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HomeMy WebLinkAbout2025-08-18 SB-minSELECT BOARD MEETING Monday, August 18, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, August 18, 2025, via a hybrid meeting platform. Ms. Hai, Chair; Mr. Pato, Mr. Lucente, Mr. Sandeen, and Ms. Kumar, were present, as well as Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 10: Discuss Trade Secrets or Confidential, Competitively-Sensitive, or Other Proprietary Information - Community Choice (Electricity) Low Income Solar VOTE: Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive Session at 6:33pm. Under Exemption 10: Discuss Trade Secrets or Confidential, Competitively-Sensitive, or Other Proprietary Information - Community Choice (Electricity) Low Income Solar. Further, to declare that an open meeting may adversely affect conducting business relative to other entities making, selling or distributing energy. The Board returned to open session at 6:45pm PUBLIC COMMENTS Peter Kelley, 24 Forest Street, expressed disappointment to see the most significant project Lexington, the Lexington High School Project, is scheduled for a presentation in the third week of August. The Town is currently emptier than it is at the holiday season. As the Board considers these critical issues, he asked that to take all residents across all income status into consideration when making decisions for this project. Olga Guttag, former School Committee member and Emerson Road, asked the Board to urge the School Building Committee to propose a more affordable plan for the much needed high school project. She expressed concern that if the debt exclusion vote passes for the bloom design and new family housing is built, the Town will face operating overrides beyond Prop 2 ½ within 4-5 years, and likely beyond. The Town also faces risks from federal policies, inflation, tariffs, delays, and supply issues. She asked that the Board demand a plan B for the project, capped at something around $400M, that would still deliver excellent education. Dawn McKenna, 9 Hancock Street, stated that when she served on the Select Board, one of her biggest interests was funding alternative revenues for the Town. She reminded the Board that it has continuously made choices not to invest what it should in tourism in order to fully expand the vision put forward years ago. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Pato noted that the Commission on Disabilities will be seeking a Warrant Article for the Annual Town Meeting. He also announced that the first Sunday T service will begin this Sunday, August 24, 2025. Mr. Lucente stated that last Saturday morning, Lexington was honored to host the America 250: Our American Story event on the Visitor Center lawn. He thanked Town Staff involved in the event. Ms. Kumar stated that Council of the Arts is actively working on the next Porch Festival scheduled for September 27, 2025, from 1pm-5pm. Also, the Housing Planning Board is working on a plan to focus on the Select Board’s objectives. She, Mr. Pato, and Mr. Sandeen were invited to the Indian Americans of Lexington celebration of India's Independence Day. Mr. Sandeen stated that the Affordable Housing Trust will meet later this week to finalize their proposed goals, which will then need to be approved by the Select Board. Also, the Bicycle Advisory Committee will be hosting a ceremony honoring Peggy Enders as a LexSeeHer living legend, on Saturday, August 23rd at 1pm, at the LexSeeHer monument. DOCUMENTS: Liaison Reports-Joe Pato-2025-08-18 TOWN MANAGER REPORT 1. Town Manager Weekly Update Ms. Axtell thanked the community partners involved with the America 250: Our American Story event. CONSENT AGENDA 1. Approve: One-Day Liquor License - Off Beat Tap Company, 1403 Massachusetts Avenue Seasonal Suites Tap Dance Event reception: Friday, August 22, 2025 To approve a One-Day Liquor License for the Off Beat Tap Company to serve to serve beer and wine for the purpose of the Seasonal Suites Tap Dance event reception, on Friday, August 22, 2025 from 7:00 pm - 9:00 pm at the Monroe Center for the Arts, 1403 Massachusetts Avenue. DOCUMENTS: Building Layout 2. Approve: One-Day Liquor License - Spectacle Management, Inc., 1605 Massachusetts Avenue Fall Concert Series at Cary Memorial Building: o Thursday, September 18, 2025 - Mother of Comedy Show o Friday, October 3, 2025 - Vitamin String Quartet o Sunday, October 5, 2025 – Illuminate o Friday, October 10, 2025 - Juston McKinney o Sunday, October 12, 2025 - Pink Martini o Sunday, October 19, 2025 - Colin and Brad To approve six One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine at Cary Hall, 1605 