article November 1,2022 Special Town Meetings(2022-3),cont. Sean Osborne, Appropriations Committee Member, stated that the Appropriations Committee had voted 8-0 to unanimously recommend approval of the Article. 8:14 p.m. The Moderator opened discussion and debate on Article 11. Steven Heinrich,Pct. 3, stated that he remembered the discussion on Article 16e at the Annual Town Meeting which discussed everything being voted for the Streetscape Project, including color of the concrete to concrete sidewalks on Waltham Street and asked how it was that it was that these key sidewalks were not considered at that time. David Pinsonneault,DPW Director,noted that in order to get the Streetscape Project out to bid,they had to set limits on what it would entail,which at that time were strictly on Mass.Ave.,from storefront to storefront. Once this was completed,they had identified three other areas that they felt would benefit from the same treatment. Mr. Heinrich noted that it was unfortunate that they hadn't been included in the beginning and noted that a lot of labor went into the Project and that they should think more broadly in the future. 8:16 p.m. Dawn McKenna,Pct. 6, noted that the Article referred to Center Streetscape and that some of the changes were to be made within the defined Battle Green Master Plan area by the Visitor's Center and wondered if that portion was within scope. The Moderator noted that questions regarding scope would be within the Moderator's purview. She asked Mina Makarious,Town Counsel whether there was any legal reason she could not consider the question within scope. Mr.Makarious stated that there was not due to the way the Article is described as sidewalks within Town Center,which made it a broader definition. The Moderator stated that the Artiele had the terms "sidewalks in and around Town Center" so that any reasonable person would understand that was within the definition, but thanked Ms.McKenna for posing the question. Ms.McKenna followed up by asking how much of the funding would be for that particular portion of the sidewalk. Mr. Pinsonneault stated that he did not have the breakdown as they had been given lump sum proposal on the project. Ms. McKenna asked when the work was expected to start and finish. Mr.Pinsonneault said that the idea was to start after Patriot's Day and finish in the early part of the next construction season. Ms. McKenna said that as this was part of the Battle Green Master Plan and asked whether there would there be considerations given to the Tourism committee allowing them to weigh in on materials. Mr.Pinsonneault stated that they would go to the appropriate committees as required. 8:22 p.m. Bob Avallone,Pct. 8, stated that he could see that the project could be disruptive for businesses and wondered if there would be any mitigation to deal with the problem. Mr.Pinsonneault stated that they would follow the same protocols that they had used for the prior two years Streetscape project which included communication and coordination with businesses. Jerold Michelson,Pct. 5,and Chair of the Lexington Center Committee noted the unanimous support of the Committee for the Article,and were appreciative that there had been foresight for the funds and to keep the same crew together as they had done a great job. Meeting Members to continue to discuss and debate the Article including transparency in funding, building materials,costs per square feet,and disruptions to businesses. 8:26 p.m. Bob Avallone,Pct. 8,raised a Point of Order that he had been promoted to Panelist in the system. The Moderator noted that this was a mistake and that he could ignore it. 8:36 p.m. Mr.Pato,Select Board Member,stated that although he did not have final comments on the Article,he wished to address a question regarding voting and that he had found that a vote by Mr.Cohen had been received by the server one second after voting was closed and that was why it hadn't been counted as the voting period had been terminated. Mr.Pinsonneault stated that he wished to make a clarification regarding the$1.6 million that would be brought forward for FY24. He clarified that this was for new sidewalks only,and not for existing sidewalks. 8:37 p.m. The Moderator opened voting on Article 11. November 1,2022 Special Town Meetings(2022-3),cont. Article 11—Appropriate for Center Streetscape Sidewalk Extension Adopted on a vote of: Yes No Abstain 157 5 15 MOTION CARRIES 8:40 p.m. The Moderator opened the Meeting under Article 13. ARTICLE 13:TECHNICAL CORRECTION-GENERAL BYLAW(FOSSIL FUEL) MOTION: Mr. Sandeen moves that Town Meeting confirm the Select Board is authorized to apply to participate in the Department of Energy Resources'municipal fossil fuel-free demonstration project as established in Section 84 of Chapter 179 of the Acts of 2022,and further that the Select Board apply to the demonstration project with legislation previously approved by Town Meeting as Article 29 of the 2021 Annual Town Meeting on March 22,2021,with technical corrections to the Bylaw passed thereunder in substantially the form below( *, ecce=text to be removed and underlined text to be added): Chapter 106:REGULATING FOSSIL FUEL INFRASTRUCTURE IN BUILDINGS 106- 1 Purpose This Bylaw is adopted by the Town of Lexington to protect health,safety,and the natural environment and reduce air pollution and greenhouse gas emissions,which causes climate change, thereby threatening the Town and its inhabitants. 