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Home My WebLink About2022-05-09 SB Packet - Released SELECT BOARD MEETING Monday, May 9, 2022 C onducted by Remote P articipation* 7:00 P M AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minute s fo r c o mment. M emb ers o f the B o ard will neither c o mment no r re s p o nd, o ther than to ask questions of clarif'ication. Speakers are encouraged to notify the Select Board's Office at 781-698- 4 5 8 0 if they wis h to s p eak during p ub lic c o mment to as s is t the C hair in managing me eting time s. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports TOWN MANAGER REPORT CONSENT AGENDA 1. D e s ignate S emiquinc entennial C o mmis s io n(L ex2 5 0) C hair 2. Approve and S ign Eagle S cout Commendation Letters • Andrew Ko c hi • Neel Meyyur 3. Approve One-Day Liquor Licenses 4. Approve S elect Board Meeting Minutes 5. Battle Green Use and Parade Requests - Town Celebrations Committee - REQUES T WITHDRAWN 6. P lac ement o f F lags at Memorial P laques on Battle Green for Memorial Day 7. Water and S ewer C ommitments and Adjustments 8. S elect Bo ard C ommittee Resignation ITEMS FOR INDIVIDUAL CONSIDERATION 1. R eo rganizatio n o f the B o ard 7:l Op m 2. Grant of Location for National Grid - 15 Banks Avenue 7:15pm 3. Acc eptanc e o f Bench Donation- S utherland P ark 7:25pm 4. Farmers' Market Winery Request- House Bear Brewing 7:30pm 5. Lexingto n F armers' Market- R ec ap o f 2021 and P review o f 2022 Markets 7:3 Sp m 6. National S c enic Byway Grant App lication for the Battle Road S c enic Byway 7:45pm 7. Battle Green Use Request- Lexington Historical S ociety 7:SOpm 8. Review and Approve Response to Liquor License Compliance Check Violation 7:SSpm 9. Discuss Hosmer House Request for Proposal(RFP) Submission B:OOpm 10. Discuss S elect Board In-P erson Meetings 8:15pm 11. Discuss S elect Board Liaison Assignments & Responsibilities 8:35pm ADJOURN 1. Anticipated Adjournment 8:45pm *An Act Extending C ertain C O VID-19 Measures: http s://www.mas s.gov/s ervic e-details/up dated- guidance-on-holding-meetings-pursuant-to-the-act-extending-certain-covid-l9-measures Membe�s of the public can view the meetz'ng webina�f�om thei�compute�o�tablet by clicking on the following link at the tz'me of the meeting: https://us06web.zoom.us/j/86279696277?pwd=UU 1 S elAwL 1 VzWkdO clU2YytpVVBzdz09 iP ho ne o ne-tap: +13017158592„86279696277# or+13126266799„86279696277# Telephone:+1 301 715 8592 or+1 312 626 6799 or+1 929 436 2866 or+1 253 215 8782 or+1 346 248 7799 or+1 669 900 6833 Webinar ID: 862 7969 6277 Passcode:271858 The next regularly scheduled Work session of the S elect Board will be held on Monday, May 16, 2022 at 7:OOp m via remo te p artic ip atio n. The next regularly scheduled meeting of the S elect Board will be held on Monday, May 23, 2022 at 7:OOpm. The participation method is T BA. Hea�ing Assistance Devices Available on Request �� All agenda time and the o�de�of items a�e app�ximate and � � �,�,,, subject to change. Recarded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Select Board Member Concerns and Liaison Reports PRE E TER• ITEM S N . NUMBER: S elect Board Members LR.1 S UMMARY: Please see the attached Select Board Member Concerns and Liaison Reports for the May 9, 2022 meeting. Und er this item, S elec t B o ard Memb ers c an als o c o mment o n any additio nal p o ints and c o nc erns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � ��:n��.�c,��.��c��'��:��m��.�....,��,,,,, IC��"��"�,�, .��G��:�� .�� Select Board Concerns and Liaison Reports— May 9, 2022 Jill Hai: MAGIC • The annual legislative breakfast will be held Friday June 3, 8:30-10:30am at the Sanctuary in Maynard in person. • Update on next generation climate ROADMAP was presented. Detailed slides available on website- https://netzeroma.or� • Nashoba Regional Greenways—looking to drive pedestrian and bike friendly elements of shared streets and connections between and among the many bike paths and trails of our region with community centers and transportation. Supporting ensuring that at least the Battle Road related towns are completed by 2025. Check out more at https://www.nr�reenway.or� Special Permit Residential Development(SPRD)Zoning Bylaw Amendment Ad Hoc Committee • Met again S/4; looking to begin outreach meetings in small groups as first stage. Will be producing examples of alternative developments that could/would be allowable under revised bylaw using existing permitted SPRD lots. Dou� Lucente: Town Celebrations Committee • Planning is underway for Memorial Day celebrations. Tourism Committee • Committee voted to support the concept plan presented by Mark Connor regarding the Hosmer House remaining in Fletcher Park. • Committee discussed with the Arts Council the possible painting of the Visitors Center electric utility box near the Bike Path. Lexington Center Committee • Held their first in-person meeting since the pandemic.The Committee discussed design concepts for the CVS parking lot. Ad Hoc Stone Building Feasibility/Re-Use Committee • Stone Building Committee held its final Public Forum.They are finalizing their report of findings and recommendations. They will be presenting their report to the Library Trustees on May 18th and then to the Select Board on May 23rd. Monuments and Memorials Committee • The committee is partnering with a local youth group, Lexington Youth STEM Team and the Town's GIS Administrator,Judy Baldasaro, with the continued collection of data for the Monuments and Memorials database. Excellent progress has been made.The results of their collective work can be found here: I � . r i � i i ri I? i � • Future efforts will be made to create a user interface that would potentially be used within the Visitors Center. • LexSeeHer Project- On April 7th,the committee voted 6-0 to approve the concept and design of the LexSeeHer monument, "Something is Being Done.", and the committee voted 6-0 not to approve the proposed location, but urged the LexSeeHer Steering Committee to consider joining a small working group of key stakeholders to visit other possible sites and try to arrive at an alternate location. On Thursday,April 14, a small working group assembled and closely examined a number of potential sites.After three hours of examination and discussion, it was agreed that LexSeeHer would consult with their artist, landscape designer, donors, etc to consider if they were interested in continuing the review of some or all these alternate locations. As of Thursday,the M&M committee has not heard back from the LexSeeHer group on their decision. Other • LHS/Recreation Land Use Working Group-The working group had a meeting on April 26, 2022. Plans for a future meeting will include a site visit. Additionally,the group discussed having a community forum to hear feedback from residents on a variety of potential high-level designs for using the land. • Future Hybrid Board/Committee Meetings-Joe Pato and Doug Lucente are meeting on Friday, May 6, 2022,to have an initial discussion on the future use of hybrid technology for public board and committee meetings.We will review possible platforms and procedures for conducting hybrid meetings. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Designate Semiquincentennial Commission (Lex250) Chair PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.1 S UMMARY: I n ac c o rd anc e with the c harge fo r the S emiquinc entennial C o mmis s io n(L ex2 5 0), it is the re s p o ns ib ility o f the S elec t B o ard to d e s ignate a C hair to the C o mmis s io n. At its Ap ril 2 7, 2022 me eting, the S emiquinc entennial C o mmis s io n(L ex2 5 0)vo ted to rec o mmend that S uzie B arry b e named C hair o f the C o mmis s io n. S he is currently serving as the Acting Chair. SUGGESTED MOTION: To designate Suzie Barry as the Chair of the S emiquincentennial Commission(Lex250) effective immediately. Move to approve the consent. FOLLOW-UP: S elec t B o ard O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � ��:n��r��:��:m��m��.��:.��r��r��...��rc`��:..��;�:�, .��G��:�� :�� COMMITTEE CHARGE Semiquincentennial Commission (Lex250) Members: 11 Members Appointed by: Select Board Length of Term: Following the completion of all planned activities in 2026. Meeting Times: As determined by the Commission. Provide for a minimum of three community meetings (one daytime/one evening/one weekend day) to solicit public comment within the first 18 months of the Commission's formation. Description: To evaluate, make recommendations and coordinate the Town-wide activities to be held to commemorate the 250th Anniversary of the Battle of Lexington (which will take place in April 2025) and other historical events related to the founding of our Country. And to further the coordination of the Town's events with local, state, regional and federal events. Deliverables: As part of its study and investigation, the committee shall develop a comprehensive plan for celebrating and promoting the 250th anniversary of the Battle of Lexington to include: 1. Identify funding needs 2. Identify potential sources of funding including but not limited to: a. Commemorative Memorabilia b. Public/Private Partnerships c. Gifts and Grants (private, State and/or Federal) 3. Identify opportunities for individuals or organizations to participate in celebrations with a commitment to diversity, inclusiveness, and opportunity at all levels and activities 4. Investigate opportunities for a possible permanent memorial 5. Transportation-related issues 6. Marketing and communication 7. Determine what sub-committees or additional staffing requirements (event planning) may be necessary and seek proper approval from the Select Board 8. Updates will be presented to the Select Board at least Quarterly. Criteria for Membership: Appointments will be made by the Select Board. The Select Board will also designate a Chair. One Member from each of the following Boards or Committees will serve on this committee: • Select Board • Tourism Committee • Town Celebrations Committee Along with representatives from each of the following groups: • Civic/Community Group Representative • 2 Community Members with a background or interest in history, event planning and or logistics • Local Museum or Historical Organization Representative • Lexington Public School Representative • Local Business Representative • Music &Arts Community Representative • Reenactment Community Representative Staff support as appropriate from the following departments: Department of Public Works, Economic Development Office, Cary Memorial Library, Fire Department, Police Department, Town Manager's Office, Department of Public Facilities Ex Officio/Liaisons (non-voting): • Appropriation Committee • Capital Expenditures Committee Prior to serving as a member of this Committee, appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest Statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Ref: Adopted by the Board of Selectmen on January 13, 2020 Amended by Select Board on January 25, 2021 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve and S ign Eagle S c out C ommendation Letters PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.2 S UMMARY: The S elect Board is being asked to sign letters of commendation for Boy S couts Andrew Kochi and Neel Meyyur o f Tro op 160. SUGGESTED MOTION: To ap p ro ve and s ign letters o f c o mmend atio n c o ngratulating Andrew Ko c hi and N e el M eyyur fo r attaining the highest rank of Eagle in Boy S couting. Move to approve the consent. FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � "�.�:�"�.�,��,��,��,.�.�;��;��,,,,�m��:��i,,,,,�..�� C��:� ��:,�.�.�� IC�:��,��i�� "�"��^°��.�.��.��,,,,,�v �m�r�r��„��...,��:�F�� .��G��:�� :�� .��, � ��" � ��'� � �J tw �ji� � � ��, "" � �� ir� ot �.�xincgtor�, �.�c��c��ju��tt� �� : � u �� ; `�� I �1�� ' q,�� ,� �.`�,�,..' �•, � � �� X;�� w"��,��^�� SELECT BOARD OFFICE ��a�� JILL I.HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 May 10, 2022 Andrew Kochi 23 Blossomcrest Road Lexington,MA 02421 Dear Andrew, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle proj ect, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your j ourney beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Jill I. Hai, Chair Joseph N. Pato Suzanne E. Barry Douglas M. Lucente Mark D. Sandeen 1625 MASSACHUSETTS AVENUE,LEXINGTON,MASSACHUSETTS 02420 Email:selectboard@lexingtonma.gov �� .��, � ��" � ��'� � �J tw �ji� � � ��, "" � �� ir� ot �.�xincgtor�, �.�c��c��ju��tt� �� : � u �� ; `�� I �1�� ' q,�� ,� �.`�,�,..' �•, � � �� X;�� w"��,��^�� SELECT BOARD OFFICE ��a�� JILL I.HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 May 10, 2022 Neel Meyyur 3 65 North Emerson Road Lexington,MA 02420 Dear Neel, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle proj ect, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your j ourney beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Jill I. Hai, Chair Joseph N. Pato Suzanne E. Barry Douglas M. Lucente Mark D. Sandeen 1625 MASSACHUSETTS AVENUE,LEXINGTON,MASSACHUSETTS 02420 Email:selectboard@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve One-Day Liquor Licenses PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.3 S UMMARY: Lexin�ton Retailers Association: The Lexington Retailers Association has requested a One-Day Liquor License for the purpose of a beer garden within a c ordoned o ff area at the end o f Muzzey S treet at Mas s achus etts Avenue. T he b eer garden will b e utilized fo r the p urp o s e o f s erving b e er and wine during L exingto n D is c o very D ay o n S aturd ay, May 2 8, 2022 from 11:OOam to 3:30pm. T he reque s t has b een reviewed b y the P o lic e D ep artment, F ire D ep artment, To wn Manager's O ffic e and D ep artment o f P ub lic Wo rks with no c o nc erns. T he L exingto n R etailers A s s o c iatio n has b e en in c lo s e c o ntac t with To wn Engineering S taff to review the event lo c atio n relative to p o s s ib le wo rk in the area fo r the C enter S treets c ap e P ro j ec t. Engineering feels c o mfo rtab le wo rking with the ap p lic ant to finalize the event lo c atio n. D ana Ho me F o undatio n: The Dana Home Foundation has requested a One-Day Liquor License to serve beer and wine for the purpose o f their D ana H o me F o und atio n 2022 G rant R ec ip ient Award s C eremo ny to b e held in the d ining ro o m o f the Lexington Community Center, 39 Marrett Road, on Wednesday, May 18, 2022 from 6:OOpm to B:OOpm. T he reque s t has b een reviewed b y the P o lic e D ep artment, F ire D ep artment, To wn Manager's O ffic e and L exingto n C o mmunity C enter With no c o nc erns. SUGGESTED MOTION: To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving beer and wine in a b eer garden within a c ordoned o ff area at the end o f Muzzey S treet* at Mas s achus etts Avenue during Lexington Discovery Day on S aturday, May 28, 2022 from 11:OOam to 3:30pm. *The location fo�the Lexington Discove�y Day bee�ga�den is subject to modification as may be�equi�ed by Depa�tment of Public Wo�ks and Town Enginee�ing up to the time of the event due to potential wo�k fo�the Cente�St�eetscape P�oject. To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the Dana Home Foundation 2022 Grant Recipient Awards Reception to be held in the dining room of the Lexington Community Center, 39 Marrett Road, on Wednesday, May 18, 2022 from 6:OOpm to B:OOpm. Move to approve the consent. 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Ga/;::�%.0�r" ..,��;,,, , � ��„ ^p,,� I �f � n II I I III II� . �. ��.:a �/�%G:,,//!rr�� i�Ifi .. ... �� I�, �� V,,,, i,,.. . , "�� Alcohol Serv�n Procedures > g � � ��i� �� . . D�scover Da - Lex�n ton �� y y g Craft Food Halls will follow these procedures while operating at Discovery Day, Lexington,to ensure all guests have a memorable and safe experience. 1) Only guests 21+will be allowed in the Beer Garden. 2) A TIPS certified Team Member will always be stationed at the entrance of the Beer Garden,to verify ID before entering the Beer Garden. 3) Guests will purchase a "beverage ticket"from the draft trailer if they wish to consume alcohol. At this point a TIPS certified Team Member will again verify their age through checking their ID. 4) When a guest would like to purchase an alcoholic beverage with a "beverage ticket", again a TIPS certified team member will check their ID. 5) When a guest is purchasing multiple alcoholic beverages for a group, all guests must be present at the time of purchase to verify all proper ID's. 6) While serving guests CFH will be using proper serving portions for our draft selection. 7) CFH will follow all hygiene, health and safety procedures during the event. All workstations will be kept clean and sanitized. 8) Our Team Members will not serve visibly intoxicated guests, or suspected intoxicated guests, because our Team Members are TIPs certified they are well versed in identifying an intoxicated guest and how to handle this situation if it arises. 9) If a guest has been refused service,there will be open communication between Team Members about the refusal, so they do not mistakenly serve the guest another drink.We will write an incident report documenting contact information of witnesses and any other key details pertinent to the situation. 10) No guests will be served after the Beer Garden has closed. Alcohol sales will only take place between 11:30 am and 3:30,the day of the event. Proof of TIPS certification for Team Members will be on site the day of the event. L,,..�.�� .� � ��--1 � � � ��,�� . � � � � � � � �� "'—�---�.�.,,,—_ � �...,,—..�..�..,.., ��. _,.�.-..._._ . 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AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Select Board Meeting Minutes PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.4 S UMMARY: The S elect Board is being asked to approve the meeting minutes of: • F ebruary 15, 2022 • F eb ruary 2 8, 2022 • March 9, 2022 • March 9, 2022 Joint S elect Board/S chool Committee • Marc h 9, 2022 Jo int S elec t B o ard/P lanning B o ard • March 28, 2022 • March 30, 2022 • Apri14, 2022 • April 6, 2022 • Ap ril 11, 2022 • April 13, 2022 • April 25, 2022 SUGGESTED MOTION: To approve and release the S elect Board meeting minutes of: • F ebruary 15, 2022 • F eb ruary 2 8, 2022 • March 9, 2022 • March 9, 2022 Joint S elect Board/S chool Committee • Marc h 9, 2022 Jo int S elec t B o ard/P lanning B o ard • March 28, 2022 • March 30, 2022 • Apri14, 2022 • April 6, 2022 • Ap ril 11, 2022 • April 13, 2022 • April 25, 2022 Move to approve the consent. FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � �::�� .�=;,�w�l"��n��'��c,�.��=�:��°�� .��.�:��: �.��.� � .��'w�"��:��,��,�,��w�,�,.��:��i�°� �I�� I[��;��°�� .,��=��"��?,��,:�,��,��;�,�,.��,�� c,�c�� ,�� .�:��=9,�w�"��,��,�,u,�ca��:m�m:��..�:��uc�°��:��,��r��i�� I:�-��;��:�� IC��,��„��f�� ::�� .�=;,�w�l"��-��a,��.��.��f��$��:m��:�m�;��ar��M�� .��.�:��: �.�.��.� � .��'w�"��m��,�:��,:�,��w�,�,.��c��i�°� �:��;�� I[��;�� .,��=��1"��?,��,:�,��,��;�,�,.�� c,�c�� ,�� .�:��=9,�w�"��`��,��,�,{��:��.nc;�.�:�� I:�-��;��:�� IC��,��„��f�� ::�� .�=;,�w�l"��c,�.��a�:��°�� .��.�:��: �.��.� � .��'w�"��,�,��;�,�,.��:��i�°� �I�� I[��,��;��°�� .,��=��"��?,��,:�,��,��;�,�,.��,�� c,�� ,�� .�:��=9,�w�"��`�"�',`��,��,�,{��:��.nc;�.�:�� I:�-��;��:�� IC��,��„��f�� ::�� .�=;,�w�l"��'��c,�.��a�:��°�� .��.�:��: �.�.��.� SELECT BOARD MEETING February 15, 2022 A remote participation meeting of the Lexington Select Board was called to order at 5:00 p.m. on Tuesday, February 15, 2022 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai reiterated the Board's concern for the community over the impact of the events that occurred on Saturday afternoon on Hancock Street. It has deeply affected all of us. On behalf of the Select Board, she extended condolences to the family of the deceased. The Select Board remains concerned for the well- being of everyone, and the safety of the members of our community. The Board is looking to provide whatever support necessary to the first responders, and to continue to ensure that the highest level of public safety and public services be provided to the entire community. Mr. Malloy stated that the Middlesex District Attorney's Office is conducting an independent investigation, and details of the incident cannot be discussed during the investigative timeframe. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Land Acquisition Proposal from Housing Partnership Board Betsey Weiss, Jeri Foutter, and Harriet Cohen, of the Housing Partnership Board addressed the Board. Ms. Weiss explained that the Housing Partnership Board is seeking the Select Board's approval to prepare a proposal on the land acquisition process to include affordable housing, for the Select Board's consideration. The Housing Partnership Board is focused on affordable housing opportunities and the land acquisition process in the best interest of the Town. However, in the best interest of the Town,the Housing Partnership Board will contact and work with the three other CPA stakeholders: Conservation Commission, Recreation, and the Historic Commission on this proposal. In response to a question from Ms. Barr�y,Ms. Weiss explained that the request is for the Board's support to create a policy in the best interest of the whole Town,that involves affordable, as well as including the three other stakeholders during initial negotiations. The Housing Partnership Board would then bring back a draft policy for Board review. Mr. Pato stated that he does believe there should be a policy regarding land acquisition and this this effort is a worthwhile one. He noted that he doesn't believe the three CPA stakeholders identified are the complete set of community stakeholders with regard to property acquisition for the Town and this may need to be further examined. Ms. Weiss stated that the Housing Partnership Board is happy to broaden the scope of this item. Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to support the recommendation of the Housing Partnership Board,working with other stakeholders to develop a policy regarding land acquisition usage as proposed in the attached letter dated January 27,2022 and return to the Select Board for consideration at a future date. DOCUMENTS: Housing Partnership Board Land Acquisition Proposal-Letter of Recommendation from Chair 2. Discuss Lexington Superintendent of Schools' Letter to the Community Regarding Potential Massachusetts School Board Authority(MSBA)Acceptance for Lexington High School Superintendent Hackett addressed the Board. She explained that the MSBA Board will vote on March 2nd to decide which projects will be invited into the capital pipeline. If an invitation is extended to Lexington, the proj ect would enter the�rst phase in the MSBA process,which is called Eligibility. The purpose of Eligibility is to determine a community's readiness for the proj ect. The Eligibility process lasts for nine months (270 days),with benchmarks to achieve along the way. From there,the second module is Feasibility. One of the steps in the Eligibility process is to identify funding for Feasibility. In 2018, approximately $1.8M was identified as this possible amount required. She noted that Ms. Axtell informed her that a Special Town Meeting could be organized to get approval, if chosen for the MBTA capital pipeline. Superintendent Hackett explained that,while waiting to hear about being included in the pipeline,there are a number of items that can be addressed. Local actions can be taken to secure feasibility funding, such as taking a vote to secure the $1.8M. Ms. Hai noted that there will be a j oint meeting on this item between the �chool Committee and the Select Board, along with other potential stakeholders such as the Department of Public Facilities, scheduled for Thursday, February 24, 2022, at 7pm. Mr. Lucente stated that he would like for Finance Staff to also be involved with the j oint meeting, in order to discuss the budget impacts of this proposal and currently proposed Warrant Article 25. Ms. Barry stated that she would like to see the Recreation Department included in the j oint meeting. She noted that a Special Town Meeting could be held within the Annual Town Meeting to address this item. In response to a question from Mr. Sandeen, Ms. Weiss explained that the Town could do some leg work in the meantime such as looking at possible locations in Town and site development. Mr. Malloy explained that this type of proj ect would be handled through a debt issuance. He noted that, if there is a Special Town Meeting to vote on a feasibility study,this would likely make Warrant Article 25 moot. Mr. Pato noted that there was a recommendation in the Master Planning Compendium to do exactly this study. He suggested that whatever is funded and completed going forward be covered as part of this recommendation. DOCUMENTS: Superintendent's Letter Ms. Hai noted that the Board will not be addressing or taking public comment on the mask mandate this evening. 3. 2022 Annual Town Meeting& Special Town Meeting 2022-1 • Presentation-ATM 2022 Article 31: Amend General Bylaws -Reporting,Disclosing, and Assessing the Energy and Water Use of Large Buildings Todd Rhodes, Sustainable Lexington Committee, addressed the Board. He presented Article 31 -Building Energy Use Disclosure Bylaw(BEU-D). The purpose of the article is to establish a bylaw to help property owners understand their energy performance compared to similar buildings in Town. The implementation of an energy disclosure program was recommended as a first step in Lexington's 2018 Getting To Net Zero Emissions Plan. The bylaw is important because large buildings have a significant impact on Lexington CO2 emissions. Existing commercial, industrial, and municipal buildings account for about 40% of Lexington's CO2 emissions. Of these, about 120 buildings are over 25,000 s.f. and are responsible for about 66%of the electricity used, and 50%of the natural gas used. Ownership of these buildings is concentrated in a smaller group of building owners, so there are fewer than 100 building owners affected by this bylaw. Approximately 120 buildings,referred to as reporting units,would be covered by the bylaw. It focuses on buildings with 25,000� s.f. in area, or 25+individual dwelling/commercial units. Owners of these buildings would be required to annually report electricity in kilowatt hours with the energy label that identifies the source of electricity, natural gas in therms, fuel oil, diesel in gallons, and propane in gallons. Beginning in 2023, the Town would collect this information from building owners for the previous year and apply standard metrics to calculate emissions intensity for each reporting unit, and by building type. It will also include water consumption in gallons from records already maintained by the Town. This information would then be published annually in a publicly available report. Building owners can report this information to the Town through the EPA Portfolio Manager,which is available at no cost to the building owner or provide it to the Town using a similar tool. Owners of properties with 25+units will be required to report the aggregate energy use for all units on the property. The building owner could request this information from utilities, or the owner may request the information from each tenant, consolidate the infor�nation themselves, and then provide the aggregated information to the Town. Mr. Rhodes explained that there are two suggestions as how to implement this program. An outsourced firm could be used to manage communications with building owners, compile the data, and create an initial draft of the annual report for review and approval by Town staff. The article includes a request for $�0,000 to cover the cost of this option through at least the first year. Alternatively,the work could be completed internally by temporary staff over a few weeks each year,under the direction of the Sustainability&Resilience Of�cer. In response to a question from Mr. Lucente, Mr. Rhodes explained that actions to come out of this proposal are largely driven by the data received. This will allow for increased knowledge as to where energy use and emissions are highest in Town, and to help support business owners in improving performance, if necessary. Mr. Lucente noted that he believes this should be optional, at least in the introductory period. Mr. Pato supported moving forward with the data collection and process to make this information public. In response to a question from Ms. Hai,Mr. Rhodes explained that he believes this item should be moved forward and that the new Sustainability&Resilience Officer would likely support this as well. He noted that,per the propased$70,000 included for implementation,while there should be money allocated in the budget for this item moving forward, it will likely be signi�cantly less than this amount. In response to a question from Ms. Barry, Mr. Malloy stated that he is yet unclear as to how much time and money it would cost to implement this project internally. In response to a question from Mr. Malloy, Mr. Rhodes South Portland, Maine,which is similarly sized to Lexington, is currently involved in a similar program. Mr. Sandeen stated that he is fully supportive of this item. In response to a question from Ms. Barry,Mr. Rhodes stated that reporting is due for the previous year in May. For the �rst year,the annual energy consumption for 2022 would be reported in May 2023, and with reports compiled and published around October of that year. Ms. Barry noted that there is quite a lag for this proj ect. • Presentation-ATM 2022 Article 3 8: Amend Zoning Bylaw and Zoning Map 128 Spring Street Chase Johnson and Peter Tam addressed the Board. Mr. Tam, of Goulston& Storrs, on behalf of Hobbs Brook Real Estate, owner of 95 & 99 Hayden, also known as 128 Spring Street, explained that the proposal is that the existing development would be repositioned, with a number of new buildings to be phased into the southwest corner of the property. This discussion is to negotiate a memorandum of understanding(MOU) with the Board to solidify and make permanent a number of mitigation measures, in addition to the protections that the PD zoning would afford. The plan includes a number of commitments with respect to transportation and traffic, along with new recreational and public access commitments. Hobbs Brook has agreed to provide a connection to the existing Spring Street driveway, where new parking will be provided and accessible by the public. A new trailhead and�ve dedicated public parking spaces are proposed, along with a pedestrian control activated sidewalk to a new crosswalk on Spring Street. The rights for the new trail, as well as the rights ta the parking and access, will be developed in the course of site plan review with the Planning Board with input from the Conservation Commission. There are a number of design commitments, including a focus on minimizing both light from the new buildings, as well as onsite exterior lighting. There's also a commitment that acknowledges the site's contribution to the innovation within Lexington. The MOU reflects a commitment to design these buildings to be LEED Gold Certifiable, and for the new buildings to contain hybrid HVAC systems. In response to a question from Ms. Barry, Mr. Malloy explained that a bidirectional antenna boosts the radio signal inside a large steel building for Fire Department communications. Mr. Pato noted that a linkage fee for this proj ect, as previously approved at Town Meeting, should likely be discussed. Mr. Tam noted that this would be the first MOU that wauld include this linkage fee as part of a non-residential proj ect. This was a request made to and approved by his client. Mr. Sandeen noted that the Board will likely want to speak with neighbors regarding the potential noise impacts to the area. Matt Daggett,Precinct 2 Town Meeting Member, echoed Mr. Pato's comments. He asked that a�scal impact analysis include the impact on housing and the proposed mitigation amount. • Presentation-ATM 2022 Article 39: Amend Zoning Bylaw and Zoning Map 475 Bedford Street Ed Grant, local console for The Cresset Group, and Ed Nardi, President of The Cresset Group, addressed the Board. Mr. Grant explained that The Cresset Group has put together essentially the same team that worked on the 1050 Waltham Street lab of�ce rezoning,which was approved at last year's Town Meeting. Mr.Nardi noted some of the site constraints, including an Eversource easement for high tension wires over the parking surface field, a gas easement, and sewer easements. The site also is surrounded by wetlands. The 9-acre site ultimately allows for vertical development on approximately 3.5 acres. In November,the proj ect received a favorable vote from the Planning Board that the use of the land is acceptable, the proposed density and design features are acceptable, and,with proper mitigation,the proposed proj ect will benefit the Town and is acceptable. The group has also met with Sustainable Lexington and the Economic Development Advisory Committee along the way. The estimated tax revenue for this project, if it was built today,would be in excess of$3M. The estimated permitting fees will be approximately $2.4M, along with the MOU currently being discussed which ranges from$1.6M- $2M. The Traf�c TDN measures are approximately $1M, and there will be a$300,000 payment to the Workforce Housing Fund. The building will include high efficiency heat recovery systems, which should reduce greenhouse gas emissions by over 90%. A solar array is also proposed on top of the parking garage and the garage will meet the new requirements for EV charging stations. Other environmental benefits include removing over a half-acre of pavement to reestablish the 25' wetland buffer and re- naturalizing those areas, as well as creating a net new 600,000 s.f.wetland habitat. John Sullivan, SGA, explained that the proposal looks to create a 5 story, 225,000 s.f. Class A Life Science building towards the front of the site facing Bedford Street, and a 4.5 story structured parking garage to support that use. There is a proposed retail component of approximately 5,000 s.f. that faces Bedford Street which could include a coffee shop and be available for the community with outdoor seating. In between the two buildings,the proposal includes a robust outdoor amenity. The proposed materials are intended to be timeless,referencing copper, some masonry and other materials that should contribute to the organic and rich building expression. The structured parking, as it will remain closer to the abutters, is proposed to have a height of approximately 44' and be located approximately 265' from the nearest abutters with planting buffers in between. He explained that the labs will be designed to BSL 1 or 2 designations. In response to a question from Mr. Lucente, Mr.Nardi explained that the retail area on the front end of the site could likely be a coffee shop. There could also be a fitness center in the area, leading to a community gathering spot. The proposal would likely add approximately 200-250 cars during the entire day,with an additiona130-40 cars possibly during peak hours. The entry way may be redesigned. In response to a question from Ms. Barr�y,Mr. Sullivan explained that the shadows in the afternoon are mostly limited. The worst time of day in December will be early in the morning, casting shadows to the north. These shadows will never be cast onto any of the abutting structures. Ms. Barry noted concern regarding the left hand turns on site. She asked if the State could be requested to include some signage in this area. Mr. Malloy explained that different options will be reviewed locally, as well as with the State. Mr. Sandeen stated that he would like to make sure that bicycle and pedestrian safety is examined in getting from this location to Hartwell Ave. In response to a question from Mr. Sandeen, Mr.Nardi stated that the acoustical ambient testing has already been completed on site. He expressed con�dence in being able to design mechanical systems to meet the 5 DBA requirements in the town of Lexington. In response to a question from Mr. Sandeen, Mr.Nardi stated that the neighbors have expressed concerns regarding noise, light, and traffic. These items have been and will continue to be addressed. Increased natural screening elements could be added to the parking area, and the lighting there would likely be motion activated. Ms. Hai noted that the Town is actively working to create more housing. This parcel is zoned Residential and instead of using it for housing, the request is to change it to a commercial use. She questioned if this change is the right one to make. Mr.Nardi explained that the Life Science community is expanding, and he believes the proposed use is an appropriate one adj acent to the Hartwell innovation area. This will provide significant fiscal benefits to the Town. This is not an optimal site for a multifamily structure, as there is not much of a buffer to the wetlands and road, and there is a high-tension power lines on site. Mr. Daggett noted that, if the linkage fee was in the ballpark of$10,that would be $1.95M in payments to mitigate the impacts that this development might yield on Lexington housing. He suggested that this analysis should be part of the financial impact report. Mary Hamilton, 23 Fifer Lane and Town Meeting Member Precinct 7, stated that she is opposed to rezoning this site. The bio lab proposed is inappropriate for this setting and belongs on Hartwell Ave. This is a massive intrusion in a residential neighborhood. This could be a site for moderate income housing. Doris Wong, Drummer Boy Way, stated that she is opposed to the rezoning of this site. The high-tension wires do not preclude housing on the site. The plan proposes to place the loading area closest to Drummer Boy Way with only an 8' sound screen,which will be inadequate. She echoed Ms. Hamilton's comments regarding using the site for housing. Ms. Bar��y exited the meeting due to a wo�k obligation. • Presentation-ATM 2022 Article 26: Appropriate for Nexus Studies (Citizen Petition) Mr. Daggett explained that this article is to provide funding for consultant sources to perform two Nexus Studies. This would allow the Town to implement residential and commercial development linkage fees, which have been called the Community Housing surcharge, enabled by speclal legislation. The article requests $�5,000 be appropriated from the General Fund. These studies essentially characterize the link between development activities, and in this case,their impact on housing and needs. It will give the Town all the decision criteria needed in terms of rate setting. These studies vc�ill recommend a fee that will work for Lexington to ensures that the Town will continue to remain competitive for commercial development, and other types of related policies. Mr. Pato and Mr. Sandeen stated that this type of study would be very helpful to inform the Town's decision making. • Discuss Select Board Report Mr. Lucente stated that he sees some repetition from this report to the Annual Report. Ms. Hai noted that the Annual Report could simply be updated to present at Town Meeting. The Board agreed to review the report topics. • Select Board Artzcle Presenters, Discussian&Positions In respanse to a question from Mr. Sandeen, Ms. Axtell explained that items included on the Consent Agenda are usually regular items or noncontroversial items. Mr. Sandeen mentioned that he believes item 12Q, Cedar Street, deserves to be presented at Town Meeting. Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to approve the consent agenda as presented, subject to the additions made this evening,to remove 12Q and to include the unpaid bills Article 20, regardless of whether it is IP'd. DOCUMENTS: Art 31 BEU-D Presentation, Art 31 BEU-D Motion, Art 38 128 Spring Stre�t Presentation, Art 38 128 Spring Street Proposed Motion,Art 39 4�5 Bedford Street Presentation,Art 39 Article Wording,Art 26 Nexus Studies Presentation,Art 26 Nexus Studies Motion, Copy of 2021 Select Board Report to Annual Town Meeting, Copy of Scribes for Last Year's 2021 Select Board Report to Town Meeting, 2022ATM, STM 2022-1 Select Board Position Working Document, 2022ATMDraftConsentAgenda,Art 3 8 presentation added slides 4. Review Chinese Americans of Lexington (CALex) Request—Chinese New Year Car Parade Ms. Hai stated that the parade has already been reviewed and approved by the Fire Department, Police Department,DPW, and Health Department. Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to approve the request of the Chinese Americans of Lexington(CALex)to hold a car parade on Sunday,February 27 2022, from 1 pm to 4pm, for the celebration of Chinese New Year. DOCUMENTS: Special Event Permit Application-CALexChinese New Year Car Parade Request,Email with Details of CALex Chinese New Year Car Parade Request 5. Amend Historical Commission Charge Ms. Hai explained that the Historical Commission is requesting that their membership includes 3 alternate members MGL Chapter 40 Section 8D,which provides that Historical Commission's may be established with membership of 3-7 members and alternate members, as long as they do not exceed the number of full members. Mr. Malloy noted that two alternate members have already been approved and appointed, but an amendment to the charge to allow for that cannot be found. Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to amend the charge of the Lexington Historical Commission to include three alternate members. DOCUMENTS: MGLCh.40,Sec.BD, Commission Charge (as currently posted to website) CONSENT AGENDA 1. Town Celebrations Committee Request—Approve Sending Sponsorship Letters for 2022 Patriots' Day Parade To approve the request of the Town Celebrations Committee to send out Patriots'Day sponsorship letters, as proposed. DOCUMENTS: 2022 Sponsor Request Letter, 2022 Patriots Day- list for mailing of Sponsorship letter, Sponsorship Form 2. Approve One-Day Liquor Licenses To approve three One-Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the three events as follows: Tom Rush&Jesse Colin Young on Saturday, March 5, 2022 from 6:30pm to 10:30pm; The Robert Cray Band on Sunday, March 13,2022 from 6:OOpm to 10:OOpm; and the Little River Band on Saturday, March 19, 2022 from 7:OOpm to 11:OOpm. To approve two One-Day Liquor Licenses for the Lexington Historical Society to serve beer at Buckman Tavern, 1 Bedford Street, for the purpose of the two events as follows: Tavern Night on Saturday, February 26, 2022 from S:OOpm to 7:OOpm and Tavern Night on Saturday,April 2, 2022 from S:OOpm to 7:OOpm. 3. Select Board Committee Appointments & Resignation To appoint Jon Wakelin to the Lexington Center Committee to fill an unexpired term set to expire on September 30, 2023. To appoint Sudha Balasuryan to the Town Celebrations Subcommittee with a term set to expire on June 30, 2022. To accept the resignation of Rita Pandey from the Town Celebrations Subcommittee effective immediately. DOCUMENTS: 2021/2022 Lexington Center Committee Application-J. Wakelin, 2022 Town Celebrations Subcommittee Application- S. Balasuryan,Resignation Letter-R. Pandey 4. Approval for the Town Manager to be Authorized to Issue Outdoor Dining/Liquor Licensing on Commercial Properties To authorize the Town Manager to approve outdoor dining/alcohol service on private property and further to authorize the Town Manager to serve as the Deputy Liquor Licensing Authority for outdoor dining/alcohol service. Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to approve the Consent Agenda, as presented. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining—Lexington Police Patrolman's Association (LPPA) & Police Superior Officers Union Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 at 7:45 p.m. that the Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining related to the Lexington Police Patrolman Association and the Police Superior Of�cers Union and not to reconvene in Open Session. Further,Ms. Hair declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Adj ournment for both Open Session and Executive Session wlll occur at the conclusion of the Executive Session. The Board will not reconvene in Open Session. ATIOURN Upon a motian duly made and seconded,by roll call, the Select Board vated 4-0 from the executive session to adj ourn both the executiv�session and regular meeting at 8:34 p.m. A true record; Attest: K:ristan Patenaude Recording Secretary SELECT BOARD MEETING February 28, 2022 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, February 28, 2022 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Bar�y were present, as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, stated that the Depot will be opened this year for all who wish to attend 7:30pm— l Opm on March 7,2022 to see election results. SELECT BOARD MEMBER CONCEF:NS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports Ms. Barry reminded everyone of the logo contest for the 250th anniversary of the Battle of Lexington. The deadline is Wednesday, March 2nd. This contest is open to all high school students that live in Lexington or attend a school in Lexington. This does have a$1,000 first place prize associated with it and there are also prizes for second and third place. Ms. Barry noted that she will be recusing herself the Battle Green Streetscape project article so as to not present the appearance of a conflict, as her place of business is a direct abutter to the scope of work. Mr. Lucente noted that the Board of Health will be meeting on March 8, 2022 at 6:30pm to review the indoor mask mandate. Ms. Hai noted that she recently sat down with Dr. Raul Fernandez on DEI initiatives, as part of his contract with MAGIC (Minuteman Advisory Group on Interlocal Cooperation). She stated that the Board should continue to emphasize its commitment to the ongoing equity work throughout the community, and that it affects both the plurality of the staff, as well as the community. Ms. Hai also noted that there is one more CQVID-19 testing clinic that will be held next Saturday. DOCUMENTS: Select Board Liaison Reports 2-24-2022 TOWN MANAGER REPORT Mr. Malloy noted that the Board of Health is meeting on March 8th to discuss the mask mandate, and they're also reviewing whether or not to continue to require masks on school buses. He also noted that the Town's new Sustainability and Resilience Of�cer, Maggie Peard has started. The new Planning Director, Abby McCabe will be starting on March 21 st. He congratulated Human Services Department staff member, Sharon Gunda, on becoming a licensed independent clinical social worker. CONSENT AGENDA 1. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: January 18,2022, January 24, 2022, February 1, 2022, February 7, 2022 DOCUMENTS: DRAFT 01182022 Select Board,DRAFT 01242022 Select Board, DRAFT 02012022 Select Board, DI�;AFT 02072022 Select Board 2. Water and Sewer Commitments To approve the above Water& Sewer Finals. DOCUMENTS: Water Sewer Finals 2-28-22 3. Select Board Committee Resignations To accept the resignation of Yolanda Taylor from the Economic Development Advisory Committee effective immediately. To accept the resignation of Sam Zales from the Town Celebrations Subcommittee effective immediately. DOCUMENTS: Resignation Letter-Y. Taylor, TCC Resignation Letter- S. Zales 4. Approve the Planting of Trees on the Battle Green Approve the planting of 6 replacement trees on the Battle Green as per the Tree Warden's recommendation. DOCUMENTS: Tree Planting Request Upon a motian duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location far National Grid-Fletcher Avenue Ms. Hai opened this public hearing at 7:1 1pm. She stated that abutter notices have been sent. Atuan Boossarangsi explained that the proposal is to replace an existing regulator vault located at the intersection of Mass Ave at Winthrop Road. The new location is proposed at Fletcher Road,to install an updated prefabricated district regulator vault for the natural gas system. Glyn Williams explained that this system is being proposed to be replaced due to age only. These improvements shauld also help with telecommunications. Mr. Boossarangsi explained that the new design comes with redundant runs,three layers for added overpressure protection. This will be a safety improvement. It was noted that this plan has been reworked so that the Town will not lose a parking space. The Fletcher Street area will also be restored at the conclusion of the project. Mr. Sandeen asked if National Grid intends to remove the existing regulator and restore the existing sidewalk and vault area located near Winthrop Road at the conclusion of the proj ect. National Grid stated that the Winthrop Road existing vault area will also be restored as the Town best sees fit. Mr. Sandeen asked when the proposed work is expected to begin and end. National Grid stated that the work is expected to take between two to three months and will be completed between May and October of this year. Ms. Hai closed the hearing at 7:24pm. Upon a motion duly made and seconded,by roll call, the Select Board vated 5-0 to approve the petition of National Grid to move, install and maintain the existing regulator vault from the current location at Winthrop St��Mass Ave to a new location at Fletcher Avenue as described and designed in the petition dated February 8,2022 and the removal of the existing vaults and repair of the and restoration of the current site on Winthrop Road to the satisfaction of the Town Engineer. DOCUMENTS: Grant of Location Request, Rendering, Plans, Copy of mailed abutters notice 2. Grant of Location for Eversource- 1050 Waltham Street Ms. Hai opened this public hearing at 7:25pm. Joanne Callender explained that this request is to install approximately 191' of conduit into Waltham Street, to provide new underground service to 1050 Waltham Street. Ms. Hai closed the public hearing at 7:27pm. Upon a motion duly made and seconded,by roll ca11, the Select Board vated 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by T. Thibault revised Date December 8, 2021,under the following public way in the Town of Lexington: Waltham Street- Northeasterly from MH4010, 50 feet southwest of Lexington Ridge Dr, install approximately 191 feet of conduit to private property DOCUMENTS: Eversource Petition for grant of location- 1050 Waltham Street,Abutter Notification 3. Liquor License-Change of Manager-Bertucci's Restaurants,LLC d/b/a Bertucci's, 1777 Massachusetts Avenue M�. Lucente�ecused himself f�om this item. There were no comments or questions from the Board or the public at this time. Upon a mation duly made and seconded,by roll call, the Select Board voted 4-0 to approve Bertucci's Restaurants,LLC d/b/a Bertucci's application for a Change of Manager naming Robert Gautieri as Manager and upon ABCC approval, issue an updated Liquor License to Bertucci's Restaurants,LLC d/b/a Bertucci's, located at 1��Massachusetts Avenue reflecting the change of manager. DOCUMENTS: Liquor License Change of Manager Application Mr�. Lucente�etook his seat. 4. Discovery Day Street Fair 2022 Request Lexington Retailers Association President Eric Michelson explained that the proposal is to hold Discovery Day on May 28, 2022, from l0am—3pm. This will be held in a similar format to the fall event. In response to a question from Mr. Sandeen, Mr. Michelson stated that the fall beer garden was well attended and there were no issues. The vendor would like to return this year. Upon a motion duly made and seconded,by roll call, the Select Board vated 5-0 to approve restricting vehicular access in the following areas for the 2022 Discovery Day Street Fair to be held on Saturday, May 28, 2022 from 6:OOam to S:OOpm: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the �rst private driveway; and Massachusetts Avenue,north-side sidewalk, from Edison Way to Waltham Street. Additionally, to approve permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. Additionally, to approve parking a flatbed truck, with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square, starting on May 20, 2022 and ending at the conclusion of Discovery Day . Further,to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. *and all approvals and locations are subject to modifications as may be required by Department of Public Works,Public Safety, Public Health, Engineering and/or Town Manager up to the time of the event. DOCUMENTS: 2022 Discovery Day Request 5. 2022 Annual Town Meeting& Special Town Meeting 2022-1 Charles Horning,Planning Board Chair and Sheila Paige, Interim Planning Director, addressed the Board. • Presentation-ATM 2022 Article 8: Appropriate for Comprehensive Plan Implementation Ms. Paige explained that Article 8 is a request to appropriate $75,000 to implement recommendations of the Comprehensive Plan. These funds may be used for a broad housing needs assessment,which will help hone strategies to help achieve the housing goals. Grants are being applied for to help with land use analysis,but further analysis may be needed. This proj ect will also include public forums and GIS analysis. In response to a question from Ms. Barry, Mr, Malloy stated that the Town previously received funding from the State for a town-wide study on where affardable housing could be located. In response to a question from Mr. Pato, Ms. Paige explained that the proposed housing needs assessment is slightly different from the 2014 Housing Production Plan, as this will examine what types of housing are needed throughout Town, such as assisted housing, workforce housing, single floor accessible housing, senior housing, etc. • Presentation-ATM 2022 Article 30: Amend Special Act-Planning Board and Town Meeting Ms. Paige explained that this request is to amend the Representative Town Meeting Act to allow the Chair of the Planning Board to be an at-large member of Town Meeting, on the same terms as the Chair of the School Committee, the Chair of the Appropriation Committee, the Chair of the Capital Expenditures Committee, and all of the members of the Select Board. This would help the Planning Coard meet its formal obligations to Town Meeting, should none of its members be elected. Mr. Pato noted that, at Arlington's Town Meeting,none of the ex-officio members have voting rights. In Arlington, if a Select Board member wants to vote, they have to run for a meeting seat. They then no longer need to recuse. • Presentation-ATM 2022 Article 35: Amend Zoning Bylaw-Open Space Residential Developments Mr. Horning explained that a public hearing was held on this article, and a lot of very good feedback was received. The public hearing was since been closed,but the Planning Board has not yet had an opportunity to digest the feedback and incorporate it into the motion. Ms. Hai stated that the Board would likely ask for this to come back for further discussion once any updates are made. In response to a question from Mr. Lucente, Mr. Horning explained that the prerequisites for this are essentially the same as the current prerequisites for a conventional subdivision or a special permit residential development. He expects there to likely be an average of 1-2 of these OSRD requests per year. The range of units for this type of development could be anywhere from 4-40 units. There has been discussion regarding producing a visual representation of what an O�RD might look like for Town Meeting. • Presentation-ATM 2022 Article 36: Amend Zoning Bylaw and Zoning Map- Mixed-Use Developments and Multi-Family Housing M�. Lucente�ecused himself f�om A�ticle 36. Mr. Horning explained that Article 361ooks to create midrise (5-6 stories), mixed-use,multifamily housing in Lexington Center. The market�would determine the level of parking to provide. There will also be built-in inclusionary housing as part of this proj ect. Part of the proposal is to create a vibrant Town center, with more people living in the Center, and using the amenities This would also increase the diversity of Lexington's housing stock. This could also be a step towards meeting the MBTA Community housing requirement, although it vc�ill by no means be sufficient to meet that requirement. The public hearing on this item is still open; it will be continued on Wednesday. The Planning Board will decide what to do with this item once it has had public feedback. • Presentation-ATM 2022 Article 37: Amend Zoning Bylaw-Technical Corrections Ms. Paige explained that this proposal restores the phrase"a solar energy system may be located over any paved parking lot," into the zoning bylaw. This had previously been voted into Section 4.3.1. Mr. Horning explained that this would apply to large residential or commercial developments of more than 5 parking spaces. • Presentation-ATM 2022 Article 40: Amend Zoning Bylaw- Sustainable Residential Incentives (Citizen Petition) Ms. Hai stated that, due to a recent Attorney General decision,the proponents of this proposal have requested time to evaluate the potential impact to this article. Town Counsel,Mina Makarious, explained that this article proposes two things. One, it reduces gross floor area(GFA) across Town going forward, as well as proposals that would be in the permitting process as of the end of this year, effectively. Then, going forward, increasing GFA for buildings would be tied to a list of sustainability standards. If a certain number of standards are met, Tier 1, the proposal would essentially be allowed 150% of the permissible GFA. There is a concern that the article may be subj ect to challenge, if the GFA it imposes is so low that it essentially leaves everyone with no choice but to adopt the sustainability measures. The language of this article reads as an incentive which seems legally defensible,but, in light of recent court cases,there is a possibility that the Attorney General's Office would disapprove of it. • Approve Request from Town Moderator to Conduct 2022 Annual Town Meeting and Special Town Meeting 2022-1 via Remote Participation Town Moderator Deb Brown explained that her request is for the Board to conduct the upcoming 2022 Annual Town Meeting and Special Town Meeting 2022-1 through remote participation. Mr. Lucente stated that he believes virtual meeting should be for very specific reasons and purposes. He asked what thresholds need to be met to have in-person meetings. All indications currently are that the risk factors are low. He stated that he believes, for every person that the remote technology made things more convenient for, it alienated someone else. The lack of interpersonal engagement may take a toll on the community overall. He is happy to wear a mask and make it mandatory,but not willing to make this a fully virtual event. Ms. Brown agreed that the endpoint seems to keep moving. She expressed concern that if the Board of Health pulls back on its mask mandate requirements, it will be difficult to have a different set of rules for Town Meeting. There is an excellent system for remote meetings that has been proven to be successful and adequate. In response to a question from Ms. Barry, Ms. Brovvn stated that she has not polled Town Meeting Members on their level of comfortability,but the ones she has spoken to who have decided not to run again are doing so not based on the remote technology aspect. Ms. Barry stated that she does not want assumptions to be made regarding Town Meeting Members' comfortability. Vineeta Kumar, Chair of the Town Meeting Members Association(TMMA), explained that the TMMA polled the Executive Board members who overwhelmingly favored a remote Annual Town Meeting, followed by a hybrid model. The main reasons cited were health and personal situations. The remote model also offers an ease of participation. This poll included 20 people, 14 of whom voted for remote, 4 hybrid, and 2 in-person. Ms. Barry stated that this poll does not include a large enough sample size to sway her opinion. Mr. Pato noted that participation levels at remote meetings have far exceeded expectations and participation levels at regular meetings. He believes it is premature to get back to being fully in-person. He also noted that the legislation requires this to be rati�ed at Town Meeting, and that if enough people vote this article down,the meeting will have to occur in-person. Ms. Hai echoed Mr. Pato's comments. She noted that she is interested in returning to in-person,however, even most recent�DC guidelines recommend against indoor crowding. She also does not want to force people to not exercise their elected responsibility simply because they do not feel safe. Mr. Sandeen concurred with Ms. Hai and Mr. Pato. He also supports Ms. Brown's and Ms. Kumar's thoughtful explanation of their request. His personal opinion is that many residents may be choosing not to run for election for the first time, as they may not be clear on how best to do so during a pandemic. Mr. Lucente stated that he would like to see a very specific threshold placed on returning to in-person. Ms. Brown stated that one of her benchmarks would be that every citizen is eligible for being vaccinated, which is not yet the case. Ms. Barry stated that she believes Town Meeting Members should have the right and opportunity to weigh in on this. Ms. Kumar stated that she will create a poll to that extent to be discussed as part of the next Board meeting. Dawn McKenna, Town Meeting Member Precinct 6, stated that she is glad to hear a survey will take place. She also noted that there are several elected people who have never had an in-person Town Meeting experience. She also suggested that Lexington could consider holding Town Meeting in an outdoor location, instead of forcing remote participation. Tina McBride,45 Turning Mill Road and Town Meeting Member Precinct 7, stated that she does not believe the experience of an in-person Town Meeting should outweigh someone's safety. Data does show that older people fair worse than younger people when it comes to COVID-19. She would like to see data on how many people have been attending remote Town Meeting versus when it was held in person. Sue Kingsbury, 9 Middle Street, stated that she believes all boards should be back in-person. It is hypocritical to require all other entities in Town(DPW, schools, safety officials)to be conducting business in-person,while allowing governing bodies to continue remotely. Lin Jensen, Town Meeting Member Precinct 8, stated that she supports continuing remotely for one year. She noted that Town Meeting requires people to be in close quarters for a longer period of time and she does not wish to risk anyone's health to attend. She also noted that there has been additional opportunity for people to attend via remote. Ms. Hai stated that the Board will work with the TMMA to put out a survey as soon as possible, and the Board will review this again at its next meeting. • Discuss ATM 2022 Article 34: Allow for Select Board to Call Remote Town Meeting Ms. Bar�y stated that she believes a larger conversation on this item, as seen during the last item,needs to be had either at Town Meeting or with the community at-large. Mr. Lucente noted that this article would allow for a remote Town Meeting to be called in advance,but not in the heat of the moment, such as for an emergency snowstorm. Mr. Pato noted that this article also applies to calling hybrid meetings. He stated that,based on the degree of increased participation, and the ability for people with disabilities or other impediments in their ability to go or stay late at a Town Meeting,he is very hopeful that the Town will institute a change in this process, so that hybrid meetings become the standard. If the Town can be granted this permission, it can regulate its own process to determine when hybrid and remote meetings are necessary. Ms. Hai stated that she will try to look into an information session on this topic, either individually or in conjunction with the TMMA. Tom Shiple, Town Meeting Member Precinct 9, stated that his concern is that people may vote to hold remote Town Meeting, not because they're worried about the pandemic,but simply because it is more convenient. He suggested that there might be a way to structure a survey to examine this preference. The Boa�d took a b�ief�ecess f�om 9:04pm—9:09pm. • Select Board Article Discussion & Positions The Board agreed to pre-draft any positions on the articles to send to staff ahead of the next meeting for inclusion in the next meeting packet. DOCUMENTS: Presentation for Zoning Articles, Moderator Request Remote 2022ATM and STM 2022- 1, Art 8 comp plan motion,Article 40 Presentation, 2022ATM, STM 2022-1 Select Board Position Working Document, Draft Motion Article 26, Draft motion Article 27, Draft Motion Article 3 5,Historical Commission Statement on OSRD proposal 6. Review and Approve Battle Green Streetscape Proj ect Design Ms. Ba��y�ecused her�self f�om this item. John Livsey, Town Engineer, explained that he has forwarded to the Board all public comments received on this proposal within the last couple of weeks. Most of the feedback was focused on the roundabout at the Harrington/Hancock intersection. One concern was that the roundabout would cause too much of a delay. While one of the goals of the roundabout design is to cause speed reduction,this will actually improve safety and reduce travel time in this area. Other cancerns revolve around the First Parish Church losing the crosswalk that is currently directly in front of the door. Thus, some design alternatives are being considered to address this. At this point, it is critical to determine if the proposed geometry of the proposed proj ect is acceptable, in order to continue to move forward with the design. In response to a question from Mr. Lucente, Mr. Livsey stated that the middle of the roundabout is proposed to be a landscaped area. The speci�cs of this are yet unknown, as it will somevvhat be subj ect to public opinion. Steve McKenna, 9 Hancock Street, stated that he would vote against this proposed eyesore to be located next to the Battle Green. He believes the proposed signage will be an eyesore and also confusing. He also noted that he believes there is still a gas leak issue with the current island. Allison Burson, LHS Class of 2003, stated that she has always found this intersection very scary, and she is thankful that the safety improvement to slow traffic speeds is being examined. Katie O'Hare Gibson, 3 Belfry Terrace, spoke as a representative for the First Parish Church. She stated that there is concern regarding the proposed crossing in front of the Church. She also explained that she hopes this proposed addresses the poor sightlines when heading eastbound on Bedford Street. Mark Anderson, Mass Ave., asked how bicycling will be handled along the roundabout. Ms. Hai noted that the Board has received several letters of support from the Bicycle Advisory Committee. Mr. Livsey noted that cyclists will have the option, if they are comfortable, staying in the roadway traveling with vehicles moving at about 20 mph. But alternatively,there'll be locations where bicycles can enter the sidewalk and travel along sidewalks and crosswalks through the area. He stated that he will verify if bicycles are allowed to travel on the sidewalk in this location. Dawn McKenna noted that there has been a Liberty Ride Trolly stop in front of the Cary Library for 15 years and it will be important to maintain that. The Tourism Committee heard a presentation on this item but took no vote. She was surprised that abutters were not notified that this item would be on the Board's agenda this evening. She noted that making such a significant change in a roadway next to a national historic landmark is a significant issue. This proposal will make it harder for her to access her property. She is also concerned with the amount of landscaping she's completed along her property line being impacted by this proj ect. In response to a question from Mr. Lucente, Mr. Livsey stated that, if the Board votes to approve the geometry, it will remain as shown. Mr. Livsey noted that he has been in touch with the Masonic Meetinghouse but does not yet have feedback from them. The proposal would seek some land from that property as a donated easement. If this was rejected, he would need to come back before the Board,but it is difficult to move forward with further design of the proj ect without first approving the geometry. Mr. Lucente expressed concern with bringing this proposal to Town Meeting while there are still some unknowns, such as the Masonic Meetinghouse. Mr. Pato suggested that the Board vote to approve the proposed geometry, in order to not further delay the proj ect. Mr. Malloy stated that there appears to be 274 s.f. on Bedford Street and 58 s.f. on Hancock Street near the Masonic Meetinghouse that would need to be altered for the proposed sidewalk. He will work with Mr. Livsey to move this item along. Ms. Hai stated that she would also suggest moving this item along, with the caveat that these details will need to be ironed out before Town Meeting. Upon a motian duly made and seconded,by roll call, the Select Board voted 3-1 to approve the intersection improvements and general geometry of the plans for the Battle Green as presented on 2-1-22 and attached hereto. Ms. Ba��y�etook her seat. DOCUMENTS: Battle Green Streetscape Presentation 7. Update on Compost Fees Dave Pinsonneault and Robert Beaudain presented to the Board. Mr. Beaudoin explalned that the last time a rate increase was proposed for the Hartwell Avenue compost site for the materials and disposal was in 201�. �ince 2001, total revenues collected have been approaching almost$9M, and the Compast Revolving Account has a balance of approximately $450,000 at this time. He explained that the proposal is to increase the cost of half-inch screen compost, from$18 to $20. The same increase is proposed for topsoil. The 50/SO loam and compost blend is proposed to increase from $20 to $22.50. Yard waste and grass is proposed to increase from$9/cubic yard to $11/ cubic yard. Brush 4"minus is proposed to increase from$10/cubic yard to $15/cubic yard, and leaf and bark mulches are proposed to increase from$30/cubic yard to $33/cubic yard. The current permit for landscape contractor trucks, annual permit 2— 14 cubic yard capacity mid-March to mid Dec.,ranges from$768-$2,304 for disposal per truck. He is proposing to increase this by 10%,plus a$50 per vehicle registration fee. The current permit for landscape contractor trucks, Seasonal Permit 2— 14 cubic yard capacity October 15—Dec. 15, ranges from$300-$900 for disposal per truck. He is proposing to increase this by 15%,plus a$50 per vehicle registration fee. He noted that there are several cost avoidance benefits of the compost site, including disposal of TOL yard waste, mitigation of CO2,providing $25K of landscape product to DPW,providing free screened compost, and promoting sustainability. Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve the recommended compost fee increases for goods and services as presented, clarifying that the 50/50 loam and compost is at$22.50 DOCUMENTS: compost fee increases ATIOURN Upon a motian duly made and seconded,by roll call, the Select Board voted S-0 to adjourn the meeting at 10:15 p.m. A true record; Attest: K:ristan Patenaude Recording Secretary SELECT BOARD MEETING March 9, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:30 p.m. on Wednesday, TVlarch 9, 2022 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining-Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union Ms. Bar��y�ecused he�self f�om th is i te�n. Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to enter Executive Session under Exemption 3: to discuss strategy with respect to collective bargaining-Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union, and to reconvene in Open Session following. It was stated that an Open Meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Board reconvened Public Session at 6:56 p.m. Ms. Ba��y�etook he�seat on the Boa�d. PUBLIC COMMENTS—None SELECT BOARD MEMBER CONCEF:NS & LIAI�(JN REPORTS 1. Select Board Member Concerns & Liaison Reports Ms. Hai congratulated those newly reelected and elected members of the community from the March �, 2022 Town Elections. She thanked all wha ran in the election. DOCUMENTS: Select Board Concerns and Liaison Reports -March 9,2022 TOWN MANAGER REPORT -None CONSENT AGENDA 1. Water and Sevver Adj ustments To approve the above Water& Sevver Adjustments as recommended by Water and Sewer Abatement Board January 2�, 2022. DOCUMENTS: 1/27/22 WSAB Water& Sewer Adjustments 2. Accept Gift of Scoreboard to Recreation Department for Center Recreation Complex To accept the donation and approve the installation of a new,replacement scoreboard at the Center Recreation Complex—Center Field#1 as proposed in the Recreation Committee memo dated February 23, 2022. DOCUMENTS: Request to accept donation of replacement scoreboard at Center Recreation Complex Upon a motion duly made and seconded,by roll call, the Select Board vated 5-0 to approve Consent Agenda Items 1 & 2. Pulled Consent Items: 3. Approve the Lexington Housing Assistance Board's (LexHAB) Updated Request to the Community Preservation Committee (CPC) for 116 Vine Street Construction Funds- PULLED FOR INDIVIDUAL CONSIDERATION, see below Mr. Burbidge, Chair of LexHAB, stated that this previously requested funding is to subsidize the construction of six units at 116 Vine Street. The full request to the CPC is for$5,655,526. The cost of these affordable housing units to the Town will be approximately$1,000,000,which is difficult to be comfortable with. This may not be in the best interest of the To�wn. LexHAB will not seek this funding and is not currently looking for a vote from the Board. DOCUMENTS: LexHab's Request to Update their CPC Funding Request for 116 Vine Street Construction Funds ITEMS FOR INDIVIDUAL CONSIDERATION 1. Joint Meeting- Select Board and School Committee • Discussion on Potential Lexington High School Construction Proj ect • Status of LPS Statement of Interest Application • Next Steps and Considerations Regarding Massachusetts School Board Authority(MSBA) Process • Call for Special Town Meeting 2022-2 Kathleen Lenihan, Chair of the School Committee, called their committee to order at�:23 p.m. Members attending include Sara Cuthbertson,Deepika Sawhney, and Larry Freeman. Along with Dr. Hackett, Superintendent of Schools and Sarah May, student representative. Dr. Hackett stated that the proj ect was accepted for invitation into the eligibility period by the MSBA Board of Directors on March 2, 2022. Lexington now has 270 days (9 months)to prove its readiness to fund and manage the proj ect. She suggested keeping the original $1.8M request for the feasibility study at this time. Mr. Cronin agreed that he believes this will be a competitive proj ect that companies want to bid on. Mr. Malloy noted that the funds can be appropriated, and the School Building Committee can be set up, prior to the meeting with the MSBA in June. In response to a question from Ms. Barry, Mr. Malloy stated that, if the $1.8M is not enough for the study, an additional encumbrance request will be made. However, a maj ority of people involved are comfortable with this number as presented. In response to a question from Mr. Lucente regarding public input into the feasibility study process, Dr. Hackett stated that the process works best when many members of the community give input throughout the timeline. There will be steps taken to engage and educate the public. There is high motivation to make sure the community is engaged constantly during the process. The Building Committee takes the official votes,but this is the community's proj ect. Upon a motlon duly made and seconded,by roll call, the School Cammlttee voted 4-0 to request the Select Board hold a Special Town Meeting to appropriate funds for the LHS MSBA Feasibility Study. Ms. Hai stated that this item will be added to the Board's Monday meeting packet for a vote. David Kanter asked if the Capital Expenditures Committee will be part of this process. Ms. Hai stated that this can be a conversation moving forward. Dawn McKenna,Precinct 6 Town Meeting Member, stated that she would like the Building Committee to be robust enough that the community feels heard. The School Committee ,by roll call,voted 4-0 to adjourned its committee at B:OSp.m. The Select Board continued onto the next item on their regular agenda. DOCUMENTS: Presentation-MSBA Capital Pipeline Process and Implications for LHS, Hastings Timeline, MSBA Sample Timeline,MSBA Approval Letter-Ellglblllty PerlOd I11Vltat1011,Draft warrant language for STM 2022-2 The Select Board returned to 2. Accept and Sign Conservation Restriction-53/55 Watertown Street Ms. Hai noted that the Conservation Restriction places 6.525 acres into preserved open space for the purpose of water quality protection and public access to trails. Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve and sign the Conservation Restriction dated 2-15-2022 from Lexington Senior Housing Owner LLC to the Town of Lexington, acting by its Conservatlon Commission, in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. DOCUMENTS: Lexington Conservation Restriction 102 Ref 17019 EEA Approved for Local Signatures, Metes&Bounds Description of CR Premise, Plan of Conservation Restriction Premises 3. Amendment to Battle Green Use Request—William Diamond Junior Fife and Drum 7.35pm Corps- Change in Event Time&Request for Lighting Ms. Hai noted that this request was originally approved at the Board's February�, 2022,meeting. The applicant is now requesting an extension of the time permitted, an area of the Green to be roped off, and to work with the DPW on lighting far the event. Ms. McKenna, Chair of the Tourism Committee,thanked the applicant for bringing this popular item forward again this year. Upon a motian duly made and seconded,by roll call, the Select Board voted S-0 to approve the amendment to the William Diamond Junior Fife and Drum Corps Battle Green Use Request for the change in event time for the annual Lexington Fife and Drum Tattoo on Friday, May 6, 2022 from 6:S Opm to 8:OOpm to now take place from 6:3 0pm to 8:3 0pm and to work with the Department of Public Works regarding the details of the newly requested roped off area and lighting on the Battle Green. *and all approvals and locations are subject to modifications as may be required by Department of Public Works,Public Safety, Engineering and/or Town Manager up to the time of the event. 4. 2022 Annual Town Meeting& Special Town Meeting 2022-1 • Review Results of Town Meeting Member Association (TMMA) Survey Regarding In- Person Versus Remote Participation for Town Meeting • Discussion and Determination on Method of Participation for Town Meeting Ms. Hai explained that the TMMA undertook a survey of its members regarding remote versus in-person participation. Mr. Friedlich explained that 146 responses were received and 74.5%preferred remote participation. Many members noted that they may not participate if it is held in-person. Ms. Barry asked if staff has been polled on this item yet. Mr. Malloy stated that he asked the senior staff their opinion noting three staff inembers stated they preferred virtual, four preferred in-person, and two had no preference. Ms. Hai expressed concern over the 39%of TMMA members that nated they would likely not be able to participate in one or more session if held in person. Mr. Lucente asked about feedback from other communities on their processes. Mr. Malloy noted that Danvers, Weston, South Hadley, Wayland,Bedford, and Needham will be holding their meetings in- person. Burlington will be holding a hybrid session, and Arlington will likely be in-person. Mr. Lucente asked about the process of moving toward a hybrid salution. Mr. Pato stated that this may be attempted in the future,but not for Annual Town Meeting. Mr. Lucente stated that he believes there will be a loss of interpersonal interactions and ability for more distractions during remote meetings. Mask mandates are attempting to be lifted, and numbers across the State have dropped significantly. Certain items, such as mandatory mask wearing, could be used to mitigate concerns about meeting in-person. Ms. Bar�y stated that she will likely vote to hold the meeting in-person, in consideration of the employees,both municipal and school, who have been working in-person. Mr. Pato explained that many people have stated how they would like to hold this meeting. There is no less work involved in Working remotely, than in-person. There has been a significant expression shown that many people are uncomfortable meeting in-person and will likely not come to some/all meetings. Mr. Sandeen agreed with Mr. Pato and stated that he is also influenced by the request of the Town Moderator, Chair of the TMMA, and the three-quarters of Town Meeting Members who hav�requested to hold this meeting virtually. Ms. Hai stated that the Board agreed to ask Town Meeting Members for their preference. This was heavily weighted in one directian. A signi�icant increase in participation has been seen through remote meetings. A hybrid solution will likely be preferred in the future. Mr. Lucente stated that his concern is that not all Town Meeting Members or even all in Town has equal access to technology. This suggestion alienates these people. He would like to make sure efforts are made for those who need it. Ms. Hai noted that all Board members agree with this sentiment. Upon a motian duly made and seconded,by roll call, the Select Board voted 3-2 to apprave the Maderator's request for remote Annual and Special 2022 Town Meetings. • Select Board Article Presenters,Discussion and Positions The Board reviewed its position chart. Under Special Town Meeting,Article 2—Appropriate for Police Station Construction, Ms. Barry asked that the Board take this up for further discussion at its March 14, 2021,meeting. Per Special Town Meeting,Article 3 —Authorize and Ratify Remote Town Meetings,this item will be IP'd. Article �—Climate Action Plan: Mr. Pato stated that the Sustainability Committee has not yet made a recommendation on this item. The group is waiting to see what the thoughts are of the new Sustainability Officer. Mr. Malloy stated that he will get something in writing from the Sustainability Officer for the Board to review. Article $—Appropriate for Comprehensive Plan Implementation: Mr. Sandeen stated that the Comprehensive Plan Advisory Committee has delayed its approval of this Plan and are not planning to meet again until April. The committee was also not sure of the status of the consultant on this proj ect. More information on this item will be compiled for the Board to review. Article lOb—Wright Farm Barn Stabilization: Mr. Malloy stated that this funding is to stabilize the barn structure, and to fix and replace windows and gutters. Maintenance needs to be done to preserve this building for potential future use. Article 10e—Center Playgrounds Bathroom and Maintenance Building Renovation: Ms. Barry stated that the Recreation Committee is unclear on what the full request amount will be. There is also concern regarding if a portion of the Center Rec complex will be needed for the new High School. Mr. Pato stated that he would like to see a comprehensive plan for the entire area. The Board agreed that more information is needed on this item. The Boa�d took a b�ief 3-minute�ecess at 8:49 p.m. It then tabled this iteYn to late�in the meeting, to take up its joint meeting with the Planning Boa�d. DOCUMENTS: Presentation- TMMA Survey&Results, Recreation Committee Opinion-Article 25, GCC Opinion-Articles 12B & 12N,Art 3 3-Ratify Remote Town Meeting(ip),Art 3 6 draft motion. Refer to PB 3.7.22,Art 40 Motion to Refer to PB. 3.7.22, 2022 Consent Agenda,Art 3 STM Ratify remote town meeting(IP),BOH Letter of support-Article 28-Humane Pet Store,BOH Letter of support -Article 2� -Zero Waste,Article 16H Center Pool Water Heater, 2022ATM, STM 2022-1 Select Board Position Working Document 5. Joint Meeting—Select Board and Planning Board • Required Select Board Briefing on Draft Multi-Family Zoning for MBTA Communities Charles Hornig, Chair of the Planning Board, called the Planning Board to order at 8:54 p.m. Joining him were Board members Robert Peters, Michael Shanbacher,Melanie Thompson,Michael Leon, Robert Creech, and Acting Planning Director Sheila Page, and Assistant Town Manager for Development Carolyn Kowalski. Ms. Hai explained that the State requires that the Planning Board update the Select Board on the MBTA Communities draft guidelines. Ms. Kowalski explained that, as of January 2021, changes were made to MGL 40A, including a new section 3A that requires communities with MBTA service to allow multi-family housing as a right. Lexington is considered an MBTA bus-service community. A comment period on the draft guidelines closes on March 31, 2022. The multi-family area needs to be 50 acres minimum,with at least 25 contiguous acres. The unit capacity calculated for Lexington would thus be 2,462 units, and the minimum gross density must be 15 units per acre. At 15 units/acre, Lexington would need 165 acres, or approximately 1% of the Town. This area cannot be age-restricted and must be suitable for families with children. By December 2023,the Town will need to submit a proposed action plan. Within 90 days of adopting the necessary zoning, the Town would submit an application for compliance. There is no way to opt-out of these guidelines. The zoning changes needs to prescribe allowing multi-family housing. • Review Draft Comments for MBTA Communities Housing Draft Guidelines The Planning Board is requesting that the Select Board co-sign the response letter from the Town. The Select Board agreed to review this item in preparation to discuss it further at its March 21, 2022, meeting. The Planning Board adjourned its Board at 9:26 p.m. The Select Board returned to their regular agenda. DOCUMENTS: Presentation-MBTA Multi-Family Zoning Brie�ng,MBTA Communities Engagement Sessions-C. Kluchman, DHCD Presentation to League of Women Voters First Friday Forum,DRAFT Joint Planning Board/Select Board Letter with Comments to Executive Office of Housing&Economic Development • Select Board Article Presenters,Discussion and Positions The Boa�d�etook its discussion on the position char�t at this time. Article 12a—Hartwell District Signage: Mr. Malloy explained that this is a request for district signage and safety signage. Mr. Sandeen stated that he supports the safety signage,but not the funding for branding signage. Mr. Pato agreed with Mr. Sandeen. Article 12n—Battle Green Streetscape Improvements: Mr. Lucente explained that he is waiting to hear feedback from the Masonic Lodge. Article 12p—Public Parking Lot Improvement Program: Mr. Malloy explained that there the future potential redevelopment of this area will not be known for some time. This proj ect is to redesign some of the parking lots downtown. These lots are in fair/poor condition and the circulation within and between them are not adequate. The funding includes surveys, and conceptual plans to improve the overall efficiency of the area. Mr. Lucente, Ms. Barry, Mr. Sandeen, and Mr. Pato all noted that they are `yeses' for this item. Ms. Hai stated that she will continu�to be a `wait' on this item. Article 16h—Town Pool Water Heater Replacement Mr. Sandeen asked about the proposed breakdown of funding on this item. He stated he would support the $3,500 funding allocated for design work,but was not convinced with the larger amount of funding proposed for construction documents. He asked if the Town Manager would be coming back to the Select Board for approval after the design work was completed. The Town Manager said staff would come back to the Board for approval before beginning construction. The Town Manager is expecting to bring the request for construction funding back for fall Town Meeting approval. Article 2�—Zero Waste Resolution(Citizen Petition): Mr. Malloy explained that these resolutions are presenting more gray areas to Staff. It is important to know if these proposed resolutions change the way operations are run. Mr. Pato pointed out the Town is at the end of the trash collecting contract and this is an important time for the resolution to shape how we move forward with our next contract. Mr. Sandeen agreed with Mr. Pato and stated that the proponents have presented an opportunity to save money by diverting food waste from the trash stream. He mentioned that other resolutions considered by Town Meeting, such as the systemic racism resolution,were not expected to identify potential costs. Article 30—Amend Special Act—Planning Board and Town Meeting: Mr. Pato stated that he does not agree with expanding the ex-officio seats at Town Meeting. He would rather remove ex-officio seats. He does not see what problem this proposal is fixing. Ms. Hai explained that she does not agree with not putting the Planning Board on the same foot as the Select Board. Mr. Hornig stated that this is about the Planning Board being able to make routine motions at Town Meeting. It does not seem appropriate that the Planning Board must ask others at Town Meeting to vote to make their report. Article 31 —Amend General Bylaws—Reporting, Disclosing, and Assessing the Energy and Water Use of Large Buildings: Ms. Hai stated that smaller building owners expressed concern regarding this item. Mr. Pato stated that the Economic Development Advisory Committee reaffirmed its unanimous support of this item. Ms. Barry asked if this item would have an impact on staff and resources. Article 33 —Authorize and Ratify Remote Town Meetings: Ms. Hai stated that she believes this item will be placed on the Consent Agenda. Article 34—Allow for Select Board to Call Remote Town Meeting: Ms. Hai suggested that the Board delay this item indefinitely at this time. Mr. Pato noted that, if the Board would like to be able to call a Town Meeting via hybrid session in the fall, it will be more dif�cult if this item is removed from the vote. Mr. Lucente stated that he is uncomfortable moving forward with this vote based on only one recent survey without any rules placed on it. Ms. Barr`Y agreed to IP this item. Mr. Sandeen stated that he would like to hear from Town Council on the implications of IP'ing this item. He noted that Town Meeting Members have strongly mentioned wanting the ability to be able to hold meetings via hybrid session in the future, and it is unclear if that will be possible if this is IP'd. Ms. Hai, Mr. Lucente, and Ms. Barry all agreed with IP'ing this article. Article 3 6—Amend Zoning Bylaw and Zoning Map—Mixed-Use Development and Multi-Family Housing: The Board agreed on this article being referred back to the Planning Board. Article 40—Amend Zoning Bylaw—Sustainable Residential Incentives (Citizen Petition): The Board also agreed on this item being referred back to the Planning Board. 6. Discussion on Select Board Meeting Participation-In-Person/Hybrid/Remote Ms. Hai suggested that those Board members who feel comfortable begin meeting in-person again,while other members may continue to meet remotely,to carry out meetings in a hybrid fashion. Mr. Lucente stated that most of his liaison committees are also interested in returning to meeting in- person. He asked what the standard will be for these other Town committees. Mr. Pato asked if the Town has the facilities to add broad public access to its meeting rooms at this time. Mr. Malloy stated that the public will be able to meet in-person for board/committee meetings. Mr. Pato stated that he would prefer if the Board continued hybrid meetings for as long as possible, due to additional public participation that has occurred in this format. Mr. Sandeen stated that many of his liaison committees have expressed interest in continuing to meet remotely. The Board may want to allow flexibility for groups to make this decision on their own. The Board agreed to continue to hold virtual meetings until after Town Meeting, and then move to hybrid meetings. The Board agreed to continue public participation in their meetings via Zoom until after Town Meeting. The Board agreed to meet in a hybrid format with the School Committee on Monday evening. 7. Approve Collective Bargaining Agreements—Public Safety Dispatcher Union; Custodian Union; Police Superior Officers Union Ms. Ba��y�ecused he�self f�om this item and exited the rneeting. Mr. Malloy explained that the Police Safety Dispatcher Union agreed to a 2, 2, 2 increase, along with two steps onto the top of their pay scale. Also, Juneteenth will be added as a paid holiday. The Custodian Union also agreed to a 2, 2, 2 increase, and their uniform allowance was increased. Their detail rate was increased, and a new step 10 was added for the Head Custodian. Also,their bereavement leave was increased. The Police Superior Officers Union also agreed to a 2,2, 2 increase and Juneteenth was added as a paid holiday, and a longevity stipend of 1%was added for those with aver 20 years of service. Upon a motion duly made and seconded,by roll ca11, th� Select Board voted 4-0 to approve the contracts between the Town of Lexington and the Public Safety Dispatchers AFSCME Local 1703; Custodians AFSCME Local 1703; and Police Superior Officers IBPO Local 501 as negotiated and further to authorize the Town Manager to execute the contracts. ADOURN Upon a motion duly made and seconded,by rall call, the Select Board voted 4-0 ta adj aurn the meeting at 11:03 p.m. A true record; Attest: K:ristan Patenaude Recording Secretary JOINT MEETING SELECT BOARD AND SCHOOL COMMITTEE March 9,2022 A remote participation Joint meeting of the Lexington Select Board and the School Committee was called to order at 7:23p.m. on Wednesday, March 9, 2022 via Zoom remote meeting services. Present for the Select Board: Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Bar�y were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present for the School Committee: Kathleen Lenihan, Chair, Sara Cuthbertson; Deepika Sawhney; and Larry Freeman; Dr. Hackett, Superintendent of Schools and Sarah May, student representative. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discussion on Potential Lexington High Schaol Construction Proj ect • Status of LPS Statement of Interest Application • Next Steps and Considerations Regarding Massachusetts School Board Authority(MSBA) Process • Request to Call for Special Town Meeting 2022-2 Dr. Hackett stated that the proj ect was accepted for invitation Into the eligibility period by the MSBA Board of Directors on March 2, 2022. Lexington now has 270 days(9 months)to prove its readiness to fund and manage the proj ect. She suggested keeping the original $1.$M request for the feasibility study at this time. Mr. Cronin agreed that he believes this will be a competitive proj ect that companies want to bid on. Mr. Malloy noted that the funds can be appropriated, and the School Building Committee can be set up, prior to the meeting with the MSBA in June. In response to a question from Ms. Barr�y, Mr. Malloy stated that, if the $1.8M is not enough for the study, an additional encumbrance request will be made. However, a maj ority of people involved are comfortable with this number as presented. In response to a question from Mr. Lucente regarding public input into the feasibility study process, Dr. Hackett stated that the process works best when many members of the community give input throughout the timeline. There will be steps taken to engage and educate the public. There is high motivation to make sure the community is engaged constantly during the process. The Building Committee takes the of�cial votes,but this is the community's proj ect. Upon a motlon duly made and seconded,by roll call, the School Cammlttee voted 4-0 to request the Select Board hold a Special Town Meeting to appropriate funds for the LHS MSBA Feasibility Study. Ms. Hai stated that this ite�n will be added to the Board's Monday meeting packet for a vote. David Kanter asked if the Capital Expenditures Committee will be part of this process. Ms. Hai stated that this can be a conversation moving forward. Dawn McKenna,Precinct 6 Town Meeting Member, stated that she would like the Building Committee to be robust enough that the community feels heard. The School Committee adj ourned its committee,by roll call, voted 4-0. The Select Board continued onto the next item on their regular agenda. DOCUMENTS: Presentation-MSBA Capital Pipeline Process and Implications for LHS, Hastings Timeline, MSBA Sample Timeline,MSBA Approval Letter-Eligibility Period Invitation,Draft warrant language for STM 2022-2 ATIOURN Upon a motian duly made and seconded,by roll call, the Joint Meeting was adjourned at B:OSp.m. A true record; Attest: Kristan Patenaude Recording Secretary JOINT MEETING SELECT BOARD AND PLATTNING BOARD March 9,2022 A remote participation Joint meeting of the Lexington Select Board and the Planning Board was called to order at 8:54 p.m. on Wednesday, March 9,2022 via Zoom remote meeting services. Present for the Select Board: Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Bar�y were present, as well as Mr. Malloy, Town M�nager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present for the Planning Board: Charles Hornig, Chair, Robert Peters,Vice Chair, Michael Shanbacher, Melanie Thompson, Michael Leon, Robert Creech, and Sheila Page,Acting Planning Director, and Carolyn Kowalski,Assistant Town Manager for Development Carolyn Kowalski. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Required Select Board Briefing on Draft Multi-Family Zoning for MBTA Communities Charles Hornig, Chair of the Planning Board, called the Planning Board to order at 8:54 p.m. Joining him were Board members Robert Peters, Michael Shanbacher,Melanie Thompson,Michael Leon, Robert Creech, and Acting Planning Director Sheila Page, and Assistant Town Manager for Development Carolyn Kowalski. Ms. Hai explained that the State requires that the Planning Board update the Select Board on the MBTA Communities draft guidelines. Ms. Kowalski explained that, as of January 2021, changes were made to MGL 40A, including a new section 3A that requires communities with MBTA service to allow multi-family housing as a right. Lexington is considered an MBTA bus-service community. A comment period on the draft guidelines closes on March 31, 2022. The multi-family area needs to be 50 acres minimum,with at least 25 contiguous acres. The unit capacity calculated for Lexington would thus be 2,462 units, and the minimum gross density must be 15 units per acre. At 15 units/acre, Lexington would need 165 acres, or approximately 1%of the Town. This area cannat be age-restricted and must be suitable for families with children. By December 2Q23,the Town will need to submit a proposed action plan. Within 90 days of adopting the necessary zoning,the Tawn would submit an application for compliance. There is no way to opt-out of these guidelines. The zoning changes needs to prescribe allowing multi-family housing. 2. Review Draft Comments for MBTA Communities Housing Draft Guidelines The Planning Board is requesting that the Select Board co-sign the response letter from the Town. The Select Board agreed to review this item in preparation to discuss it further at its March 21, 2022, meeting. DOCUMENTS: Presentation-MBTA Multi-Family Zoning Brie�ng,MBTA Communities Engagement Sessions-C. Kluchman, DHCD Presentation to League of Women Voters First Friday Forum,DRAFT Joint Planning Board/Select Board Letter with Comments to Executive Office of Housing&Economic Development ADOURN Upon a motlon duly made and seconded,by roll call, the Joint meeting was adj ourned at 9:26 p.m. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING March 28, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:05 p.m. on Monday, March 28, 2022. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating from the Select Board meeting room using the Meeting Owl Pro device. Ms. Hai provided directions to members of the public watching or listening via the Zoom application,regarding the procedure for making a public comment. CONSENT AGENDA 1. Approve and Sign Joint MBTA Communities Letter to Executive Office of Housing and Economic Development To approve the amended joint letter to the Executive Of�ce of Housing and Economic Development from the Select Board and Planning Board regarding comments on the Draft Compliance Guidelines for Multi- Family Districts Under Section 3A of the Zoning Act as proposed. DOCUMENTS: UPDATED Joint Planning Board and Select Board Letter for Comments Regarding Draft Compliance Guidelines for Multi-Family Districts 2. Appoint Select Board Member to Nominating Committee for the Executive Board of the Cary Memorial Library Board of Trustees To appoint Select Board Chair Jill Hai as the Select Board Representative on the nominating committee for the Executive Board of the Cary l��emorial Library Board of Trustees. DOCUMENTS: Nominating Committee Request Letter from Cary Memorial Library Board of Trustees- Select Board Representative VOTE: Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Consent Agenda items. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article Discussion/Positions The Board agreed to highlight a few items from its report during Town Meeting Article 2. Ms. Hai stated that she would put this together for Wednesday. The Board reviewed its positions chart. The Board noted that it is unanimously in favor of Article 7. For Article 12N,the Board voted to be 4 in favor and 1 recused(Ms. Barry). The Board noted that it is unanimously in support of Article 12Q. The Board discussed Article 34. Mr. Makarious explained that Section 1 has the most substantive change, which limits the possibility for fully remote Town Meetings to be called in emergencies, other than long- term emergencies such as a public health emergency. The change also includes a tail period, so that meetings must be addressed within 60 days after the close of the emergency. Section 13 separates short- term emergencies into a different category than calling a meeting remote or hybrid during an emergency. This Section also mirrors the Statute—Chapter 39, Section 10, stating that,rather than trying to find another suitable location for the meeting, the Town may use a remote location. Mr. Pato raised some concerns regarding the language in this Article and how it might constrain a hybrid event. Ms. Hai noted that she would discuss this item with the moderator. Mr. Sandeen noted that he has some questions still to be answered regarding Articles 35, 38, and 39. Regarding Article 39, Ms. Hai expressed concern regarding the loss of residential zoning. Mr. Lucente agreed that the Article proposes some great changes, but the community needs to discuss what type of a proj ect it would like to see on this land. Mr. Sandeen noted that the MOU in Articles 3 8 and 3 9 may need some clarity as to the intention of operating generators during emergency situations and not just at any time. The Board agreed that there is more it needs to hear in regard to this. The Board discussed its positions for Articles of STM-2. DOCUMENTS: Art 31 Revised motion,Art 31 Sus Lexstatement about changes, STM2022- 2Artlmotionreports, STM2022-2Art2LHSmotionrevised, STM 2022-2 Art 4 Comp plan motion, Art350SRDmotion, Art35PBreport, Art36PBreport,Art37PBreport,Art38PBreport,Art39PBreport, Art40PBreport,Art 34 motion draft,2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, DRAFT dated 3.18.2022 -PROPOSED SCHEDULE FOR ATM 2022, STM 2022- 1, STM 2022-2 ATIOURN Upon a motion duly made and seconded,by roll call, the Select Board voted S-0 to adjourn the meeting at 6:58 p.m. A true record; Attest: K:ristan Patenaude Recording Secretary SELECT BOARD MEETING March 30, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Wednesday, March 30, 2022 via remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting vvas being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating from the Select Board meeting room using the Meeting Owl Pro device. Ms. Hai provided directions to members of the public watching or listening via the Zoom application,regarding the procedure for making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve and Sign Agreements for Moderate Income Housing and Golden Avenue Buffer Restrictive Covenants-Waterstone and Bridges at Lexington Liz Rust, Director of the Regional Housing Services Office, explained that some of the units in the Waterstone Proj ects are moderate-income units that are part of the Town's Moderate Income Housing Program. These documents are being presented to the Board for review and approval. In response to a question from Mr. Sandeen, Ms. Rust explained that there are 21 affordable housing units included in this proj ect. These units are part of the traditional LIP (Local Initiative Program)process through DHCD. This is still in final review with DHCD and the proj ect team and should be moving forward within the next couple of months. The moderate housing units will be leased through a waitlist process. Applications will be ready for these units shortly. This process is being run through the development team, Epic Senior Living. This information will be posted to the Town's website. VOTE: Upon a motion duly made and secanded,by roll call, the �elect Board voted 5-0 ta approve the Moderate Income Housing Agreement between the Town of Lexington and Lexington Senior Housing Owner LLC for 53 & 55 Watertown Street(Waterstane); and to approve the Moderate Income Housing Agreement between the Town of Lexington and Lexington Senior Housing Owner LLC for 56 Watertown Street(Bridges); and to approve the Restrictive Covenant between Town of Lexington and Lexington Senior Housing Owner LLC to establish a vegetated buffer area in the vicinity of Golden Avenue. DOCUMENTS: Bridges Moderate Income Housing Agreement,Waterstone Moderate Income Housing Agreement,Restrictive Covenant-Golden Avenue,Exhibit A-Golden Avenue Buffer Area Plan 2. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article Discussion/Positions Ms. Hai noted that the correct amount for Article l0e is $680,000. The Board discussed a potential amendment to Article 12a that a Town Meeting Member might offer,to not allow for Hartwell Innovation Park branding signage. Mr. Malloy suggested that the Board not support this amendment, as the originally proposed article is part of a marketing effort for economic development. Ms. Hai noted that she would ask the Moderator if this amendment was submitted on time to be considered. Ms. Hai noted that Article 25 will still be its own item for discussion at Town Meeting but will likely be IP'd. The Board discussed Article 26. Mr. Malloy recommended that the Board support this article. The Board agreed unanimously to support this article. Regarding Article 27,Ms. Hai noted that the Board received a memo this morning with a vote of support from the Waste Reduction Task Force,which does include several members of staff, including the Department of Public Works Director,the Environmental Services Superintendent, and the Sustainability &Resilience Officer. The motion has been changed to remove the funding request and the mandate language; thus, it is now a non-binding resolution. Mr. Malloy noted that no person,body, committee, or board has been charged with the responsibility to oversee this proj ect over the next year. He does not believe that this resolution will change human nature, in regard to those who do not already recycle, compost, etc. He would like to see the proponents of this Article work with staff to determine effective ways to make changes and reduce solid waste. In response to a question from Ms. Barry,Mr. Pato noted that the Waste Reduction Task Force was formed at the request of the Select Board approximately 18 months ago. The working group is made up of staff and residents,with a goal to improve diversion of food waste and reduce overall waste in Town. Ms. Barry noted that four members of staff have voted in support of this article. Mr. Malloy stated that he has not yet had time to discuss this further with staff. Ms. Hai stated that, regarding this article and Article 31, she continues to be concerned that the Board is acting to supplant the judgment of the Resilience & Sustainability Officer, and also the intended product of the Climate Action Plan,which is designed ta "lay out an implementable roadmap for Lexington's highest priority climate actions for the next five years." Mr. Sandeen noted that the Sustainable Action Plan, adopted by the Board in 2018, calls for the development of a Zero Waste Plan. He sees Article 27's call to develop a Zero Waste Plan as consistent with that goal. Mr. Sandeen recalled that the Town Manager had previously stated that creating a Zero Waste Plan was not in scope for the proposed Climate Action Plan. Mr. Sandeen also expressed support for the Waste Reduction Task Force's recommendation. Mr. Malloy asked why this is coming in as a petitioned article, instead of through the normal channel of the Waste Reduction Task Force. Ms. Barry stated that she would also like to see an analysis of how this would impact staff time and resources. It was noted that the previously discussed potential amendment to Article 12A would be allowed at Town Meeting. The Board reviewed its positions on the potential amendment: 3 against, 2 waits. Regarding Article 31,the language of this motion was changed today. Mr. Malloy expressed concern regarding this article being ready for Town Meeting. Mr. Sandeen noted this effort was initiated by Town staff,that the previous Sustainability Director, Stella Carr,brought this idea to Sustainable Lexington and asked them to support it. Sustainable Lexington was supporting her in that effort by continuing to move forward this item. Mr. Malloy noted that when Stella Carr left, she made it very clear to Sustainable Lexington that this proposal was not ready to move forward. Regarding Article 39, Mr. Malloy explained that the proponent has carried out traf�c studies to compare multifamily housing with a 200-unit housing development, versus the life science building versus the athletic club previously on this site. The scaled back life science building was proposed to be 165,000 s.f., four-stories with mechanical on the roof, and a 44' tall garage. A 200-unit multifamily housing proj ect would be built on a podium,with parking underneath, 15' tall and five-stories, 11' each, for a total of a 70' tall structure throughout the entire stretch of the proj ect. In terms of future tax revenues, approximately$1.8M is estimated for the life science structure and approximately$670,000 for a multifamily structure. A multifamily structure could also be estimated to add approximately 13 8 students/year to the school system. Mr. Malloy recommended that the Board support this Article because traf�c created by either a life science or multifamily use would be less than from the historical use as a sports club; a multifamily structure would have greater massing than the proposed life science building; a multifamily project would also require rezoning or a PSDUP Town Meeting Article; estimated future property tax revenues from a multifamily project would be 3�% of the amount from the proposed life science building, the contribution to the Capital Stabilization Fund would be 29%, and loss of property taxes over a 10-year period would be estimated to be $11.2M; and a multifamily proj ect would have additional municipal and school costs associated with it. Mr. Sandeen asked if the entire acreage, including easements, of the 475 Bedford Street lot could count toward the MBTA Multi-Family Zoning requirement. Mr. Malloy stated that he would look into this. Mr. Pato stated that he is a little cautious about putting too much weight on the educational burden, etc., items. The Town will be looking to have this type of denser development over the next couple of years, and,thus, those costs are coming. These numbers need to be looked at from a planning perspective. Mr. Lucente stated that the neighborhood has been vocal about its obj ections to this proj ect. He believes they will be vocal regarding any proposed proj ect other than single-family housing. He noted that the Town needs to determine what the best use for this area is. Mr. Sandeen said he would be very interested in hearing Town Meeting's perspective regarding the alternative 200-unit,multi-family development the Town Manager mentioned in his memo. DOCUMENTS: 2022ATM, STM 2022-1, STM 2022-1 Select Board Position Working Document,Proposed Town Meeting Schedule-as of 3-29-2022,Art 27 revised motion 3/29 ADOURN Upon a motion duly made and secand�d,by roll call, the Select Board voted 5-0 ta adjaurn the meeting at 7:08 p.m. A true record; Attest: K:ristan Patenaude Recording Secretary SELECT BOARD MEETING Apri104,2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Monday, April 04, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Mr. Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback,Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting vvas being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. CONSENT AGENDA 1. Approve Battle Green Permit Application To approve the request of the Lexington Historical Society to use the Battle Green on Wednesday,April 20, 2022 from l 0:00am to 2:OOpm for the purpose of their annual Battle of Lexington Reenactment for children with a rain date of Thursday, April 21, 2022, 2. Appoint Entertainment License Application To approve an Entertainment License for Lexington Thai Room, Inc. d/b/a Thai Room, 182 Bedford Street, for the purpose of providing radio/recorded background music within the restaurant space. 3. Appoint One-Day Liquor License Application To approve a One-Day Liquor License for the Grand Lodge of Masons in Massachusetts to serve beer, wine, and spirits at the �cottish Rite Masonic Museum&Library, 33 Marrett Road, for the purpose of a Golden Gavels Awards Ceremony on Saturday, May 14, 2022 from 3:OOpm to 9:OOpm. VOTE: Upon a mation duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Consent Agenda items. ITEMS FOR INDIVIDUAL �tJNSIDERATION 1. Review and Approve Electric and Gas Contracts for Town Operations Supply Mr. Malloy explained that the current electric contract does not expire until December 2023,but the Town's consultant is recommending to extend the electric contract by 35-months, to 2026, and to extend the gas contract by 30-months, to 2026. Brian White, Freedom Energy, explained that Lexington enj oyed a combined savings of approximately $2�9,000 betvveen natural gas and electricity, compared to the utility rates in 2021, and is proj ected to do better than that for 2022. The proposal is to secure fixed electric and natural gas agreements that are well below these utility rates. For natural gas, the proposed start date would be October 2023. The current contract price is $0.531 cents a therm for natural gas. The 30-month extension agreement would lower this rate to $0.518 cents a therm. This would be the lowest natural gas rate Lexington has secured since 2006. Mr. Malloy stated that the Sustainable Lexington group asked for a couple of items to be reviewed from this proposal. He will work on these items with Mr. White. Mr. White explained that the Town's current electric contract includes 10%Mass Class I RECs and 72% National Wind RECs. The proposal is for 13% or 15%Mass Class I RECs. Lexington has proposed to be at 50%renewable energy by 2030. This proposal will keep the Town ahead of schedule to meet that goal. He will work with Mr. Malloy to also adjust the numbers for a proposal of 20%Mass Class I RECs, as suggested by Sustainable Lexington. Mr. Sandeen agreed with the suggestions put forth by Sustainable Lexington. Mr. Pato stated that the Community Choice aggregation,the contract for the Town as a whole—residents and businesses, is currently securing 20%Mass Class I RECs, so this is a reasonable item to look at further. VOTE: Upon a motion duly made and seconded,by roll call,the �elect Board voted 5-0 to authorize the Town Manager to enter contracts for the Town's electric and gas supply through October 2026 and April 2026 (respectively) after the bid opening. DOCUMENTS: Gas Bid Information, Electricity Bid Information 2. Call for Special Election-Debt Exclusion Vote and Vote Debt Exclusion Question VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted S-0 to call for a Proposition 2 1/2 debt exclusion election for Monday, June 6, 2022 from 7:00 a.m. to 8:00 p.m., and further move to approve and sign the attached Special Election Warrant regarding election date and time and the question for the debt exclusion election. DOCUMENTS: Debt Exclusion warrant 6/6/22 3. 2022 Annual Town Meeting& Special Tawn Meetings 2022-1/2022-2 Article Discussion/Positions Mr. Lucente noted that a letter was received from an abutter of Article 12N. Mr. Malloy stated that Mr. Makarious and Mr. Livsey will be able to speak to this item during Town Meeting. He explained that moving the McKenna's driveway, as proposed,will give them the ability to leave in either direction, however, leaving it in the existing location will allow them to only head north on Hancock Street from their driveway. The Board reviewed its positions on open Articles. Regarding Article 34, Ms. Hai explained that this provides for a request to the legislature for a Home Rule petition to allow the Town to make rules regarding either remote or hybrid participation to be done by bylaw; it does not determine the speci�ics of those changes. Article Three in Special Town Meeting gives the Board the process to do this via bylaw. Mr. Pato noted that this article and the proposed amendment to the bylaws only allows for hybrid meetings. There are no provisions, as proposed, for a fully remote meeting; that would still require state action. Ms. Hai noted that the only exception to this is for a single-day emergency remote participation meeting,per the Home Rule petition. Ms. Hai explained that, even if these items are passed and it is brought to the legislature,the Town still does not have the ability to hold have hybrid or remote meetings. The Board then only has the authority to bring a bylaw change to Town Meeting, and Town Meeting would still need to approve that bylaw change before the Board would have the authority to actually use hybrid or fully remote technology. In response to a question from Mr. Lucente, Mr. Pato explained that the Article, as presented, lists a need for at least�S voters in-person,plus a minimum of 25 remote, for a total of 100 in the quorum. The intent is for these to be mostly in-person meetings,but with an accommodation for those who cannot attend in- person, and to allow those people to be full participants in the meeting. If the bylaw requires �S in-person, and that number are not present,the quorum requirement has not been met. Forcing a sizable quorum attempts to set an expectation to meeting members to attend in-person, if at all possible. Ms. Bar�y stated that there is a concern that people could take advantage of this item. Ms. Hai reviewed that the vote is 3 in favor of supporting Article 34,both sections 1 &2,with the other two Board members as waits. Those in favor would also be in favor if section 2 is dropped from the Article. There are also 3 in favor, 2 waits, for Article 3, Special Town Meeting 2022-2. Ms. Bar��y�ecused her�self at �:14pm. Ms. Lucente readdressed the letter from the abutter,regarding Article 12N. Ms. Makarious noted that he does not believe there is anything in this Article that would be limited by the terms of the existing lease, but this can be addressed further during Town Meeting. Ms. Ba��y�ejoined the meeting. DOCUMENTS: 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, Proposed Town Meeting Schedule -as of 3/31/22,Presentation-Hybrid and Remote Access Articles, DR.AFT ATM Article 34_Motion-bylaw only, Information Outline-HybridRemote access articles, Art 31 Revised motion 4.4.22, Kanter amendment(IP)Art 31, Creech amendment Art 3 5, STM 2022-2 Article 3 Motion ATIOURN Upon a motian duly made and seconded,by roll call, the �elect Board voted S-0 to adjourn the meeting at 7:17 p.m. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING April 06, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Wednesday, April 06, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. PUBLIC COMMENTS Pam Hoffman, Precinct 7 Town Meeting Member, stated that she is one of more than 300 Lexington residents who have made public their opposition to Article 39 -Rezoning 475 Bedford Street. Everyone agrees Lexington needs more housing diversity, and more places for people to live,but the conversation regarding reasonable housing options at 475 Bedford Street cannot begin until Article 39 is voted down. The Town needs a plan to provide workforce housing options for downsizers and multifamily housing as well. 475 Bedford Street is an excellent parcel for site-sensitive multiunit housing and should be included in Lexington's town wide plan to meet its housing goals. Doris Wong, 12 Drummer Boy Way, also spoke against Article 39. She stated that this proposed development would have a variety of negative impacts in terms of size,proximity,traffic,noise and vehicular pollution, loss of privacy and risk posed by bio lab accidents and emissions. The potential $1.8M tax revenue from this bio lab is less than 1% of the Town's annual budget. She noted that there are million-dollar homes located close to the high-tension power lines of this site and thus,that should not be used as reasoning to rezone the site. Arnold Clickstein, 19 Drummer Boy Way, spoke against Article 39. He stated that there is ample space in the business development area of Hartwell Avenue and the south side of Bedford Street. 475 Bedford Street is a bad example of imposing an industrial, commercial,biological building into a residential district. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai noted that the Special Permit Residential Development Ad Hoc Bylaw Committee is meeting tomorrow morning and expects to finalize its report. TOWN MANAGER REPORT—none at this time ITEMS FOR INDIVIDUAL CONSIDERATION 1. Request from Lexington Bicycle Advisory Committee for Select Board Support of Bill 5.2309 in Clarifying the Definition of Electric Bicycles (E-Bikes)Within Massachusetts General Laws Betty Gau, Chair of Lexington Bicycle Advisory Committee, explained that the Committee unanimously voted to recommend to the Select Board that it endorse Bill 2309, which clarifies the definition of electric bicycles. This bill is supported because it defines e-bikes into three classes, which is in line with 42 other states. So far,the lack of clarity around how e-bikes are defined has presented challenges when promoting active transportation. VOTE: Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to authorize the Select Board Chair and Town Manager to sign onto the e-bike municipal letter of support. DOCUMENTS: LBAC Letter to Select Board Ebike Bill 52309, DRAFT Letter of Support-E-Bike Bill 5.2309, Mass Bike Summary, S. 2309 2. Review and Approve Additional American Rescue Plan Act(ARPA)Funding for Business Assistance Mr. Malloy explained that the full $250,000 that the Board initially approved for ARPA spending on Business Assistance Grants has been expended. He noted that the Town currently has between$250,000- $300,000 in additional applications that have been submitted. He suggested that there be $500,000 available for these funds in 2022, to then reduce this amount to $250,000 for 2023, and then further reduce it to $0 for 2024. Mr. Lucente noted that Arlington, for example,recently stated that it has expended$639,000 in ARPA grant money to 81 small businesses. He believes this is a good use of the funds, and that it fits with the goals and obj ectives previously set. Mr. Pato stated that he believes more funding is needed,based on the number of additional applications mentioned by Mr. Malloy. In response to a question from Ms. Barry, Mr. Malloy explained that the grants thus far have been fairly equally dispersed for different types of businesses in Town. $25,000 is the cap at this time for requests. In response to a question from Mr. Sandeen, Mr. Malloy explained that this new round of applications seems to be from businesses that took additional time to gather their application materials. This has not yet been opened up to receive a second round of applications from businesses that already received a grant. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to increase the Small Business Grant program for 2022 from$250,000 to $600,000. 3. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article Discussion/Positions Regarding Article 27—Zero Waste Resolution,Mr. Malloy stated that this article does not effect real change in Town and simply restates what is already the Town's position. He expressed concern regarding some of the clauses in the article that relate to waste energy incinerator plants, and some of the article language, "to prioritize solid waste reduction programs that minimize the impact on environmental justice communities."He is concerned that this will become a mandate for the ToWn. Ms. Hai noted that Section 90-9 of the Town bylaws states that the Select Board shall provide and maintain a suitable place or method for free public disposal of refuse and rubbish. It also gives the Select Board authority to make the rules and regulations regarding that disposal. The Select Board regulations on refuse provide in Section 181-57,that the town of Lexington is committed to reducing generation of solid waste within the community by working to educate residents to reduce solid waste that they generate, accelerate recycling and composting efforts, commit the remainder of solid waste to waste-to-energy resource recovery disposal,reduce toxicity in the waste stream, etc. She explained that the Town already has a commitment and an explanation of the importance of waste reduction. There are already goals for converting waste to waste recovery,reducing toxins, and increasing recycling via existing Town regulations. The regulations also,per Section 181-61 B,provide for the pickup of a maximum of six approved containers per week,plus one bulky obj ect. She believes the goals of this article could be served either by amending the bylaws to eliminate the requirement of free refuse disposal, or by this Board, through amending its regulations,reducing the six-barrel minimum to some lesser number. Mr. Pato stated that he does not see the basis for these concerns. The resolution says to prioritize waste reduction programs that minimize the impact on environmental justice communities, and to the impact being created for other communities. He does not see the implications being suggested and supports the resolution. Mr. Sandeen explained that he supports this article, as he believes it calls for creating a plan to help reduce the Town's waste and will consider curbside composting which is not included in the Town's current bylaw. This plan would then help to inform the Select Board on the items brought up by Ms. Hai. Ms. Barry stated that she is struck by the divergence between the non-binding resolution and what the Board has heard from the Town Manager. She will abstain on this item as she believes further work is needed. Mr. Lucente stated that he will vote in favor of this article because he believes in planning, and does not believe this article, as written, is too restrictive. Ms. Hai stated that Article 27 will have two Board members abstaining and three in favor. Regarding Article 31, Ms. Hai noted that the moderator will be moving this item off the agenda for tonight's Town Meeting and bringing it back later in the schedule. Ms. Hai explained that Article 34 and Special Town Meeting Article 3 are intertwined. The Special Town Meeting article proposes to change the bylaws to permit remote participation to count towards quorum. It requires that operating rules for such participation be adopted by Town Meeting before any use can be made of the allowance, and it only provides for hybrid,not fully remote meetings. Any bylaw change has to be reviewed by the Attorney General. Article 34 provides for a Home Rule petition,which would authorize the Town to amend its bylaws to allow for remote participation for hybrid meetings. It also allows the Board to make future adaptations to the bylaw through Town Meeting only. Section 2 in Article 34 provides for the relocation of a particular session of Town Meeting, which has already been called to a fully remote platform under speci�c circumstances. Existing law allows us to relocate to an out-of-town physical location under the same specific circumstances. Mr. Makarious explained that Special Town Meeting Article 3, Section 1 is an amendment to Chapter 118 of the bylaws. This does not change the 100 person quorum requirement but adds a new section that 75 members shall be present at the physical location identi�ed, for a hybrid Town Meeting. Section 2 defines the hybrid Town Meeting process, including a requirement that the Town Meeting authorize the use of a hybrid Town Meeting and the corresponding rules by two thirds maj ority. Mr. Lucente stated that he would like to have a maj ority of the members of the quorum present in person. He has concerns that people will abuse this, instead of using it when necessary. Mr. Pato noted that 75 in person implies that a significant maj ority of the quorum are available in person. This proposal is to make it clear that remote participants are peers of the in-person participants. He is okay changing this to make a 90%maj ority required in person or removing the quorum change altogether. Ms. Hai noted that, with the 90%requirement in person alteration amendment, the Board is five in favor of this Special Town Meeting Article. Regarding Article 34, Mr. Makarious explained that this has no effect until a bylaw is passed. That bylaw would then govern items such as when it's appropriate to have other versions of hybrid meetings, or fully remote meetings, for instance. If another emergency occurs,this gives the Board the tool to hold meetings in other formats, through the bylaw amendment process. Mr. Sandeen supports this article and recalled that the Select Board wished we had this authority in March of 2020. He stated that he would not want to tie the hands of future Select Boards to operate in a manner that they felt would be in the best interests of the Town, especially considering that this article would still require Town Meeting's approval to fully achieve alternate meeting styles, if desired. Mr. Lucente explained that he would support this article if it was altered to reinstate that a public emergency is required in order to allow fully remote Town Meetings. Ms. Hai explained that the Board is 4-1 in favor of supporting the motion for Article 34, as submitted on April 4, 2022. DOCUMENTS: 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, Proposed Town Meeting Schedule as of 4-5-22, South Lexington Civic Association Comments,Updated 95/99 Hayden MOA The next regularly scheduled Board meeting will be held prior to Town Meeting on Monday, April 11, 2022 at 6 p.m.,via remote participation. ADOURN Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adj ourn the meeting at 7:28 p.m. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING April 1 l,2022 A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Monday, April 11, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback,Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting vvas being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. CONSENT AGENDA 1. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: March 14,2022, March 14, 2022 Joint Select Board and School Committee Meeting/Mental Health Summit and March 21, 2022 DOCUMENTS: Draft 03142022 Select Board, Draft 03142022 Joint Select Board School Committee Mental Health Summit, Draft 03212022 Select Board 2. Town Manager Committee Reappointments To approve the Town Manager's reappointments of Marilyn Fenollosa and Wendall Kalsow as members of the Historical Commission with term expiration dates of March 2025. To approve the Town Manager's reappointment of Kathleen Flynn as an alternate member of the Historical Commission with a term expiration date of March 2025. DOCUMENTS: M. Fenollosa applicaton,W.Kalsow application, K. Flynn application 3. Water and Sewer Finals To approve the above Water& Sewer Finals. DOCUMENTS: 4-11-22 Water and Sewer Finals VOTE: Upon a motion duly made and secanded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article Discussion/Positions The Board began by reviewing its position for STM 2022-2. It was noted that for the STM 2022-2 Article 3, amending the bylaw to allow for remote participation,the motion has been amended to require a quorum of 100 people,while allowing for 90 people to be present in person. Regarding Article 3 8—Spring Street and Hayden Ave, Mr. Malloy stated that the Memorandum of Understanding for this item is complete. The Board members were all in favor of referring Article 39—475 Bedford Street back to the Planning Board. Ms. Hai explained that there are two possible amendments to Article 35 at this time. The Board discussed needing more time to fully review these amendments. Regarding Article 31,there was discussion regarding if the information has been sufficiently provided to all business owners involved. Mr. Sandeen and Mr. Pato stated that they do not believe substantive changes have been made to this Article and support it. Ms. Barry noted that Article l OF is likely to be moved for reconsideration. Article l0E may also be reconsidered. DOCUMENTS: Art 39 Motion Refer to PB, Proposed Town Meeting Sc�edule as of 4.6.22, 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document,Art35slides, Art 31 Revised motion 4.11 redline,Art 31 Revised motion 4.11,Amendment Art 3 5 MDaggett ADOURN Upon a motion duly made and seconded,by roll ca11, th� Select Board voted 5-0 to adjaurn the meeting at 6:35 p.m. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING April 13, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on Wednesday, April 13, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive; and Mina Makarious,Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente stated that the Monuments &Memorials Committee voted to support the design of the LexSeeHer monument but did not support the location. At this point, some members of the LexSeeHer group and a small group of stakeholders are getting together to see if there's a possibility of reviewing other locations for the monument. Mr. Sandeen noted that he believes the Board should discuss rising COVID-19 cases. Mr. Malloy explained that Joanne Belanger, Public Health Director,will highlight this when she thinks that there's an issue that needs to be dealt with. Mr. Sandeen noted that the Tree Committee has recommended that the Board consider developing individual assessments on the thirty seven trees at the Center Recreation Complex. There is a neighborhood meeting setup to discuss this tomorrow at 2pm. Ms. Barry stated that she hopes to set a date for a teambuilding event for Board members and staff. She expressed concern regarding the tone of the public discourse that's taking place across the Town. She asked that the paid professional staff not be taken for granted. Finally, she stated that this afternoon there was a Semiquincentennial Lexington Commission(Lex 250>meeting. On Monday, at Patriots Day,the group will officially reveal the 250th logo. The Board watched a promotional video for the Semi Quincentennial Lexington 250tn TOWN MANAGER REPORT Mr. Malloy explained that he sent a memo this afternoon,updating the impact of the PSDUP on the Capital Stabilization Fund. This was updated because 475 Bedford Street is being referred back to the Planning Board. 475 Bedford Street was estimated to generate about$1,621,000 in property taxes, so this change reduces the amount that would be available in the Capital Stabilization Fund from approximately $13.1 M to about$11.SM. This changes the impact on what would be available for the High School project, from having a net debt cost of$179/every single-family home to $318. Thus,with the Police Station proj ect included, it changes the overall effect from approximately a 2.3% increase to 3.1% increase. Mr. Malloy stated that he signed both contracts for natural gas and electricity for the Town's use. Both went up slightly in pricing from the previously presented prices. CONSENT AGENDA 1. Approve and Sign Proclamation—2022 Minuteman Cane Award To approve and sign a proclamation for the 2022 Minuteman Cane Award. DOCUMENTS: 2022 Minuteman Cane Award-Leona Martin 2. 2022 Youth of Lexington Awards To sign two 2022 Outstanding Youth of Lexington Awards. DOCUMENTS: 2022 Outstanding Youth of Lexington Award-M. Lucente, 2022 Outstanding Youth of Lexington Award- S. Spencer VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Proclamation Request—Recognizing the Suffering and Heroism of the Ukrainian People in the Struggle for Liberty and Independence VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve and sign a proclamation recognizing the suffering and heroism of the Ukrainian people during the Town's observance of Patriots'Day 2022. DOCUMENTS: 2022 Ukrainian Proclamation 2. 37th Annual Massachusetts Recreation&Park Association Awards • Community Professional of the Year � New Professional of the Year • Outstanding Student of the Year Mr. Malloy explained that a number of Lexington's staff were recognized through the Annual Massachusetts Recreation&Park Association Awards. Christine Dean, Lexington's Community Center Director, has been recognized as Community Professional of the Year. Tom Romano, Lexington's Community Center Youth and Family Program Coordinator,has been recognized as the New Professional of the Year. Paige Bagley, Lexington's Therapeutic Recreation Intern this year,was named Outstanding Student of the Year. The Board congratulated those honored and thanked them for all of their hard work. DOCUMENTS: MRPA Awards 3. 2022 Annual Town Meeting& Special Town Meetings2022-1/2022-2 Article Discussion/Positions Regarding Article 3 8, Mr. Malloy recommended that the Board vote to approve the Memorandum of Understanding(MOU) as presented. He noted that the 128 Business Council shuttle item is not included in this MOU. Suzanne Lau, 18 Phinney Road and Precinct 9 Town Meeting Member, asked if the MOU negotiation is started from scratch each time, and if it is compared to MOUs from other towns. Mr. Malloy stated that a template is used which the previous MOU is worked from. Other towns do not necessarily use the same type of process as Lexington to get certain things from these agreements. Richard Canale noted that Lexington is a member of the 128 Business Council. The 128 Business Council, as a receiver of federal funds, is mandated to accept public fares on the bus. He explained that permission is being sought for residents to be able to park in already designated spots and walk to the shuttle. It will not cost Hobbs Brook any money for this to be included in the MOU. Mr. Malloy noted that these parking spaces are for the nearby trailhead. Dawn McKenna, Precinct 6 Town Meeting Member, expressed disappointment that more is not being done to encourage Hobbs Brook to save the historic Richards House. She is also disappointed regarding the $5,000 contribution for transportation. Mr. Malloy explained that there is some funding in the MOU to do an archival process for the historic aspects of the Richards House. However,the planning design for the site does not allow the house to be kept where it is currently located. He also noted that the $5,000 proposed is identical to what was asked for in all previous similar MOUs. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the MOU as presented. Regarding Article 31, Mr. Malloy stated that he can support this item, as presented, at this time. The Board agreed that it was in unanimous support of this Article. The Board noted that four members are in support of the main Article 35, and one member is still a wait. In terms of Mr. Creech's amendment to this Article,the Board stated that there are three members against, and two still waiting. Regarding Mr. Daggett's proposed amendment, Ms. Barry noted that the Moderator recently stated that any motion to amend from Mr. Daggett under Article 3 5 will be ruled to be out of order. Regarding the potential motion for reconsideration of Article l0E and F,three members were not in favor of reconsideration and two abstained. Mr. Pato explained that CPC decided to take no position on reconsideration, aS lt 1S 110t W1t�1111 1tS�UY'1SC�1Ct1011. It also took no additional positions, as there is no substitute motion. Ms. Barry stated that she believes the Recreation Commission reaffirmed its position of being in favor of both l0E and F. The Board agreed that, if the motion to reconsider passes, it would remain unchanged in its original votes on this item. DOCUMENTS: Art 35 Amendment MDaggett, 95/99 Hayden PSDUP MOU,Art2PBslides,2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document, Proposed Town Meeting Schedule as of 4.12.22 The next regularly scheduled Board meeting will be held prior to Town Meeting on Monday, April 25, 2022 at 6 p.m.,via remote participation. ADOURN Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adj ourn the meeting at 6:53 p.m. A true record; Attest: Kristan Patenaude Recording Secretary i SELECT BOARD MEETING Apri125,2022 A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Monday, April 25, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERIITS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente noted that the Stone Building Reuse Committee will be having a public meeting on Wednesday April 27, at 7:30pm,to review the ideas that have come forward for the reuse of that building. He thanked the Town Celebrations Committee and staff for preparing and organizing a wonderful Patriots Day event. On behalf of the Board,Mr. Lucente expressed condolences to the family of Jack Maloney, longtime Lexington resident, for his recent passing. On behalf of the Board, Ms. Hai expressed condolences to the family of Sam Silverman, longtime Town Meeting member and resident. Ms. Barry noted that the Recreation Committee will be cutting the ribbon at the Sutherland Park playground this Wednesday April 27, at 6pm. She echaed Mr. Lucente's thanks to the Town Celebrations Committee for a great Patriots Day event. DOCUMENTS: Select Board Concerns and Liaison Reports -April 25,2022 TOWN MANAGER REPORT Mr. Malloy explained that the RFP for the Hosmer House received one bid. Staff will need to review this item more thoroughly, as there weren't any elevations listed in the bid. He also noted that Jennifer Hewitt is leaving her position as Budget Officer for the Town to accept a new position elsewhere, and Maggie Olivia, Retirement Administrator, will be retiring. He stated that the Center Streetscape proj ect has started. Ms. Barry noted that there are steel j ersey barriers erected down some of Massachusetts Ave., thus blocking one of the lanes. CONSENT AGENDA 1. Approve One-Day Liquor License Applications To approve two One-Day Liquor Licenses for Steve Eastridge/LABBB Collaborative d/b/a Battle-Green Festivals to serve beer and cider at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street, for the purpose of the Lexington Battle-Green BBQ Festival on the following dates: Saturday,May 14,2022 from 12:OOpm to B:OOpm Sunday, May 15, 2022 from 12:OOpm to 4:OOpm i To approve a One-Day Liquor License for the Cary Library Foundation to serve beer and wine at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the Library After Dark Concert on S aturday, May�, 2022 from�:3 Opm to 9:OOpm. DOCUMENTS: Diagram of Event-Lexington Battle—Green BBQ Festival 2. Approve Limousine License Renewals To approve the applications and issue two renewed Limousine Licenses to Boyadjian Limousine Service, 44�Lowell Street and one renewed Limousine License to D&O Limo LLC d/b/a D&O Limo, 3402 Main Campus Drive. 