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HomeMy WebLinkAbout2021-03-15 SB Work Session Packet - Released SELECT BOARD MEETING Monday, March 15, 2021 Conducted by Remote Participation* 7:45 PM AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Select Board Work Session- 2021 Annual Town Meeting Article 7:45pm Discussion/Positions/Select Board Report ADJOURN 1. Anticipated Adjournment 8:45pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92170889463?pwd=bF RKS 2piS F B 6ckxVU 1 dkd 1 oycIBYZz09 Whone one-tap: +13017158592„921708894639 or+13126266799„92170889463# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID:921 7088 9463 Passcode: 925411 The next regularly scheduled meeting of the Select Board will be held by remote participation on Monday, March 22, 2021 at 6:00pm. Hearing Assistance Devices Available on Request Lege-la All agenda time and the oiler of items are approximate and subject to change. Recorded by LeNedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Work Session- 2021 Annual Town Meeting Article Discussion/Positions/Select Board Report PRESENTER: ITEM NUMBER: Board Discussion I.1 SUMMARY: Board discussion- 2021 Annual Town Meeting Articles/ Select Board Positions/working draft of the Select Board Report SUGGESTED MOTION: Move to accept the consent agenda articles 37, 40, 42, 43 as requested by the planning board. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/15/2021 7:45pm ATTACHMENTS: Description Type 2021AI'M Posy tions Chart (Am"rTViauxr) 202,1 A I'M Draft Cbn serut Cagemdan list lllxknps Ma lenaxl Revised raacrtnnrn"ifr lltara kup>Manflurkil Working illaaft 0?,I A I'M Sala°4,t Boti ird R2,p ort B ckupr Ma lenaal 2021 AI'M Waanannrt llSaackupr Mante6aal A tna,k4 22,23 Cii paarup Response a°rnailto p'own Manager ll::ltckupr Mat,rkil a A a E 0 o v a a a a a a a a A, w � z H wH � H O 'Ca � 3 tc 16 If, 00 WH o a � M v � Hz g N � o y O N � O H w o o R. cc �" y sy. y O O y U y w In V1 0.r p O rq p ,� y C� W N u El14 v H on Q G° w (� c° an o a, ^y-� y O N •� �" O O O O O •� O ^ ^ ^ ^ O � Z w 0 d •v d� d d d d w d'O d z � z o � k N M Fz W) 00 Q N y b� c � c C0 cz U � a WOa � d U W � C� E� N 0 N r, 0 aI d -a aq > a C_j O P y W p cz �z o O7zU a. ,czct , cz O O O r�wj d d d d d z z N y b� A c z o", a, a a, a a a a a a o., a U "�,., o•. a, Ua, a vi �4 a � AA U W � C� E� N � o .y r7 � ° W U Y ° I -o d Y y 3 �' N o d N w U tL q o o cn °o y d U aoth ° y ° " ° o tc y CA v� a, TA cz o w � Y � � � o > � �, � � o a z z 00 Q1 C N y � � � � 3 �• �• � 3 � 3 3 3 � 3 3 3 3 3 3 3 c a a a a 0 oza a a s a a a 0 WNW N N N N NN N H � N 1 o Y to � Q O y ¢ d N o � o c cj ci d C v a •o O °�' o O ° r4 vicz Z ° � � cC U N N <.) N N O O O O O O Off" t > ° v v v v v N N N N N N N 3 ° d o o o ' -o -o u o -o -o -a a o o d a w c4 U d w v d d d d d a d d d d d d d d d [ z l I� oc e� O\ O ,-� N M Vl N 2021 Annual Town Meeting Consent Agenda Articles Board of Selectmen Article 6: Senior Services Program Article 10a: Community Center Mansion Sidewalk and Patio Article 1 Ob: Park and Playground Improvements Article 1 Oc: Park Improvements- Athletic fields Article 1 Od: Playground Enhancements-Pour-n-Place Surfaces Article 10e: CPA Debt Services Article 11: Recreation Capital Article 12a: Transportation Mitigation Article 12b: Self-Contained Breathing Apparatus Replacement Article 12c: Townwide Culvert Replacement Article 12d: Equipment Replacement Article 12e: Sidewalk Improvements Article 12f Storm Drainage Improvement/NPDES Compliance Article 12g: Comprehensive Watershed Stormwater Management Article 12h: Street Improvements Article 12i: Hydrant Replacement Program Article 12m Cary Library Network upgrade Article 13: Water System Improvements Article 14: Wastewater Improvements Article 15: Appropriate for School Capital Projects and Equipment Article 16a: Public Facilities Bid Documents 3/11/2021 Article 16b: Facility and Site improvements-Building Flooring program and School Paving Program Article 16c: Public Facilities Mechanical/Electrical System Replacements Article 16d: Municipal Building Envelopes and Associated Systems Article 16e Townwide Roofing Program Article 16£ School Building Envelopes and Associated Systems Article 16i HVAC Improvements (IP) Article 18: Rescind Prior Borrowing Authorizations Article 20: Unpaid bills (IP) Article 22: Appropriate for Authorized Capital Improvements (IP) Article 23 Appropriate from Debt Service Stabilization Fund Article 25: Amend Borrowing Authorization Conservation Land Acquisition Article 28: Reducing noise Landscaping equipment Article 27: Increase in Recreation Committee Membership Add if IP'd 24-Feasibility study Potential after SB votes 37: Amend General Bylaws- Stormwater Management(Chapter 114) 38: Amend General Bylaws- Trees(Chapter 120) (IP) 40: Amend Zoning Bylaw-Retaining Walls (IP) 42: Amend Zoning Bylaw-Floodplain Management 43: Amend Zoning Bylaw- Technical Corrections (IP) 3/11/2021 Town of Lexington Motion 2021 Annual Town Meeting ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION) MOTION: That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below to establish a surcharge on specific commercial development activities for the purpose of funding the creation of community housing that offsets the impact of said development activities in substantially the form below,and farther that the Select Board be authorized to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of this motion. Be it enacted by the Senate and House of Representative in General Court assembled,and by the authority of the same,as follows: SECTION 1:In order to mitigate the impact of the increased demand for housing generated by employees of new commercial development wanting to live within Lexington,a commercial lird age fee,hereafter referred to as"the community housing surcharge"or"the surcharge,"shall be added by the Town of Lexington to all commercial construction building permits issued by said town for non-municipal structures with a gross floor area more than thirty thousand(30,000)square feet. The surcharge shall apply only to the floor area of new construction or modification to existing structures in excess of thirty thousand(30,000)square feet("excess gross floor area"). For building permits that authorize modification of existing structures,the building commissioner of the Town of Lexington shall determine the applicable excess gross floor area. If the building permit authorizes both commercial and residential uses,the square footage of the structure dedicated to residential use shall not be included in the calculation of excess gross floor area for purposes of this Act. SECTION 2:The Select Board of the Town of Lexington shall determine the amount of the community housing surcharge,which shall be applied on a dollars-per-square-foot basison the certified total excess gross floor area of the structure or structures permitted by an applicable building permit.The Select Board shall prepare a study to determine the initial surcharue rate range and shall set an jnitial surcharge rate Deleted:set the within welve(k2)months of the effective date of this act. The Select Board o uu dk u_v u shall adjust - Deleted:three the rate of the surcharge rmuu�itnllV�i,for inflation Deleted:a g _______ ______ SECTION 3:The Town Manager of the Town of Lexington or their designee shall prepare a study,every Deleted:,and five(5)years to determine the suitability,effect,and amount of the surcharge,and recommend to the Deleted: annually Select Board any possible changes necessary to address changing demand for community housing.The Town Manager or their designee shall also prepare and issue an annual report that identifies surcharge receipts,quantifies the attributes of community housing projects funded by the community housing surcharge,and evaluates the impact of said housing projects. SECTION 4:The Select Board of the Town of Lexington may adopt additional requirements,exemptions, and regulations to implement or enforce said community housing surcharge,consistent with this act. SECTION 5.The community housing surcharge required by this act must be paid in three(3)equal installments whose amounts shall be determined at the time of levy,with one payment required per annum. The building cormmissioner of the Town of Lexington shall not issue a certificate of occupancy 1 Town of Lexington Motion 2021 Annual Town Meeting for real property subject to this act before the first installment of the community housing surcharge has been paid. The second and thud installments must be paid annually on the anniversary of the first payment,or the next business day if that date falls on a weekend or federal,state,or local holiday. The building commissioner of the Town of Lexington shall levy fines for development that is not in compliance with the provisions of this act,and shall consider each day of noncompliance as a separate offense. SECTION 6:All surcharges and fines received pursuant to this act shall be deposited into the Town of Lexington Affordable Housing Capital Stabilization Fund or an affordable housing trust established by the Town pursuant to section 55C of chapter 44 of the General Laws or any special act. SECTION 7:For the purposes of this act,"community housing"shall mean as defined under section 2 of chapter 44B of the General Laws. SECTION 8:This act shall take effect upon its passage. (Revised 03/15/2021) 2 Message from the Select Board March 2021 The Select Board has prepared this written report to Annual Town Meeting 2021 under Article 2. This report contains an update to Town Meeting on the status of several topics the Board felt would be of interest to Town Meeting Members. These topics include: A COVID-19 update, an overview of Fiscal issues raised this past year, how the Board is moving forward with Social Racial Equity Initiatives, the current status of the Center Streetscape Project, an update on Municipal and School Building Projects, an update on Article 42-Special Permit Residential Development zoning that was referred back to the Board at Annual Town Meeting 2018, status of recent actions at Town Meeting regarding Home Rule Petitions and the progress on the Semiquincentennial Celebration of the Battle of Lexington coming in 2025. Should you have any questions or comments regarding this report, the Board encourages you to get in touch with any member of the Board via email (below) or by calling the Select Board Office (781-698-4580) to