106-2 Definitions "Effective Date"shall mean P@e@,4be+ 2022 of a at4l n 90 days following the date by which the Town is authorized by the4--ass eliuse s;Gtereraal GetH4 Department of Eneray Resources to regulate fossil fuel infrastructure,.A4i,,he,,f is lasef. "flew Building"shall mean a new building or new accessory building,as defined in the Lexington Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,associated with a building permit application filed on or after the Effective Date. "On-Site Fossil Fuel Infrastructure"shall mean piping for coal,mil,natural gas or other fuel hydrocarbons,including synthetic equivalents,or other fossil fuels that is in a building,in connection with a building,or otherwise within the property lines of a premises,extending from a supply tank or from the point of delivery behind a gas meter or the customer-side of a gas meter. "Major Renovation"shall mean a project associated with a valid building permit application filed on or after the Effective Date of this article that: for existing structures regulated by the current edition of the International Residential Code as amended by 780 CMR 51:Massachusetts Residential Code,includes the reconfiguration of space and/or building systems,in which the Work Area,not including any added space,is more than 75%of the Gross Floor Area of the principal dwelling,as defined in the Lexington Zoning Bylaw,prior to the project;and for existing structures regulated by the current edition of the International Building Code as amended by 780 CMR 34:Massachusetts Commercial Code,includes the reconfiguration of space and/or building systems,in which the Work Area,not including any added space,is more than 50%of the building floor area prior to the project,as defined by the Massachusetts Building Code. "Work Area"shall mean the portions of a building affected by renovations for the reconfiguration of space or building systems,as shown in the drawings included with a building permit application. Areas consisting of only repairs,refinishing,or incidental work not associated with the renovations or reconfiguration for which a building permit is required are excluded from the Work Area. November 1,2022 Special Town Meetings(2022-3),cont. 106-3 Applicability This Chapter shall apply to all building permit applications for New Buildings and Major Renovations proposed to be located in whole or in part within the Town,except that this Chapter shall not apply to: A. utility service piping connecting the grid to a meter,or to a gas meter itself, B. piping required to: i. fuel backup electrical generators,indoor or outdoor cooking appliances,indoor or outdoor fireplaces or fire features,or appliances for outdoor heating;or ii. produce potable or domestic hot water from centralized hot water systems in commercial buildings with building floor areas of at least 10,000 square feet,provided that the Engineer of Record certifies that no commercially available electric hot water heater exists that could meet the required hot water demand for less than 150%of installation or operational costs,compared to a conventional fossil fuel hot water system; C. the extension or modification of heating systems via HVAC system modification,or modification of radiator,steam,or hot water piping,provided new fossil fuel piping is not installed; D. life science buildings,research laboratories for scientific or medical research,or to hospitals or medical offices regulated by the Massachusetts Department of Public Health as a healthcare facility;or E. repairs of any existing portions of a fuel piping system deemed unsafe or dangerous by the Plumbing and Gas Fitting Inspector. 106-4 Enforcement 1. On and after the Effective Date,no building permit shall be issued by the Town for the construction of New Buildings or Major Renovations that include the installation of new On- Site Fossil Fuel Infrastructure subject to this Chapter. 2. The Town Manager,or their designee,shall publish and present an annual report to the Select Board quantifying the number and location of building permit applications for new and major renovation projects exceeding 50%of the original gross floor area of the principal dwelling; the number of new and major renovation projects requesting a waiver from this Chapter,the disposition of those waivers,the reasons for granting or denying those waivers and the square footage of each project for which a waiver is granted. 3. The Select Board may adopt additional requirements,exemption,and regulations to implement or enforce said new fossil fuel infrastructure restrictions in major construction, consistent with this Chapter. 106-5 Waivers A. The Building Commissioner may grant a waiver from the requirements of this Chapter in the event that compliance with the provisions of this Chapter makes a project financially infeasible or impractical to implement. Compliance with this Chapter may be considered infeasible if,without limitation: a. as a result of factors beyond the control of the proponent,the additional cost of the project over the long term,including any available subsidies,would make the project commercially unviable;or b. technological or other factors would make the project unsuitable for its intended purpose. B. Waivers from compliance with this Chapter may be subject to reasonable conditions. Where possible,waivers shall be issued for specific portions of a project that are financially infeasible or impractical to implement under the requirements of this Chapter,rather than entire projects. November 1,2022 Special Town Meetings(2022-3),cont. C. Waiver requests shall be supported by a detailed cost comparison,including available rebates and credits. A waiver request may be made at any time and may be based upon submission of conceptual plans. D. In considering a request for a waiver,the Building Commissioner may consider as a factor the requesting party's status as a non-profit or government-sponsored affordable housing entity. E. The Building Commissioner's decision with respect to the granting of a waiver,the scope thereof,and any conditions imposed by a waiver,shall be appealable to the Select Board,or its designee,within thirty(30)days in accordance with policies established by the Select Board. F. The Select Board shall,prior to the Effective Date issue,and may thereafter amend,guidance regarding the process for requesting and granting waivers,and describing reasonable conditions that may be placed on a waiver. 