3. Approve and Sign Proclamations: Mental Health Month; Asian American and Pacific Islander(AAPI)Heritage Month; National Public Works Week; National Police Week/Peace Officers Memorial Day To approve and sign proclamations annually recognizing the month of May as Mental Health Month and Asian American Pacific Islander(AAPI)Heritage Month and to commemorate National Public Works Week and National Police Week from Sunday,May 15, 2022 to Saturday,May 21,2022 with Peace Officers Memorial Day being recognized on Sunday, May 15, 2022. DOCUMENTS: 2022 Mental Health Month Proclamation, 2022Asian American and Pacific Islander (AAPI)Heritage Month Proclamation, 2022 National Public Works Week Proclamation,2022 National Police Week/Peace Of�cers Memorial Day Proclamation 4. Approve and Sign Eagle Scout Commendation Letter—Jonathan Amirault To approve and sign a letter of commendation congratulating Jonathan Amirault for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2022 Eagle Scout Letter-J. Amirault- Troop 119 5. Water and Sewer Finals To approve the March Water& Sewer Finals. DOCUMENTS: March Finals 6. Select Board Committee Appointment& Resignations To appoint Anderson&K:reiger LLP as Town Counsel for the Town of Lexington for a one-year term to expire March 31,2023. To accept the resignations of Sarah Boulos from the Tourism Committee,Nagarjuna Venna from the Transportation Advisory Committee and Meg VanNostrand from the Vision for Lexington Committee effective immediately. DOCUMENTS: Resignation Letter- S. Boulos, ResignationLetter-N.Venna, ResignationLetter- M.VanNostrand i 7. Town Manager Committee Appointments & Reappointment To approve the Town Manager's appointment of Dr. Jillian Tung as a member of the Board of Health effective April 30, 2022 with a term expiration date of Apri130,2025. To approve the reappointment of Alexandra Dohan as a member of the Conservation Commission with a term expiration date of March 31, 2025. To approve the appointment of Dr. Jason Hnatko as a full member of the Conservation Commission to �11 an unexpired term with an expiration date of March 31, 2023. DOCUMENTS: J. Tung,A. Dohan, Dr. Jason Hnatko Recommendation VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2022 Annual Town Meeting& Special Tawn Meetings 2022-1/2022-2 Article Discussion/Positions Ms. Hai explained that, regarding the request for reconsideration of Article l0e and lOf,her position is that she has not seen any new information provided that was not available before the vote. For example, Mr. Pato's dissenting vote on these articles was clearly stated originally,regarding his wish to wait for a vote on this item until the high school feasibility study can be completed. Also, Ms. Lenihan, stated in the School Committee report to Town Meeting,under 10e, that there may be uncertainty in the siting of the school,but there is no uncertainty about the need for these facilities, and,under lOf, she reiterated the School Committee's unanimous support with the same caveats expressed under 10e. She noted that she spoke with the Chair of the Finance Cammittee, and the Capital Expenditures Committee is opposed to reconsideration by a vote of 6-0. The Appropriations Committee is not taking a position on this item. The Community Preservation Committee has noted that this is outside of their purview, as they are not necessarily all voting members. Mr. Lucente agreed that he does not believe the threshold has been met for this item, and, thus, opposes reconsideration. Mr. Pato stated that he would continue to abstain on this item. He noted that the bylaws do not require new information to be presented for reconsideration; however,this is a tradition of the Town and one which he believes should be respected. He will continue to let other Town Meeting members make a choice as to how they want to praceed with the meeting. Ms. Bar�y stated that she is opposed to reconsideration. Ms. Hai, Mr. Lucente, and Ms. Bar�y noted that, if the motion to reconsider passes,they will remain with their original votes on the articles. Mr. Pato stated that he will change his vote to a `yes,' if the motion to reconsider passes. DOCUMENTS: 10e and 10f motion for reconsideration, 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document,Article l0e timeline slide from info session, Article 10ftimelinefrominfosession, Lisah Rhodes,Vice-Chair Recreation Committee - Comments regarding lOf, Christian Boutwell, Comments regarding lOf i 2. Battle Green Use Request—Throwing Star Collective The Board tabled discussion on this item until further in the meeting, in hopes that a representative for this request might j oin the meeting. The Board amended the order and took up the posted agenda items as follows: 6. Request for Comments on Gate Reconstruction—Hanscom Air Force Base Ms. Barry asked that a copy of this letter be sent to the towns of Bedford, Lincoln, and Concord. VOTE: Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to approve the letter as attached, subject to corrections. DOCUMENTS: Ruiz Gate Comments 5. Review Lexington Lions Club Request-66t''Annual Fourth of July Carnival—the Boa�d took up this item at this time. M�. Lucente�ecused himself, due to his�ole with the Lions Club. Ms. Hai explained that the Lexington Lions Club is requesting permission to hold the 66th annual Fourth of July carnival at Hastings Park, starting with a setup on Tuesday June 28,with the carnival to be held Thursday, June 30 to Monday, July 4, and concluding with the teardown and cleanup on Tuesday, July 5, concluding by 2pm. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 3-0 to approve the request of the Lexington Lions Club to hold the 66th Annual Fourth of July Carnival from Thursday, June 30, 2022 to Monday, July 4, 2022 with the times as requested in the Lions Club letter dated March 24, 2022. Further,to approve the request of the Lexington Lions Club to have lighting turned on until 11:30pm from Tuesday, June 2$,2022 through Monday, July 4, 2022. Further,to approve a�reworks display on Friday, July 1, 2022, at approximately 9:30pm, subject to approval of the fireworks vendor,Atlas PyroVision Productions, Inc., and necessary safety precautions required by the Fire Department. Further,to approve a Public Entertainment on Sunday License to Fiesta Shows for the Carnival to operate on Sunday, July 3, 2022. DOCUMENTS: Lions Club of L�xington Request Letter- 66th Annual Fourth of July Carnival, Public Entertainment License Request- Fiesta Shows M�. Lucente�etook his seat on the Boa�d. Ms. Hai announced items 3 and 4 will be taken up together as they both applications for Fiorellas Restaurant, discussing the common victuallers license application first. 4. Application: Common Victualler License-Fiorella's Lexington,LLC d/b/a Fiorellas,25 Waltham Street i Henry Dane, Dane Brady and Haydon, LLP, explained that this proposal is for a restaurant with 50 indoor seats, 12 seasonal outdoors seats, and a patio to the rear. The hours of operation are proposed to be from 11 am— 10pm, seven days a week. The owner of this restaurant operates a number of other restaurants, which all have alcoholic beverage licenses, and is an experienced operator. Mr. Dane stated that the patio is on property adj acent to the building,but not as part of the parking lot itself. Ms. Katzenback confirmed this,per the Building Commissioner. In response to a question from Mr. Pato, Mr. Dane stated that the restaurant will be an informal Italian restaurant dining. In response to a question from Ms. Barry,Mr. Dane stated that the owner has other restaurants in Newton, Belmont, Wellesley, and Concord. 3. Public Hearing: Wine&Malt Restaurant Liquor License-Fiorella's Lexington,LLC d/b/a Fiorellas,25 Waltham Street Ms. Hai opened the public hearing at 6:32 p.m. In response to a question from the Board, Ramon Karian, owner, stated that he hopes to have the restaurant open by September 2022. Ms. Hai closed the hearing at 6:34 p.m. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the the applications from Fiorella's Lexington, LLC d/b/a Fiorellas for Common Victualler License as well as a wine and malt beverages restaurant liquor license to be located at 25 Waltham Street for the proposed Restaurant Hours: Monday thru Sunday: 11:OOam- 10:OOpm and after the application has been approved by the ABCC,to issue the Wine and l��alt Common Victualler Liquor License to Fiorella's Lexington, LLC d/b/a Fiorellas. DOCUMENTS: Restaurant Liquor License Application-25 Waltham Street,Floor Plan, Legal Ad- Hearing Notice 2. Battle Green Use Request—Throwing Star Collective—The Boa�d r�etook this itern at this time Ms. Stacey Prizio noted that the proposed rain date may be an issue for the nearby churches on that Sunday. DPW and Police were part of the review process for the route. Ms. Hai noted that she was comfortable approving the May 14th date,but the Board may need more information prior to approval of the rain date. VOTE: Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to approve the request from Throwing Star Collective to use the designated portion of the Battle Green on Saturday, May 14, 2022 from 9:OOam to 12:OOpm for the purpose of a scavenger hunt bike ride event titled "Red Bull Midnight Ride" as proposed with a rain date of Sunday, May 15, 2022, subj ect to all regulations and policies of the Select Board, including the prohibition of any advertising material on the Battle Green. DOCUMENTS: Diagram of Event-Red Bull Midnight Ride Three Routes, Town Manager's Office/Special Event Approval -Permit Letter ADOURN i Upon a motion duly made and seconded,by roll call, the Select Board voted 4-0 to adjourn the meeting at 6:4�p.m. A true record; Attest: K:ristan Patenaude Recording Secretary SELECT BOARD MEETING April 25, 2022 A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Monday, April 25, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarious, Town Counsel. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website noting that some members and staff were participating in person in the Select Board Meeting Room using the Meeting Owl Pro device. PUBLIC COMMENTS None at thi s time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente noted that the Stone Building Reuse Committee will be having a public meeting on Wednesday April 27, at 7:30pm,to review the ideas that have come forward for the reuse of that building. He thanked the Town Celebrations Committee and staff for preparing and organizing a wonderful Patriots Day event. On behalf of the Board,Mr. Lucente expressed condolences to the family of Jack Maloney, longtime Lexington resident, for his recent passing. On behalf of the Board, Ms. Hai expressed condolences to the family of Sam Silverman, longtime Town Meeting member and resident. Ms. Barry noted that the Recreation Committee will be cutting the ribbon at the Sutherland Park playground this Wednesday April 27, at 6pm. She echoed Mr. Lucente's thanks to the Town Celebrations Committee for a great Patriots Day event. DOCUMENTS: Select Board Concerns and Liaison Reports-April 25, 2022 TOWN MANAGER REPORT Mr. Malloy explained that the RFP for the Hosmer House received one bid. Staff will need to review this item more thoroughly, as there weren't any elevations listed in the bid. He also noted that Jennifer Hewitt is leaving her position as Budget Officer for the Town to accept a new position elsewhere, and Maggie Olivia, Retirement Administrator, will be retiring. He stated that the Center Streetscape proj ect has started. Ms. Barry noted that there are steel j ersey barriers erected down some of Massachusetts Ave., thus blocking one of the lanes. CONSENT AGENDA 1. Approve One-Day Liquor License Applications To approve two One-Day Liquor Licenses for Steve Eastridge/LABBB Collaborative d/b/a Battle-Green Festivals to serve beer and cider at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street, for the purpose of the Lexington Battle-Green BBQ Festival on the following dates: Saturday, May 14, 2022 from 12:OOpm to B:OOpm Sunday, May 15, 2022 from 12:OOpm to 4:OOpm To approve a One-Day Liquor License for the Cary Library Foundation to serve beer and wine at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the Library After Dark Concert on Saturday, May 7, 2022 from 7:30pm to 9:OOpm. DOCUMENTS: Diagram of Event-Lexington Battle—Green BBQ Festival 2. Approve Limousine License Renewals To approve the applications and issue two renewed Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street and one renewed Limousine License to D&O Limo LLC d/b/a D&O Limo, 3402 Main Campus Drive. 3. Approve and Sign Proclamations: Mental Health Month; Asian American and Pacific Islander(AAPI)Heritage Month; National Public Works Week; National Police Week/Peace Officers Memorial Day To approve and sign proclamations annually recognizing the month of May as Mental Health Month and Asian American Pacific Islander(AAPI) Heritage Month and to commemorate National Public Works Week and National Police Week from Sunday, May 15, 2022 to Saturday,May 21, 2022 with Peace Officers Memorial Day being recognized on Sunday, May 15, 2022. DOCUMENTS: 2022 Mental Health Month Proclamation, 2022Asian American and Pacific Islander (AAPI)Heritage Month Proclamation, 2022 National Public Works Week Proclamation, 2022 National Police Week/Peace Officers Memorial Day Proclamation 4. Approve and Sign Eagle Scout Commendation Letter—Jonathan Amirault To approve and sign a letter of commendation congratulating Jonathan Amirault for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2022 Eagle Scout Letter-J. Amirault-Troop 119 5. Water and Sewer Finals To approve the March Water& Sewer Finals. DOCUMENTS: March Finals 6. Select Board Committee Appointment& Resignations To appoint Anderson&Kreiger LLP as Town Counsel for the Town of Lexington for a one-year term to expire March 31,2023. To accept the resignations of Sarah Boulos from the Tourism Committee,Nagarjuna Venna from the Transportation Advisory Committee and Meg VanNostrand from the Vision for Lexington Committee effective immediately. DOCUMENTS: Resignation Letter- S. Boulos, ResignationLetter-N.Venna, ResignationLetter- M.VanNostrand 7. Town Manager Committee Appointments & Reappointment To approve the Town Manager's appointment of Dr. Jillian Tung as a member of the Board of Health effective April 30, 2022 with a term expiration date of Apri130, 2025. To approve the reappointment of Alexandra Dohan as a member of the Conservation Commission with a term expiration date of March 31, 2025. To approve the appointment of Dr. Jason Hnatko as a full member of the Conservation Commission to fill an unexpired term with an expiration date of March 31, 2023. DOCUMENTS: J. Tung, A. Dohan, Dr. Jason Hnatko Recommendation VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2022 Annual Town Meeting& Special Town Meetings 2022-1/2022-2 Article Discussion/Positions Ms. Hai explained that,regarding the request for reconsideration of Article l0e and lOf, her position is that she has not seen any new information provided that was not available before the vote. For example, Mr. Pato's dissenting vote on these articles was clearly stated originally,regarding his wish to wait for a vote on this item until the high school feasibility study can be completed. Also, Ms. Lenihan, stated in the School Committee report to Town Meeting,under 10e,that there may be uncertainty in the siting of the school,but there is no uncertainty about the need for these facilities, and,under lOf, she reiterated the School Committee's unanimous support with the same caveats expressed under 10e. She noted that she spoke with the Chair of the Finance Committee, and the Capital Expenditures Committee is opposed to reconsideration by a vote of 6-0. The Appropriations Committee is not taking a position on this item. The Community Preservation Committee has noted that this is outside of their purview, as they are not necessarily all voting members. Mr. Lucente agreed that he does not believe the threshold has been met for this item, and,thus, opposes reconsideration. Mr. Pato stated that he would continue to abstain on this item. He noted that the bylaws do not require new information to be presented for reconsideration; however,this is a tradition of the Town and one which he believes should be respected. He will continue to let other Town Meeting members make a choice as to how they want to proceed with the meeting. Ms. Barry stated that she is opposed to reconsideration. Ms. Hai, Mr. Lucente, and Ms. Barry noted that, if the motion to reconsider passes, they will remain with their original votes on the articles. Mr. Pato stated that he will change his vote to a `yes,' on item 10e only if the motion to reconsider passes. DOCUMENTS: l0e and lOf motion for reconsideration, 2022ATM, STM 2022-1, STM 2022-2 Select Board Position Working Document,Article l0e timeline slide from info session, Article l Oftimelinefrominfosession, Lisah Rhodes,Vice-Chair Recreation Committee -Comments regarding lOf, Christian Boutwell, Comments regarding lOf 2. Battle Green Use Request—Throwing Star Collective The Board tabled discussion on this item until further in the meeting, in hopes that a representative for this request might j oin the meeting. The Board amended the order and took up the posted agenda items as follows: 6. Request for Comments on Gate Reconstruction—Hanscom Air Force Base Ms. Barry asked that a copy of this letter be sent to the towns of Bedford, Lincoln, and Concord. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the letter as attached, subj ect to corrections. DOCUMENTS: Ruiz Gate Comments 5. Review Lexington Lions Club Request-66th Annual Fourth of July Carnival—the Boa�d took up this itern at this time. M�. Lucente�ecused himself, due to his�ole with the Lions Club. Ms. Hai explained that the Lexington Lions Club is requesting permission to hold the 66th annual Fourth of July carnival at Hastings Park, starting with a setup on Tuesday June 28,with the carnival to be held Thursday, June 30 to Monday, July 4, and concluding with the teardown and cleanup on Tuesday, July 5, concluding by 2pm. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 3-0 to approve the request of the Lexington Lions Club to hold the 66th Annual Fourth of July Carnival from Thursday, June 30, 2022 to Monday, July 4, 2022 with the times as requested in the Lions Club letter dated March 24, 2022. Further,to approve the request of the Lexington Lions Club to have lighting turned on until 11:30pm from Tuesday,June 28, 2022 through Monday, July 4, 2022. Further,to approve a fireworks display on Friday, July 1, 2022, at approximately 9:30pm, subject to approval of the fireworks vendor,Atlas PyroVision Productions, Inc., and necessary safety precautions required by the Fire Department. Further,to approve a Public Entertainment on Sunday License to Fiesta Shows for the Carnival to operate on Sunday, July 3, 2022. DOCUMENTS: Lions Club of Lexington Request Letter- 66th Annual Fourth of July Carnival, Public Entertainment License Request-Fiesta Shows Mr�. Lucente�etook his seat on the Boa�d. Ms. Hai announced items 3 and 4 will be taken up together as they both applications for Fiorellas Restaurant, discussing the common victuallers license application first. 4. Application: Common Victualler License-Fiorella's Lexington,LLC d/b/a Fiorellas,25 Waltham Street Henry Dane, Dane Brady and Haydon, LLP, explained that this proposal is for a restaurant with 50 indoor seats, 12 seasonal outdoors seats, and a patio to the rear. The hours of operation are proposed to be from 11 am— l Opm, seven days a week. The owner of this restaurant operates a number of other restaurants, which all have alcoholic beverage licenses, and is an experienced operator. Mr. Dane stated that the patio is on property adj acent to the building,but not as part of the parking lot itself. Ms. Katzenback confirmed this,per the Building Commissioner. In response to a question from Mr. Pato, Mr. Dane stated that the restaurant will be an informal Italian restaurant dining. In response to a question from Ms. Barry, Mr. Dane stated that the owner has other restaurants in Newton, Belmont, Wellesley, and Concord. 3. Public Hearing: Wine&Malt Restaurant Liquor License-Fiorella's Lexington,LLC d/b/a Fiorellas,25 Waltham Street Ms. Hai opened the public hearing at 6:32 p.m. In response to a question from the Board, Ramon Karian, owner, stated that he hopes to have the restaurant open by September 2022. Ms. Hai closed the hearing at 6:34 p.m. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the the applications from Fiorella's Lexington, LLC d/b/a Fiorellas for Common Victualler License as well as a wine and malt beverages restaurant liquor license to be located at 25 Waltham Street for the proposed Restaurant Hours: Monday thru Sunday: 11:OOam- 10:00pm and after the application has been approved by the ABCC,to issue the Wine and Malt Common Victualler Liquor License to Fiorella's Lexington, LLC d/b/a Fiorellas. DOCUMENTS: Restaurant Liquor License Application-25 Waltham Street, Floor Plan, Legal Ad- Hearing Notice 2. Battle Green Use Request—Throwing Star Collective— The Boa�d�etook this itern at this tiyne Ms. Stacey Prizio noted that the proposed rain date may be an issue for the nearby churches on that Sunday. DPW and Police were part of the review process for the route. Ms. Hai noted that she was comfortable approving the May 14th date,but the Board may need more information prior to approval of the rain date. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the request from Throwing Star Collective to use the designated portion of the Battle Green on Saturday,May 14, 2022 from 9:OOam to 12:OOpm for the purpose of a scavenger hunt bike ride event titled"Red Bull Midnight Ride" as proposed with a rain date of Sunday,May 15, 2022, subj ect to all regulations and policies of the Select Board, including the prohibition of any advertising material on the Battle Green. DOCUMENTS: Diagram of Event-Red Bull Midnight Ride Three Routes, Town Manager's Office/Special Event Approval-Permit Letter ADOURN Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to adj ourn the meeting at 6:47 p.m. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Battle Green Use and Parade Requests - Town Celebrations Committee - REQUEST WIT HD RAV��N PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.5 S UMMARY: T his B attle G re en U s e R eque s t Was withdrawn b y the To wn C eleb ratio ns C o mmitte e p er the attac hed letter rec eived on F riday, May 6, 2022. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � �...�"CW_��.:�° ��.��v�.��.�.��:��I�m�,;�:�:��°��,,,,, �M��ai��.��.�:��"�,��,�, ��°:�� _ _��:��.�� ; _..��.:. ,'��``" �`�� ;� _ �'�«� . .�� Tou�� ofLexington b� � � � ��,tl �� ti:A, . . � "�� Y�� y p��a` Totivrl Celebra t�ons Commlttee �� ,., � ^.� �� , ,�,: ,, �, �r� ry •�y 'r ��'�L� ,,;' � ��'�1��'"�°'�.:.:..: May 5, 2022 jill Hai, Chair Select Board,Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: Memorial Day, Monday May 30, 2022 On behalf of the Town Celebrations Committee, we would like to make the following changes in regards to Memorial Day, Monday, May 30, 2022: Memorial Day Parade: •❑❑❑❑❑❑❑Because of the poor condition of the town's streets and sidewalks, we voted as a committee to eliminate the parade and move all activities to Cary Hall. Memorial Day Ceremonies: •❑❑❑❑❑❑❑Use of Cary Hall to replicate the ceremonies performed at the monuments and cemeteries. We feel this would be a more comfortable and safer program. •❑❑❑❑❑❑❑The ceremonies will begin at 11:00 A. M. and last for approximately one hour. •❑❑❑❑❑❑❑Upon approval of this new plan, we will contact the Town Manager's Office for approval and the DPW for use of Cary Hall. Should you have any questions, please do not hesitate to contact me. Very truly yours, 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Telephone: (781)698-4640�Fax: (781)-863-9468 Email: celebrationscmte@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Placement of Flags at Memorial Plaques on Battle Green for Memorial Day PRE E TER• ITEM S N . NUMBER: S elec t B o ard C hair C.6 S UMMARY: T he To wn C eleb ratio ns C o mmittee has reque s ted p ermis s io n to p lac e s mall flags at the memo rial p laque s aro und the B attle G re en in memo ry o f the men fro m L exingto n who p eris hed in W W I. I f ap p ro ved, a representative of the Committee would place the small flags on the morning of Friday, May 27, 2022, and remove them the morning of Tuesday, May 31, 2022. SUGGESTED MOTION: To ap p ro ve To wn C e leb ratio ns C o mmittee to p lac e s mall flags at the memo rial p laque s aro und the B attle Green on the morning of Friday, May 27, 2022 to be removed on the morning of Tuesday, May 31, 2022. Move to approve the consent. FOLLOW-UP: Town C elebrations C ommittee DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Water and S ewer C ommitments and A dj ustments PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.7 S UMMARY: Water& S ewer C o mmitment S ec tio n 1 $ 2,000,63 5.9 5 Water& S ewer C ommitment S ection 2 $ 2,065,3 85.26 Water& S ewer Adjustments p er W S AB 3/17/22 $ (3,763.29) SUGGESTED MOTION: To ap p ro ve the ab o ve Water& S ewer C o mmitments. To approve the above Water& S ewer Adjustments as recommended by W S AB on March 17, 2022. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � �:`��a��a��m��;m��; ��.r��c�:�,:�, �.��r�,� Il�r�a�� u� �w� �"��I�� "�"�wr�� '` I��w�'� �� i r��"1 � � �� "�� I �� u��ri�+� ��+�� . �� s�M:��, � � � � � � � � � � '�`�� .�� .�� `�� ,��"��'�� '"��'��'��' �� a��'�� ,��i��w T�tl�� :�I��a�� ,� �� t'�� T�� L��i��W "�� r�� u��i��' �r�� r��wi�� t� 1�� r�� I�� f �� p�r�� t�� r��r,�� r�� r�� rr�r�� t� �� ar�� r�� '�� r��t�� rti�r� I��r�i�n �� '�� a� �� t�l �� i,�t. �� ir�� r�� w�� ir�� r� �� T��r� �� L��a� I �a�� :��r�� r�� i�� r��r� ��t�� .0 �� _� � �� , �� ,.�� r�� ,��'��"�� "��+��a�r�u��IN��t�wr, C�ir��t��«�� li��, "�'��r��r �illi�� ,��t�� i�'�u��i� �'��I�� . �� '�� '�► ��""�I; �� :�I��I�"��I � � �� "�� i�� p� � � � �� :. � �� ,� � � � , � �;�� '��"`�,��'�.'�� ",��.��r �E.�''FI� ��"�",�'��w.�� i��'�'�� T�T��. �� T�� r�� r�� r �� T�� r�, �`�� w��~u�r��! �� wir��' �� I�� u� ��I��t �� w�� ir� t�� i�t �� r�� k�c�r�� t� ��t�� t� �� +��I �� w��r ��i�� i�r� ��r�ir� �� +�� +�� t�� lu�t� ��ai�� r� ��ir�,�� N��,�°��'�� °��°�� I �►�� a�i� �� r4r�� i��c� t�� r��r� �f ��'�� I��i�� o�� t� ��i�� tl�� r�r� ��r��rr�� I�� i� r°��r� ��r��. �� ,��a � �� W � � �y��.. � � �"" �"' �� N�� E��r �� ,��'�� r��r��"��IN��tc�� i�i�r��wr�� "��C��""�"�t�r�"�+�� ill��+� �� ' 1;�"7�'� �a�M,��"��,��,��I��; � �, r��'�`��"��`��N��'�E��,��,T��T��,�� I��I�� ,�, +�,W M. �Y �,. �, M,. ,�,y�.. AI� . . .. . ....... ......... ...... ........ ...... . I ��+Nww'VAM'Mw��w'MMFW"�hF .��M '�A�AW��Y�WdA��! ..... 'M� ..... ..... ��1J�4Jf:.�� N� �.�I�r�'�M ,,. � .I��V'�x��,. ��Mr9'�M'�� 1�,'�W'�IL� ��L��.I�bA9Y. ,., j ;�� '�N��"�l�`'�� '� �"�M��',��'�� i��1«7�" �+ ��:"��«�� ' � ��,�� `� �� .�� f��.�� `��,�� ,,m �.....��mm..�,.m�.�.��mm�. ��.�w.�,.�.��„�,��.. I�i��w��'��w��rr�w��a�i��t��"'�"+�t�r ar�c� ��r��t�rrrN�r�� r+�t��th��"��'��I��t��'��+��ri�+��+�i�� in�+��t t�u+�t h�a�+��u�� a�� a.�� r�'i��r�l��t�at��r��t��r�� th��u��f th��ii�� wr�t�l ��e��a��l��r�I��t�r��N'�t��ritt�r�r��fM��i��+��li��t �f th��t��o��w�r�. �,�.��.�mm,.�.�.��.��,.�_.,�..��,,, .�.�,�,��m�m.�m��.�.�m�„�.�.mm��.,...,....� ��m��m��m.�,��..mm��mmm�� .�w.��..m�. ��,��,IN��'1��'��T��R��E��'�C��J�TE�� , � �� ,� � ��'�� '� �'�"��."�� ,�r��''� m �� .,,, �"��w ' ��m„�� ,"��'��.�'��r� ��.�� '��'�,�a AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Select Board Committee Resignation PRE E TER• ITEM S N . NUMBER: S elect Board Chair C.8 S UMMARY: The S elect Board is being asked to accept the resignation of Erin S andler-Rathe from the Tourism Committee effective immediately. O n b ehalf o f the To wn o f L exingto n, the S e lec t B o ard M emb ers Wo uld like to extend their many thanks to M s. S andler-R athe fo r her time and s ervic e to the c o mmunity. SUGGESTED MOTION: To accept the resignation of Erin Sandler-Rathe from the Tourism Committee effective immediately. Move to approve the consent. FOLLOW-UP: S elec t B o ard O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 ATTACHMENTS: Description Type � .�-��:,��,,,,��.��.�...�� v��,��,��,,,,,:��.��.�� .��G��.�� .��,� ��,•� � � � �ry �� r �� , Stacey Prizio From: Erin Sandler-Rathe Sent: Wednesday, May 4, 2022 11:29 AM To: Select Boa rd; Tou rl nfo Subject: Resignation from Tourism Committee USE CAUTION: This email came from outside the Town of Lexington. Do not click links, open attachments or respond to the email unless you recognize the sender, you are expecting the communication and you know the content is safe. Good morn i ng, I am resigning from the Tourism Committee, effective immediately. I have enjoyed my time working with everyone in Lexington and hope to stay involved in the community. However, at the present time,the Tourism Committee is no longer a fit for me. I wish everyone involved with their work, the Cultural District, Economic Development and all of you on the Select Board continued success! Sincerely, Erin Sandler-Rathe View Connect: � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Reorganization of the Board PRE E TER• ITEM S N . NUMBER: Kim Katzenback, Executive Clerk I.1 S UMMARY: T he C hair and Vic e C hair o f the S elec t B o ard is elec ted annually after the dis s o lutio n o f the Annual To wn Meeting. SUGGESTED MOTION: Motion to elect Chair of the S elect Board Motion to elect Vice-Chair of the S elect Board FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:l Opm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Grant of Location for Nationa.l Grid - 15 Banks Avenue PRESENTER: ITEM NUMBER: Mary Mulro ney, Natio nal G rid R ep re s entative I.2 S UMMARY: Natio nal G rid has s ub mitted a p etitio n, up o n the reque s t o f o wners o f 15 B anks Ave, s e eking c o ns ent fo r the lo c atio ns o f mains as hereinafter d e s c rib ed fo r the trans mis s io n and d is trib utio n o f gas in and und er the following public streets, lanes, highways and places of the Town of Lexington and of the pipes, valves, governors, manholes and other structures, f�tures and appurtenances designed or intended to protect or o p erate s aid mains To extend exis ting 2-inc h P las tic Main with 34 F eet o f 2-inc h p las tic fo r ins tallatio n o f new gas s ervic e at 15 B anks Avenue, L exingto n T he To wn o f L exingto n's Engine ering D ep artment reviewed the reque s t and ind ic ated the reque s t d o e s no t c reate any c o nflic t with o ther p ub lic wo rks in the p ub lic Way. Engine ering has als o c o nfirmed that Natio nal Grid is responsive to the Town and is not the cause of any delays of any current Town projects. National Grid was informed they would need to get the necessary Engineering permits and that Banks Avenue is under a moritorium. Abutters notices were mailed as required. SUGGESTED MOTION: Mo ve to the grant o f lo c atio n reque s t fro m Natio nal G rid to extend the exis ting 2-inc h P las tic Main with 34 Feet of 2-inch plastic for the transmission and distribution of gas in and under the Banks Avenue in the Town of Lexington and for the location of the pipes, valves, governors, manholes and other structures, f�tures and appurtenances designed or intended to protect or operate said mains as depicted on plans titled GP-Lex-1452379-22-64 to provide new gas service at 15 Banks Avenue, Lexington. FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:15pm ATTACHMENTS: Description Type � fi��:�,��r��,��:�M�i��,�i�,�i�:�� ,�r�:��;�� <:�� :��,� PETITION OF NATIONAL GRID FOR GAS MAIN LOCATIONS Town of Lexington/ Select Board: The Nationalgrid hereby respectfully requests your consent to the locations of mains as hereinafter described for the transmission and distribution of gas in and under the following public streets, lanes, highways and places of the Town of Lexington and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the obj ects of said Company; and the digging up and opening the ground to lay or place same: To extend existing 2-inch Plastic Main with 34 Feet of 2-inch plastic for installation of new gas service at 15 Banks Avenue, Lexington. Date: March 29, 2022 By: Ma�y M c�l� Mary Mulroney Permit Representative Town of Lexington/ Select Board: IT IS HEREBY ORDERED that the locations of the mains of the Nationalgrid for the transmission and distribution of gas in and under the public streets, lanes, highways and places of the Town of Lexington substantially as described in the petition dated March 29, 2022 attached hereto and hereby made a part hereof, and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and/or accomplish the objects of said Company, and the digging up and opening the ground to lay or place same, are hereby consented to and approved. The said Nationalgrid shall comply with all applicable provisions of law and ordinances of the Town of Lexington applicable to the enjoyment of said locations and rights. Date this day of , 20 I hereby certify that the foregoing order was duly adopted by the of the Town of , MA on the day of , 20 By: Title WO # 1452379 RETURN ORIGINAL TO THE PERMIT SECTION NATIONAL GRID 40 SYLVAN RD,WALTHAM, MA 02451 RETAIN DUPLICATE FOR YOUR RECORDS � � ' vi � Z �. 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G.t�.l C;;;;% f,'.;Y;,,, N N �P ��,� C:;';d .w�k,� 8�:��i X � � r't ¢Y ft� W � 6H f�l fI fP_ M I o I ^, �.... z P:�,. � � �� w I �,:< < J I NOTICE TO ABUTTERS Apri122, 2022 You are hereby notified that a public hearing* will be held at approximately 7:00 p.m. on Monday, May 9, 2022 at the Select Board's Meeting, being held remotely via a Zoom Webinar: zoom.us, Webinar ID: 86279696277, Passcode: 271858, regarding the petition�rom National Grid for the locations of mains as hereinafter described for the transmission and distribution of gas in and under the public streets, lanes, highways and places of the Town of Lexington and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances, designed or intended to protect or operate said mains and accomplish the obj ects of said Company; and the digging up and opening the ground to lay or place same for the following: Banks Street—to extend existing 2-inch Plastic Main with 34 feet of 2-inch plastic for installation of new gas service at 15 Banks Avenue, Lexington Kim Katzenback Executive Clerk Select Board Office *Public comrnents fo�the Select Boa�d Meeting can be ernailed to selectboa�d cc,lexin tonrna.�ov by 2:00 p.m. Monday, May 9, 2022; o�Me�nbe�s of the public viewing the�emote meeting webina� on May 9, 2022 at app�oximately 7:00 p.m.f�oin thei�compute�o�listening by phone can comrnent du�ing the public comrnent po�tion of the hearing. Notice sent to: Joel Abrams Peng Cheng Zhou 9 B anks Avenue 17 B anks Avenue Lexington, MA 02421 Lexington, MA 02421 C. Zachary Kimon Lexington Housing Assistance Board 10 B anks Avenue 18 B anks Avenue Lexington, MA 02421 Lexington, MA 02421 Philip and Elizabeth Porter Haowei Hsieh 14 Banks Avenue 20 Banks Avenue Lexington, MA 02421 Lexington, MA 02421 15 Banks Ave CBC LLC Susan Adams 15 B anks Avenue 3 3 B anks Avenue Lexington, MA 02421 Lexington, MA 02421 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Acceptance of Bench Donation- Sutherland Park PRESENTER: ITEM NUMBER: Melissa Battite, Director of Recreation & C ommunity P ro grams I.3 S UMMARY: S tep hen and L aura C anham wo uld like to d o nate a b enc h to the To wn o f L exingto n to b e lo c ated at S utherland Park. The Recreation Committee has reviewed their application. At their April 27, 2022 meeting the R ec reatio n C o mmitte e vo ted in favo r o f this d o natio n and the ins tallatio n o f a b enc h at S utherland P ark. It is now before the S elect Board for their acceptance of donation. SUGGESTED MOTION: Mo ve to ac c ep t the do natio n o f a b enc h to the To wn fro m S tep hen and Laura C anham to b e lo c ated in Sutherland Park in the designated area as described in the Recreation Committee memo dated May 2, 2022. FOLLOW-UP: Recreation Department/S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:25pm ATTACHMENTS: Description Type � . IC�:�,y�,��,��"�,"�,.��;�-��;�c��. IC��r��„��,�mc��u��,��,��:��mc��:�,�� :,�.�.�� IC�:��,��i�� :y��.