Massachusetts Avenue, during the Fall Concert Series on September 18, and October 3, 5, 10, 12, and 19, 2025, from 6:00 PM to 10:00 PM. 3. Approve: One-Day Liquor License - Galaray House, 1720 Massachusetts Avenue First Friday Monthly Artist Reception: Friday, September 5, 2025 To approve a One-Day Liquor License for Galaray House to serve beer and wine at 1720 Massachusetts Avenue on September 5, 2025, from 6:00 PM to 8:00 PM. 4. Approve: License for Public Entertainment on Sunday - Friends of Lexington Bikeways Bikeway Block Party: Arts, Culture and Music Community Festival - Sunday, September 14, 2025 To approve a License for Public Entertainment on Sunday for the purpose of musical performances during the Bikeway Block Party on Sunday, September 14, 2025 from 10:00 AM - 5:00 PM. There will be musical performances at Emory Park, Bow Street Park & Tower Park. DOCUMENTS: 2025 Bikeway Blockparty Schedule 5. Approve: Annual Theater License Renewal - Lexington Venue Hastings Cinema Project, Inc d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 theaters) To approve the application and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2025 through August 31, 2026. 6. Approve: 'Friends of Lexington Bikeway' Request to Place Signage on Minuteman Bikeway in Advance of the Bikeway Block Party Event To approve the request from Friends of Lexington Bikeway to place temporary lawn signs along the Minuteman Bikeway beginning on or around September 1, 2025, to promote the Bikeway Block Party on Sunday, September 14, 2025, with the understanding that the signs will be removed promptly following the event. DOCUMENTS: Bikeway Block Party - Signage Request, Lawn Sign - Bikeway Block Party 2025 7. Approve: Select Board Committee Appointments To appoint Elizabeth Wenrong Xu to the Town Celebrations Subcommittee, effective immediately. To appoint Ashley E. Rooney as a full member of the Town Celebrations Committee, effective immediately. 8. Approve: Select Board Committee Appointment Term Correction Transportation Advisory Committee - Jeremy M. Bowman To accept the correction of Jeremy M. Bowman’s term expiration date on the Transportation Advisory Committee from September 30, 2025 to September 30, 2027, effective immediately. 9. Approve: Town Manager Committee Appointment Youth Commission - Anthony Mabardy To confirm the Town Manager's appointment of Anthony Mabardy to the Youth Commission with a term set to expire April 30, 2028. DOCUMENTS: Mabardy-application, Mabardy-resume 10. Approve: Select Board Minutes To approve and release the following minutes: July 16, 2025 Joint Meeting July 17, 2025 Select Board Goals Retreat DOCUMENTS: DRAFT 071625 Joint Housing Meeting minutes, DRAFT 071725 Select Board Retreat minutes VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda, as presented. ITEMS FOR INDIVIDUAL CONSIDERATION 3. Approve: Low Income Community Choice Solar Arrangement – The Board addressed this item at this time. Ms. Hai explained that the Board was presented the details of the agreement for the Low Income Solar for Community Choice during Executive Session. The request is for a Board vote to move forward with the agreement with the ability make minor edits as required by DOER’s and DPU’s review of the contract. Maggie Peard, Sustainability and Resiliency Officer, explained that this will allow the Town to work with a solar developer who will give the Town a share of the incentive for solar, as it will be attributed to low income residents through the Community Choice Program. This will allow the Town to give a discount on the electricity supply to Lexington residents on the low income electric rate. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve and authorize the Town Manager to execute the Low Income Community Shared Solar agreement with the ability make minor edits as required by DOER’s and DPU’s review of the contract. DOCUMENTS: Memo to Lexington Select Board re Municipal Aggregation LICSS Agreement 1. Application: Liquor License Change of Manager Amendment - Lexington Lodge #2204B.P.O.E Ms. Hai explained that the Lexington Lodge of Elks has submitted all the necessary paperwork needed to request a change of manager to be Steven Lydon on their All Alcohol Club Liquor License. The proposed manager, Steven Lydon, has submitted a current Alcohol Awareness Training Certificate and the required CORI check has been completed. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve the application from Lexington Lodge #2204 B.P.O.E for a Change of Manager and, once approved by the ABCC, issue the updated 2025 Club Liquor License to Lexington Lodge #2204 B.P.O.E, with Steven Lydon named as Manager. DOCUMENTS: Elks Change of Manager application 2. Lexington High School Project Presentation School Building Committee Vote Regarding Submission to MSBA Ms. Axtell stated that the Board will hear an update on the vote that occurred at today's School Building Committee meeting. The Board will also hear a presentation as an update to share information from the completed Integrated Building Design Schematic Phase Report. Carolyn Kosnoff, Assistant Town Manager for Finance, will then give an overview regarding how she intends to model the financial impacts as they relate to the high school project. This will require the Board's direction as to whether the current methodology and assumptions are acceptable. Ms. Kosnoff will then proceed to update the debt projections and taxpayer impacts with the final cost estimates. The team explained that today was a School Building Committee vote to submit the schematic design package, which was shared on August 4th with members of the School Building Committee. On August 28, 2025, the package will be submitted to the Massachusetts School Building Authority, and the project is on the agenda for the end of October MSBA Board meeting. At that time, the project will be considered by the MSBA and the MSBA grant which the MSBA will use to financially participate in the project. The hope is to then start construction in June 2026, with a move-in date of fall 2029. The existing school will be removed, and other items will be finished by the end of 2030. Presentation of Integrated Building Design Schematic Phase Report The chief civil engineer for the project explained that, regarding Article 97, the anticipation is to upload to the Public Land Preservation Act portal next Friday, August 29th. Regarding the MEPA schedule, last Friday, August 15th, the expanded ENF was filed. This will lead to the project being published in the environmental monitor this Friday, which starts the public comment period. If the State decides to keep with its public comment period timeline, this will close on September 11th, and the Secretary will issue a certificate on the 22nd. The final filing will likely begin at the start of next year. It is likely that the public comment period will be extended. The project architect and designer reviewed the building and site design. The Director of Sustainable Design for the project reviewed the Integrated Building Design and Construction Policy. The project is pursuing LEED status under the policy. It is currently at Gold Certification, aspiring for Platinum. As part of the Lexington policy, 4% of the parking spaces will have EV stations installed. The project is designed to have future readiness for up to 50% of EVs. The project is proposed for Net Zero energy use. The site will have all-electric, zero emissions. The plan is to avoid the use of Red List substances on the project, except where no practical alternatives are available. The preferred schematic report (PSR) showed a total project cost, which is made up of the construction costs and soft costs, of $662M. At the end of schematic design, this has been reduced approximately 2.4% to $659.7M. This number includes the increased target for solar. The MSBA grant is approximately $111M. These number are subject to change once the package is submitted on August 28th. A presentation will be made to the School Committee on August 26, 2025, as the MSBA requires a School Committee vote, as well as a School Building Committee vote for the submission. There are two community meetings scheduled on September 18, 2025 and October 14, 2025 at 6:30pm. The dates for Special Town Meeting are November 3 & 4, 2025, and the debt exclusion vote will occur on December 8, 2025. Update on Preliminary Financial Modeling Ms. Kosnoff explained that the total project budget is currently $659.7M. The MSBA Grant, Mass Save funding, and lab contributions will be coming off the amount that the Town is responsible for. The timing for Mass Save is tricky, as the rebate will likely not be available until after the building is built and occupied. By that time, the Town will have already issued its debt service. In order to model this and be conservative, she plans to not take into account that piece of the rebate. This will lead to modeling the Town’s contribution of the project cost at $547.7M. For the projection of the Capital Stabilization Fund, she would then show the $4.5M as going back into the fund towards the peak of debt service. In order to do this, she will need to make an assumption regarding how the Town will apply the Capital Stabilization Fund. In presenting a taxpayer impact model, the intention is to show the incremental cost