106-6 Appeals The Select Board,or its designee,shall hear appeals from decisions of the Building Commissioner under this Chapter. 106-7.Reporting The Select Board,or its designee,shall provide data and other information on the impacts of this Bylaw on emissions,building costs,operating costs,the number of building permits issued,and other information as required or requested by the Department of Energy Resources and the Secretary of Housing and Economic Development. Maggie Peard, Sustainability and Resilience Officer,gave a Presentation on the Article,noting that it made minor technical corrections to be in line with State programs. Mark Sandeen, Select Board Member,noted the unanimous support of the Select Board for passage of the Article. 8:47 p.m. The Moderator opened discussion and debate on Article 13. Charles Hornig,Pct.2,asked whether there was insight of what the DOER Program would be. Ms.Peard stated that they were awaiting communication and guidance from DOER,so it was currently unclear. 8:48 p.m. Bob Avallone,Pct. 8,as what the criteria for picking the 10 communities. Ms.Peard noted that there would eb a maximum of 10 communities and meet the 10%affordable housing threshold as well as have passed a Home Rule Petition. When the Climate Bill was passed,there were 10 communities having done so,so it was likely the order of passage of the Home Rule Petitions would give priority,but DOER(Department of Energy Resources)had not issued their official statement. 8:51 p.m. Anthony Galaitsis,Pct.5,asked why there was the terminology of piping for coal. Ms.Peard noted that the terminology was included in the State's Climate Bill,so the text had been changed to be in line with what was in the State's language. Andrei Radulescu-Banu,Pct. 8,stated that it had been stated that electric heating was cheaper than natural gas,and this was not accurate and that studies had shown this in Massachusetts,and felt that he could support the Article. 8:53 p.m. As Mr. Sandeen had no final comments,the Moderator opened voting on Article 13 Article 13—Technical Correction—General Bylaw(Fossil Fuel) Adopted on a vote of: Yes No Abstain 163 3 10 MOTION CARRIES 8:56 p.m. The Moderator opened the Meeting under Article 14. November 1,2022 Special Town Meetings(2022-3),cont. ARTICLE 14:LEXHAB REORGANIZATION MOTION: Ms.Hai moves that the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: AN ACT REORGANIZING THE LEXINGTON HOUSING ASSISTANCE BOARD,INC. Be it enacted by the Senate and House of Representatives in General Court assembled,and by the authority of the same,as follows: SECTION 1: Chapter 521 of the Acts of 1983 shall be repealed and replaced in its entirety with the following: SECTION 1.There is hereby established an independent,nonprofit housing corporation to be known as the Lexington Housing Assistance Board,Inc. or"LexHAB". SECTION 2. LexHAB shall be governed by a board of directors referred to in this act as the board. The board shall consist of not less than five and not more than nine members. Each member of the board shall be a resident of the Town of Lexington at the time of initial appointment and shall serve for a three year term. Terms shall be staggered such that the term of no more than 40%of the board members shall expire in any one year. Appointments to the board shall be made annually on or before June 30 by the members of the board then sitting, subject to confirmation by the Lexington select board. Members shall serve until their successors are appointed and qualified. Continuing members may act despite a vacancy or vacancies in said board and,for this purpose,shall be deemed to constitute a full board.A vacancy in the board,however occurring,may be filled by vote of the board for the remainder of the unexpired portion of the term. The members of the"Lexington Housing Assistance Board,Inc."established pursuant to Chapter 521 of the Acts of 1983 in office as of the effective date of this Act shall constitute the board for purposes hereof for the remainder of their unexpired terms. SECTION 3. Members of the board shall not receive compensation for the performance of their duties under this act,but each member may be reimbursed by LexHAB for expenses incurred in the performance of the member's duties. SECTION 4. The board shall exercise its powers and perform its duties for the purpose of investigating and implementing alternatives for the provision of and providing affordable housing for persons of low,moderate and middle income,and others whose needs may be identified from time to time,in the town of Lexington.The powers and duties of the board shall be alternative and supplemental to,and not in limitation of,the powers and duties of the Lexington Housing Authority established pursuant to chapter one hundred and twenty-one B of the General Laws. SECTION 5. Operation of LexHab shall be independent of the Lexington select board and the town manager. SECTION 6. The board shall have the powers and privileges conferred by paragraphs(a)to (i),inclusive,and paragraph(k)of section nine of chapter one hundred and fifty-six B of the General Laws,and the following powers,provided that no such power shall be exercised in a manner