��`��:��c��.��.�� .��G��:�� :�� `��s MORN� o�' 1775 ��,� • � Q - m � Town o Lexzn ton � g 4�� o W � Recreation Committee s � z � �i � a� APRIL 19T" �FXI NG1�� Frederick DeAngelis, Chair Tel: (781) 698-4800 Lisah Rhodes, Vice Chair Fax: (781) 861-2747 Lisa O'Brien ir��r �o ir��i�� u�i� � Christian Boutwell Carl Fantasia Claire Sheth May 2, 2022 To: Select Board Fr: Recreation Committee Re: Bench Donation —Sutherland Park The Recreation Committee requests the following be included in an upcoming Select Board agenda packet requesting the proposed donation in accordance with the Select Board Policy, � il��i I � �� . The Recreation Committee requests the Select Board accept the donation of a new park bench to be placed atthe Sutherland Park—adjacenttothe newequipment. Below is a photo of the area in the park, the bench will be placed to the right of the tree on the grass. • During the Recreation Committee held on April 27, 2022, Lisah Rhodes made the following motion: "The Recreation Committee moves to accept a bench donation at Sutherland Park, donated to the Town on Town property by Lexington residents Stephen and Laura Canham." Lisa O'Brien seconded the motion. The Recreation Committee voted 6-0 to approve this motion. , , w �� w+ /,; , � < ; i �, p.� U w a , �o :� � i� �; ��i/,,ii�o.,.•�i!Y'i, ,�... f� ,I �, ,//, �i�, .�.�� f�%%///��i ;;,, �/��%� � �� f �J � �� / ,/ �� „� �/�i ;..��, � � ,, , �i �� ,�, �t ��! � ��l,f f � l��r r ��,� �� a � , �� c tl � �,�,� �� X'�pu�!¢d,ynl�a Q��l,J" (��;,�/�� .'��'�a J �t �9� r P .,��+vZ;�f,H,;°�� ,,C�,+Aa�I,�'.. n I.�d ��,��.V ��y d rRr�.:�b a�� r,si,.. h ti i �� i � � ��. .J f"'�� d�ti �"� I� 6 4 �. k�,a�. � �.. w :i w ,°� �.. ,�' �„�� V �H:�. ��"r��"°,.a Pr�,�� ,d��'id� � '��'� v m '�r ��'. i. a i 9 ��°� �p m� � d x IC �.;� �5�ti r � �M� "�rc,+;'° 'u ' � ' '��'�Q ,�y� �� 'r� n �v � ( ( �vh(�.� ,e� V,-, � � u ,'� ��'„$, ,'•r��,r��q;°,�� 'w; ,�,, V. i ',e h N�� , �� 2 h. V. �� U.��,� ,7�� . :�.Q �,u�"�,� ��,„r, ,i� ,ri r �a r'� 'if.� d»f i��' 'd"�. T, p ., o �r� � r ,"�'„f, i" k � � i g� � �e�, i C C � I.f ,Y�r,,A�d.,�Wr� , ,.F ,. i .. , ✓, , ,.., . �i,a. . _ ,. Thankyou Cc: Recreation Committee 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 LEXINGTON'S BENCH PROGRAM For the record, we would like to document information about the person(s) named on the plaques of benches located in Lexington. We would thus appreciate your filling out this form. Date: March 24, 2022 Bench Dedicated to: Canham Family Date of Birth (and Death): - Placed lived: - Person(s) or group requesting bench: Canham Family Contact Information: Relationship of donor(s) to person(s) being honored: Donor(s)'s profession or role in the community, if appropriate: - Plaque Information: Canham Family Bench Location: Sutherland Park for parents watching their kids use the new playground addition to be installed in spring 2022. Additional Information: To be filled out by the Select Board Office: Cost of Bench: B ench ID Numb er: B ench Typ e: Bench Location approved (Date): Bench Installed: Bench Repaired/Replaced: Map Location: Please send the completed form to the Select Board's Office, 1625 Massachusetts Avenue, Lexington, MA 02420 or e-mail to �� °�� . � m � /% „%, . . . i ., . �„ � //// / . .. . %/ �� . "%' ; %//� �� i ( � % . � /�j�� / � �� / �/%�%�///�/ l� ,� I � //!� � ii /�t/�� %%� °' i i/% / � ��/// i i/� // r iii ri /�/ ��ii Y �i%/�o i i ii1`i��'��i� Ji�%/��/��i i�i �� . f ,/�p�%/�iiii�i�i�/%�/ii�///p� i/��i . 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J.. s, � . �� ..... � � .. .. / z �(�� 0 , '. € . � , . . f / �r &�ry� _ , c , ,.,,,...� �VN�o � .. . . AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Farmers' Market Winery Request - House Bear Brewing PRE E TER• ITEM S N . NUMBER: S elect Board Chair I.4 S UMMARY: House Bear Brewing, LLC has supplied all the necessary paperwork to request a Special License from the Select Board to sell Mead and Cider at the Lexington Farmers' Market for the 2022 season from May 31, 2022 through October 25, 2022 and on November 22, 2022 at the Lexington Farmers' Market located at the Wo rthen R o ad P rac tic e F ield. T here will b e No s amp lings at the F armers Market and the s ale is fo r o ff- remise consumption. The Recreation Committee (at their March 16, 2022 meeting) and School Committee (at their April 26, 2022 me eting) b o th vo ted to allo w H o us e B ear B rewing s ell at the L exingto n F armers market fo r o ff-b remis e consumption. SUGGESTED MOTION: Move to approve and sign a Special License for House Bear Brewing, LLC to sell Mead and Cider at the Lexington Farmers' Market from May 31, 2022 through October 25, 2022 and on November 22, 2022 for off- premise consumption. FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:30pm ATTACHMENTS: Description Type � .��c„f��.��m��-,°�c��;�� .��;��~��:��°��r:��`°c:��,��:��:�� :��;��:��a�� ,��:� APPLICATION BY A FARMER WINERY FOR LICENSE TO SELL AT A FARMER'S MARKET (CH.138,§15F) YEAR 20 22 1.Licensee Information: ABCC License Number: FW-LIC-000095 (If Existing Licensee) Name of Applicant: House Bear Brewing,LLC Business Name(d/b/a if different): Mailing Address: 25 Storey Ave,#238, City/Town: Newburyport State MA Zip 01950 Manager of Record:Carl Hirschfeld Phone Number of Premises: (978)388-1506 Other Phone: 7818390149 Email: carl@housebearbrewing.com Website: housebearbrewing.com Contact Person concerning this application(attornev if applicable): Name: Beth Borges City/Town: Newburyport State MA Zip 01950 Address: 3 Graf Rd,#15 Email: beth@housebearbrewing.com Contact Number: (781)839-0149 Fax Number: 2.Event Information: A.Farmer's Market licenses are only permitted at events that the Department of Agriculture has certified as Agricultural Events. Please attach document from Department ofAgricultural Resources certifying that this is an agricultural event. Date(s)of Event: 5/31/22-11/22/22 6.Contact person for applicant during event: Name: geth Borges Phone number of contact: (781)839-0149 C.Description of the premises within the Farmer's Market: Address of Premises for the Sale of Wine: Worthen Road Practice Field next to the LHS Field House(112 Worthen Rd) City/Town: Lexington State MA Zip 02421 Phone Number of Premises: 339-970-9495 Describe Area to be Licensed: Large grassy field.Vendor tents set up along perimeter as well as a block of tents in center. APPLICATION FOR LICENSE BY A FARMER WINERY TO SELL AT A FARMER'S MARKET (CH.138,§15F) 3.Existing License(s)to Manufacture,Export and Sell at Retail: List the license(s)you hold which authorize the manufacture,exportation and retail sale of wine to consumers:(Attach a copy of each license) Name License Type License Address House Bear Brewing,LLC Basic Wine Permit 3 Graf Rd,#15,Newburyport,MA 01950 House Bear Brewing,LLC Farmer Winery License 3 Graf Rd,#15,Newburuyport,MA 01950 4.Are you providing,without charge,samples of wine to prospective customers? Yes No X Section 15F specifically requires that"all samples of wine shall be served by an agent,representative or solicitor of the licensee." A.If yes,please provide names and addresses of all agents,representatives and solicitors: Name Address ABCC License Number Carl Hirschfeld 3 Graf Rd,#15,Newburyport,MA 01950 FW-LIC-000095 Beth Borges 3 Graf Rd,#15,Newburyport,MA 01950 FW-LIC-000095 B.Proof of Age for Sale to Consumers: Please identify all methods by which you will obtain proof of age before providing samples or making any sales of wine to consumers: We are both TIPS certified and are responsible servers.We card where the situation warrants. 5.Transportation and Delivery: Please identify in detail all persons or businesses that are licensed under M.G.L.c.138,§22 that will be making any delivery of wine on your behalf to the Farmer's Market in Massachusetts. Deliveries made by LLC Managers .�III�� iii��,iii�iir��III�II��iii�ii��'��III�III ��III��.� �w APPLICATION FOR LICENSE BY A FARMER WINERY TO SELL AT A FARMER'S MARKET (CH.138,§15F) 6.Safety and Tax Registration: Has the Farmer's Market registered with the Food and Drug Administration? Yes � No � Registration Date: 12/31/2020 7.Disclosure of License Disciplinary Action: Have any of the your licenses to sell alcoholic beverages ever been suspended,revoked or cancelled? Yes � No � If yes,list said interest below: Date License Reason why license was Suspended,Revoked or Cancelled Pursuant to M.G.L. Ch. 62C, Sec.49A,I certify under the penalties of perj ury that,I have filed all state tax returns and paid all state taxes required under law. I further understand that each representation in this application is material to the determination of the application and state under penalty of perjury that all statements and representations therein are true. �� .�"��.�.F�.� ��iir��w��.��,�� m��"�.� ��:��m r�, �� S i g n atu re ° ��n ��` r ��` � � � �� >> �� , �o ;��. �� ,�' �� '� � �� -" � j� � � �� „��, � �� il�� ,�V �� ,,� � �� Title LLC Manager �r Date 12.April 2022 Revised: 12/3/2019 Additional Space Please note which question you are using this space for. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Lexington Farmers' Market - Recap of 2021 and Preview of 2022 Markets PRESENTER: ITEM NUMBER: Alex F lack, LF M Market Manager& Leslie Wilcott-Henrie, LFM President I.5 S UMMARY: Leslie Wilcott-Henrie, LF M Board President and Alex F lack, LF M Market Manager will provide a summary and review of the 2021 Farmers' Markets, as well as a preview for the 2022 Farmers' Market season. SUGGESTED MOTION: n/a FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:35pm ATTACHMENTS: Description Type � .�...�n��i��m�^"��uG��,,,�� IC��:�:n��:.��,,��m��.��G�.�� .��G��:�� :�� D I I; 1 � / II��Ir 1 I { lexington local Food Collaborative, Inc. dba lexington Farmers' Market Summer 2021 Summary and Review, looking Forward to 2022 Since its founding in 2005, the Lexington Farmers'Market has grown to include three distinct markets held throughout the year: the regular season market(2005), the Thanksgiving FEASTival(2010) and the Small Yet Mighty Winter Market(2016) with a commitment to locally-grown, -produced and-crafted food. This summary includes highlights from the 2021 LFM regular season market and Thanksgiving FEASTival, and follows with plans for the 2022 season. Highlights from Summer & Thanksgiving FEASTival 2021 In 2021 the LFM continued to operate as an essential food access point providing farmers and vendors a way to reach their dedicated customers and the community with a safe, outdoor space to shop for healthy, local food. The 2021 season was filled with the sense of community, resilience, and recovery. • NEW LOCATION:The LFM relocated to the Worthen Road Practice Field due to the Center Streetscape Project and impact on Fletcher Park.The new site was extremely well-received by all stakeholders, including customers, farmers/vendors and the LFM board and staff. We are extremely grateful for the continued support from the Town of Lexington for the use of the site and assistance with parking and logistics. • FARMERS&VENDORS: On average 20 farmers and vendors participated each week, with a total of 27 farmers and vendors participating in the season, an increase from 2020's average market of 15 farmers and vendors.The LFM continued prioritizing food producers from Lexington and surrounding communities, including Lexington residents who own specialty food businesses. • VOLUNTEERS:Throughout the season more than forty volunteers dedicated their time and hard work behind the scenes and on market days to create a safe market shopping experience. In partnership with Lexington High School,Tharros House (a local sober living community),the Lexington Department of Sustainability and Resilience and many other local organizations,volunteers from various community organizations helped to ensure a safe and healthy LFM experience throughout the 2021 season. • SNAP MATCH:The LFM supported over 175 SNAP households, an increase from 140 in 2020, providing SNAP recipients with nearly$10,000 in matching funds. Due to continued support through the LFM SNAP Match program and outreach to the Lexington community, the LFM continued to support individuals and families in need of food assistance, reflecting the community's broad demographic. • THANKSGIVING FEASTIVAL: the 2021 LFM Thanksgiving FEASTival was held outdoors at the Worthen Road Practice Field location,the site of the regular season market.. • In 2021 the LFM saw a greater number of customers visit the market than in years past. On average the LFM would see 600+visitors per market, noticeably higher than the average number of customers visiting the market in 2020. To learn more about the 2021 season, a full Year in Review Summary can be found below. Appreciation We are thankful for the market friends and partners who helped us hold the LFM this D I I; 1 � / II��Ir 1 I { challenging year. The Town of Lexington has continued to give the LFM overwhelming support for which we are extremely grateful. We thank the members of the Public Health Department; the members of the Board of Health;Jim Malloy, Kelly Axtell, Cathy Severance, and the Town Manager's office; the Recreation Committee and Melissa Battite, Peter Coleman and Hayato Tsuramaki; ithe 2021 Select Board; Sgt. David Bresnihan, Officer Jimmy Cataldo, and the Lexington Police Department, and Dave Pinsonneault, Chris Filadoro and the staff of the Department of Public Works. Additionally, we thank our dedicated farmers and vendors, wonderful market shoppers,generous sponsors, community partners, individual donors, and Lexington High School and community volunteers who contributed to making this outdoor season a success. Thank you for all of your support of the Lexington Farmers' Market! looking Forward to the 2022 Regular Season The LFM will open on Tuesday, May 31 on the Worthen Road Practice Field, and anticipates hosting 36 farmers and specialty food vendors participating weekly, biweekly, or as guests. Each week the community can expect to see an average of 25 farmers and vendors, 2 artisans, and one musician per market. • The LFM will be welcoming Farmer Dave's from Dracut, an additional HIP certified Farmer which specializes in sustainable and extended season diversified agriculture. • The LFM will be bringing back a selection of ready-to-eat prepared foods, including a food truck with Just Hummus, refreshing locally crafted drinks, and an assortment of healthy items to be enjoyed on site. • The LFM will be held for the second year on the Worthen Road Practice Field, between the Lexington High School field house and the baseball diamond. • The LFM will continue to host two artisans per market and an entertainer for live music from the beginning of the season. • The LFM is beginning the process of creating the LFM Food Equity and Justice Committee to strengthen community partnerships, better serve community members in need of food assistance, and uplift traditionally marginalized food producers.This will be an ongoing project in 2022 and beyond as the increase in the need for food assistance continues. • The LFM is grateful to have received a $10,000 grant from the Town's Economic Development Department through the Local Business and Non-Profit Organization Grant Program. This funding will be used to strengthen the LFM SNAP Match program, furthering the market's equity and inclusivity initiatives. • Needs Going Forward: o With the continued growth of the regular season market, the LFM welcomes help in sharing market news. We are asking the Select Board and the community to please spread the word to their connections online and in person. o The market will continue to work with the Town Manager's Office, DPW,the Recreation Department, the Police Department, and the Public Health Department to continue to create the safest market space around. YEAR IN REVIEW: Regular Season & Thanksgiving FEASTiva12021 �k REGULAR SEASON MARKET(22 weeks) Worthen Road Practice Field, Every Tuesday, June 1 to October 26 D I I; 1 � / II��Ir 1 I { The 17th season of the LFM's regular season market opened with a one week delay to allow adequate time to inform the community of the new location, onboard a new market manager, and work with the Lexington Department of Public Health in developing and implementing COVID-19 regulations to ensure the safety of the farmers and vendors, market staff, and community.The LFM slowly reintroduced musicians, artisans, community groups, and special events beginning in July of 2021. While the 2021 market season looked and felt different due to the new space and returning extras, it continued to prioritize access to local, healthy food, and soon became the community space that Lexington has come to know and love. Farmers and Vendors With the health and safety of the community in mind,the LFM worked throughout the 2021 season to build back the number of farmers and vendors to pre-pandemic levels .The LFM had 27 farmers and vendors participate in the 2021 regular season, an increase from 2020. • Lexington residents:A number of last year's vendors came from Lexington and surrounding communities, including five Lexington residents who own small businesses. • Distance traveled: the food sold at the market traveled an average of 30 miles from the farm/kitchen where it was produced, shortening a food supply chain already under duress. Most food eaten in the US has traveled nearly 1,500 miles from where it is produced to where it is sold; in 2020 disruptions due to the pandemic resulted in shortages nationwide. • Over 500 acres of diversified farmland in New England was kept in production by farms selling at the LFM. Artisans, Nonprofits, Entertainment, and Special Events The LFM brought back artisans, community groups, live music, and special events in 2021. Beginning in mid July,the LFM began hosting 1-2 artisans, musicians, and a community group per market. In 2021 the LFM hosted 19 community groups, 12 artisans, and 11 musicians. The LFM hosted three main special events. • National Farmers' Market Week celebration (August) including an LFM scavenger hunt for children to learn about their farmers and food producers, arts and crafts, and additional educational resources sharing the importance of farmers' markets. • LFM Sustainability Day was held in partnership with the Town's Director of Sustainability,ten community organizations,the Lexington Select Board, and local community members. Hosting the inaugural Local Food Day in Lexington,this event shared local strategies and opportunities available for Lexington residents, highlighting that local food is an essential component for sustainable communities.Two members of the select board presented a I i in support of the Lexington Farmers' Market and local food at the market,while community sustainability groups were able to network and meet with Lexington residents. • Fall Festival (October) highlighted fall foods and the autumn harvest, offered fun food and educational activities for community youth, and celebrated the local food system's end of season bounty. Customer Base The LFM experienced great support from the community looking to support local food and shop in an outdoor environment. D I I; 1 � / II��Ir 1 I { • The average daily attendance exceeded previous years. On average the market had 600+ visitors attend each market throughout the season. LFM customers in 2021 represented a broad and diverse cross section of our community. • The number of weekly SNAP visitors participating in our SNAP Match Program remained consistent with the rise experienced in 2020, representing a sustained need for the LFM SNAP Match food assistance program. • The ethnic diversity among visitors at the market has continued to grow.The LFM partnered with Chinese-American Association of Lexington to provide translated signage and brought in community members and Lexington High School volunteers to provide valuable interpretation services at the market, assisting shoppers with relevant information in their native language. • An important LFM goal is to celebrate the diversity and vibrancy of our greater community, and the LFM continues to see that reflected in our weekly customer base. �k THA NKSGI VI NG FEASTI V�4 L INorthen Road Practice Field, Tuesday before Thanksgiving This was the LFM's twelfth annual Thanksgiving market. Some highlights include: • The 2021 LFM Thanksgiving FEASTival was held fully outdoors and for the first time at the Worthen Road Practice Field, the site of the regular season market. • The FEASTival included twenty two farmers and vendors from the regular market season. • The FEASTival experienced a high single day demand for the LFM's SNAP Match program, serving 40 SNAP households and matching over$500. �k WI NTER MA RKET Closed for the 2021 Winter Season After weighing multiple factors, including weather, safety, health concerns, cost, staff/volunteer demands, the LFM Board decided to cancel the 2021 Small Yet Mighty Winter Market. In its place,the LFM worked to keep the community connected with the LFM farmers and vendors online through our website, social media channels, and electronic newsletter. SNAP: Supplemental Nutrition Assistance Prog� For the twelfth year,the LFM offered a SNAP Match program enabling customers using SNAP to double the amount of their purchase up to$15 weekly at the market. In 2018, the program was extended to the Winter Market held at the Waldorf School.This program is supported by individual donors from the community,grants, and annual fundraisers. • Between the Summer Market season and Thanksgiving FEASTival, the LFM supported over 170 SNAP using households issuing$20,812 in SNAP coupons (the highest seasonal demand in SNAP coupons thus far), with the LFM providing$9,912 in matching funds through the LFM's SNAP Match Program. Demand for the LFM's weekly SNAP Match continued to reflect the exponential increase in demand for food assistance in 2020. • The Market experienced the highest seasonal demand for SNAP at the LFM since the progra m sta rted, issu i ng$20,812 worth of SIVAP coupons. • Due to the rise in the number of individuals participating in the LFM's SNAP Match Program,the LFM has recruited community volunteers to assist in SNAP transactions and SNAP transaction translation services. D I I; 1 � / II��Ir 1 I { • Financial Support:the LFM is grateful to the members of the LFM community and community groups in Lexington for generously supporting the LFM's SNAP Match program, helping to ensure every individual has equal access to healthy, high-quality food. • In addition to the LFM's SNAP Match Program, farmers at the LFM participate in the Healthy Incentives Program, a statewide program encouraging customers using food assistance to purchase more fruits and vegetables from farmers' markets, farm stands, and CSA's. GENERAL Community Organizations and Corporate Sponsors: The LFM's commitment to staying open during the pandemic came with a large negative financial impact. Due to hosting fewer farmers and vendors, lowering fees for those participating in the market, and ongoing COVID expenses, the LFM continued to have lower revenue and greater expenses in 2021. In addition to thanking our individual donors,the LFM is deeply appreciative of the local businesses and organizations that supported the LFM's work during these unprecedented years.Thanks to their sponsorship and contributions,the LFM was able to meet the continued demand for food assistance through our SNAP match program, while creating a safer market experience for all who wish to purchase food locally. • The LFM had three corporate sponsors in 2021, all of them longtime supporters of the market.The LFM extends its appreciation to Joyce Murphy of William Raveis Realty, Cycle Loft, and The Music Emporium. • With the change of location the LFM installed a new shed on the corner of the site location with Lexington contractor CD Donahue and Son donating time, labor, and expertise to build the shed. • We are grateful for the musicians who donate their time to the LFM, including contributing gratuities to the LFM SNAP Match program. Community Partnerships The LFM is deeply appreciative of the local businesses and organizations that helped the market in a number of ways in 2021 including hosting the market, helping us spread the word, and volunteering their time on Tuesday afternoons.These include the Waldorf School of Lexington , Chinese American Association of Lexington,Tharros House, Lexington Green Network, Lexington Field and Garden Club,the Lexington Community Farm, and the Town of Lexington. Internal Media Outreach: • The weekly newsletter has 1,640 subscribers, and includes a schedule of farmers, vendors, artisans, entertainers, and special events at the market, as well as links to recipes and educational events in the community. • The LFM Facebook Page (@LexingtonFarmersMkt) has over 2,300 followers. Facebook posts include the weekly market schedule, recipes, articles of interest, and photographs from the market. • The LFM Instagram account (@lexingtonfarmersmarket) has 1,479 followers, and features farmers,vendors,food and market moments. Volunteers: Including the volunteer Board of Directors, over 40 volunteers took part in the 2021 market D I I; 1 � / II��Ir 1 I { volunteering their time and hard work behind the scenes and on market days to create a welcoming and safe market shopping experience. Volunteers included both new and longtime market supporters, students from Lexington High School, the LFM Board of Directors, and volunteers from Tharros House Sober Living Facility.The LFM is grateful for the generosity and spirit of all those who volunteered their time to help us hold the LFM during this challenging yea r. Board of Directors: The five member LFM Board of Directors worked closely with Market Manager Alex Flack and outgoing Market Manager Ashley Wenger to advance the LFM's mission supporting local farms and agriculture; providing equal access to healthy, local food regardless of income; educating shoppers on healthy eating and nutrition; and building community.The Board of Directors has overall responsibility for the administration, financial management and direction of the market. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: National Scenic Byway Grant Application for the Battle Road Scenic Byway PRESENTER: ITEM NUMBER: Richard C anale and Jeanne Krieger, Battle Road S cenic Byway C ommittee I.6 S UMMARY: R ic hard C anale and J eanne Krieger, B attle R o ad S c enic B yway C o mmitte e (B R S B C), will up d ate the S e lec t Board on the grant program opportunities and Battle Road S c enic Byway C ommittee's prep aration for the Natio nal S c enic B yways P ro gram Ap p lic atio n. Attac hed is the L etter o f I ntent(Written b y T he B attle R o ad S c enic B yway C o mmitte e)that was s ent b y Mas s D O T to F ed eral Highway Adminis tratio n(F H WA) las t week. Als o attac hed is the F H WA NO F O (Notic e o f F unding Opportunity)with amendment. The Battle Road S c enic Byway C ommittee's grant application must be sent by MassDOT to FHWA by June 20, 2022. At a future d ate, the B R S B C o nc e they c o mp lete the grant ap p lic atio n, the B R S B C will reque s t a letter o f support from the S elect Board for the application. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:45pm ATTACHMENTS: Description Type � ��ic�ar��,��+��i��°�.��m .��u�^�: ��µ��,� � .�-a'��.��.��:��.��;��°��;�,n��; ��,�� I[�:��,��,� � .�.q�:..� . .��.��;��1��1�� .�r��^7��:;��..��r��:;�� .��,�� I[�� 693JJ322NF00008 Page 1 of 24 O enin Date: March 16 2022 p g � Webinar: March 31 2022 � Letter of Intent Due: A ril 4 2022 p � A lication Due: Ma 16 2022 pp Y � 693JJ322NF00008 Page 2 of 24 U.S. DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Funding Opportunity for the 2022 National Scenic Byways Program Grants and Technical Assistance AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration(FHWA). ACTION: Notice of funding opportunity (NOFO). SUMMARY: This notice announces a funding opportunity and requests grant applications for FHWA's National Scenic Byways Program (NSBP) as provided by the Department of Transportation Appropriations Act, 2021 (Public Law 116-260) and the Consolidated Appropriations Act, 2022. Established in Title 23, Section 162 of the United States Code (U.S.C.), the NSBP is a grass-roots collaborative effort to help recognize, preserve, and enhance selected roads throughout the United States. Per 23 U.S.C. 162(b), grants and technical assistance are available to State departments of transportation (State DOT) or Indian Tribes to implement eligible proj ects on highways designated as Nat1011al SCe111C ByWayS, All-American Roads (collectively America's Byways0), State scenic byways, or Indian Tribe scenic byways; and plan, design, and develop a State or Indian Tribe scenic byway program. This grant opportunity will result in the distribution of up to $22 million that are currently available. If additional funding is provided for the NSBP during FY 2022, FHWA intends to use those funds for proj ects selected to receive a grant under this NOFO. This notice identifies selection criteria, application requirements, and technical assistance during the grant solicitation period for this one-time solicitation. The FHWA will distribute these funds, as described in this notice, on a competitive basis in a manner consistent with the selection criteria. For the 2022 NSBP grants, FHWA seeks proj ects that meet the statutory eligibility and advance one or more of the four goals: (1) S afety; (2) Equity and Accessibility; (3) Economic Strength; and (4) Climate and Sustainability. ASISTANCE LISTING (formerly CATALOG OF FEDERAL DOMESTIC ASSISTANCE) NUMBER: 20.205 DATES: Letters of Intent are strongly encouraged. If the applicant decides to submit a Letter of Intent, it should be submitted by filling out a PDF form, available at htt�s://www.fhwa.dot.�ov/hep/scenic_bywa,� and emailing the completed form to scenicbywa,ys(a�dot.gov no later than 4:00 p.m., Eastern Time, on the date identified on the title page of this NOFO. Applications must be submitted electronically through �rants.�ov no later than 11:59 p.m., Eastern Time, by the date identified on the title page of this NOFO (the "application deadline"). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made, until after the application deadline. 693JJ322NF00008 Page 3 of 24 WEBINAR: The FHWA plans to conduct outreach regarding NSBP in the form of a Zoom Webinar on March 31, 2022 from 2:3 0 PM to 4:00 PM, Eastern Time. To register for the Webinar, go to https://usdot.zoom,�ov.com/webinar/re,�ister/WN_D6bEx7oRRpuCfifP_fTR-w. To join the Webinar, follow the instructions sent to your email upon registering. ADDRESSES: Letters of Intent must be submitted via e-mail to scenicbywa�(a�,dot.gov• APPLICATIONS: Applications must be submitted electronically through https://www. rants.�ov/. FOR FURTHER INFORMATION CONTACT: Rick Murray Agreement Officer Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE. Washington, DC 20590 Email: scenicbyways(a�dot. o�v (preferred) Phone: (202) 366-4250 Alternate: Robin Hobbs Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE. Washington, DC 20590 Email: scenicbyways(a�,dot.e ov (preferred) Phone: (202) 366-4004 Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Time, Monday through Friday, except Federal holidays. The FHWA will not review applications in advance, but FHWA staff are available for technical questions and assistance. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this NOFO's page. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact FHWA directly, rather than through intermediaries or third parties, with questions. SUPPLEMENTARY INFORMATION: The Department of Transportation Appropriations Act, 2021 (Public Law 116-260), enacted on December 27, 2020, appropriated $16 million in Highway 693JJ322NF00008 Page 4 of 24 Infrastructure Program funds for the NSBP under 23 U.S.C. 162. The Consolidated Appropriations Act, 2022, enacted on March 15, 2022, appropriated an additional $6 million in Highway Infrastructure Program funds for the NSBP. Through this NOFO, FHWA is conducting a one-time grants solicitation to implement proj ects on designated highways for the planning, design, and development of State or Indian Tribe scenic byway programs. If additional funding is provided for the NSBP during FY 2022, FHWA intends to use those funds for proj ects selected to receive a grant under this NOFO. Each section of this notice contains information and instructions relevant to the application process for NSBP grants. The applicant should read this notice in its entirety to submit eligible and competitive applications. 693JJ322NF00008 Page 5 of 24 Table of Contents A. PROGRAM DESCRIPTION..................................................................................................... 6 B. FEDERAL AWARD INFORMATION..................................................................................... 6 1. Award Amount Available....................................................................................................... 6 2. Award S ize.............................................................................................................................. 7 3. Award Type ---------------------------------------------------------------------------------------------------------------------------- 7 4. Period of Performance ............................................................................................................ 7 5. Degree of Federal Involvement .............................................................................................. 7 C. ELIGIBILITY INFORMATION............................................................................................... 8 1. Eligible Applicants.................................................................................................................. 8 2. Cost Sharing or Matching....................................................................................................... 8 D. APPLICATION AND SUBMISSION INFORMATION ....................................................... 10 1. Content and Form of Applications........................................................................................ 10 2. Unique Entity Identifier(UEI) and System for Award Management (SAM) ...................... 12 3. Submission Dates and Times................................................................................................ 13 E. APPLICATION REVIEW INFORMATION.......................................................................... 15 1. Statutory Eligibility Criteria and General Proj ect Information............................................. 15 2. Project Selection Criteria...................................................................................................... 15 3. Statutory Priority and Policy Considerations........................................................................ 19 4. Review and Selection Process .............................................................................................. 20 5. Additional Information......................................................................................................... 21 F. FEDERAL AWARD ADMINISTRATION INFORMATION................................................ 22 1. Federal Award Notice........................................................................................................... 22 2. Administrative and National Policy Requirements............................................................... 22 3. Reporting............................................................................................................................... 22 G. FEDERAL AWARDING AGENCY CONTACT(S).............................................................. 23 H. OTHER.................................................................................................................................... 23 1. Protection of Confidential Business Information. ................................................................ 23 2. Publication/Sharing of Application Information. ................................................................. 