schedule a phone meeting. Due to the restrictions surrounding COIVD-19 all five members of the Board have suspended there in person regularly scheduled office hours in the Select Board Office at Town Office Building. • Doug Lucente, Chair: 1 cente@lexirn.gtonmm . • Jill Hai,Vice-Chair: i:hai@Iexfington a. ov • Joe Pato:jpato@lexingtonm. • Suzie Barry: sbarr @lexin tonir�na4gov • Mark Sandeen: . .san.deen@l.exin pton.ma.gov Respectfully submitted, Lexington Select Board Douglas M. Lucente, Chair Jill I. Hai, Vice-Chair Joseph N. Pato Suzanne E. Barry Mark D. Sandeen Year of Unprecedented Challenges Between a global pandemic, economic crisis, and emphatic calls to address systemic racism, this past year was a year of unprecedented challenges for the Town of Lexington and the Select Board. In March 2020, business as usual changed quickly. The Board's focus quickly shifted to responding to the pandemic. The State of Emergency in the Commonwealth due to the outbreak of COVID-19 forced changes to all municipal business practices. The Select Board, in conjunction with the Town Moderator,pushed back the date for the March 2020 Annual Town Meeting while alternatives were contemplated on how to proceed. All public meetings were transitioned to a virtual format accessible by the public using the application Zoom so the Town could continue to operate our municipality while adhering to social distancing guidelines. In an effort to help struggling residents, the Board voted to extend second quarter property tax due dates. Since March of 2020,all in person Town events have been canceled and many events moved to an online virtual platform. In June of 2020 we were able to successfully hold the first virtual Annual Town Meeting in the Commonwealth due to the efforts of the Town Moderator Deborah Brown,Town Counsel Mina Makarious,Select Board Chair Doug Lucente,Select Board Member Joe Pato,Town Manager Jim Malloy, Deputy Town Manager Kelly Axtell, Management Fellow Kat Labrecque, Lexington's State Representative Michelle Ciccolo, Town Clerk Nadie Rice and many members of the municipal staff. Following on that success we held a virtual Special Town Meeting in October/November 2020 as well enabling Town government to continue functioning on a close to pre-pandemic timeline. This past year has been quite different in terms of look and feel and the challenges have been great and we are grateful to the entire municipal staff for continuing to adjust to deliver quality and creative services across the board to our residents. We would be remiss if we didn't make special mention of the tireless work of the front line staff involved in COVID-19 related efforts and also acknowledge the over 1000 residents that have been diagnosed with COVID-19 including the XX residents that have died from it; may their memory being a blessing to those they left behind and may we as a community continue to work together to address the challenges of the pandemic. Social Racial Equity Initiatives Diversifying the municipal staff remains a High Priority Goal for the Select Board. In fiscal year 2021 we have taken the following steps toward furthering that goal: • Engaged Carmen Ortiz and Town Counsel services to review our police department policies and practices for bias or discriminatory impacts. The review included broad interviews with community stakeholders. Recommendations on opportunities and challenges is expected this month. Further work will include additional departments and policies. • Engaged All Aces, Inc. to serve as our Diversity, Inclusion, and Equity Transformation (DIET) partner. All Aces, Inc. is working with the Town to conduct a comprehensive assessment,strategic workshops for community members,professional staff training and create an action plan for long term change. • Add a position of Chief Equity Officer beginning with the FY22 budget • Created a centralized resource page on the town website for our equity related work and links. tt sa...../.... x gtonma.govlj jj.- m/p s towarcd-ea�uitab:�e-a.nd- just_comun�unnt • Joined both the Government Alliance on Race and Equity (GARE) and the National League of Cities (NLC) in order to take advantage of their collective Racial Equity resources. • Applied for the Metropolitan Area Planning Council (MAPC) Racial Equity Municipal Action Plan (REMAP) Program grant. • Added a standing Racial and Social Equity update item to every regular meeting agenda. • Held a panel discussion on policing, moderated by a Diversity, Equity and Inclusion consultant from Equity and Expectations in September. The virtual event was attended by over 200 residents and was broadcast live on LexMedia. There were over 80 questions received and answered on the topic. The questions and answers are published on the Town website. The Police Department has also prepared a series of videos on the current police services offered to residents. The series of videos are also published on the Town website. The Town remains committed to doing everything we can to make Lexington a more just and equitable community for all. Article 42 ATM 2018-Special Permit Residential Development (SPRD) Referral to the Select Board ATM 2018 referred Article 42, a citizen's article to revise the Special Permit Residential Development(SPRD) Bylaw,back to the Select Board for further evaluation and work.The Board allocated funds in its FY19 budget to cover the costs of a facilitator for the SPRD committee and a consultant to draft any bylaw or regulation revisions. These funds were originally granted through the TIF agreement with Shire,which provided contributions over 10 years,to be used at the Board's direction. The committee is charged with gathering stakeholder input,reviewing housing data and drafting a statement of values, to inform the drafting of a zoning bylaw amendment and warrant article to either revise or replace the current Special Permit Residential Development Zoning Bylaw. The full charge approved by the Select Board, as well as meeting minutes and presentations are available at: https://www.lexingtonma.gov/special-permit-residential-development-zoning- bylaw-amendment-committee-ad-hoc The appointed members of the Ad-Hoc SPRD Committee are: • Jill Hai • Charles Hornig • Scott Cooper • Matt Daggett • Heather Hartshorn • Joyce Murphy • Richard Perry • Taylor Singh • Betsey Weiss The committee meetings were filmed by LexMedia and available for viewing OnDemand. The committee presented the statement of values in a report to Fall Special Town Meeting in November 2019. The Town then engaged a consultant to work with the committee to develop a bylaw amendment. The committee was to begin meeting with the consultant at the end of March 2020, to outline the next phase of the work. Although that timeline was obviously delayed, the Committee is currently reviewing alternative zoning proposals and these presentations, as well as various draft amendments are available on the committee's webpage. It is expected that outreach to the planning board and community will begin shortly,with a goal of bringing Articles to the Fall 2021 Special Town Meeting. The Committee's proposed revisions will seek to create the necessary incentives to increase production of the housing stock Lexington desires,based on the value statement created in phase one of its work. The statement reflects an increased focus on sustainability and accessibility and reiterates the desire for increased diversity of housing stock. The statement reads as follows: Lexington seeks to encourage greater diversity of housing opportunities to meet the needs of a diverse population with respect to income, ability, accessibility needs, number of persons in a household and stage of life. Lexington seeks to fulfill this goal while preserving its cultural and historical values and promoting growth that is sustainable and sensitive to the natural environment. Lexington is mindful of supporting development that preserves historically or architecturally significant buildings and landscape. The Town recognizes that not all of these values can be applied to all sites but is committed to evaluating each site as an opportunity to contribute to serving and promoting these values Town wide. Budgetary Concerns and Stresses Lexington has continued to see healthy real-estate tax collections. As in previous economic turndowns collection rates were minimally affected and, in the past, they bounced back quickly. Property tax collections would most likely be compromised in a protracted commercial downturn where vacancy rates in commercial districts increase significantly and corresponding abatements are granted. At this point we have not seen such changes nor have we seen a reduction in new growth. This may be a factor a year or two from now should commercial or residential growth shrink. A significant commercial downturn would hit us harder than some communities with small to non-existent commercial sectors (e.g., Lexington (11.73% of value/ 20.5% of revenue), Lincoln (3.56% of value / 3.56% of revenue) and not as hard as communities with larger commercial sectors(e.g.,Woburn(27.6% of value/48.3% of revenue),Cambridge(43.3% of value / 60.8% of revenue)). Unlike some other communities the percentage of state aid for the budget(e.g.,Lawrence(70.2%), Springfield (59.9%), etc.) for Lexington (6.47%) is small. We rely primarily on local revenues rather than state aid. Of local receipts the vast majority are property taxes. We have, however, seen a decline in other local receipts (e.g., hotel/motel and meal taxes,jet fuel fees (Hanscom)). These local receipts fell by$234K or 1.4% in FY20 before much impact from the pandemic but are projected to fall about$4.7M or another 28% in FY21.For FY22 we are projecting a return to grown of about 6% or $720K but will still leave us about$4.2M below the FY19 revenue. While this has some impact,this is still a small percentage of the Towr's available revenues for FY22. This loss of local receipts for next year is somewhat offset by the fact the town cut spending on projects at the end of FY20 leaving unspent funds that flowed to our Free Cash account. This can be and is planned to be used to offset some of the shortfalls this coming year and should the pandemic ease and tourism related spending return in a few years leave us close to where we would have expected to be. Our projected state aid for next year (FY22) is essentially flat - which is better than