inconsistent with this act or any general or special law,or to carry on any activity which is not in furtherance of the purposes set forth in this act: (a) to adopt,amend and repeal by-laws for the regulation and conduct of its business including but not limited to the call and conduct of its meetings,the number of members which shall constitute a quorum and the mode of voting by proxy; (b) to elect a chairperson and vice-chairperson,each of whom shall be members of said board, and a secretary and a treasurer,who need not be members of the board,and who may be the same person.The treasurer shall give bond for the faithful performance of their duties in form and amount approved and fixed by the board,the cost of which bond shall be paid from funds of the board.The chairperson and,in their absence,the vice-chairperson shall chair meetings of the board.The secretary shall be the custodian of all books,documents and papers filed with the board and of the minute book or journal of the board; to make and execute all contracts and all other instruments necessary or convenient for the exercise of its powers and functions; November 1,2022 Special Town Meetings(2022-3),cont. (c) to acquire or lease,by purchase or otherwise,and to own,hold and use,on such terms and conditions and in such manner as it may deem proper, and to exchange, grant options on, sell,transfer,convey,assign,lease,pledge,mortgage,encumber,grant liens on and security interests in,or otherwise dispose of,on such terms and conditions as it may deem proper, real,personal or mixed real and personal property or any interest,easements or rights in that property, and any assets or revenues of the board, as may be necessary or appropriate to carry out its purposes, it being understood that the board's right to acquire or sell town- owned real estate may also be subject to authorization by town meeting vote in accordance with other applicable laws; (d) to enter into agreements or other transactions with the commonwealth, the town of Lexington or any other political subdivision or public instrumentality thereof,the United States government or any federal,state or other governmental agency; (e) to borrow money and to execute notes therefor,to hold mortgages,and to invest any funds held in reserve funds, or any funds not required for immediate disbursement in such investments as may be lawful for fiduciaries in the commonwealth. The board shall have no stock; (f) to enter into contracts or agreements with, and to employ from time to time contractors, architects,engineers,consultants,attorneys,accountants,construction,financial and other experts, superintendents, managers and such other agents and employees as may be necessary in its judgment and to fix their compensation. Notwithstanding any general or special law to the contrary,the board shall be exempt from the provisions of chapters 30, 3013,and 149 of the general laws or as otherwise authorized by law; (g) to receive and hold funds,including any funds that may from time to time be appropriated by the town of Lexington in furtherance of the board's public purpose,pursuant to section nine hereof,property,labor and other things of value from any source,public or private, by gift, grant, bequest, loan or otherwise, either absolutely or in trust, and to expend or utilize the same on behalf of the board for any of its purposes or to act as an agent or conduit in administering or disbursing funds or financial or other aid from any source; (h) to appear in its own behalf before boards,commissions,departments or other agencies of government,municipal,state or federal; (i) to procure insurance against any loss in connection with the property or activities of said board,in such amounts,and from such insurers as it may deem necessary or desirable,and to indemnify its members or agents if and to the extent specified from time to time in the by-laws of said board and subject to and in the manner provided in section six of chapter one hundred and eighty of the General Laws; (k) to formulate,carry out or monitor plans for projects involving the acquisition or operation of housing facilities of any kind or nature,and to construct,reconstruct,renovate,expand, extend, improve, repair, remodel, equip, furnish, maintain, manage and operate such facilities; (1) to fix and revise from time to time,and to charge and collect rates,fees,rentals and other charges and sales prices for or in connection with the use,occupancy or other disposition of any housing facility or other property or portion thereof under its ownership or control; (m) to establish,impose,grant or amend,by deed,lease or any other means or method,and to hold the benefit of, monitor, exercise and enforce lawful restrictions on the rental, sale, resale, use or occupancy of housing facilities or other property under its ownership or control,or other facilities or property designated by the select board,or restrictions with respect to the income of owners,tenants or occupants of such housing facilities or other property,or options and rights of first refusal with respect to such facilities or property, and to waive,release or discharge any such rights or restrictions,but the foregoing shall not apply to any town-owned real estate or facilities except upon the vote of the town meeting or as otherwise allowed by law; (n) to enter into,perform or monitor agreements or other transactions with contractors, developers,brokers or other real estate professionals or any other person relating to the providing of affordable housing for persons of low and moderate income in the town; (o) to establish policies and procedures for and to implement programs,and to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act. November 