of what the high school will cost the taxpayer over the life of the project. The debt service attributable to the new growth that the Town has been setting aside will be paid within the tax levy, or $6.5M of the project, even though the entire amount will be voted as excluded debt. When this is modeled, it will be assumed that the $6.5M will be paid within the tax levy each year. The intention is to assume that the breakout between the residential and commercial valuation is static over the years, though this may not be reality. In response to a question from Mr. Sandeen, the team stated that they are not requesting any exemptions from the Integrated Building Design and Construction Policy at this time. Mr. Sandeen noted that the number one priority of the Integrated Building Design and Construction Policy is health. This means delivering excellent indoor air quality which depends on three issues: ventilation, use of healthy materials, and filtration. The design team has set excellent ventilation standards for this project. He stated that he would like to make sure Red List materials are not used in places such as the cafeteria, kitchen, classrooms, hallways, libraries, auditorium, gymnasium, etc. He noted that the plans mention both MERV 8 and MERV 13 filters, but he does not believe MERV 8 complies with the Town policy. The design team noted that the MERV 8 is not the main filter but would be used as a secondary filter to the MERV 13. Mr. Sandeen spoke in favor of the design team maximizing the on-site renewable energy. This will help maximize the Town’s economics. Reducing the size of the solar energy system to 3.5 megawatts, for example, would reduce the value to the Town by $28M over 30, years, and would dramatically increase the amount of the Town's Eversource bill by $18M-$19M. Mr. Pato agreed that the Red List is important in terms of prioritizing quality healthy air and environment for the building. In terms of choosing between equally healthy materials, cost will be a large driver. He will not be interested in choosing an unhealthy material, either for aesthetics or on an inconsequential cost basis. In terms of modeling, he is comfortable recognizing that the Town will be receiving incentives, but these will not be captured in the reductions. It should be made clear to residents that the Town is pursuing every opportunity for revenue incentives but is not trying to state that these are currently available or the timing as to how they would be applied. The model should leave these aside. He stated that he is comfortable with the bond terms for the split term., with a true interest cost at 4%. He believes it is appropriate to stick with the median home value, instead of the average. Ms. Hai agreed with sticking with the median and keeping with what the Town has done in the past. In terms of the infrastructure, she suggested a footnote that the Town is pursuing all available avenues and opportunities but not calling anything out specifically. Regarding the fields on the site, the team explained that there has been a detailed process with the Recreation Committee and the High School Athletics Department to consider all the different uses of the fields. The proposal represents replacement of the existing fields, in-kind, with the exception of Little League being moved permanently off site. The Center Rec playground will be renovated soon and is not included as part of this project. In response to a question from Ms. Hai regarding the lab space, Brian Black, Architect with SMMA, explained that the existing lab space in the high school is 6,314 s.f., and the project will increase this to 12,945 s.f. If the MSBA deems the lab space as eligible, it will participate in the cost of the square footage proposed up to a certain limit. Mr. Lucente asked about the courtyard being on level three and potential leaks for the levels below. The design team explained that the walking surface of the courtyard will be on a platform. The roof will be pitched to drains. The intention is to take every measure possible to prevent the possibility of leaks and to have a system that can monitor this. The goal is to create a robust roof system that will be tested prior to any materials placed on it. Mike Cronin, Director of Facilities, stated that the system being designed and proposed will allow for maintenance and will prevent water infiltration to the spaces below. Mr. Lucente stated that it will be important to express to the public what will it cost to maintain the new building, compared to its predecessor. Mr. Kumar asked about the three floors of glass facing the south and any additional energy needs this may create. The