24 3. Department Feedback on Applications................................................................................. 24 693JJ322NF00008 Page 6 of 24 A. PROGRAM DESCRIPTION The NSBP is administered by FHWA. Established in Title 23, Section 162 of the U.S.C., the purpose of the program is to help recognize, preserve and enhance selected roads throughout the United States. Discretionary funding for the NSBP was last authorized in 2012 under the Surface Transportation Extension Act of 2012 (Public Law 112-102, March 30, 2012). The Department of Transportation Appropriations Act, 2021 (Public Law 116-260), enacted on December 27, 2020, appropriated $16 million in Highway Infrastructure Program funds for the NSBP under 23 U.S.C. 162. The Consolidated Appropriations Act, 2022, enacted on March 15, 2022, appropriated an additional $6 million in Highway Infrastructure Program funds for the NSBP. If additional funding is provided for the NSBP during FY 2022, FHWA intends to use those funds for proj ects selected to receive a grant under this NOFO. Section 162 of title 23, U.S.C. provides that grants and technical assistance be made available to State DOTs or Indian Tribes to (a) implement eligible proj ects on highways designated as National Scenic Byways, All-American Roads (collectively America's Byways0), State scenic byways, or Indian Tribe scenic byways; and(b)plan, design, and develop a State or Indian Tribe scenic byway program. Eligible proj ects include access to recreation, byway facilities, construction, corridor management plans, highway improvements, interpretive information, marketing programs, resource protection, safety improvements, State and Indian Tribe scenic byway programs, and tourist information. Eligible projects are listed at 23 U.S.C. 162(c). Between 1992 and 2012, FHWA awarded over$505 million in NSBP grants. In 2012, FHWA awarded approximately $37 million to 125 projects. For information on all Scenic Byways grants issued between 1992 and 2012, see htt�s://www.fhwa.dot.�ov/he�/scenic_byways/�rants/funded/. For the 2022 NSBP grants, FHWA seeks proj ects that meet the statutory eligibility and advance one or more of the four goals: (1) Safety; (2) Equity and Accessibility; (3) Economic Strength; and (4) Climate and Sustainability. Links to the Letter of Intent form and NOFO on grants.gov are provided on the Grants Webpage of the National Scenic Byways Website: htt�s://www.fhwa.dot. ov/he�/scenic_byways/grants/. B. FEDERAL AWARD INFORMATION 1. Award Amount Available The Department of Transportation Appropriations Act, 2021 (Public Law 116-260) appropriated $16 million in Highway Infrastructure Program funds to be awarded by DOT for the NSBP under 23 U.S.C. 162. Awards provided with FY 2021 appropriated funding must be obligated by September 30, 2024 and expended by September 30, 2029. The additional $6 million appropriated for FY 2022 in the Consolidated Appropriations Act, 2022, must be obligated by September 30, 2025, and expended by September 30, 2030. If additional funding is provided for 693JJ322NF00008 Page 7 of 24 the NSBP during FY 2022, applicants selected to receive FY 2022 funds will be informed of the obligation and expenditure deadlines accordingly. 2. Award S ize There is no minimum or maximum award size; however, applicants are encouraged to submit comprehensive applications for large-scale projects of$500,000 or greater. The FHWA anticipates awarding between 40-50 grants. If additional funding is made available, additional awards may be made. 3. Award Type If the successful applicant is a State DOT, or if a State DOT will serve as a pass through entity to a non-State DOT entity, NSBP funds will be awarded upon the execution of a proj ect agreement which is a type of grant agreement for administration of funds allocated to a State DOT in the Fiscal Management Information System (FMIS). If the successful applicant is an Indian Tribe, NSBP funds will be awarded upon the execution of a grant agreement between FHWA and the Tribe. 4. Period of Performance If a grant recipient will be a State DOT or if a State DOT will serve as a pass-through to a non- State DOT entity, the DOT Payment System will be FHWA's FMIS and the start of the period of performance will begin on the date NSBP funds are obligated in FMIS and end on the project end date in FMIS. If a grant recipient will be an Indian Tribe, the DOT Payment System will be determined upon award. If it is determined that the Department's Delphi accounting system is preferred, the start of the period of performance will begin on the date NSBP funds are obligated in Delphi and end on the proj ect end date in Delphi. If it is determined that FMIS is the preferred method of payment, the start of the period of performance will begin on the date NSBP funds are obligated in FMIS and end on the proj ect end date in FMIS. 5. Degree of Federal Involvement This grant award does not provide for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. Please refer to Section F. Federal Award Administration Information. 693JJ322NF00008 Page 8 of 24 C. ELIGIBILITY INFORMATION 1. Eligible Applicants Eligible applicants for NSBP discretionary grants are State DOTs and Indian Tribes. Other entities may partner with a State DOT or Tribal government to submit an application, but the eligible applicant must be a State DOT or Indian Tribe. A State DOT or Tribe may submit more than one application; however, only one proj ect may be included in each application. If a State DOT or Tribe is submitting more than one application, when submitting each application, please inform FHWA its priority over the others by numeral ranking with "1"being the highest priority. State DOTs may submit multi-State byway applications and Indian Tribes may submit multi- Tribe byway applications for funding. For purposes of the grant administration, a multi-State or multi-Tribe grant is an arrangement whereby one State DOT or Indian Tribe agrees to serve as the lead State DOT or lead Indian Tribe for preparing and submitting a single grant application, as well as administering the grant. The lead State DOT or lead Indian Tribe determines the priority for the multi-State or multi-Tribe grant. Similarly, if the proposed project falls on or is adj acent to both State DOT and Tribal land, the State DOT and Tribe should coordinate to determine who will act as lead for preparing and submitting the application. Federal Land Management Agencies (FLMA) are not eligible to apply for NSBP discretionary grants. The FLMAs may coordinate with States or Tribes to submit an application but may not act as lead applicant. If funding is awarded, a State DOT or Tribe may enter into an agreement with an FLMA to carry out the proj ect. In addition, a State may request that funding be directly allocated to the FLMA for administration under an agreement in accordance with 23 U.S.C. 132. 2. Cost Sharing or Matching Per 23 U.S.C. 162(f�, the "Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway proj ect along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share." 80 percent means up to 80 percent of total proj ect costs. Private, local, Indian Tribe and State funds may be used as the non-Federal matching share. Additional information on non-Federal matching requirements can be found at htt�s://www.fhwa.dot.e o� v/le e,�sre�s/directives/�olicy/fedaid_�uidance_nfmr.�df. Property and materials are accepted toward the match share if the source is an individual or a private entity, local government, or Indian Tribe submitting an application through the State DOT. Services are accepted toward the match share if the source is an individual or a private entity, local government, or Indian Tribe submitting an application through the State DOT directly to FHWA. In general, indirect costs are allowable only if a State DOT or Indian Tribe has an indirect cost rate approved by the FHWA Division Office. 693JJ322NF00008 Page 9 of 24 3. Other a. Eligible Proj ects Under 23 U.S.C. 162(c), eligible projects to receive a NSBP grant are limited to the following: 1. An activity related to the planning, design, or development of a State or Indian Tribe scenic byway program. 2. Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities. 3. Safety improvements to a State scenic byway, Indian Tribe scenic byway, National Scenic Byway, All-American Road (collectively America's Byways0) to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian Tribe scenic byway,National Scenic Byway, or All-American Road. 4. Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility. 5. An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation. 6. Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adj acent to a scenic byway. 7. Development and provision of tourist information to the public, including interpretive information about a scenic byway. 8. Development and implementation of a scenic byway marketing program. b. Eligible Highways NSBP eligible projects may only be implemented on highways designated in 23 U.S.C. 162(b)(1)(A)(i)— (v) as follows: 1. National Scenic Byways; 2. All-American Roads; 3. America's Byways 1; 4. State scenic byways; or 5. Indian Tribe scenic byways. c. Limitation on Award of NSBP Grants Under 23 U.S.C. 162(d), the S ecretary shall not make a grant under 2 3 U.S.C. 162 for any proj ect that would not protect the scenic, historical, recreational, cultural, natural, or archaeological integrity of a highway or adj acent areas. 1 America's BywaysOO is the umbrella term we use for the collection of 184 distinct and diverse roads designated by the U.S. Secretary of Transportation. America's Byways include the National Scenic Byways and All-American Roads. 693JJ322NF00008 Page 10 of 24 D. APPLICATION AND SUBMISSION INFORMATION 1. Content and Form of Applications a. Letter of Intent Letters of Intent are strongly encouraged so that FHWA review panels, comprised of relevant subj ect matter experts, may be organized in advance of receipt of final proposals. Letters of Intent are strongly encouraged. If the applicant decides to submit a Letter of Intent, it should be submitted by filling out a PDF form, available at htt�s://www.fhwa.dot. ov/he�/scenic_bywa,�� and emailing the completed form to scenicbywa�(a�dot._ov no later than 4:00 p.m., Eastern Time, on the date identified on the title page of this NOFO. The Letter of Intent must include items #1 to #10 from the Proj ect Narrative's Proj ect Identification section below. After a Letter of Intent is submitted, the applicant may change the goal or eligible proj ect. The application should describe this change. If the applicant intends to apply for more than one NSBP grant and to submit Letters of Intent, the applicant should include separate letters for each application. As a reminder, Letters of Intent are optional but are strongly encouraged. b. Application All applications must be submitted electronically through �rants.�ov. Applicants must use standard formatting (a double-spaced document, using standard 12-point Times New Roman font, with 1-inch margins) to prepare their application narratives. The maximum application length is eight pages, including a table of contents; proj ect characteristics; proj ect abstract, proj ect narrative, and cost breakdown. Forms do not count against the page limit. The applicant may submit up to an additional four pages of attachments (maps, graphics, etc.). Material that exceeds the page limit will not be evaluated. The Proj ect Narrative should be submitted as a single PDF document. The Budget Narrative should be submitted as a PDF document. Forms should be submitted as individual PDF documents in addition to the application; forms are not included in the page limit. Project Narrative � The proj ect narrative should be submitted in a single PDF document and should thoroughly address each of the below statutory eligibility criteria, and project selection criteria with as much detail as possible without exceeding the overall page limit. The DOT recommends that the proj ect narrative follow the basic outline below to address the program requirements and assist evaluators in locating relevant information. 693JJ322NF00008 Page 11 of 24 Proj ect Identification � 1. The State DOT or Indian Tribe applying for funding. 2. Name and contact information for the application point of contact. 3. Any cooperating or partner entities involved in or likely to be involved in the funding and/or implementation of the proj ect. 4. Name of the byway impacted by the proposed proj ect. 5. Designation type of the byway impacted by the proposed proj ect (National Scenic Byways, All-American Road, State scenic byway, or Indian Tribe scenic byway) 6. Name/title of proposed proj ect. 7. Proj ect Abstract (maximum five sentences): Summarize proj ect work that would be completed under the proj ect. The proj ect abstract must succinctly describe how the specific request for NSBP funds would be used to complete the proj ect. 8. The goal under which the proposed proj ect is aligned. 9. The primary proj ect type under which the proposed proj ect aligns. 10. If applicable, the additional proj ect types identified. Proj ect Description 11. Applicant information; 12. Proj ect Description: Include detailed information about the proj ect, current challenges and how the proj ect would address these challenges; and 13. Project Selection Criteria: Include a description of how the proposal meets all of the proj ect selection criteria in section E.2. The proj ect narrative should include the information necessary for DOT to determine that the proj ect meets the statutory eligibility requirements described in section sections C.1, C.3(a) and C.3(b) and to assess the project selection criteria specified in section E.2. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by DOT. The FHWA may, but is not required to, request additional information, including additional data, to clarify an application, but FHWA encourages applicants to submit the most relevant and complete information they can provide. The FHWA also encourages applicants, to the extent practicable, to provide data in a form that is publicly available or verifiable. Budget Narrative Grant Funds and Sources/Uses of Project Funds: Include information about the amount of grant funding requested for the project, availability and commitment of funds sources and uses of all proj ect funds, total proj ect costs, percentage of proj ect costs that would be paid for with NSBP funds, and the identity and percentage shares of all parties providing funds for the proj ect (including Federal funds provided under other programs). The application must include the forms listed below with the Budget Narrative. 693JJ322NF00008 Page 12 of 24 The following forms are to be submitted as individual PDF documents: • Standard Form 424 (Application for Federal Assistance) (mandatory); • Grants.gov Lobbying Form (mandatory); • Disclosure of Lobbying Activities form (SF-LLL) (mandatory); • Key Contacts (optional) And either • Standard Form 424A (Budget Information for Non-Construction Programs) (mandatory) and Standard Form 424B (Assurances for Non-Construction Programs) (mandatory); or • Standard Form 424C (Budget Information for Construction Programs) (mandatory) and Standard Form 424D (Assurances for Construction Programs) (mandatory) Applicants proposing non-construction-related proj ects should submit forms SF 424A and SF 424B with their application. Applicants proposing construction-related proj ects should submit forms SF 424C and SF 424D with their application. Forms are available for download at htt�s://www.�rants.,�ov/web/�rants/forms/sf-424- mandatory-famil .html. The Standard Form 424B or 424D (as applicable) should be supported by a budget narrative explaining each element of cost. 2. Unique Entity Identifier (UEI) and System for Award Management (SAM) NOTE TO APPLICANTS: Effective April 4, 2022, the Data Universal Numbering System (DUNS) number will no longer be required for entities doing business with the Federal Government and will be replaced by the SAM UEI. As of that date, applicants will need to use a UEI issued during the SAM.gov registration process. Active registrants in SAM.gov have had their SAM UEI automatically assigned and it is currently viewable within SAM.gov; there is no action for registered entities to take at this time to obtain their SAM UEI. Note that, prior to Apri14, 2022, applicants should have or obtain both a DUNS number and a SAM UEI as the DUNS will remain the authoritative identifier until that date. Please see htt�s://www. rants.,�ov/web/,�rants/applicants/applicant-faqs.html#UEI for more information on the transition from DUNS to SAM UEI, including what UEI to enter into the UEI field on grants.gov and on application package forms. Effective April 4, 2022, each applicant is required to: a. Have an active registration in SAM.gov at the time the applicant submits an application; b. Provide a valid UEI in their application; and c. Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency. 693JJ322NF00008 Page 13 of 24 The FHWA may not make a Federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements. If an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not eligible to receive a Federal award and use that determination as a basis for making a Federal award to another applicant. NOTE TO APPLICANTS: The SAM.gov requires the registrant to provide a UEI number to complete the registration. These processes can take several weeks to complete so should be started well before the application deadline. 3. Submission Dates and Times a. Deadlines i. Letters of Intent must be submitted with the fillable form provided at https://www.fhwa.dot.,�ov/hep/scenic_bywa�. The form should be emailed to scenicbyways(a�dot.�ov no later than 4:00 p.m., Eastern Time, on the date identified on the title page of this NOFO. 11. Applications must be submitted electronically through grants.gov no later than 11:59 p.m., Eastern Time on the date identified on title page of this NOFO (the "application deadline"). b. Consideration of Applications—Only applicants who comply with the application submission deadline described in this notice and electronically submit valid applications through grants.gov will be eligible for award. Applicants are strongly encouraged to make submissions in advance of deadlines. Applications will not be evaluated, and awards will not be made, until after the application deadline. c. Late Applications— Applicants experiencing technical issues with Grants.gov that are beyond the applicant's control must contact (scenicbywa�s(a�dot._�ov)prior to the application deadline with the username of the registrant and details of the technical issue experienced. The applicant must provide: (1) Details of the technical issue experienced; (2) Screen capture(s) of the technical issues experienced along with corresponding Grants.gov"Grant tracking number;" (3) The "Legal Business Name" for the applicant that was provided in the SF-424; (4) The Point of Contact name submitted in the SF-424; (5) The UEI associated with the application; and (6) The Grants.gov Help Desk Tracking Number. 693JJ322NF00008 Page 14 of 24 To ensure a fair competition of limited discretionary funds, the following conditions are not valid reasons to permit late submissions: (1) failure to complete the registration process before the deadline; (2) failure to follow Grants.gov instructions on how to register and apply as posted on its website; (3) failure to follow all instructions in this notice of funding opportunity; and (4) technical issues experienced with the applicant's computer or information technology environment. After FHWA reviews all information submitted and contact the Grants.gov Help Desk to validate reported technical issues, FHWA staff will contact late applicants to approve or deny a request to submit a late application through Grants.gov. FHWA will not accept appeals of FHWA decision to approve or deny a request for a late application. If the reported technical issues cannot be validated, late applications will be rejected as untimely. 4. Intergovernmental Review The NSBP is not subject to the Intergovernmental Review of Federal programs. 5. Funding Restrictions There are no funding restrictions on any applications. However, FHWA anticipates high demand for this limited amount of funding and encourages comprehensive, large-scale applications of $500,000 or larger. Applicants should clearly demonstrate the independent components of each proj ect that can be completed if only partial funding is provided. 6. Other Submission Requirements a. Applicants are encouraged to identify scaled funding options in case insufficient funding is available to fund a proj ect at the full requested amount. If an applicant advises that a proj ect is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible proj ect that achieves the obj ectives of the program and meets all relevant program requirements. The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. The FHWA may award a lesser amount whether or not a scalable option is provided. b. To submit an application through G�ants.gov, applicants must: a. Register with SAM at www.SAM.gov b. Obtain a valid UEI; • Before Apri14, 2022, obtain both a DUNS number(from Dunn& Bradstreet) and SAM UEI; or • As of Apri14, 2022, obtain a SAM UEI only. c. Create a G�ants.gov username and password; and d. Respond to the registration email sent to the E-Business Point of Contact from G�ants.gov, and login at G�ants.gov to authorize the applicant as the Authorized 693JJ322NF00008 Page 15 of 24 Organization Representative (AOR). Please note that there can be more than one AOR for an organization. Please note that the G�ants.gov registration process usually takes 2 to 4 weeks. For information and instruction on each of these processes, please see instructions at htt�://www. rants.�ov/web/ rants/a��licants/a��licant-fac�s.html. If applicants experience difficulties at any point during the registration or application process, please call the G�ants.gov Customer Service Support Hotline at (800) 518-4726, Monday-Friday from 7:00 a.m. to 9:00 p.m. Eastern Time. E. APPLICATION REVIEW INFORMATION The FHWA will award NSBP funds based on the statutory eligibility criteria, proj ect selection criteria, and policy considerations as outlined below. 1. Statutory Eligibility Criteria and General Proj ect Information (a) Applicants must identify: 1. The State DOT or Indian Tribe applying for funding (23 U.S.C. 162(b)(1)). 2. Name and contact information for the application points of contact. 3. Any cooperating or partner entities involved in or likely to be involved in the funding and/or implementation of the proj ect, including a description of the entities' specific role(s) in the proj ect. 4. Name of the byway impacted by the proposed proj ect, including the type of byway designation (National Scenic Byways, All-American Road, State scenic byway, or Indian Tribe scenic byway (23 U.S.C. 162(b)(1)(A)(i)— (v)). 5. Name/title of proposed proj ect. 6. If applicable, identifying information for other proj ects submitted by the applicant and the priority ranking of the proposed proj ect (if a Tribe or State DOT is submitting applications for more than one project). 7. The eligible project under 23 U.S.C. 162(c). (b) Applicants must also include an explanation as to how the proj ect will protect the scenic, historical, recreational, cultural, natural and archaeological integrity of a highway and adj acent areas2. (23 U.S.C. 162(d)) 2. Project Selection Criteria (a) Describe the challenge(s) or issue(s) the proposed proj ect is seeking to mitigate and/or address. Please include data or evidence that supports the existence of the challenge(s) or issue(s) that the proj ect is intended to address. 2 The Secretary shall not make a grant under 23 U.S.C. 162 for any project that would not protect the scenic, historical,recreational,cultural,natural,or archaeological integrity of a highway or adj acent areas. 693JJ322NF00008 Page 16 of 24 Hi�hl_y Qualified: The challenge(s) or issue(s) are clearly identified and described. Data provided in the application directly supports the need to mitigate or address the challenge(s) or issue(s). ualified: The challenge(s) or issue(s) are clearly identified and described. Data provided in the application does not clearly support the need to mitigate or address the challenge(s) or issue(s). Not Qualified: The challenge(s) or issue(s) are not clearly identified or described in the application. The data provided is incomplete to assess how it supports an identified challenge(s) or issue(s) or no data is provided in the application. (b) Describe how the proposed proj ect will achieve one or more of the four NSBP goals. If the proj ect will achieve more than one goal, identify each goal by name and its subsection listed below, and address the respective goal definition. Please include data (qualitative or quantitative) or evidence (newspaper articles, public meetings etc.) that supports how the proj ect will meet each identified goal(s). i. Safety (E.2(b)(i)): Make our transportation system safer for all. Prioritize safety and public health using informed decision-making and data-driven approaches, working toward a future where transportation-related serious injuries and fatalities are eliminated. 11. Equity and Accessibility (E.2(b)(ii)): Address inequities. Restore, reconnect and mitigate current and future inequitable impacts to communities and their people, build and maintain equitable transportation systems, and promote affordable and accessible options that foster opportunity for all across urban, suburban, and rural areas. iii. Economic Strength (E.Zb�lll��: Grow the economy. Support policies that create good American j obs and the training to build the workforce of the future, strengthen our economic competitiveness, and maintain and modernize our core infrastructure assets to efficiently move people and goods. iv. Climate & Sustainability(E.2b(iv)): Tackle the climate crisis. Work to ensure that transportation, which is the largest contributor to climate change, plays a central role in the solution by reducing transportation-related greenhouse gas emissions and building more resilient infrastructure. Each goal addressed in the application will be separately rated as follows: Hi�hl_y Qualified: The application clearly describes how the proposed proj ect will advance the goal. Data provided in the application directly supports the need to advance the goal on the identified highway. 693JJ322NF00008 Page 17 of 24 ualified: The application describes how the proposed proj ect will advance the goal. The data provided in the application is limited and does not directly support the need to advance the goal on the identified highway. Not Qualified: The application does not clearly describe how the proposed proj ect will advance the goal. The data provided in the application does not support the need to advance the goal on the identified highway or no data is included in the application. (c) Describe the proposed timeline for the proj ect, including proj ect phases, if applicable. This description should identify any planning or other efforts that have already been put into the proj ect, and the proj ect's readiness for implementation if funding is awarded(e.g., how soon after funding is awarded will funds be matched and obligated). Sufficient information should be provided for reviewers to evaluate the feasibility of the proposed approach as well as the applicant's capability to achieve the proposed outcomes within the designated grant time frame (all awards provided FY 2021 funding must be obligated by September 30, 2024, and expended by September 30, 2029; FY 2022 funding will have different obligation and expenditure deadlines). Please provide documentation to support readiness for implementation. H_,y Qualified: Application provides detailed information on the proj ect timeline, including identifying planning or other efforts that have gone into the proj ect already and evidence of the project's readiness for implementation. Information provided is sufficient for reviewers to evaluate the feasibility of the project and the applicant's ability to achieve the proposed outcomes within the NSBP obligation and expenditure deadlines. ualified: Application provides some information on the proj ect timeline and limited evidence of the proj ect's readiness for implementation. Information provided may be vague or insufficient for reviewers to evaluate the feasibility of the proj ect and the applicant's ability to achieve the proposed outcomes within the grant timeframe. Not Qualified: Application does not clearly describe the project timeline, planning efforts, or evidence of the proj ect's readiness for implementation. Reviewers are unable to evaluate the feasibility of the proj ect and the applicant's ability to achieve the proposed outcomes within the grant timeframe based on the information provided. (d) Describe, in detail, the proposed proj ect budget. The description should include a detailed description of the start and end for maj or proj ect activities, milestones, and deliverables. The description should include also a detailed proj ect budget with the total proj ect cost. The budget should identify all funding sources, amounts, and percentage of total cost of the proj ect including the NSBP requested grant amount and other funding sources, as appropriate, including Other Federal funds; State funds; Tribal funds; Local funds; and other funds such as private funds. Hi�hl_y Qualified: Application describes the proj ect in detail including the maj or proj ect activities, milestones and deliverables. For each maj or proj ect activity, milestones, and deliverable, the application provides a start and end date for each. The application includes a detailed budget that shows the total proj ect cost, all funding sources and amounts, and percentage of total proj ect costs. 693JJ322NF00008 Page 18 of 24 ualified: Application broadly describes the proj ect. The application is vague about the maj or proj ect activities, milestones and deliverables and/or does not completely provide the start and end dates for each. The application includes a budget but does not provide the detailed breakdown for funding sources and amounts, and percentage of total proj ect costs. Not Qualified: Application does not clearly describe the proj ect. The application does not include maj or proj ect activities, milestones, and deliverables. The application does not provide the start and end dates for each. No budget is included in the application. (e) Describe how the proj ect will benefit the byway community and/or traveler and how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. Hi�hl_y Qualified: Application clearly describes with a high level of detail how the proj ect will benefit the byway community and/or traveler and how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. ualified: Application broadly describes how the proj ect will benefit the byway community and/or traveler and how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. Not Qualified: Application does not describe how the proj ect will benefit the byway community and/or traveler or how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. (� Describe how you will evaluate the success of the proposed proj ect in meeting its stated purpose and goal(s), including specific metrics that will be used to evaluate to the extent to which the proposed proj ect would be successful in addressing and/or mitigating the identified challenges, or meeting the stated goals. Please be as specific as possible, including descriptions of specific data and proj ect evaluation criteria. Hi�hl_y Qualified: Application describes in detail how the applicant will evaluate the success of the proposed proj ect in (1) advancing one or more of the NSBP goals and (2) benefitting the byway community and/or traveler and how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. The application provides detailed proposed performance measures for(1) and (2) including data collection date(s) and specific metrics. ualified: Application describes in some detail how the applicant will evaluate the success of the proposed proj ect in (1) advancing one or more of the NSBP goals and (2)benefitting the byway community and/or traveler and how it will help manage the intrinsic qualities that 693JJ322NF00008 Page 19 of 24 support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. The application provides broad, not fully defined, proposed performance measures for(1) and (2). Data collection dates are not specific, and the metrics are not well defined. Not Qualified: Application does not address how the applicant will evaluate the success of the proposed proj ect in (1) advancing one or more of the NSBP goals and (2) benefitting the byway community and/or traveler and how it will help manage the intrinsic qualities that support the byway's designation, shape the byway's story, interpret the story for visitors, or improve visitor facilities along the byway. The application does not include performance measures for(1) and (2), data collections dates or metrics. 3. Statutory Priority and Policy Considerations (a) Statutory Priority Per 23 U.S.C. 162(b)(2), in making grants, FHWA shall give priority to the following: 1. Each eligible project that is associated with a highway that has been designated as a National Scenic Byway or All-American Road and that is consistent with the corridor management plan for the byway; 2. Each eligible proj ect along a State or Indian Tribe scenic byway that is consistent with the corridor management plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway eligible for designation as a National Scenic Byway or an All-American Road; and 3. Each eligible project that is associated with the development of a State or Indian Tribe scenic byway program. (b) Proj ect Goal Priorities The FHWA shall give priority consideration to a proj ect that will advance two or more of the NSBP goals. (c) Policy Considerations. The FHWA will give priority consideration to applications that address one or more of the following priorities: 1. The maj ority of the proj ect's costs will be spent within (or on the boundary of� a Census-designated rural area. For purposes of this notice, a proj ect is designated as urban if it is located within(or on the boundary o� a Census-designated urbanized area that had a population greater than 50,000 in the 2010 Census. If a project is located outside a Census-designated urbanized area with a population less than 50,000, it is designated as a rural proj ect. A proj ect located in both an urban and a rural area will be designated as urban if the maj ority of the 693JJ322NF00008 Page 20 of 24 proj ect's costs will be spent within (or on the boundary o� a Census-designated urbanized area. Conversely, a project located in both an urban area and a rural area will be designated as rural if the maj ority of the proj ect's costs will be spent within (or on the boundary of� a Census-designated rural area. If the maj ority of proj ect costs will be located within(or on the boundary o� a Census- designated rural area, the application should include a cost breakdown specific to geographic location to demonstrate that more than 50 percent of funds will be spent within or on the boundary of a rural area. At least part of the proj ect falls within an economically distressed community per the U.S. Economic Development Administration. FHWA encourages the use of the following tool to verify: http://www.statsamerica.or,�/distress/distress.aspx; however, additional evidence can be provided for verification. If applicable, in the application discuss what part(s) of the byway are located in distressed communities. 2. The total cost of the proj ect is $500,000 or larger. 3. Applicant has identified cost sharing and leveraging of non-Federal funds beyond the required 20 percent non-Federal match. 