1,2022 Special Town Meetings(2022-3),cont. SECTION 7. The board may delegate to any committee or member of the board any action which the board is empowered to do or make.The board may be a partner in any business enterprise which the board would have power to conduct by itself. SECTION 8.Notwithstanding the provisions of any general or special law to the contrary, the income,assets and activities of the board shall be exempt from all taxes and assessments and the board shall not be subject to any of the provisions of chapter sixty- three of the General Laws or to any taxes based upon or measured by property or income imposed by the commonwealth or by any political subdivision thereof. The board is authorized and empowered to enter into an agreement or agreements with the assessor of the town of Lexington,with the approval of the select board,wherein said board shall undertake to make annual payments to the town in lieu of taxes,in connection with any real property acquired and owned by the board,the amounts of such payments to be reasonable sums stipulated in such agreement or agreements or determined in accordance with a reasonable formula so stipulated. SECTION 9. The town of Lexington may appropriate other funds for the carrying out by said board of its purposes as set forth herein.Any appropriation therefor may be raised by the town by taxation.At least annually,the board shall cause independent audits to be made of the books and records of the board. The board shall make an annual report of its activities and operations to the select board of the town of Lexington. SECTION 10. All personal and real assets and liabilities of the"Lexington Housing Assistance Board,Inc."established pursuant to Chapter 521 of the Acts of 1983 shall be deemed transferred to the board and title to all such property and all such rights shall vest in the board automatically without the need for further action or instrument. SECTION 11. In the event that the board shall be dissolved in accordance with law at any time,all property and interests therein,assets and rights of said board existing at such time shall be transferred to the town of Lexington, or to a qualified non-profit housing development corporation designated by the town of Lexington,and title to all such property and all such rights shall vest in the town of Lexington automatically without the need for further action or instrument,and the town of Lexington shall,to the maximum extent permitted by law,and acting by and through its Select Board,assume,hold and exercise the powers and duties of said board set forth herein with respect to such property and rights so transferred to said town. SECTION 12.The provisions of this act are severable and if any of its provisions shall be held invalid in any circumstance,such invalidity shall not affect any other provisions or circumstances. SECTION 2. This act shall take effect upon its passage. Sarah Morrison,Executive Director of LexHAB gave a presentation on the Article reorganizing LexHAB. Jill Hai, Select Board Chair,stated the unanimous support of the Select Board for the Article. Charles Lamb,Capital Expenditures Committee Chair,stated the unanimous support of the Capital Expenditures Committee for the Article. Eric Michelson,Member of the Appropriations Committee,stated the unanimous recommendation for approval from the Appropriations Committee. Marilyn Fenollosa,Chair of the Community Preservation Committee,stated the unanimous support of the Community Preservation Committee for the Article. Michael Schanbacher,Member of the Planning Board stated that the Planning Board had voted 5-0 in favor of recommending passage of the Article. 9:11 P.M. The Moderator opened the floor for discussion and debate on Article 14. David Kanter,Pct. 7,noted that a lot of work had already been done and wondered what would hold up the process if the Article were approved by the legislature. Ms.Morrison noted that she didn't think there was anything holding it up.Ms.Morrison clarified that they were hoping to submit by the 3 d week of January so it would be considered a timely file which was the only way to expedite the process at all. Mr.Kanter noted that he hoped it could be done earlier. The Moderator noted that this was not the way the filing worked for the legislature,as January was the start of the new Session and they wouldn't act on new legislation until that time. November 1,2022 Special Town Meetings(2022-3),cont. 9:17 p.m. John Rossi,Pct. 1,asked if the new organization would be governed by a Board of Directors,and if so,who would be on it. Ms.Morrison stated that it would be governed by a board of directors,which would volunteer members. She noted that members were typically recruited and appointed by existing board members,but noted that for the new organization,the Select Board would have veto power over board members. Mr.Rossi asked if the veto power were just for the initial board,or continuing with future boards. Ms.Morrison stated that the existing board would transition as the new board for the new entity,but the veto power would continue with all future members going forward. Mr.Rossi asked whether there would be oversight all future board members by the Select Board. Ms.Morrison agreed that they would. 