design team stated that the amount of glass has been budgeted for the project. The glass in this area represents 25% of the overall enclosure. Ms. Hai asked for public comment. Cindy Arens, 7 Kitson Park Drive and Chair of the Sustainable Lexington Committee, echoed the comments regarding the importance of the Red List and making sure that this is a healthy building, not just in terms of the operational aspect, but what students and staff are exposed to in terms of toxics and air quality. She stated that she would like to see more about the embodied carbon data. She thanked the design team for its work maximizing solar on the site. She stated that she understands not wanting to promise certain tax credits to residents, but believes this is still an important thing to track. Bridger McGaw, Precinct 6, stated that residents have been requesting operational cost estimates for almost two years. There are numerous examples of 490,000 s.f. buildings that have been constructed which are educational in nature, and the associated data. This information should be acquired by the team. This would allow for a way to communicate the potential costs to the community. Olga Guttag, former School Committee member and Emerson Road, explained that flooding is an issue with the proposed building site, particularly with the newly defined FEMA floodplains. The Conservation Commission should weigh in on these issues. It is unclear why this is being bypassed on this project. Peter Kelley, 24 Forest Street, stated that he does not have anything positive to say about the Bloom design. The EEA requirements include a unanimous vote of both the Select Board and the Conservation Commission to support an action for Article 97 relief. The Board, which has a responsibility to all its citizens, has not yet taken a roll call vote as to whether each member wants to support Bloom. He stated that Augustus Scott owned the land that the Town is planning to build Bloom on. Just before he passed away, he deeded the land to the Town in a contract. This contract should be considered and the only thing to be built on this land should be a monument to Augustus Scott. Dawn McKenna, 9 Hancock Street, expressed concern with the Board holding these critical discussions during the part of the summer when most people are away or focusing on school. She echoed Mr. Kelley’s concerns regarding the Article 97 vote, which is divisive to the community. She asked how the Town can certify that there are no alternatives, when other alternatives have never truly been considered. She expressed concern regarding moving Little League off these fields. So many other issues have been addressed that it should be possible to address this one as well. DOCUMENTS: LHS update. SelectBoard, Reference - Integrated Building Design and Construction Policy, LHS Debt and Taxpayer Impact Assumptions The Board took a five minute recess. 4. Approve: Waste Regulations and Bulky Item Fee Maggie Peard, Sustainability and Resiliency Officer, presented an update for both the bin limits and bulky items fees. The proposed implementation date is February 1, 2026, for the bin limit change to give time for notifications and to allow people to have more bins for the holiday season. The bulky item fees proposed implementation date is July 1, 2026, as collection is already in the budget for FY26. Mr. Lucente asked how to make sure larger families do not feel excluded during the transition period. He suggested moving all of the changes to July 2026. Ms. Peard stated that education will be important for the rollout period. The bin limit is proposed first as an incremental step toward hybrid pay-as-you-throw. The incremental step would be lost if this date is changed. Mr. Sandeen mentioned that the survey reported that households put out many differently sized bins and that it is often the case that those bins are not full. He suggested that some households could choose to use larger bins than they are currently using and that this would likely increase the percentage of households who would be able to work within a 2 bin limit. Ms. Kumar agreed with Mr. Lucente on making the program equitable for all. Ms. Kumar noted that there could be case-by-case exceptions considered for this small percentage of the population. Ms. Hai stated that she would like to see this suggestion included in the language of the policy. She stated that she views one set of policy changes as more palatable. There was agreement on the Board to move forward with the bulky fee item, with an implementation date projected of July 1, 2026, and a request for Staff to come back with regulations that include a recommendation regarding