we were expecting during early budgetary planning when we were anticipating cuts. The less rosy side of the ledger is that it is more expensive for us to operate in pandemic mode. School expense projections are based on a substantial return to in-school programs, but it is unclear that we will be able to fully return next year. Should we need to continue fully remote learning or hybrid education our costs for next year are likely to increase and will absorb any wiggle room in the budget. Update on recent Home Rule Petitions There were three home rule petition requests approved at the 2020 Annual Town Meeting or Special Town Meetings. Two of these requests have been approved by the legislature and signed by the Governor: ATM 2020: Article 7: Petition General Court to Amend Legislation Regarding Tax Deferrals • An Act Relative to Real Property Tax Deferrals in The Town of Lexington Approved,January 13, 2 02 1. Chapter 351 of the Acts of 2020 ATM 2020: Article 26: Amend Historic Districts Commission Enabling Legislation • An Act Relative to The Historic Districts Commission in The Town of Lexington Approved,January 8, 2021. Chapter 301 of the Acts of 2020 The third petition was submitted too late for consideration before the end of the legislative session in 2020.This item has been submitted for consideration in the legislative session and has received a docket number for processing: STM 2020-2: Article 6 Authorize Special Legislation Development Surcharge for Community Housing (Citizen Petition) • HD 1715 - An Act authorizing a development surcharge for community housing in the town of Lexington Filed, February 10, 2021. 2025: The 2501h Anniversary of the Battle of Lexington In anticipation of the 250th Anniversary of the Battle of Lexington in year 2025, the Select Board established the Semiquincentennial Commission (Lex250) in January 2020 as the official Town entity dedicated to helping the Town of Lexington plan events. Recruitment for membership on the Commission was delayed in calendar year 2020 due to the disruptions of COVID-19 and is currently underway with the anticipation of naming the members in the Spring of 2021. A member of the Lexington Select Board has also joined with representatives from the Towns of Concord, Lincoln, Bedford, Arlington and representatives from Minuteman National Historical Park and Hanscom Field to begin information sharing regarding events that may be planned in the Battle Road Communities in 2025. There will be ample opportunities for interested residents and groups to volunteer as part of Lex250 events, be sure to watch the Town Website, Town E- Newsletter"Link to Lexington' and local papers for updates. Center Streetscape Update The Center Streetscape project design is complete, the Invitation for Bid (IFB) has been released, and vendor selection is expected to be completed in March 2021. It is anticipated that project construction will commence sometime after Patriots Day and that the project will take approximately two construction seasons to complete. The Town has hired Environmental Partners to provide full time oversight throughout the duration of the project. The Town has planned for proactive outreach and communication throughout the project to keep residents and direct abutters informed of the construction status. This communication plan includes but is not limited to; mailings, emails, constant contact, and weekly website updates. The Battle Green Streetscape project will be brought to 100% design over the next two years with construction targeted to begin once the Center Streetscape Project is complete. The goal is to have all of the Streetscape completed by fall 2024 in anticipation of the 2025 Town Celebration. Municipal & School Buildings The Select Board and School Committee adopted the Integrated Design and Construction Policy in October 2019, for the design and construction of all town and school buildings. The policy prioritizes the health of building occupants by setting high performance standards for indoor air quality and all-electric,high efficiency,resilient designs that maximize the amount of renewable energy generated onsite,while lowering total life cycle cost. Lexington Fire Department Headquarters Construction Start Date: November 2018 Project Completion Date: October 2020 Project Budget:$19,943,700 Funding:STM 1 2017-Article 2/STM 4 2017-Article 4/ATM 2018-Article 13 The Fire Department Headquarters building construction has been completed and the department moved in to their new facility in mid-October of 2020. Visitors Center: Start Date: May 2019 Project Completion Date:July 2020 Project Budget:$5,100,000 Funding:ATM 2017-Article 18/STM 2017 3-Article 8/ATM 2018-Article 22 The new Visitors Center construction began in June of 2019 and opened to the public in July 2020. Westview Cemetery Administration Building: Start Date: Design Development is complete, Construction documents have started Estimated Project Completion Date: Spring 2022 Project Budget: $3,290,000 for construction Funding:ATM 2017-Article 12o (design)/ATM 2020-Article 16k Construction funding for the new Westview Cemetery Administration Building was approved at ATM 2020 under Article 16k. The Westview project is currently in the construction document phase and the design team expects construction to begin in April 2021. The project is expected to be completed by early 2022. Lexington Police Station Start Date: Schematic Design is complete. Construction Design paused. Estimated Project Completion Date: TBD Project Budget: Currently $1,862,622 has been appropriated thru Construction Documents Funding:ATM 2018-Article 14 The Select Board reaffirmed their decision that the new Lexington Police Station be located at 1575 Massachusetts Avenue in March of 2020. All members of the Select Board believe that the police station building needs to be replaced. However, in October 2020 and March 2021, a majority of the Select Board supported pausing further funding and additional design work on the police station project until a point in time that the community could complete the planned comprehensive conversations about the future of policing. The Select Board remains committed to seeking ways to fully engage the larger Lexington community in these comprehensive conversations and expects those conversations to continue over the course of the next several months. The Select Board wants to ensure that transparent information is provided to the community about the current type and level of police services that the Town provides,the expected type and level of police services in the future,the staffing for those services, and the training requirements for our public safety staff.Further,the Select Board is committed to allowing ample opportunities for residents to ask questions about policing and for the Town to provide comprehensive responses. Based on these decisions, the police station project will not be coming to Town Meeting for funding at ATM 2021. Hosmer House: Appropriation: $50,000 Funding:STM12018-Article 5/ ATM 2020-Article 10m(2) Not approved Article 5 of the 2018 Special Town Meeting appropriated$50,000 for a study regarding relocation or renovation of the Hammond A. Hosmer house, located at 1557 Massachusetts Ave. A committee was formed with representatives of the Select Board,Permanent Building Committee, Historical Commission, Historic Districts Commission, Public Facilities Department and the Architectural firm LDa. After reviewing the recommendations of that committee, the Board felt strongly that the Hosmer House should be returned to its intended use as a home and were in support of moving the Hosmer House to enable construction of the Police Station project. Article 10m(2) of the 2020 Annual Town Meeting asked for an appropriation of $25,000 for LexHAB to complete a feasibility study to reuse the house as affordable housing at Vine Street. That motion was not approved by Town Meeting. The Town Manager then issued a request for proposals (RFP) for the house to be moved and/or acquired, and received one qualifying bid. After extensive review and evaluation, a majority of the Select Board determined that the bid did not meet the objectives of the RFP. The Select Board has authorized the Town Manager to issue another RFP, this time including a list of specific properties where the facility could be moved and encouraging potential public/private partnerships. Pine Meadows Club House - This project has been delayed to a future year within the current 5 year capital plan. This delay was to better align with overall Town Capital plan and funding in those years. Old Reservoir Bath House Renovation- Appropriation: $620,000 Funding: ATM 2019-Article 10g All bids received by the Town exceeded the appropriation approved by Town Meeting. The Department of Public Facilities and Recreation staff are evaluating next steps as the pandemic has drastically impacted projects costs. Maria Hastings Elementary School: Construction Start Date:May 2018 Project Completion Date: October 2020 (Student relocation to new school-February 2020) Project Budget:$65,279,418 Funding: STM 1 2016-Article 3/ATM 2017-Article 17/STM-3 2017-Article 2 During the February 2020 school vacation week staff and student belongings were successfully moved to the new school building as it is prepared for its first day of school on February 24,2020. The new school is an all-electric design and includes a geo-thermal heating system. Solar energy systems intended to produce 100% of the buildings annual electricity usage are under construction and expected to be complete by June. Lexington Children's Place: Construction Start Date: May 2018 New Building Complete: October 2019 (Building Occupancy 8/15/19) Project Budget: $15,079,342 Funding:STM 1 2017-Article 4/STM 2 2017-Article 3/ATM 2018-Article 12 Construction started on the new building in September of 2018 and was ready for students on the first day of school in late August of 2019. The new school is an all-electric design. Solar energy systems intended to produce more than double the buildings annual electricity usage are under construction and expected to be complete by June. Lexington High School Funding:ATM 2021-Article 24 Appropriate for LHS Feasibility Study ($1,825,000) The Superintendent,with support of the School Committee and Board of Selectmen, submitted a Statement of Interest to the Massachusetts School Building Authority (MSBA) on