9:23 p.m. Umesh Shelat,Pct. 7,noted that he was concerned about how the assets were being transferred to the new entity and asked how it would happen. Ms.Morrison stated that LexHab owned all the units,and they would transfer them to the new LexHab entity seamlessly through the Special Act. Mina Makarious,Town Counsel,stated that the real estate assets were held by LexHab as a Town department,so they were in the care and custody of LexHab. He noted that if LexHab ever dissolved as a non-profit,the assets would be transferred to the Town at no cost to the Town. Mr. Shelat followed up by asking if the new non-profit would have the capability of selling the assets, which were initially paid for by the Town. Mr.Makarious stated that LexHab real estate was subject to affordable housing restrictions and those restrictions would not go away,but remain in perpetuity, which meant that any sale would be subject to those restrictions. Town Meeting Members continued to debate and discuss the Article. 9:50 p.m. As Ms.Hai and Ms.Morrison did not have final comments,the Moderator opened voting on Article 14. Article 14—LexHab Reorganization Adopted on a vote of: Yes No Abstain 164 5 8 MOTION CARRIES The Moderator noted that all business for 2022-3 had been completed and asked for a motion to dissolve the Meeting. 9:54 p.m. Jill Hai,Select Board Chair moved to dissolve Special Town Meeting 2022-3.As there were no objections,Motion Adopted. A true copy. Attert: �� P `�' M�, de Alderete,Town Clerk On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration ID 14 13 Yes Abstain Yes Yes Yes Yes 6 Abstain Abstain Abstain Abstain Abstain Abstain 12 11 Yes Abstain Yes Yes Yes IYes 7 Yes Abstain Yes Yes Yes Yes 5 Yes Abstain Yes Yes Yes Yes 10 Yes Abstain Yes Yes Yes Yes 405 Yes Yes No Yes Yes Yes 40 Yes Yes Yes Yes Yes Yes 45 Yes Yes Yes Yes Yes IYes 47 Abstain Yes Yes Yes Yes IYes 48 Yes Yes Yes Yes Yes Yes 325 Abstain Yes Yes Yes Yes Yes 301 Yes Yes Yes Yes Abstain 415 Yes Yes Yes Yes Yes Yes 303 Yes Yes Yes Yes Yes Yes 414 Yes Yes Yes Yes IYes 50 Yes Yes Yes Yes Yes Yes 41 Yes Yes Yes Yes Yes Yes 173 Yes Yes Yes Yes Yes Yes 42 Yes Yes Yes Yes Yes Yes 52 Yes No Yes Yes Yes Yes 402 Yes IYes IYes IYes IYes IYes 54 Yes IYes IYes IYes IYes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 56 Yes Yes Yes Yes Yes Yes 58 Yes Yes Yes Yes Yes Yes 61 Yes Yes Yes Yes Yes Yes 62 Yes Yes Yes Yes Yes Yes 63 Yes No Yes Yes Yes Abstain 64 Yes Yes Yes Yes Yes Yes 65 66 Abstain No Abstain Yes Yes Abstain 69 Yes Yes Yes Yes Yes Yes 268 Abstain Abstain Yes Yes Yes Yes 70 305 Abstain Yes Yes Yes Yes IYes 72 73 Yes Yes 74 Yes Yes Yes Yes Yes Yes 31 Abstain Yes Yes Yes Yes Yes 77 Yes Yes Yes Yes Yes Yes 78 Yes Yes Yes Yes Yes INo 79 No Yes Yes Yes No Yes 80 Yes Yes Yes Yes Yes 81 No Yes Yes Yes Yes Yes 306 Yes Yes 321 Abstain Abstain Yes Yes Abstain 304 Yes Yes Yes Yes Yes INo 82 Yes IYes IYes IYes Yes IYes 434 Yes IYes IYes IYes Yes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 83 Yes Yes Yes Yes Yes Yes 257 Yes Yes Yes Yes Yes Yes 84 Yes No Yes Yes Yes Abstain 290 Yes No Abstain Yes Verbally Yes Yes Verbally 416 Yes Yes Yes Yes Yes Yes 417 427 Abstain No Yes Yes Yes Yes 309 Yes Yes Yes Yes Yes 87 Yes Yes Yes Yes Yes Yes 91 Yes Yes Yes Yes Yes Yes 93 94 Yes Yes Yes Yes Yes IYes 307 Yes Yes Yes Yes Yes Yes 37 Yes Yes Yes Yes Yes Yes 96 Yes Yes Yes Yes Yes Yes 97 Yes No Yes Yes Yes Yes 98 Yes Yes Yes Yes Yes Yes 308 99 Yes Yes Yes Yes Yes Yes 102 Yes Yes Yes Yes Yes Yes 103 Yes Yes Yes Yes Yes Yes 311 Yes Yes Yes Yes Yes Yes 104 Yes Yes Yes Yes Yes Yes 105 Yes No No Yes IYes IYes 419 Yes IYes IYes IYes IYes IYes 124 Yes IYes IYes IYes IYes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 107 Yes Yes Yes Yes Yes Yes 108 Yes Yes Yes Yes Yes Yes 109 No Yes Yes Yes Yes Yes 110 Yes Yes Yes Yes Yes Yes 111 Yes Yes No Yes Yes Yes 114 Yes Yes Yes Yes Yes IYes 115 Yes Yes Yes Yes Yes Yes 116 Yes Yes Yes Yes Yes Yes 246 Yes Yes Yes Yes Yes Yes 119 Abstain Yes Yes Yes Yes Yes 326 Abstain No No Yes Yes Yes 420 Yes Yes Yes Yes Yes IYes 120 Yes Yes Yes Yes Yes IYes 121 Yes Yes Yes Yes Yes Yes 123 Yes Yes Yes Yes Yes Yes 125 Abstain Yes Yes Yes Yes Yes 126 Yes Yes Abstain Yes Yes Yes 127 Yes Verbally Yes Verbally 128 Yes Yes Yes Yes Yes IYes 129 Yes Yes Yes Yes Yes Yes 130 No Yes Yes Yes Yes Yes 131 Yes Yes Yes Yes Yes Yes 132 Yes Yes Yes Yes Yes 313 322 Yes IYes IYes IYes Yes JAbstain 145 Yes IYes IYes IYes Yes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 134 Abstain Yes Yes Yes Yes Yes 135 Yes No Yes Yes Yes Yes 136 Yes Yes Yes Yes Yes Yes 138 Yes Abstain Yes Yes Yes 139 No Yes Yes Yes Yes 140 Yes Yes Yes Yes Yes IYes 141 Yes Yes Yes Yes Yes Yes 143 Yes Abstain Yes Yes 43 Yes Yes Yes Yes Yes Yes 144 No Yes Yes Yes Yes Yes 458 Yes Yes Yes Yes Yes Yes 147 Yes Yes Yes Yes Yes IYes 149 Yes Yes Yes Yes Yes Yes 315 Yes No Abstain Yes Yes Yes 151 152 Yes Yes Yes Yes Yes Yes 153 Yes Yes Abstain Yes Yes Yes 154 Yes Yes Yes Yes Yes IYes 155 Yes Yes Yes Yes Yes Yes 259 Yes Yes Yes Yes Yes Yes 156 Yes Yes Yes Yes Yes Yes 159 Yes Yes Yes Yes Yes Yes 160 Yes No Yes Yes Yes Yes 161 Yes Yes Yes Yes IYes IYes 163 Yes IYes IYes IYes IYes IYes 164 Yes IYes IYes IYes IYes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 212 Yes Yes Abstain Yes Yes Yes 165 Abstain Yes Yes Yes Yes Yes 421 Yes Yes Yes Yes Yes Yes 166 No Yes Yes Yes Yes Yes 459 Yes Yes Yes Yes Yes Yes 194 Yes Yes Yes Yes Yes IYes 148 Yes Yes Yes Yes Yes Yes 196 Yes Yes Yes Yes Yes Yes 197 Yes Yes Yes Yes Yes Yes 198 Abstain Yes Yes Yes Yes Yes 329 Yes Yes Yes Yes Yes Yes 200 Yes Yes Yes Yes Yes IYes 201 Yes Yes Yes Yes Yes IYes 202 Yes Yes Yes Yes Yes Yes 203 Yes Yes Yes Yes Yes Yes 204 Yes Yes 267 Yes Yes Yes Yes Yes Yes 205 Yes Yes Yes 206 207 Yes Yes No Yes Yes Yes 208 Yes No Yes Yes Yes Yes 209 Yes Abstain Yes Yes Yes Abstain 317 Yes Yes Yes Yes Yes Yes 210 Yes Yes Yes Yes Yes Yes 211 Abstain IYes INo IYes IYes IYes 316 Yes INo JAbstain IYes IYes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 214 Yes Yes Yes Yes Yes Yes 215 Yes Yes Yes Yes Yes Yes 216 Yes Yes Yes Yes Yes Yes 177 Yes Yes Yes Yes Yes Yes 217 