how to handle exceptions. Peter Kelley, 24 Forest Street, suggested that the Board allow the citizens decide if they would like to see this through a pay-as-you-throw system, or keeping it in the tax levy. Dawn McKenna, 9 Hancock Street, stated that the people who will be harmed by this are those with lower incomes, and more children. Changing the number of bins from six to two is a huge change, but it may be reasonable to change the number of bins from six to four. Many people may not be able to place more in a bun and still carry it to the curb. She is frustrated that residents have made comments on this previously, but the existing proposal is the same. The Board is the policy maker and can determine if changes need to be made. Olga Guttag, former School Committee member and Emerson Road, stated that she normally puts out one bin. However, during special events, the two barrel limit would not work. She suggested a limit per the State or stickers for households when additional bins are needed. She asked that trash collection not be removed from the tax base. John Hilton, 2543 Mass Ave, stated that the proposal includes a request appropriation for standard waste carts, which he assumes means automated trash collection. He is concerned with being able to drag the bins to the curb. He has not heard any discussion regarding accommodations for people with disabilities, particularly mobility disorders. Ms. Peard stated that this would be part of the hybrid pay-as-you-throw decision, including moving to a standard bin size. This concern would be a consideration in the implementation plan. There is no requirement at this time for residents to move to a certain bin size. Lin Jensen, 133 Reed Street and member of the Sustainable Lexington Committee, stated that there are many in Town that have been part of the waste reduction effort for many years. These residents are fully in support of the presentation and the suggestions and the task force. Mark Lang, 2 Opi Circle, asked about multifamily units or accessory dwelling units without dumpsters. Ms. Peard explained that the regulations would be per dwelling unit. If an ADU or two-family unit were separate, each would have a two bin limit. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to accept the July 1, 2026, bulky fee item list and implementation date, as presented this evening. DOCUMENTS: Bulky Items and Waste Regulations, Resident and solid waste redline 5. Approve: Solar Canopy Integration Policy Ms. Peard presented the updated Solar Canopy Integration Policy to the Board. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to approve the Capital Projects & Solar Canopy Integration Policy as presented. DOCUMENTS: DRAFT Capital Solar Integration Policy, DRAFT Capital Solar Integration Policy 6. Presentation: Semiquincentennial Commission (Lex250) Patriot's Day Weekend Report Mona Roy, Semiquincentennial Commission Chair; Noah Michelson, Lex250 Commission; Bridge McGaw, Lex250 Commission, presented to the Board a post-event report to the Board regarding the 2025 Patriot's Day Weekend celebrations. She noted over the course of 6 days of events from April 17-22, 2025, the Town of Lexington hosted over 100,000 people from all over the world while garnering millions of media impressions and creating new opportunities for visitors and residents to connect with the history of the Battle of Lexington and founding of our Country The Board expressed support and thanks to all of those involved. Dawn McKenna, 9 Hancock Street, stated that the ceremony uplifted and unified the community, while also raising revenues. This is the point of the Tourism Committee and should be carried forward. She noted that, during the Bicentennial, the overall visitor ship to the areas was raised by about a million people, and that has never gone down. She stated that the path of the parade route around the Minute Man statue could be clarified. VOTE: Upon motion duly made and seconded, the Select Board voted 5-0 to accept the report from the Semiquincentennial Commission. DOCUMENTS: Presentation, Lex 250 Report 7. Review: Draft Select Board Report for FY25 Annual Town Report The Select Board reviewed the draft of Select Board's Report submission for the Fiscal Year 2025 (July 1, 2024 - June 30, 2025) Annual Town Report. There was agreement to send comments along to Ms. Katzenback for inclusion. An edited draft will be placed on the September 8, 2025, Select Board meeting for review and approval. DOCUMENTS: DRAFT Select Board Report for FY 2025 Annual Town Report ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:08p.m. A true record; Attest: Kristan Patenaude Recording Secretary