March 17,2019, requesting state support for a high school building project. The response from the MSBA in December of 2019 was that while Lexington's case for a new high school was compelling, they unfortunately did not invite Lexington to participate. Recognizing the needs and challenges Lexington is facing,the MSBA strongly encouraged the Town to reapply in 2020. The Superintendent resubmitted the Statement of Interest. MSBA has notified the Town that the funding decisions that were expected for 2020,have been delayed until spring of 2021. If Lexington were to be invited into the school building pipeline, a one-year feasibility period would begin,during which time issues of scope,siting,and cost would be explored in partnership with the MSBA. If Lexington is not invited into the pipeline, we will likely reapply in 2021 and every year thereafter until our application is accepted. In the meantime, the School Department is completing a School Master Plan which will include a phased plan to accommodate students at Lexington High School (LHS) until a new or renovated building is available. If the MSBA notifies the Town that the Statement of Interest has been accepted before ATM 2021 concludes,Town Meeting will consider approval of 2021 ATM Warrant Article 24 to appropriate for a Lexington High School Feasibility Study. If MSBA does not accept the Statement of Interest before ATM 2021, the Select Board recommends that Warrant Article 24 be indefinitely postponed. TOWN OF LEXINGTON WARRANT .......... r z 2021 ANNUAL TOWN ELECTION March 1, 2021 2021 ANNUAL TOWN MEETING March 22, 2021 Detailed information on Town Meeting Warrant Articles can he found at http:/lexinQtonma.gov/2021 atm Saturday, March 6,2021, 10am-12pm,Moderator's Workshop for New Town Meeting Members(via Zoom) Tuesday,March 9,2021, 7pm-9pm,Moderator's Planning Meeting with Article Sponsors, Boards &Committees(via Zoom) WARRANT 2021 ANNUAL TOWN MEETING Detailed information on these Town Meeting Warrant Articles can be found at https:/Iexingtonma.gov/202latm TABLE OF CONTENTS SELECT BOARD MESSAGE _, _, _, 3 CONSTABLES LETTER.,. . . ... . . .. ... . ..... ................ . . ..... . . . . . . ... ................ . .,.... 4 ARTICLE 1 NOTICE OF ELECTION ........ . ......... . .. . .............................. . ......... . . . 5 ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES............................................................................................... 6 ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES .................................... 6 FINANCIAL ARTICLES , . ... . .... 6 ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET ,,,, 6 ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS 6 ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM..... . , . . . . . . ..... ....... . ........_,., 7 ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT............................ 7 ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY....................... ........... .. . . .............................. 8 ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS.......................... 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS . ..... . 9 ARTICLE l 1 APPROPRIATE FOR RECREATION CAPITAL PROJECTS 9 ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT................... 9 ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS.................................................. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS.................................... 11 ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT.......................... 11 ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS.... . ................................ 11 ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND 12 ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS . . . 12 ARTICLE 19 ESTABLISH,AMEND, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS. . 12 ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS. . . . 13 ARTICLE 21 AMEND FY2021 OPERATING, ENTERPRISE AND CPA BUDGETS 13 ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS. . . . ...................... ...... 13 ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND..... . . . ..... ..................... 13 ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY 14 ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION . . 14 GENERAL ARTICLES . . _, 14 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING ARTICLE 26 PERMANENT TRANSPORTATION FUNDING...................................................................... 14 ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP.. . ..... . . . ............................. 15 ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT... . ....... . . . .............................. 15 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL ARTICLE 29 INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION 15 ARTICLE 30 FULL INCLUSION RESOLUTION 16 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM ARTICLE 31 LANE.. . .......................... . . ..... . . .. ..... 16 ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES 16 ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION................................. 16 ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS,.,. 17 ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION)... ................ ............................... 17 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR ARTICLE 36 AFFORDABLE HOUSING (CITIZEN PETITION) 17 ARTICLE 37 AMEND GENERAL BYLAW S-STORMWATER MANAGEMENT(CHAPTER 114) 18 ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) 18 ZONING ARTICLES. . ........ .,. 18 ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES 18 ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS........... ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS.................. . ............................. 19 ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT................ . . 19 ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS 19 ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS 19 AMEND ZONING BYLAW&ZONING MAP -HARTWELL ARTICLE 45 INNOVATION PARK........ ............. . .... ... 19 TOWN FINANCE TERMINOLOGY (inside back cover) OQ��aS M®Rp�NC� Town of Lexington, Massachusetts PRIL 191, Select Board �X!NG''T-" DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL I.RAI TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 January 25, 2021 To the Residents of Lexington: This warrant document provides notification of the 2021 Annual Town Meeting and advises residents of the various issues being considered at the meetings. Only Articles listed in this warrant may be discussed. The purpose of the Warrant is to inform citizens of the issues to be discussed and does not provide for detailed information about the Articles. Articles for the Annual Town Meeting are grouped in three categories: Financial, General and Zoning. Descriptions are provided in an attempt to make the Warrant useful and understandable. The most important votes that take place at the Annual Town Meeting are related to the budget. We urge citizens to read the budget, understand it, and help us find a way to foster excellence within the community. The Town website, http://lexingtonma.gov/202latm, includes the most recent version of the FY2022 Budget and other financial Articles as well as other relevant information for each Article. Between now and Town Meeting there will be multiple meetings to develop a comprehensive recommended budget for fiscal year 2022. That budget will be delivered to all Town Meeting Members prior to the consideration of any financial articles by Town Meeting. SELECT BOARD Douglas M. Lucente, Chair Joseph N.Pato Suzanne E. Barry Jill I. Hai Mark D. Sandeen 3 ��u5 1vtOpglM,C� TOWN OF LEXINGTON WARRANT 2021 ANNUAL TOWN MEETING APRIL 19" SEX I N GT Off" Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections to meet in their respective voting places in said Town. PRECINCT ONE, School Administration Building; PRECINCT TWO, Bowman School; PRECINCT THREE, Lexington Community Center; PRECINCT FOUR, Cary Memorial Building; PRECINCT FIVE, School Administration Building; PRECINCT SIX, Cary Memorial Building; PRECINCT SEVEN, Keilty Hall, St. Brigid's Church, PRECINCT EIGHT, Samuel Hadley Public Services Building; PRECINCT NINE, Keilty Hall, St. Brigid's Church, on Monday, the first day of March 2021 from 7:00am to 8:00pm, then and there to act on Article 1 of the following Warrant; In addition, you are also directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing platform described more particularly below on Monday, the twenty-second day of March 2021 at 7:30pm, at which time and place the remaining articles in this Warrant are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. Pursuant to Chapter 92 of the Acts of 2020, the Town Meeting shall be held remotely by the means requested by the Moderator as follows: Town Meeting members will attend and vote by logging into: (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR a comparable online voting tool developed by Select Board member Joe Pato, and (3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/ LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerkna,lexingtonma.gov and complete the online form at https:Hlexingtonma.gov/202Iatm. For more information, please see the Moderator's January 11, 2021 letter to the Select Board attached to this warrant as Appendix A. 4 ARTICLE 1 NOTICE OF ELECTION One Select Board Member for a term of three years; One Moderator for a term of one year; Two School Committee members for a term of three years. Two Planning Board members for a term of three years; One Lexington Housing Authority member for a term of five years. Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; Nine Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term for a seat ending in 2023; the one receiving the next highest number of votes to fill an unexpired term for a seat ending in 2022; Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired terms for a seat ending in March 2023; Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2023; Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve for terms of three years. You are also to notify the inhabitants aforesaid to meet remotely pursuant to Chapter 92 of the Acts of 2020 as set forth on the first page of this Warrant on Monday,the twenty-second day of March 2021 at 7:30 p.m., 5 at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy, by transfer from available funds, by transfer from enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: See the most recent version of the FY2022 budget proposals posted at http:// lexin t onma o„ get. DESCRIPTION: This article requests funds for the FY2022 (July 1, 2021 - June 30, 2022) operating budget. The operating budget includes the school and municipal budgets. The operating budget includes requests for funds to provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining negotiations. The budget also includes certain shared expenses. ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money shall be provided by the estimated income to be derived in FY2022 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) 6 FUNDS REQUESTED: Enterprise Fund FY2020 FY2021 FY2022 Appropriated Appropriated Requested a) Water Personal Services $660,929 $804,234 $903,535 Expenses $420,436 $502,925 $514,300 Debt Service $1,192,000 $1,278,770 $1,318,329 MWRA Assessment $7,413,364 $8,006,399 $8,807,039 Total Water Enterprise Fund S9,686,729 $10,592,328 $11,543,203 b) Wastewater Personal Services $226,162 $366,568 $401,775 Expenses $284,781 $444,150 $454,650 Debt Service $1,200,863 $1,388,579 $1,569,588 MWRA Assessment $7,837,139 $7,922,359 $8,714,595 Total Water Enterprise Fund S9,548,945 $10,121,656 $11,140,608 c) Recreation and Community Programs Personal Services $1,246,075 $962,170 $1,342,201 Expenses $1,048,149 $1,041,951 $1,247,735 Total Recreation and Community Programs $2,294,224 $2,004,121 $2,589,936 Enterprise Fund DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F%Z, towns may establish Enterprise Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from three enterprise funds previously established by the Town. The Recreation and Community Programs Fund includes the operations and programs for the Community Center. ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Senior Services Program, to be spent under the direction of the Town Manager; to authorize the Select Board to establish and amend rules and regulations for the conduct of the program, and determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $15,000 DESCRIPTION: In FY2007, the Town established a Senior Services Program that provides more flexibility than the State program in assisting low-income seniors and disabled residents in reducing their property tax bills. This article requests funds to continue the program. ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT To see if the Town will vote to appropriate a sum of money for the purpose of conducting an assessment of the Town's organizational structure and adherence to industry best practices and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $100,000 7 DESCRIPTION: This article will allow the Town Manager to hire a contractor to conduct a Town-wide organizational assessment and provide recommendations for efficiencies. ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Town-wide 20/20 vision survey and related expenses and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $50,000 DESCRIPTION: This article will allow the 2020 Vision committee to conduct a survey is be part of a longitudinal study to assess community perspectives and progress toward meeting stated preferences of community members and to inform planning and decision-making by the three elected boards. ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E'/z and Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to establish new revolving funds; to determine whether the maximum amounts that may be expended from such new and existing revolving fund accounts in FY2022 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Program or Purpose for Revolving Funds FY2022 Authorization School Bus Transportation $1,150,000 Building Rental Revolving Fund $570,000 Regional Cache- Hartwell Avenue $50,000 Lexington Tree Fund $70,000 DPW Burial Containers $50,000 DPW Compost Operations $790,000 Minuteman Household Hazardous Waste Program $260,000 Senior Services Program $75,000 Residential Engineering Review $57,600 Health Programs $45,000 Lab Animal Permits $40,000 Tourism/Liberty Ride $194,000 Visitors Center $247,000 DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General Laws Chapter 44, Section 53E1/Z must be approved annually by Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds, and expenditures may be made from the revolving fund without further appropriation. 8 ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2022 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of the Community Preservation Committee for FY2022; for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Conrnunity Preservation Committee) FUNDS REQUESTED: a) Park and Playground Improvements- South Rindge Avenue - $170,000 b) Park Improvements-Athletic Fields- Muzzey Field- $155,000 c) Community Center Mansion Sidewalk&Patio - $110,000 d) Playground Enhancements - Pour-in-Place Surfaces - $150,000 e) CPA Debt Service - $TBD f) Administrative Budget- $150,000 DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary, be appropriated for the projects recommended by the Community Preservation Committee and for administrative costs. ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) FUNDS REQUESTED: $87,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/ fy22 capital. ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment: a) Transportation Mitigation; b) Self-Contained Breathing Apparatus Replacement; 9 c) Townwide Culvert Replacement; d) Equipment Replacement; e) Sidewalk Improvements; f) Storm Drainage Improvements and NPDES compliance; g) Comprehensive Watershed Stormwater Management; h) Street Improvements; i) Hydrant Replacement Program; j) Public Parking Lot Improvement Program; k) New Sidewalk Installations; 1) Staging for Special Events; m) Cary Library Network Upgrade; n) Electric Vehicle Charging Stations; o) Parking System; and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; determine if the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/ fy22 capital. ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS To see if the Town will vote to make water distribution system improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and standpipes, the replacement or rehabilitation of water towers, engineering studies and the purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise; and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such improvements and land acquisition and determine whether the money shall be provided by the tax levy, water enterprise fund, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,410,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at htip://www.lexin tg onma.gov/ fy22capital. 10 ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise; and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, the wastewater enterprise fund, by transfer from available funds, including any special wastewater funds, by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,520,000 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at htW://www.lexin tg onma.goy/ fv22capital. ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,186,236 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/ fv22capital. ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including new construction to public facilities for: a) Public Facilities Bid Documents; b) Facility and Site Improvements: • Building Flooring Program; • School Paving& Sidewalks Program; c) Public Facilities Mechanical/Electrical System Replacements; d) Municipal Building Envelopes and Associated Systems; e) Townwide Roofing Program; f) School Building Envelopes and Associated Systems; g) Center Recreation Complex Bathrooms &Maintenance Building Renovation; h) Space Needs for School Year 2021-22; i) HVAC Improvements; 11 and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $4,480,385 DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the FY2022 budget. The most recent version of the capital section can be found at htip://www.lexin tog nma.gov/ fy22capital. ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $1,885,486 DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town has been required to disclose this liability. Special legislation establishing a trust fund for this purpose was enacted in 2002. ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no longer required for its intended purpose. ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of: (a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m) Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This article proposes to establish, dissolve, and fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of 12 the particular fund. These funds may later be appropriated for a specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting,for any other lawful purpose. ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 21 AMEND FY2021 OPERATING,ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Articles 4, 5 9, and 10 of the warrant for the 2020 Annual Town Meeting, and Article 5 of the warrant for Special Town Meeting 2020-3 to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds including the Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021) appropriations. ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the FY2022 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: $124,057 13 DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds from the Debt Service Stabilization Fund set up for that specific purpose. ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY To see if the Town will vote to appropriate a sum of money to be expended under the direction of the Permanent Building Committee, for the costs of a feasibility study relating to the Lexington High School located at 251 Waltham St, Lexington, MA 02421, for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and to determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the School Committee) FUNDS REQUESTED: $1,825,000 DESCRIPTION: In spring of 2021, the Massachusetts School Building Authority is expected to vote on Lexington's application to accept the Lexington High School into the MSBA reimbursement program. if the Town's application is approved at that time, this article would fund the first phase of the process, conducting a feasibility study. ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION To see if the Town will vote to amend the source of funding and borrowing authorization for the acquisition of the Highland Ave Conservation land approved under Article 7 of Special Town Meeting 2020-3; or to act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Community Preservation Committee) FUNDS REQUESTED: None DESCRIPTION: The purpose of this article is to eliminate the borrowing component authorized for purchasing this property in favor of cash given the small amount of CPA-funded projects that have come forward for the FY22 budget and availability of funds. To accomplish this, the town will vote to appropriate an additional $1,000,000 from the Undesignated Fund Balance of the Community Preservation Fund and rescind the $1,000,000 of CPA borrowing. This will not have an impact on the timing of the closing or on the sellers. This is an internal accounting change and is expected to save approximately$20K in interest expenses. GENERAL ARTICLES ARTICLE 26 PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING PERMANENT TRANSPORTATION FUNDING To see if the Town will vote to petition the General Court to allow the Town to create a transportation funding mechanism known as a"Transit Improvement District"; or to act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The purpose of this Article is to seek special legislation allowing the Town to establish a Transit Improvement District to provide a dependable funding source for the REV Shuttle and future transit routes the 14 Town may want to establish within a public/private funding framework. The Special Legislation will likely be modeled after legislation proposed by the Town's State Representative in the 2019 legislative Session,H.B. 2983. ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP To see if the Town will vote to increase the membership of the Recreation Committee to seven members; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Recreation Committee) DESCRIPTION: This article would increase the membership of the Recreation Committee from 5 to 7 members due to the increased responsibilities of the Committee, including the creation of liaison positions on other boards and committees, active capital projects and implementation of a community needs assessment. ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control,to regulate noise generated by the use of motorized landscaping equipment; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Noise Advisory Committee) DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution caused by motorized landscaping equipment. ARTICLE 29 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION To see if the Town will 1. vote to authorize the Select Board to petition the Massachusetts General Court for special legislation to: a. Allow the Town of Lexington to regulate fossil fuel infrastructure in new buildings and major renovations for the purposes of improving health and safety, reducing greenhouse gas emissions, and encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential utility; b. Allow the Town to adopt and further amend general or zoning bylaws that regulate fossil fuel infrastructure; and c. Allow the Town to administer such bylaws, including through the withholding of building permits by the Building Commissioner; and 2. vote to add a new Chapter to the Town's Code of Bylaws prohibiting or otherwise regulating or restricting the installation of fossil fuel infrastructure in new construction projects or major renovation and rehabilitation projects in Lexington, and to set forth the terms and scope of such regulations or restrictions, including exemptions or waivers to same, provided that said Chapter will take effect only if permitted pursuant to General or Special Legislation enacted by the Massachusetts General Court; or take any action related thereto. (Inserted by the Select Board at the request of the Sustainable Lexington Committee) 15 DESCRIPTION: This article would authorize the Town 1) to file a home-rule petition with the Massachusetts General Court for Special Legislation that would enable the Town to enact local bylaws that would regulate fossil fuel infrastructure in buildings and 2) to enact such a bylaw that would restrict fossil fuel infrastructure in new construction and major renovations. The bylaw would limit the installation of new fossil fuel(natural gas,propane, fuel oil) infrastructure so as to require new or significantly renovated buildings to use clean energy sources (electricity)with exemptions for certain appliances and building types and with a waiver process. ARTICLE 30 FULL INCLUSION RESOLUTION To see if the Town will vote to adopt a non-binding resolution to consider the rights and needs of those with disabilities in all town decision and planning processes, in order to strive for full inclusivity and equity, while encouraging collective and coordinated action to address issues of exclusion and ableism; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Commission on Disability) DESCRIPTION: To further the goal of full inclusion for the Town of Lexington. ARTICLE 31 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM LANE To see if the Town will vote to accept as a Town way Penny Lane, Winding Road, and Luongo Farm Lane, all as shown on two plans dated December 15, 2020, both of which are on file with the Town Clerk and to take by eminent domain, donation or otherwise acquire any fee, easement, or other interest in land necessary therefore; or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: This article will accept the identified streets as public ways, and will authorize the Town to take title to Penny Lane, Winding Road and Luongo Farm Lane. ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require that when an applicant applies for permission from the Town to remove a Town-owned tree or Public Shade Tree, the applicant be required to provide an appraisal of the tree's value and, if permission to remove the tree is granted,pay an amount up to the appraised value of the tree to the Lexington Tree Fund; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will ensure that the Town receives a fair value for a removed Town tree. ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND EDUCATION To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to: a. require the owner of a property at which major construction or demolition is planned to submit itemized detailed information • initially with submission of the building permit, for all trees 6 inches DBH or larger on the property; and • at the completion of work at the property, for all remaining trees 6 inches DBH or larger on the property and for trees planted as mitigation 16 b. require prior notification to the Town before removal of any tree 6 inches DBH or larger on private property at which neither major construction nor demolition is planned; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of of the Tree Committee) DESCRIPTION: This article provides for the collection of additional information on sites where the tree bylaw applies and also for sites on which it does not. This additional information will be used to better understand the effectiveness of the bylaw and inform decisions about future changes to the bylaw. Additionally,the requirement for notification on sites where the bylaw does not currently apply, and provides an opportunity for education of the applicant on the benefits of trees and on options other than removal. For these sites where the bylaw does not currently apply, the Tree Committee is recommending that there be no fee associated with this notification, no requirement for an onsite inspection, and no penalty for failing to provide notice. ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to increase the fees and mitigation payments for removal of trees protected under the Bylaw, and to adjust these items to reflect inflation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) DESCRIPTION: This article will increase the fees and mitigation payments under the Tree Bylaw to better reflect the cost associated with administering the Bylaw and the cost of planting trees with mitigation funds, and will make it more attractive for applicants to replant versus making payments to the Lexington Tree Fund, and will better protect large trees. ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION) Establish a permanent Scenic Roads committee which will meet periodically to review and approve matters relating to preserving scenic roads and historic landscapes located throughout the town. Specifically, the Scenic Roads committee would be charged with the review and approval of roads,paths and landscapes within the jurisdiction of the committee, which would include all lands,public and private, which merit recognition and preservation for their scenic or historic value. The committee will include a Town Fence viewer or designee, a member of the Tree Committee or designee, one individual who meets the Secretary of Interior's Qualifications as an Historian or Archaeologist (36 CFR 61), and two other individuals from the community-at-large who have a demonstrated interest in historic landscapes. Included among Massachusetts legislation for which the committee will be charged with enforcing will include MGL Part IV, Title 1,Chapter 266, Section 105— Stone walls or fences and MGL Part IV, Title 266, Chapter 266, Section 94—Boundary Monuments and miscellaneous markers. (Inserted by Jeff Howry and 9 or more registered voters) DESCRIPTION: The purpose of the Scenic Roads committee will be to assure that the remaining features of Lexington's historic landscape are protected and maintained. To accomplish this, the Scenic Roads Committee will endeavor to expand the town's existing cultural resources survey to include features of the historic landscape including stone walls, boundary markers, roads and paths bounded by trees and landscaping, historic archaeological features including those involving water features, as well as historic landscape features associated with human occupation within the town. Making additions to the already designated Scenic Roads in Lexington would be part of the committee's charge. ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION) To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose of funding affordable and community housing construction, renovation, associated land acquisition or easements; 17 and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto. (Inserted by Matt Daggett and 9 or more registered voters) DESCRIPTION: The purpose of this article is to address the impacts of new commercial development projects on the demand for community housing by creating a targeted and measured surcharge on specific commercial development activities. ARTICLE 37 AMEND GENERAL BYLAWS-STORMWATER MANAGEMENT (CHAPTER 114) To see if the Town will vote to amend Chapter 114 of the Code of the Town of Lexington (Stormwater Management) to allow for additional regulation of stormwater management installations and associated mitigation requirements; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Stormwater Management Bylaw to allow the additional regulation of stormwater management to allow the additional regulation of stormwater management. ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington (Trees) to include additional regulations regarding tree preservation and planting; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Tree Bylaw relative to the Hartwell Innovation Park (C-HIP) landscaping and development requirements, if necessary. ZONING ARTICLES ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES To see if the Town will vote to amend the Zoning Bylaw to allow additional flexibility in permitting for historic preservation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would allow special permits for historical preservation under § 135-6.2, Historic Preservation Incentives, to permit additional uses where necessary to preserve historical elements. ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS To see if the Town will vote to amend the Zoning Bylaw to regulate the construction of retaining walls over four(4) feet in height; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would update the Zoning Bylaw to regulate the installation of retaining walls over four(4)feet in height. 18 ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS To see if the Town will vote to amend the Zoning Bylaw to allow for accessory structures of limited size and height (including sheds)to have a separate setback requirement; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would establish regulations for accessory structures (including sheds) to have a separate setback requirement. ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT To see if the Town will vote to amend the Zoning Bylaw to identify a designated Community Floodplain Administrator(FPA); or act in any other manner in relation to. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would identify and designate a Community Floodplain Administrator (FPA) in accordance with regulations of the Federal Emergency Management Agency. ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning Bylaw to allow for the correction of internal references, remove unreferenced definitions, reformat sections, updates to modernize language; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning bylaw in any substantive way. ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS To see if the Town will vote to amend the Zoning Bylaw (including Table 1, Permitted Uses and Development Standards; § 5.1 Off-street Parking and Loading; §9.5, Site Plan Review; and §10, Definitions) to allow for beneficial changes identified in the Hartwell Innovation Park drafting process and updates from the 2020 Special Town Meeting (such as Short-Term Rentals and requirements from the Attorney General review); or act any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend any issues in the zoning bylaw or table of uses identified during other amendments of the Zoning Bylaw,which may include adding Short Term Rentals. ARTICLE 45 AMEND ZONING BYLAW& ZONING MAP-HARTWELL INNOVATION PARK To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park (C-HIP) Zoning District comprising the CM - Manufacturing Zoning District and portions of the GC - Government Civic Zoning District, add new Special District Regulations, and amend related zoning sections of the Zoning Bylaw, including the Table of Uses; Dimensional Controls, and General Regulations; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Planning Board) DESCRIPTION: This article would amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park(C-HIP)Zoning District,which will include a new Bylaw section and amendments to the existing zoning. 19 And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the Bylaws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this 25th day of January 2021. Douglas M. Lucente, Chair Select Board Joseph N.Pato Suzanne E. Barry of Jill I. Hai Mark D. Sandeen Lexington A true copy,Attest: Constable of Lexington 20 `pVS Mop pQ 1775 �C ti a z > r - "w 3 c APRIL 1V �Fx1 N Ut APPENDIX A Town of Lexington MODERATOR DEBORAH BROWN January 11, 2021 DELIVERED BY EMAIL Dear Select Board Members, In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social distancing and avoid the congregation of crowds, I request approval to conduct the proposed 2021 Annual Town Meeting, scheduled to commence Monday,March 22,2021 through remote participation. I propose to use a combination of. (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate. I certify that,with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato, Town Meeting Members' Association Chair Ben Moroze, and members of Town staff,I have tested all components of the system described above and am satisfied that this system will enable our meetings to be conducted in substantially the same manner as if they had occurred in person at a physical location. I certify that the system (i) allows the moderator, town meeting members,town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii)provides the ability to determine whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member,town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate through the submission of statements for or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility. Sincerely, Deborah Brown Town Moderator 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 21 TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In order to provide everyone with a better understanding of the meaning,the following definitions are provided. AVAILABLE FUNDS- "FREE CASH" The amount certified annually by the Bureau of Accounts,Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS-OTHER Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated. These balances become available for re-appropriation by Town Meeting(or are returned to the town's general fund balance). "CHERRY SHEET" A financial statement issued by the State, at one time on cherry-colored paper,that itemizes state aid due to the town, and charges payable by the town to the state and county. GENERAL FUND The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy is the principal source of revenue in the general fund. ENTERPRISE FUND A self-supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. For example,water operations are funded through the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the end of the fiscal year. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover property tax abatements and exemptions granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be used for"extraordinary or unforeseen expenditures." REVOLVING FUND Revolving funds are used for a particular service.An overall limit on spending is set by Town Meeting but may be subsequently amended by vote of the Board of Selectmen and Appropriation Committee. The funds can be used for the service without appropriation up to the approved limit. Town of Lexington, MA 02420 PRESORTED STANDARD U.S. Postage PAID Boston, MA Permit No. 3011 **********ECRWSSEDDM**** Residential Customer LEXINGTON, MA Detailed information on Town Meeting Warrant Articles as well as information on current Town Meeting Members can be found at http://lexingtonma.govl202]atm Note: Town residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerk(dlexingtonma.gov and complete the online form at https://Iexingtonma.gov/202I atm. Gmail-FW:Article 33 https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search—all... MGmal I Gerry Paul <gerrypau101@gmaiI.com> _______________________________________________________________________________________________________________________________________________________________________________________ FW: Article 33 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Gerald Paul <gerryp@bu.edu> Thu, Mar 4, 2021 at 12:10 PM To: James Malloy<jmalloy@lexingtonma.gov> Cc: David Pinsonneault<dpinsonneault@lexingtonma.gov>, Christopher Filadoro <cfiladoro@lexingtonma.gov>, Doug Lucente <doug.lucente@g mail.com>, Joe Pato <jpato@lexingtonma.gov>, Suzie Barry<suziebarrylex@gmail.com>, Jill Hai <jhai@lexingtonma.gov>, Mark Sandeen <mark.sandeen@sustainablelexington.org>, Kelly Axtell <kaxtell@lexingtonma.gov>, Nancy Sofen <nsofen@gmail.com>, Mark Connor<mark@connorarchitecture.com> Hi Jim, Thanks for your comments regarding articles 32 and 33. It was extremely helpful to have your thoughts in writing. Would it be possible for you to do the same for any other concerns about the Tree Committee articles? Below are our comments and clarifying questions (using the same numbering as your comments). 1. We have a question about the premise of this concern: What is the nature of the approximately"60 non-project" public shade trees that are removed each year? If they are hazard trees they will have been excluded from Chapter 87 hearings and any required action by the Select Board in the past; and will be excluded in the future even with Article 32. 2. Public Hearings and review by the Select Board are currently already required for removal of non-hazard public shade trees. Article 32 simply allows the Select Board to request payment of the appraised value. This article should not require any more time spent by the Select Board or staff and, in fact, will be a disincentive to applicants even considering removal of public shade trees given the possible cost to them. 3. Concerning the Select Board having to approve spending from the Tree Fund, Dave Pinsonneault has stated that the approval of the Select Board was delegated to the DPW Director years ago. (Would this delegation be documented someplace in Town records?) We know of no cases in which the Select Board was ever asked to approve spending from the Tree Fund. The word "voluntary" has always been a mystery to us. It may be there because citizens can and have made voluntary contributions to the tree fund. We would abide by Town Counsel's advice about whether the word should be removed at a future Town Meeting. 