4. Review and Selection Process The NSBP applications will be evaluated in accordance with the evaluation process discussed below. The FHWA will conduct an application intake and eligibility review by providing an initial eligibility screening based on the statutory eligibility criteria in sections C.1, C.3 and E.1. Only eligible proj ects will be evaluated against the proj ect selection criteria in section E.2 and E.3. The FHWA will establish a Technical Review Team to review each eligible application. The team will be comprised of individuals from FHWA. The team will review each application against the proj ect selection criteria in each of the categories and assign a rating of"Highly Qualified," "Qualif�ied," or"Not Qualified,"to each application. A Highly Qualified proj ect is one that meets all Highly Qualified proj ect criteria. A Qualified proj ect is one that receives one Qualified rating on a proj ect selection criterion and then meets or exceeds the remaining Qualified proj ect criteria. A Not Qualified proj ect is one that does meet one or more of the statutory eligibility criteria or an eligible application that receives at least one Not Qualified on a proj ect selection criterion. 693JJ322NF00008 Page 21 of 24 The rating for each project will be sent to a Second Level Review Team. The Technical Review Team will also evaluate each application's responsiveness to the Statutory Priority, Proj ect Goals Priority, and Policy Considerations in section E.3. The Second Level Review Team is comprised of FHWA Senior Leadership. The Second Level Review Team will determine which proj ects to advance to the FHWA Administrator. The FHWA will give funding priority to Highly Qualified proj ects that meet one or more of each of the following: the Statutory Priorities; Proj ect Goal Priorities; and Policy Considerations. Thereafter, FHWA will seek to fund as many remaining Highly Qualified applications that meet at least one of the Statutory Priorities and a Project Goal Priorities, or Policy Considerations. The Second Level Review Team also may recommend for selection Qualified projects that meet one or more of the Statutory Priorities in addition to a Project Goal Priorities, or Policy Considerations over other Highly Qualified projects that do not meet any of these priorities. When recommending a Qualified proj ect over a Highly Qualified proj ect, in addition to meeting a Statutory Priority, Project Goal Priority, or Policy Consideration, the Second Level Review Team will select Qualified applications to recommend for funding by considering how well the selection criteria were addressed and number of criteria rated Highly Qualified. If the total amount of funding requested for applications exceeds the amount of available funding, FHWA may select one or more independent components of recommended projects. The status of each component should be clearly described (for example, in the project schedule). DOT may award funds for a component, instead of the larger proj ect, if that component (1) independently aligns well with the selection criteria; and(2) meets National Environmental Policy Act requirements with respect to independent utility. Independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of DOT funds even if no other improvements are made in the area and will be ready for intended use upon completion of that component's construction. To be eligible, a component must meet eligibility criteria and must be a transportation proj ect that has independent utility (i.e., is usable if a reasonable expenditure of Federal funds even if no other improvements are made in the area). This means that FHWA may fund an independent component of a project, instead of the full proj ect described in the application. The final funding decisions will be made by the FHWA Administrator. 5. Additional Information Prior to award, each selected applicant will be subj ect to a risk assessment as required by Title 2, Code of Federal Regulations (CFR), Part 200.206. The DOT must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS). An applicant may review information in FAPIIS and comment on any information about itself. The DOT will consider comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants. 693JJ322NF00008 Page 22 of 24 F. FEDERAL AWARD ADMINISTRATION INFORMATION 1. Federal Award Notice The FHWA will announce the awarded proj ects by posting a list of selected proj ects at htt�s://www.fhwa.dot. ov/he�/scenic_bywa,ys/. Following the announcement, successful applicants and unsuccessful applicants will be notified separately. 2. Administrative and National Policy Requirements All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR Part 1201. Applicable Federal laws, rules, and regulations set forth in Title 23, U.S.C., and Title 23 of the CFR, shall apply to awards provided under this program. In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If DOT determines that a recipient has failed to comply with applicable Federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds. 3. Reporting a. Required reporting follows the requirements for regular Federal-aid projects. b. Progress Reporting on Grant Activities Each applicant selected for NSBP grant funding must submit quarterly progress reports and Federal Financial Reports (SF-425) to monitor proj ect progress and ensure accountability and financial transparency in the NSBP grant program. State DOTs should report progress to the division office, which will report to FHWA Headquarters (HQ). Tribes should report progress directly to FHWA HQ. To the extent possible, each applicant selected for discretionary grant funding must demonstrate effort to consider climate change and sustainability impacts, as well as efforts to improve racial equity and reduce barriers to opportunity. The project sponsor will work with DOT to identify actions that achieve these goals, are appropriate for their proj ect, and can be carried out by the proj ect sponsor. If a proj ect sponsor is unable to identify any such actions, the sponsor may be asked to submit a report to DOT describing the actions that were considered. 693JJ322NF00008 Page 23 of 24 G. FEDERAL AWARDING AGENCY CONTACT(S) For questions concerning this NOFO and the NSBP program, please contact: Rick Murray Agreement Officer Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE., Washington, DC 20590 Email: scenicbyways(a�,dot.gov (preferred) Phone: (202) 366-4250 Alternate: Robin Hobbs Agreement Officer/Team Leader Office of Acquisition and Grants Management Federal Highway Administration U.S. Department of Transportation 1200 New Jersey Ave., SE., Washington, DC 20590 Email: scenicbywa�(a�dot.gov (preferred) Phone: (202) 366-4004 H. OTHER 1. Protection of Confidential Business Information. All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) State on the cover of that document that it "Contains Confidential Business Information(CBI)"; (2) mark each page that contains confidential information with "CBI"; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. The DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the 693JJ322NF00008 Page 24 of 24 separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA. 2. Publication/Sharing of Application Information. Following the completion of the selection process and announcement of awards, DOT intends to publish a list of all applications received along with the names of the applicant organizations and funding amounts requested. Except for the information properly marked as described in Section H.1., DOT may make application narratives publicly available or share application information within DOT or with other Federal Agencies if DOT determines that sharing is relevant to the respective program's obj ectives. 3. Department Feedback on Applications Debriefs by NSBP staff are available to applicants not selected for award to receive information about the NSBP proj ect's evaluation. G, I �; „ � , � � � , ; , w� � � ''i, „ � � , , .�IJ�� . �� , i Federal Hi hwa Administration g y National Scenic B a s Pro ram Letter of Intent Y'w Y g Overview The 2022 National Scenic Byways Program(NSBP)Notice of Funding Opportunity (NOFO) solicitation strongly encourages applicants to submit a Letter of Intent for each grant application by (1) filling out the following PDF form and (2) emailing the completed form to � �� no later than 4:00 p.m. Eastern Standard Time on April 25 2022. ............................................................................................................................................�...................................�................................, > > > Letters of Intent are optional but strongly encouraged so that the Federal Highway Administration(FHWA) review panels, comprised of relevant subj ect matter experts, may be organized in advance of receipt of final proposals. Instructions Please fill out the information below and email a completed form to,�,�,,,,,,,,,,,��,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�, � �, �� by 4:00 p.m., Eastern Standard Time, on Apri125, 2022. Please submit your responses directly in the PDF form and do not include attachments with your completed form. If you are intending to apply for more than one NSBP grant, you must submit a separate Letter of Intent for each grant. After a Letter of Intent is submitted, you may change the goal or proj ect type of the proj ect being applied for and describe the change in the final application. If you have any questions, please contact: �� For more information, visit: �� // ��:_ �.� �� /� /�� .�� / 1 Proiect Information 1. Identify the State government or Indian Tribe applying for funding: Commonwealth of Massachusetts 2. Name and contact information for the application point of contact: Chris Klem, Regional Planning Coordinator/Scenic Byways Coordinator MassDOT, Office of Transportation Planning 10 Park Plaza, Suite #4150, Boston, MA 02116 email: christopher.j.klem a�dot.state.ma.us Nancy Nelson, Chair Battle Road Scenic Byway Committee Pmail• nan�v nPl�nn�1 nr�mail rnm 3. Any cooperating or partner entities involved in or likely to be involved in the funding and/or implementation of the proj ect: The Battle Road Scenic Byway, The Towns of Arlington, Lexington, Lincoln, and Concord, Minute Man National Historical Park, MassDOT, MAPC, Boston M PO, Freedom's Way National Heritage Area 4. Name of the byway impacted by the proposed proj ect: The Battle Road Scenic Byway 5. Designation type of the byway impacted by the proposed proj ect (e.g., National Scenic Byway, All-American Road, State scenic byway, or Indian Tribe scenic byway): All-American Road, Massachusetts Scenic Byway (dual designation) 2 6. Name/title of proposed proj ect: "The Battle Road Scenic Byway: Improving Safety, Access and Resource Stewardship for the 250th Anniversary of the American Revolution" 7. Provide an abstract (250 maximum word count) summarizing work that would be completed under the proposed proj ect. The abstract must succinctly describe how this specific request for NSBP funding would be used to complete the proposed proj ect. The Byway follows the path of British soldiers on April 19, 1775 during the opening battles of the American Revolution. Increased visitation is expected in 2025 - the 250th anniversary of those events. The project implements key recommendations of the Byway's Corridor Management Plan by improving safety and mobility, increasing resource stewardship and maintenance, and developing signage and a smartphone app to enrich visitor experience. The project will: " Identify, design and develop connections to safely and appropriately connect the Byway with adjacent roads and paths. " Evaluate existing speed limits along the Byway using DOT guidelines and context sensitive design principles. Identify target speeds and develop appropriate treatments for signage, traffic calming and speed reduction to improve safety, access, resource protection and visitor experience throughout the Byway. " Improve historic landscape features and views along or adjacent to the Byway including repair of overgrown or damaged stone walls and wood fencing, and landscape rehabilitation. " Design and install interpretive elements, distinctive markers, and directional signage for the Byway's numerous historic sites. " Develop a smartphone app for navigating and informing visitors about the Byway's diverse themes, sites, and resources. 8. Identify the goal under which the proposed proj ect aligns with: (1) S afety (2) Equity and Accessibility (3) Economic Strength (4) Climate and Sustainability (1) Safety - 3 9. Identify the primary proj ect type under which the proposed proj ect aligns with: (1) An activity related to the planning, design, or development of a State or Indian Tribe scenic byway program. (2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities. (3) Safety improvements to a State scenic byway, Indian Tribe scenic byway, National Scenic Byway, All-American Road (collectively America's Byways0) to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byWay, Indian Tribe scenic byway, National Scenic Byway, or All-American Road. (4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility. (5) An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation. (6) Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adj acent to a scenic byway. (7) Development and provision of tourist information to the public, including interpretive information about a scenic byway. (8) Development and implementation of a scenic byway marketing program. (2) Development and implementation of a corridor management plan to mainta - 10. If applicable, the additional proj ect types identified: #4, #5, #6, #7 4 693JJ322NF00008 Page 1 of 2 ' O enin Date: March 16 2022 p g � �Vebinar: March 31 2022 � Letter of Intent Due: A lication Due: Ma 16 2022 pp Y � 693JJ322NF00008 Page 2 of 2 The purpose of this Amendment is to: 1. On the title page of Notice of Funding Opportunity (NOFO) 693JJ322NF00008, change the date due for Letters of Intent from Apri14, 2022 to April 11, 2022. 2. On NOFO page 19, reformat (c) Policy Considerations, to better identify policy consideration #2 and to renumber the following policy considerations as follows: (c) Policy Considerations. The FHWA will give priority consideration to applications that address one or more of the following priorities: 1. The maj ority of the proj ect's costs will be spent within (or on the boundary of� a Census-designated rural area. For purposes of this notice, a proj ect is designated as urban if it is located within (or on the boundary o� a Census-designated urbanized area that had a population greater than 50,000 in the 2010 Census. If a project is located outside a Census- designated urbanized area with a population less than 50,000, it is designated as a rural proj ect. A proj ect located in both an urban and a rural area will be designated as urban if the maj ority of the proj ect's costs will be spent within (or on the boundary o� a Census-designated urbanized area. Conversely, a proj ect located in both an urban area and a rural area will be designated as rural if the maj ority of the proj ect's costs will be spent within (or on the boundary o� a Census-designated rural area. If the maj ority of proj ect costs will be located within (or on the boundary of� a Census-designated rural area, the application should include a cost breakdown specific to geographic location to demonstrate that more than 50 percent of funds will be spent within or on the boundary of a rural area. 2. At least part of the proj ect falls within an economically distressed community per the U.S. Economic Development Administration. FHWA encourages the use of the following tool to verify: http://www.statsamerica.or,�/distress/distress.aspx; however, additional evidence can be provided for verification. If applicable, in the application discuss what part(s) of the byway are located in distressed communities. 3. The total cost of the proj ect is $500,000 or larger. 4. Applicant has identified cost sharing and leveraging of non-Federal funds beyond the required 20 percent non-Federal match. No other changes to the NOFO. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Battle Green Use Request - Lexington Historical Society PRE E TER• ITEM S N . NUMBER: S elect Board Chair I.7 S UMMARY: T he L exingto n H is to ric al S o c iety has reque s ted p ermis s io n to us e the B attle G re en o n S aturd ay, June 4, 2022 from 12:OOpm to 3:30pm for the purpo s e o f Living History Day with l Oth Regiment o f F oot. The group would like to marc h the p erimeter o f the G re en(o n the gras s) at the to p o f eac h ho ur(12:OOp m; 1:OOp m; 2:OOp m; 3:OOp m), fo llo wed b y a mus ket firing d emo ns tratio n at the midp o int o f the G re en. E ac h p arad e will las t approximately 15 minutes. T his is p art o f a larger event tentatively titled "T he R edc o ats Are C o ming!" with the vario us c o mp anie s o f the l Oth R egiment o f F o o t c o nduc ting no n-firing marc hing drills at Munro e Tavern, Buc kman Tavern, and Emery P ark. T he P o lic e D ep artment, D ep artment o f P ub lic Wo rks, F ire D ep artment and the To wn Manager's O ffic e have no o b j ec tio ns to this reque s t. T he To wn Manager's O ffic e is p ermitting the larger event and will b e is s uing the permit by midweek. Sarah McDonough, Programs Manager for the Lexington Historical Society, and Justin Murray, Grenadier Company S erjeant as well as event organizer, will be in attendance at the meeting to answer any questions. SUGGESTED MOTION: Mo ve to ap p ro ve the reque s t o f the L exingto n H is to ric al S o c iety to us e the B attle G re en o n S aturd ay, June 4, 2022 from 12:OOpm to 3:30pm for the purpose of Living History Day with lOth Regiment of Foot(as part of a larger event tentatively titled "T he R edc o ats Are C o ming!")to marc h the p erimeter o f the G reen at the to p o f eac h ho ur fo llo wed b y a mus ket firing d emo ns tratio n at the midway p o int. FOLLOW-UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:SOpm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Review and Approve Response to Liquor License Compliance Check V'iolation PRE E TER• ITEM S N . NUMBER: S elect Board Chair I.8 S UMMARY: O n Ap ril 19, 2 022 and Ap ril 2 6, 2022 the L exingto n P o lic e D ep artment c o nduc ted alc o ho 1 c o mp lianc e c hec ks o n a to tal o f 15 e s tab lis hments. T he p urp o s e o f the c o mp lianc e c hec ks is to ens ure that e s tab lis hments who ho ld liquo r lic ens e s o b ey the laws p ertaining to the s ale o f alc o ho l. O n Ap ri12 6, 2022, Up p er C rus t was fo und in vio latio n during the c o mp lianc e c hec k. Attached is a copy of the Board of S electmen Regulation regarding Alcoholic Beverages Enforcement. In ac c o rd anc e with this regulatio n, a written warning will b e s ent to T he Up p er C rus t info rming them o f the actions that need to be taken in regards to the liquor license violation found as a result of the April 26, 2022 c o mp lianc e c hec k c o nduc ted b y the L exingto n P o lic e D ep artment. T he B o ard is b eing as ked to ap p ro ve the letter to b e s ent to T he Up p er C rus t. SUGGESTED MOTION: Mo ve to ap p ro ve and autho rize the S elec t B o ard C hair to s ign the letter to b e s ent to T he Up p er C rus t, 41 Waltham S tre et, info rming o f the ac tio ns to b e taken in regard s to the liquo r lic ens e vio latio n fo und as a re s ult o f the Ap ril 2 6, 2022 c o mp lianc e c hec k c o nduc ted b y the L exingto n P o lic e D ep artment. FOLLOW-UP: S elec t B o ard o ffic e DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 7:SSpm ATTACHMENTS: Description Type � �.��,,c��"�.��°��,��;.��,��;�� ;�c�� ,��°�� ,��°fi��,�.��;��°,,,,,w..�"��;�:...J��:��,��"��,.��; ��.�� I[��i��,� BOARD OF SELECTMEN REGULATION AL COHOLI C BE VERA GES'—ENFOR CEMENT Date Approved by BOS: Signature of Chair: March 15, 2010 �. L��,e{z I. PURPOSE AND SCOPE The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency for compliance with ABCC, and town regulations governing alcohol. The Police Department also conducts compliance checks on all establishments that hold alcohol beverage licenses. The purpose of enforcement is not punitive, but for education and to ensure these regulations are consistently followed and applied. It is in the community's best interest for all to understand the benefits of complying with the laws governing alcohol. II. APPLICATION 1. The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, or illegality takes place in or on a licensed premises. 2. Violations may include, but not be limited to, service to an underage person, sale or delivery to intoxicated persons, use of narcotics on the premises, gambling, failure to meet any of the terms of the regulations of the Board of Selectmen. 3. Periodically, the police conduct stings and checks at licensed locations for compliance. �1Vhen checks take place, the police shall use the guidelines from the ABCC for compliance checks. 4. The following course of action will be taken upon violations occurring within 3 years: 1 St offense—written warning placed in the licensing file and required training for personnel involved; 2nd offense—hearing before the Board of Selectmen to determine action including suspension and revocation of license. Circumstances may necessitate more serious consequences on any violations. 5. Violations of other rules and regulations will be brought to the attention of the Board of Selectmen who shall determine whether or not a hearing is necessary. In most cases, a hearing will be held to determine what, if any, action should be taken. 6. All violations and complaints received about licensed establishments shall be in writing and placed in the file of the licensee. 7. At the time of license renewal and/or changes to the license, the Board of Selectmen will be made aware of any violations or complaints in the last three years and may use that as a basis for action on the license renewal or change. 8. Upon notice of violations or complaints, the license holder shall provide to the Board of Selectmen evidence of steps taken to address the violation or of mitigating circumstances. Failure to respond could result in revocation or suspension of liquor license. Information provided to the Board shall be placed in the licensee's file and may be considered as a basis for action on the license renewal or change. 9. The license holder has the right to appeal any decision of the Board of Selectmen within five (5) days of the decision to ABCC. III. BACKGROUND When violations occur to the rules and regulations regarding alcohol license, it is the Board of Selectmen who is ultimately responsible for enforcing the regulations in conjunction with the Police Department. This enforcement policy is intended to provide guidance to all licensees of their obligations and the consequences for not following applicable laws and regulations. IV. REFERENCE Adopted by the Board of Selectmen October 4, 2004. This regulation was amended by the Board of Selectmen on March 15, 2010. MGL Chapter 138 ABCC Guide to Liquor Laws of the Commonwealth ,��, �" _... °� � ��, �� , � �", �� 1� �J�� 9 � �' ��° � ...� � Ir f� � �� o :�� 1� Dt ��xtl��tfll�, �.��u��tt� o � � � �; ��, �,� �.��;.,, G �9Y�� , ! �� "W� SELECT BOARD ��; ��,� JILL I.HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 May 9, 2022 Rami Khatatba Upper Crust 41 Waltham Street Lexington, MA 02421 Dear Mr. Khatatba: On Tuesday,April 26, 2022 Alcohol Compliance Checks were conducted on establishments in Lexington that serve alcoholic beverages. Officers advised you of the incident that occurred at the Upper Crust and that there would be a follow up from the Select Board to the incident. Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement Regulation. The following course of action Will be taken upon violations occurring within 3 years: 1 St offense—written warning placed in the licensing file and required training for personnel; 2nd offense—hearing before the Select Board to determine action, including suspension and revocation of license. Extenuating circumstances may necessitate more serious consequences on any violations. For your lst offense you must have all bartenders and managers as well as personnel involved in the violation trained/retrained using a recognized alcohol awareness training organization such as TIPS or SafeServe. You must provide the Select Board Office,by June 30,2022, a list of all the bartenders and managers and those trained along with a copy of the new training certificate(s) for each. If there is a second violation of any kind,Upper Crust will be required to have a hearing before the Select Board to discuss the consequences. The Lexington Select Board and Police Department share With you, as business owners/manager and members of the Lexington community, the common goal of consistent responsible sales of alcohol. Very truly yours, Jill I. Hai Chair JIH/kk cc: Detective Hankins ABCC 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectboard@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Discuss Hosmer House Request for Proposal (RFP) Submission PRE E TER• ITEM S N . NUMBER: Jim Malloy, Town Manager I.9 S UMMARY: The Town opened the one bid from the RFP issued to move the Hosmer House offsite, which came from John C arro ll and prop o s es to move the hous e to a prop erty lo c ated on Waltham S treet adjac ent to Route 2 and for the house to be renovated with a 800 square foot(s.f.) addition. The house is currently 1400 square feet (700 s.f. fo o tp rint whic h will b e exp and ed to 1100 s.f.). T he s ize o f the reno vated s truc ture wo uld b e a 2200 s.f. residential structure. The location and conc ept has b een forwarded to both the HDC and the HC. The proc es s invo lved would b e for the Zoning Board o f App eals (ZBA)to grant a S p ecial P ermit(with HC recommendation) and for the P lanning Board to approve the subdivision of land and frontage and for the HDC to approve moving the house out of the Historic District. We have ind ic ated to the p ro p o s er that they will ne ed to p ro vid e elevatio ns fo r the final ap p ro val and fo r the HDC to approve. A clear indication from the S elect Board whether you will approve the location will be key to keeping this proc es s moving forward. If the S elect Board do es not approve o f the location, then this propo sal will come back b efore the Board to b e denied. Attac hed are the draft s ite p lan and a map fro m the To wn's G I S that s ho ws the lo c atio n o f the p ro p erty in a wid er view. SUGGESTED MOTION: No formal vote is required but a consensus on whether the location is agreeable or not would be very helpful at this stage. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 B:OOpm ATTACHMENTS: Description Type � ��.�� "�:��M �� ]�� C��:��` �M��:� �"��M IC�,��.� � �...:�c��r��..::�:��1;�� l �� :..:��:„��..::��.��.�a;��:��c��"� �� n�� w U Z �a �z �o w� � w O�� W N��j Q�Z ~ S��L` (U p WO � �O O w Z� _ � CC�'N � awwJ w w O � a Z H Q � Q � p (nQ�� ` i� J H(7 �W � _��Z j � i�� N � Z ��' Q ~OIn� � �� n/ � C Z�W a¢ m QUp� (� ^ �� O � � �� J W J =Q-O Z � M Y�w �� z ~Zav � O �Q J �� (n Q� v E a�� Z r-�� a Q J Q W Z o°�� (n=� �U J w��L�w Q W �w �o Q ��ww � � � a � LL� U`Q� W �_ a Q � � � ��Q � � II Z�`z Z o w 3 z c� �tn z 0� �f�'�(n C,) a��2 W a3,,u', a� o r�Qo= � z(�~H� �M�� } J L O p Q mo� o> c� ma�nwQ `'� w Z�Q d W� J O Q W � � : � a �,� �� o z w �zwo� � w LL1 � C n �J m�? 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" ;:�",. . . , LL:. ..� . . �� .� , , �, ...�,�� ,,.-�`' �... � �� . � � . ' '..-:� � , ..�,..._.--��"`'..'! " � �, P . � ,�, , c� , .. � ' � a�.� � �'`,.� �- � t ._ � � t ; � .. . " +�► � .�" , 4y , ---- � Oi cn ..._.__.- _ ...� � _ _.._._�M�_ � .`�" w..... ��. ..._ a� . � U► ..� �._.- _ - � �J �,�,:..._ �..4..__ . � tCf �' G� " _ �+ ,�p tl� ccS �, �k = � � � c � � o � c� � _ c R'� � M� � � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Discuss Select Board In Person Meetings PRE E TER• ITEM S N . NUMBER: Board Discussion I.10 S UMMARY: This is the first of a two-part conversation to discuss the timing of our return to in-person public meetings. This evening's discussion is purely about full in-person meetings and resuming pre-pandemic process (including Le�Vledia streaming and taping). At our next meeting, we will be joined by IT and Le�Vledia staff to discuss technology requirements and hybrid options. Some information to consider during the discussion on resuming in-person meetings: Meetin S ace • continuing to use the Select Board Meeting Room, but adding portable HEPA filters (and/or open windows) • use of Battin Hall or Estabrook Hall in Cary Memorial Building to provide adequate spacing between Board M emb ers How Other Communities Are Meetin� • Williamstown- S B and most boards in person • S wamp scott- in-p erson/hybrid S B and mo st committees (public allowed in p erson) • C o has s et-mo s tly remo te; S C in p ers o n With dis tanc ed s eating • S o uthb o ro ugh- S B hyb rid; o thers remo te awaiting ad d itio nal tec h to allo w all me eting ro o ms to ho s t hybrid (public allowed in person) • Adams - in-person; out-of-town presenters remote • Wareham-mo s t hyb rid o r remo te (p ub lic allo wed in p ers o n) • Lincoln-testing hybrid later this month • Milto n-mo ving b ac k to in-p ers o n this week(week o f 5/2-5/6) • Bedford -hybrid starting this week • Weston- still remote no hybrid • Arlington- hybrid, but no public • Westwood- remote... they were planning to go to hybrid, but their C O VI D numbers had a dramatic increase • Burlington- in-person, but hybrid for the public and presenters • Wayland- in-person with a hybrid option; public allowed in person or Zoom • Needham- has been in person since June 2021, they allow remote participation • S outh H adley-remote SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/9/2022 8:15pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Discuss Select Board Liaison Assignments & Responsibilities PRE E TER• ITEM S N . NUMBER: Board Discussion I.11 S UMMARY: It s eems timely, b efore we re-do our liais on as s ignments, to dis cus s what we exp ect in the ro le, the pro c es s we us e for as signing, and the ro les and responsib ilities o f liaisons. This is the first o f a two-part dis cus sion, focused on the process. In particular: • W hat means o f as s ignment do we want to us e this year? • S ho uld we require p erio dic ro tatio n o f liais o ns to ens ure all memb ers are exp o s ed to all c o mmittee s? • I f s o, what p erio d is the maximum length? T here is no S elec t B o ard p o lic y go verning liais o n ro le s c urrently. A p o lic y was p ro p o s ed in 2 017, b ut no t adopted. An updated draft is attached for Board discussion and review; follow up discussion or adoption to b e s cheduled at a sub s equent meeting. SUGGESTED MOTION: No motion at this time. 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a� � a� a� a� � a� � 0 � U �, � � a1 � � �O �O � tn � Z � � c./) � � � � � � � � � a - � � a�o � �o �o a� s N .N O � _ � V O O .N U = � � _ � � O � O � 0 � � � � O O � � � � t�1p 1 � � � .N .� � .� _ _ � N _ _ p� c� ca c� N .� � � � O � � � O O � � � � � � O � N N N � � +� +� +-+ � N � � � N N � i � � � � � � i � � � v U U � � � � c6 O � � O O � � O � � O c6 m m a""� m _ J �--+ �--' J J _ a""' Cn (� a""' m � � � � .� b4 � � b4 bA .� � �C �C � � �� N �� 0 N N � 0 N c6 ca N �� O � � � O O � � � O � � O � rl N rl N � M M N N N rl rl N rl N N � L N � � � � � � � � � � � � p � O O o O o o O O o o O �, � � � � � � � � � � � � �' �� J J J J J J J J J J J � V O s � ca � " � � � � � � � '-' �' O O � � � � N � � � X v J o U � .� m � U � � � � � � � a-_' � O `� � .N � � � � � o � a� � � � � a� � � � o � c°� J � o � � a� + o � U � � � � w .� U � o � U � p � � � ' � � � � � w � � � � p � � � c.°� � °� •x � �' ° o Q � � '� � �p � � +� (> � �, _ cn � � � J ca � ca �, p �, •X — � � � � � � � � O �, J � � � _ � � U � Q � � i � � _ � O �� m � � � U � � O � U �n U v � � +�-+ � •� � � � � O � O � � � � O O O � � •`� � O � c/� c/� c� � � � � � � � � � Select Board's Liaisons Guidelines— DRAFT—5/5/22 Select Board members serve as official and unofficial liaisons to a considerable number of boards, committees, task forces, special project efforts, ad-hoc groups, commissions, and more. As the number of boards and committees in town continues to grow, scheduling conflicts inevitably occur and it becomes impractical for Board members to fully cover each meeting of each committee to which they are assigned, due to conflicts as well as time constraints. Select Board liaison Minimum Guidelines: • The Select Board (SB) liaisons are appointed to serve as a conduit of information between a committee and the Select Board and, where appropriate, between the committee and Town staff. The role is to facilitate communications, help the committee problem solve, and guide the committee accordingly, when necessary. • SB Liaisons should review the agenda and prior meeting minutes of each of their committees on a regular basis (ideally before the upcoming meeting) to keep current with the activities of their assigned committees. • SB Liaisons should communicate on a regular basis with the chair of their committees to help guide them. • SB Liaisons should make an effort to occasionally attend a meeting of the relevant board or committee but are not expected to attend each meeting. Select Board Liaisons Best Practices: • Select Board Liaisons should regularly connect with committee chairs of those groups to which they liaise to ascertain if the board or committee has any needs, questions, or hot button issues with which they need the Select Board's special attention orassistance, or of which the Select Board should be aware. • On an annual basis, Select Board Liaisons should review the charge of the committee with the chair, discuss if the committee is functioning effectively, and discuss the committees work plan or upcoming objectives. If the committee charge is in need of updates or modification, and IF the committee is a SB created committee, the SB Liaison should work with the chair of the committee to develop draft recommendations and bring the revised charge back to the Select Board for approval. If the committee is a by- law committee or Manager's committee, then further discussions should occur with the appropriate body, to determine if and how to update/modify the charge to streamline com m ittee's f u nction i ng. • Prior to SB Goal setting, it would be valuable for the SB Liaison to connect with the committee chairs to which they liaise to gain insight that might help the Select Board in bringing forth priorities of the various committees. • If a board or committee is proposing an article to a Town Meeting session, the SB liaison should work with the chair to ensure the committee is aware and able to provide materials in a thorough and timely fashion and with due notice to appropriate entities (SB, Planning Board, etc.). Select Board Projects Jill: • Chair • Special Permit Residential By Law Amendment Committee (chair) • Strategic Equity Access Team (SEAT) • Cary Library Trustees Nominating Committee �oe: • Hybrid Town Meeting (general meetings and Town Meeting in particular) • Police policy(formation of"Collaboration Reform"group combining staff, Commission on Disabilities, Human Rights participants) • Waste Reduction (member of Town Manager's working group) • Financial Policy Working Group • School Facilities Master Plan • Executive Boa rd Li bra ry Trustees Suzie: • Board &Committee Review • Small Business Group (w/Town Manager, Doug) • 250th: o Acting Chair of Semiquincentennial Commission o Multi-Town Committee Member o State Commission Member • Executive Boa rd Li bra ry Trustees Cha i r • Town Manager Working Group Article 97 Land-LHS/Center Rec Doug: • Hybrid Meeting Technology(with Joe Pato) • LexSeeHer Monument Select Board Point Person • National Grid Pilot Project on GeoBlock Working Group (with Mark Sandeen) • LHS Land Use Working Group-Article 97 (with Suzie Barry) • Stone Building ad hoc committee Mark: • Affordable Housing Trust Study Ad Hoc Committee • National Grid Pilot Project on GeoBlock Working Group • School Facilities Master Plan • Eversource Microgrid Working Group