Yes Yes Yes Yes Yes Yes 218 Yes Yes Yes Yes Yes IYes 240 Yes Yes Yes Yes Yes Yes 219 Yes Yes Yes Yes Yes Yes 423 Yes Yes Yes Yes Yes Yes 220 Yes No Yes Yes Yes Yes 222 Abstain Abstain Yes Yes Yes 39 Abstain Yes Yes Yes Yes IYes 224 No Yes Abstain Yes Yes Yes 225 38 Abstain No Yes Yes Yes Yes 324 Yes Yes Yes Yes Yes Yes 226 Abstain Yes Yes Yes Yes Yes 422 Yes Yes Yes Yes Yes IYes Verbally 227 No Yes Yes Yes Yes Yes 228 Yes Yes Yes Yes Yes Yes 230 Yes Yes Yes Yes Yes Yes 233 Yes Verbally 146 Yes Abstain 234 Abstain Yes Yes Yes IYes IYes 235 Yes Abstain Yes Yes Yes Yes 236 No INo IYes IYes IYes IYes On November 1,2022 STM3-8: STM3-10: Appropriate for Appropriate for STM3-12: 250th STM3-5:Appropriate Public Facilities Creation Anniversary of STM3-5-Terminate- for Center Playground Capital Projects of The Battle Of Attendance: Debate:Previous Bathrooms and (Town Pool Domestic Housing Lexington Check-in Question Maintenance Building Hot Water Heater) Trust Celebration 319 Yes Yes Yes Yes Yes 237 Yes No Yes Yes Yes Yes 238 Yes Abstain Yes Yes Yes Yes 239 Yes Yes Yes Yes Yes Yes 241 No Yes Yes Yes Yes Yes 242 Yes Yes Yes Yes Yes 320 Yes Yes Yes Yes Yes Yes 243 Abstain Yes Yes Yes Yes Yes 433 Yes Yes Yes Yes Yes Yes 428 92 244 No No Abstain Yes Yes IYes 176 Yes Yes Yes Yes Yes Yes 249 Yes Yes Yes Yes Yes Yes 426 No No No 250 Yes No Yes Yes Yes Yes 141 140 157 175 1751 165 11 21 6 1 2 3 21 141 11 1 2 8 173 1751 174 177 179 176 Pass Pass I Pass Pass Pass Pass On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 0 Mike Barrett 14 0 Suzanne Barry 13 Yes Yes Yes Yes Yes Yes Yes 0 Deborah Brown 6 Abstain Abstain Abstain Abstain Abstain Abstain Abstain 0 Michelle Ciccolo 12 0 Jill Hai 11 Yes Yes Yes Yes Yes Yes Yes 0 Douglas Lucente 7 Yes Yes Yes Yes Yes Yes Yes 0 Joe Pato 5 Yes Yes Yes Yes Yes Yes Yes 0 Mark Sandeen 10 Yes Yes Yes Yes Yes Yes Yes 1 Lois Angelo 405 Yes Yes Yes No Yes Yes 1 John Bartenstein 40 Yes Yes Yes Yes Yes Yes Yes 1 Sandhya Beebee 45 Yes Yes Yes Yes Yes Yes Yes 1 Robert Cunha 47 Abstain Yes Yes Yes Yes Yes Yes 1 Larry Freeman 48 Yes Yes Yes Yes Yes 1 Tanya Gisolfi-McCready 325 Abstain Yes Yes Yes Yes 1 Yifang Gong 301 Yes Yes Yes Yes Abstain Abstain Yes 1 Stephanie Hsu 415 Yes Yes Yes Yes Yes Abstain Yes 1 Janet Kern 303 Yes Yes Yes Yes Verbally Yes Yes Yes 1 Jay Luker 414 Yes Yes Yes Yes Yes Yes Yes 1 Hongbin Luo 50 Yes Yes Yes Yes Yes Yes Yes 1 Eric Michelson 41 Yes Yes Yes Yes Yes Yes Yes 1 Noah Michelson 173 Yes Yes Yes Yes Yes Yes Yes 1 Meg Muckenhoupt 42 Yes Yes Yes Yes Yes Yes Yes 1 Valerie Overton 52 Yes Yes Yes Yes Abstain Yes Yes 1 Katherine Reynolds 402 Yes Yes Yes Yes Yes Yes Yes 1 John Rossi 54 Yes Yes Yes Yes Yes Yes Yes 1 Carol Sampson 56 Yes Yes Yes Yes Yes Yes No 1 Bella Tsvetkova 58 Yes Yes Yes Yes Yes Yes No 1 Albert Zabin 61 Yes Yes Yes Yes Yes Yes Yes 1 Judith Zabin 62 Yes Yes Yes Yes Yes Yes Yes 2 jAvram Baskin 63 1 Yes Yes Yes Yes Abstain Abstain Abstain 2 Marian Cohen 64 Yes Yes Yes Yes Abstain Yes Yes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 2 Matthew Cohen 65 No Yes Yes No Yes Yes 2 Matt Daggett 66 Abstain Abstain Abstain Yes Abstain Yes Yes 2 Rita Goldberg 69 Yes Yes Yes Yes Yes Yes Yes 2 Charles Hornig 268 Abstain Yes Yes Yes Yes Abstain Yes 2 Ajay Joseph 70 Yes Yes Yes Abstain Yes 2 Barbara Katzenberg 305 Abstain Yes Yes Yes Yes Yes Yes 2 Paul Lapointe 72 2 Peter Lee 73 Yes Yes Yes Yes Yes 2 Mark Manasas 74 2 Barry Orenstein 31 Abstain Yes Yes Yes Yes Yes Yes 2 RickiPappo 77 Yes Yes Yes Yes Yes Yes Yes 2 Syed Rizvi 78 Yes Yes Yes Yes Yes Yes Yes 2 Kenneth Shine 79 No Yes Yes Yes Yes Abstain Abstain 2 Juan Stella 80 Yes Yes Yes Yes Yes Yes 2 Jonathan Suber 81 Abstain Yes Yes Yes Yes Yes Yes 2 Rita Vachani 306 Yes Yes Yes Yes Yes Yes Yes 2 Emilie Webster 321 Yes Yes Yes Abstain Yes Yes 2 Amy Weinstock 304 Yes Yes Yes Yes Yes Yes Yes 2 Betsey Weiss 82 Yes Yes Yes Yes Yes Yes 3 Bronte Abraham 434 Yes Yes Yes Yes Abstain Yes 3 Courtney Apgar 83 Yes Yes Yes Yes Yes Yes Yes 3 Joshua Apgar 257 Yes Yes Yes Yes Yes Yes Yes 3 Cynthia Arens 84 Yes Yes Yes Yes Yes Yes Yes 3 Delanot Bastien 290 Yes Abstain Yes Yes Yes Yes Yes 3 SaIlye Blei berg 416 Yes Yes Yes Yes Yes Yes Yes 3 Christopher Buenrostro 417 Yes Yes Yes Yes Yes Yes Abstain 3 Tom Diaz 427 Yes Yes Yes Yes Yes Yes Yes 3 Edward Dolan 309 Yes Yes Yes Yes Yes Yes Yes 3 Steven Heinrich 87 Yes Yes Yes Yes Yes Yes Yes 3 IJeanne Krieger 91 1 Yes Yes Yes Yes Yes Yes Yes 3 Henry Lau 93 Yes Yes Yes Yes Yes Yes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 3 Rena Maliszewski 94 Yes Yes Yes Yes Yes Yes Yes 3 Amelia ODonnell 307 Yes Yes Yes Yes 3 Glenn Parker 37 Yes Yes Yes Yes Yes Yes Yes 3 Letha Prestbo 96 Yes Yes Yes Yes Yes Yes Yes 3 Robert Rotberg 97 No Yes Yes Yes No Yes Yes 3 Michael Schanbacher 98 Yes Yes Yes Yes Yes Yes Yes 3 Prashant Singh 308 3 Frank Smith 99 Yes Yes Yes Yes Yes Yes Yes 3 Stanley Yap 102 4 Alessandro Alessandrini 103 4 Laura Atlee 311 Yes Yes Yes Yes Yes Yes Yes 4 Nyles Barnert 104 Yes Yes Yes Yes Yes Yes Yes 4 Gloria Bloom 105 Yes Yes Yes Yes Yes Yes Yes 4 Linda Boardman Liu 419 Yes Yes Yes Yes Yes Yes Yes 4 Michael Boudett 124 Yes Yes Yes Yes Yes Yes Yes 4 Lawrence Chan 107 4 Norman Cohen 108 Yes Yes Yes Yes Yes Yes Yes 4 Robert Cohen 109 Yes Yes Yes Yes Abstain Yes 4 Kathryn Colburn 110 Yes Yes Yes Yes Yes Yes Yes 4 Katie Cutler 111 Yes Yes Yes Yes Abstain Yes Yes 4 Eileen Jay 114 Yes Yes Yes Yes Yes Yes Yes 4 Charles Lamb 115 Yes Yes Yes Yes Yes Yes Yes 4 Kathleen Lenihan 116 Yes Yes Yes Yes Yes Yes Yes 4 Wendy Manz 246 Yes Yes Yes Yes Yes Abstain Yes 4 Gerald Paul 119 Yes Yes Yes Yes Yes Yes Yes 4 Jenny Richlin 326 Abstain Yes Yes Yes Abstain Yes Yes 4 Kathryn Roy 420 Yes Yes Yes Yes Yes Yes Yes 4 