4. We would be pleased to update the motion to indicate that the applicant will pay for the appraisal. 5. Regarding Article 33, the motion posted on the Town website is now actually 2 motions corresponding to parts (a) and (b)of the article. So the Select Board and Town Meeting will be able to take separate votes on each. Sincerely, Gerry Paul Nancy Sofen Mark Connor On Wed, Mar 3, 2021 at 12:29 PM James Malloy<jmalloy@lexingtonma.gov>wrote: i Gerry—First I'm going to apologize for commenting late. I have a lot of different things going on and due to time constraints, I don't normally go into this depth on policy issues but this particular article (Article 32) contains a number of issues that impacts administration so I am going to comment. Here are my concerns: 1. The bylaw does not exempt the Public Works Department. It does provide that the Select Board may waive all or a part of the fee established using the Trunk Formula Cost Estimate. The concern I have here is 1 of 4 3/9/2021,7:58 AM GmuU'FW:Article 33 bVpo 8 ' that according to Dave Pinsonneau|t's estimate we have opproximate|y6O "non-project" (project related trees would be in addition) public shade trees removed each year. By establishing a fee and authorizing the Select Board to waive all orpart of the fee, each one mf these public shade tree removal applications has the potential to become a negotiated process similar tothe [mtdng School tree. Our last Select Board meeting was initially hours long before we moved some items to afuture meeting and next week's meeting is scheduled to be 3 hours long. The Co1bng School tree took upseveral meetings and based upon Dawe's estimate ofG0 public shade trees per year and that the Board has established a meeting schedule of 2 business meetings per month and 1 workshop per month,this works out to 2.51ree agenda items per business meeting. If these overlap with multiple negotiating meetings on each application, this will become very difficult for the Select Board 10 process and try to get other things dune. 2. Given the cost associated with the standard proposed by this bylaw and using the Cmtdng School tree as an example (since we have cost estimate from that tree),the cost as established by Mr. Fod was$87,2IS but with depreciation was $39,85O. | am going Lo assume a1 that cost,that just about every private property owner requesting to remove a public shade tree and all public shade trees proposed to be removed by the Public Works Department will appeal tothe Select Board to waive all orapart of the fee. 3. Additionally, even if the Select Board does not waive the fee and it is paid directly to the Tree Fund, under the Tree Bylaw, Section 120-14 which relates to the Tree Fund, it requires that, "The Tree Warden, with input from the Tree Committee,will request use of these funds for tree planting,transplanting, and other tree-related needs. The request to expend these funds will be approved by the Board ufSe|ec1men." Which assures that whether the Select Board is meeting to consider waiving or reducing the payment for removing public shade trees,that the Select Board will need to meet to approve spending the funds collected from this bylaw proposal. We should also clarify this role and perhaps remove the "voluntary" from the existing by|am, as these contributions would no longer be voluntary contributions. 4. The bylaw indicates that the Select Board or their designee shall require the applicant to pay the appraised value of the tree, as determined by a member of the American Society of Consulting Arborisis using the Council of Tree and Landscape Appraisers trunk formula method. The bylaw does not indicate who will pay for the consultant that will develop the cost estimate (is this the Town orthe applicant?). All of these items above create concerns for me, | was asked at a recent Select Board meeting what the impact to staff would be for this bylaw. | see a significant impact on staff and the Select Board in terms of time required to administer this bylaw and therefore | am recommending the Select Board reconsider their position onthis bylaw and that further work be undertaken by the Tree Committee and Tree Warden/DPW Director to improve itto address the concerns raised above. | note that my original email 1othe Board referenced Article 33 which was in error, but since | have carved out time to address the issue above, | also want to indicate to the Select Board that paragraph (b) of Article 33isthe most far reaching, intrusive bylaw provision that | can think of and at the same time does not provide any enforcement for anyone that doesn't comply. The worst law ia one that cannot be enforced, | see nopublic benefit from this section of the bylaw proposal on Article 33 and would strongly recommend to the Select Board that should the Board support Article 33 that they dm so with an amendment or substitute motion which deletes paragraph (b). | did want to reply to Gerry's email, but in order to not violate the Open Meeting Law, | ask that the Select Board not reply tothis email and want to let the Select Board know that | will include this email in the Select Board's meeting agenda packet for March 8 so that it can be discussed publicly. Thanks. 2 of 3/9/2021. 7:58 /\YW Gmail-FW:Article 33 https://mail.google.com/mail/U/O?ik=4888d66222&view�t&search—all... Jim Jim Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 781-698-4540 Please note®Effective 3124120 the Town of Lexington Offices have one virtual. We are working remotely, staying safe and maintaining safe social distances. Some departments may be responding slower than you have come to expect,please be patient as we work through this global pandemic. Thank you! Please note most emails to/from this account are a public record. Also, please consider the environment before printing this email. Thanks! From: Gerald Paul [maiIto:gerryp@bu.edu1 Sent:Tuesday, March 2, 20212:51 PM To:James Malloy<jmalloy@lexingtonma.gov> Cc: Doug Lucente<doug.lucente@grnail.com>; Joe Pato<jpato@lexingtonma.gov>; Suzie Barry <suzi ebarrylex@g mail-co m>;Jill Hai <jhai@lexingtonma.gov>; Mark Sandeen <mark.sandeen@ sustainablelexington.orp; Kelly Axtell <kaxtell@lexingtonma.gov>; Nancy Sofen <nsofen@gmail.com>; Mark Connor<mark@connorarchitecture.com> Subject: Fwd: FW:Article 33 Hi Jim, The subject of Dave Pinsonneault's concern regarding Article 32 was raised a number of weeks ago by Chris Filadoro and Marc Valenti at a Tree Committee meeting. In response we worked closely with Town Counsel to craft the motion for Article 32 to give the Town the flexibility, if a Town tree is removed by the Town, to not necessarily be required to perform a tree appraisal and to not necessarily be required to pay the appraised value. We reviewed this in detail with Chris and Marc last Thursday and they were satisfied that the motion addressed their concern. Please see the highlighted text in the motion. Town Counsel can further inform you on the thinking here. Can we consider this issue closed? Sincerely, Gerry Paul 3 of 4 3/9/2021, 7:58 AM Gmail-FW:Article 33 https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search—all... Nancy Sofen Mark Connor ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUEFOR REMOVED TREES MOTION: That§ 120-7.13 of the Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended as follows, where underlined text is to be added: Procedures.Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. In addition to any public notice required by said G.L. c. 87, the Town shall contemporaneously provide notice of the public hearing on the Town's website and through such other electronic means as it deems appropriate. If the Tree Warden or Select Board permits removal of the public shade tree or Town tree, the Select Board, or its designee, shall require the applicant to pay the appraised value of the tree, as determined by a member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula method. Such payments shall be deposited in the Lexington Tree Fund.The Select Board may, at the request of the applicant, waive the requirement to pay all or a portion of the appraised value of the Tree pursuant to this paragraph if the Select Board determines that the removal of the tree is required as part of a project intended to serve a public purpose or due to other extenuating circumstances. The permit issued by the Tree Warden may specify schedules, terms, and conditions including, requiring the planting of replacement trees. From: James Malloy<jmalloylexingtonma.gov> Date: Tuesday, March 2, 2021 at 12:09 PM To: Kelly Axtell <kaxtelllexingtonma.gov>, Doug Lucente <doug.lucentegmail,com>, Jill Hai <jillhailexgmail.com>, "Joe Pato (Lexington Selectman)" <joejoepato.org>, Mark Sandeen <msandeen 1exingtonma.gov>, Suzie Barry<suziebarrylex@gmail.com> Subject:Article 33 To All— I just wanted to pass this message from Dave Pinsonneault that I received this morning to the full Board regarding Article 32 & 35, that without an exemption for Town projects, that it could add significantly to the cost and prohibit some of the work that we would otherwise be doing, specifically sidewalk construction/improvements. The other issue with the appraisal one is there is not an exclusion for Town projects. We are removing 60 plus trees as part of the Streetscape Project and that would be a significant added cost to the project. Police Station, Schools, the Cemetery building, solar projects, sidewalks and roadwork could be significantly and negatively impacted. The other article we had issue with is the Scenic Roads for many of the same reasons. Not being able to move stonewalls, trees or other features will have an impact on cost and safety. Thanks. Jim Jim Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 781-698-4540 Please note— Effective 3/24/20 Town of Lexington Offices have gone virtual. We are working remotely, staying safe and maintaining safe social distances. Some departments may be slower that you expect in responding, please be patient as we work through this global pandemic. Thanks! Please note most emails sent to/from this account are a public record and think about the environment before printing this email. Thanks! 4 of 4 3/9/2021,7:58 AM