Sandra Shaw 120 Yes Yes Yes Yes Yes Yes Yes 4 Nancy Shepard 121 Yes Yes Yes Yes Yes Yes Yes 4 Ruth Thomas 123 Yes Yes Yes Yes Yes Yes Yes 5 jAnil Ahuja 125 1 No I Yes I Yes Yes Yes Yes Yes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 5 Robert Balaban 126 Yes Yes Yes Yes Yes Yes Yes 5 Nancy Corcoran-Ronchetti 127 Yes Verbally Yes Verbally Yes Verbally Yes Verbally Yes Verbally Yes Verbally Yes Verbally 5 Judy Crocker 128 Yes Yes Yes Yes Yes Yes 5 Irene Dondley 129 Yes Yes Yes Yes Yes Yes Yes 5 Marilyn Fenollosa 130 No Yes Yes Yes Yes Yes Yes 5 Andrew Friedlich 131 Yes Yes Yes Yes Yes Yes Yes 5 Anthony Galaitsis 132 No Yes Yes Yes Yes Yes Yes 5 Sarah Higginbotham 313 Yes Yes Yes Yes Yes Yes Yes 5 SalvadorJaramillo 322 Yes Yes Yes Yes Yes Yes Yes 5 Aneesha Karody 145 Yes Yes Yes Yes Yes Yes Yes 5 Steven Kaufman 134 Yes Yes Yes Yes Yes Yes 5 Pamela Lyons 135 Yes Yes Yes Yes Yes Yes Abstain 5 Jerold Michelson 136 Yes Yes Yes Yes Yes Yes Yes 5 Rita Pandey 138 Yes Yes Yes Yes Yes Yes 5 Marc SaintLouis 139 Abstain Yes Yes Yes Yes Yes 5 Melanie Thompson 140 Yes Yes Yes Yes Yes Yes Yes 5 Masha Traber 141 Yes Yes Yes Yes Yes Yes Yes 5 Lin Xu 143 Yes Abstain Yes Yes Abstain 5 Lily Yan 43 Yes Yes Yes Yes Yes Yes Yes 5 John Zhao 144 Yes Yes Yes Yes Yes Yes Yes 6 Thomas Barry 458 Yes Yes Yes Yes Yes Yes 6 Sara Bothwell Allen 147 Yes Yes Yes Yes Abstain Yes Yes 6 Margaret Counts-Klebe 149 Yes Yes Yes Yes Yes Yes Yes 6 Jodia Finnagan 315 Yes Yes Yes Yes Abstain No Yes 6 Andrea Fribush 151 6 Edmund Grant 152 Yes Yes Yes Yes Yes Yes Yes 6 Jonathan Himmel 153 Yes Yes Yes Yes Yes Yes Yes 6 Frederic Johnson 154 Yes Yes Yes Yes Yes Yes Yes 6 Mort Kahan 155 Yes Yes Yes Yes Yes Yes Yes 6 Jyotsna Kakullavarapu 259 Yes Yes Yes Yes Yes Yes Abstain 6 113rian Kelley 156 Abstain Yes Yes Yes Yes Yes Yes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 6 Innessa Manning 159 Yes Yes Yes Yes Yes Yes Yes 6 Bridger McGaw 160 Yes Yes Yes Yes Yes Yes Yes 6 Dawn McKenna 161 Yes Yes Yes Yes Yes Yes No 6 Dinesh Patel 163 Yes Yes Yes Yes Yes Yes Yes 6 Deepika Sawhney 164 Yes Yes Yes Yes Yes Yes Yes 6 Taylor Singh 212 Yes Yes Yes Yes Yes Yes Yes 6 Deborah Strod 165 Abstain Yes Yes Yes Yes Yes Yes 6 Eran Strod 421 Yes Yes Yes Yes Yes Yes Yes 6 Vinita Verma 166 No Yes Yes Yes Yes Yes Yes 6 Ryan Wise 459 Yes Yes Yes Yes Yes Yes Abstain 7 Marsha Baker 194 Yes Yes Yes Yes Yes Yes Yes 7 Christian Boutwell 148 Yes 7 Mary Burnell 196 Yes Yes Yes Yes 7 Patricia Costello 197 Abstain Yes Yes Yes Yes Yes 7 Robert Creech 198 Abstain Yes Yes Yes Yes Yes Yes 7 Sara Cuthbertson 329 No Yes Yes Yes Yes Yes Yes 7 Harry Forsdick 200 Yes Yes Yes Yes Yes Yes Yes 7 Mary Hamilton 201 No Yes Yes Yes Yes Yes Yes 7 Philip Hamilton 202 Yes Yes Yes Yes Yes Yes Yes 7 Stacey Hamilton 203 Abstain Yes Yes Yes Yes Yes Yes 7 Pam Hoffman 204 Yes Yes Yes Yes Yes Yes Yes 7 David Kanter 267 Yes Yes Yes Yes Yes Yes Yes 7 Vikas Kinger 205 7 Ravish Kumar 206 7 Samita Mandelia 207 Abstain Yes Yes Yes Yes Yes 7 Raul Marques-Pascual 208 Yes Yes Yes 7 Tina McBride 209 Yes Yes Yes Yes Yes Yes 7 Leonard Morse-Fortier 317 Yes Yes Yes Yes Yes Yes Yes 7 Robert Peters 210 Yes Yes Yes Yes Yes Yes Yes 7 jUmeshShelat 211 1 Abstain Yes Yes Yes No Abstain No 7 1 Pamela Tames 316 1 Yes Yes Yes Yes Abstain Yes Yes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 8 Robert Avallone 214 Abstain Yes Yes Yes Yes Yes Yes 8 Becky Barrentine 215 Yes Yes Yes 8 Lauren Black 216 Yes Yes Yes Yes Yes Yes Yes 8 Victoria Buckley 177 Yes Yes Yes Yes Yes Yes Yes 8 Shailesh Chandra 217 Yes Yes Yes Yes Yes Yes Yes 8 Gang Chen 218 Yes Yes Yes Yes Yes Yes 8 Margaret Coppe 240 Yes Yes Yes Yes Yes Yes Yes 8 Margaret Enders 219 Yes Yes Yes Yes Yes Yes Yes 8 Alix Fox 423 Yes Yes Yes Yes Yes Yes Yes 8 Betty Gau 220 Yes Yes Yes Yes Yes Yes 8 Lin Jensen 222 Yes Yes Yes Yes Yes Yes Yes 8 Alan Levine 39 Yes Yes Yes Yes Yes Yes Yes 8 Brielle Meade 224 No Yes Yes Yes Abstain Yes Yes 8 James Osten 225 Abstain Yes Yes Yes Yes Yes 8 Sanjay Padaki 38 No Yes Yes Yes Yes Yes Yes 8 Dahua Pan 324 Yes Yes Yes Yes Abstain Yes No 8 Andrei Radulescu-Banu 226 Abstain Yes Yes Yes Yes No Yes 8 Sudhir Ranjan 422 Yes Yes Yes Yes Yes 8 Wendy Reasenberg 227 No Yes Yes Yes Yes Yes Yes 8 Jessie Steigerwald 228 Yes Yes Yes Yes Yes Yes Yes 8 Weidong Wang 230 Yes Yes Yes Yes Yes Yes Yes 9 Alice Adler 233 Yes Yes Yes Yes Yes 9 Mark Andersen 146 9 Hemaben Bhatt 234 No Yes Yes Yes Yes Yes Yes 9 Victoria Blier 235 Yes Yes Yes Yes Yes Yes Yes 9 Scott Bokun 236 No Yes Yes Yes Yes Yes Yes 9 Scott Burson 319 Yes Yes Yes Yes Yes Yes Yes 9 Jeanne Canale 237 Yes Yes Yes Yes Yes Yes Yes 9 Richard Canale 238 Yes Yes Yes Yes Yes Yes Yes 9 Rodney Cole 239 Yes Yes Yes Yes Yes Yes Yes 9 IThomas Fenn 241 1 Yes I Yes I Yes I Yes I Yes I Yes IYes On November 2,2022 STM3-3: Establish, Dissolve and STM3-11: STM3-13: Appropriate To Appropriate Technical and From STM3-4:Amend for Center Correction- Specified FY2023 Operating STM3-9: Streetscape General Stabilization Enterprise and Opioid Sidewalk Bylaw(Fossil STM3-14:LexHab Attendance:Check-in Funds CPA Budgets Settlement Extension Fuel) Reorganization Pct Name ID 9 Mollie Garberg 242 Abstain Yes Yes Yes Yes Yes Yes 9 Kimberly Hensle-Lowrance 320 Yes Yes Yes Yes Yes Yes Yes 9 Philip Jackson 243 No Yes Yes Yes Yes Yes Yes 9 Ethan Kiczek 433 Yes Yes Yes Yes Yes Yes Yes 9 Sue Kingsbury 428 9 Vineeta Kumar 92 9 Suzanne Lau 244 No Yes Yes Yes Yes Yes Yes 9 Janet Perry 176 Yes Yes Yes Yes Yes Yes Yes 9 Lisah Rhodes 249 Yes Yes Yes Yes Yes Yes Yes 9 Michael Schroeder 426 No No No 9 Thomas Shiple 250 Yes Yes Yes Yes Yes Yes Yes 132 172 170 175 157 163 164 16 0 0 1 5 3 5 21 3 2 2 15 10 8 169 175 172 178 177 176 177 Pass Pass Pass Pass Pass Pass Pass