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2022-10-24 SB Packet - Released
SELECT BOARD MEETING Monday, October 24, 2022 Conducted by Remote Participation* 6:15 PM AGENDA EXECUTIVE SESSION 1. Exemption 3:Discuss Strategy with Respect to Collective Bargaining- Lexington 6:15pm Municipal Management Association(LMMA); Public Safety Dispatchers Union; Fire Union(IAF Local#1491) PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. Approve Submission of 2022 Boston Metropolitan Planning Organization(MPO) Municipal Election Ballot 2. Accept Fund Terms • Diane Higgins Scholarship Fund • Pat Flynn Youth Fund 3. Approve Select Board Meeting Minutes 4. Accept and Sign Easement- 1050 Waltham Street 5. Approve One-Day Liquor License ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for Eversource- 10 Maguire Road 6:40pm 2. Grant of Location for Eversource-7 Harrington Road 6:50pm 3. Sign State Election Warrant 7:00pm 4. Special Town Meeting 2022-3 7:05pm • Presentation- STM 2022-3 Article 5:Appropriate for Center Playground Bathrooms and Maintenance Buildings • Select Board Article Presenters, Discussion and Positions 5. Update on Pleasant Street Roundabout 7:35pm 6. F Y2023 Water and Sewer Rates - Continuation of Hearing 8:05pm 7. Discussion of Additional Funding Requests Under American Rescue Plan Act 8:20pm (ARPA) ADJOURN 1. Anticipated Adjournment 8:40pm The Select Board meeting packet is typ is ally available at least one business day in advance of the meeting:https:Hlexington.novusagenda.com/agendapublic/ Members of the public can view the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://us06web.zoom.us//83557832399?pwd=ak8rZk5JVCtOO WJMcXI4eUt30 F o3Q T09 iPhone one-tap: +13126266799„83557832399# or+16469313860„83557832399# Telephone:+1 312 626 6799 or+1 646 9313860 or+1 929 436 2866 or+1 301 715 8592 or+1 346 248 7799 or+1 3 86 347 5053 or+1 564 217 2000 or+1 669 444 9171 or+1 669 900 6833 or+1 253 215 8782 Meeting ID: 835 5783 2399 Passcode:036636 *An Act Relative to Extending Certain State of Emergency Ac c omo dations:https://www.mass.gov/the-open-meeting-law A Summit meeting of the Select Board, School Committee,Appropriation Committee and Capital Expenditures Committee will be held on Thursday, October 27, 2022 at 7:00pm via remote participation. The next regularly scheduled meeting of the Select Board will take place prior to Special Town Meeting 2022-3 on Tuesday, November 1, 2022 at 6:00pm via remote participation. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and LezVfedia subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Concerns and Liaison Reports PRESENTER: ITEM NUMBER: Select Board Members LR.1 SUMMARY: Please see the attached Select Board Correspondence Secretary Report for the October 24, 2022 meeting. Under this item, Select Board Members can also comment on any additional points, reports and c o nc erns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type D (Am-respondence Secn.,tat (.,,,jwft O tot-)er 24,2022 13alckup Material. Correspondence Secretary Report—October 24, 2022 Joe Pato: • Date: 9/30 Topic: Committee structure memo Disposition:To be discussed at a future meeting of the Board • Date: 10/3 Topic: Light and noise complaint at Center Fields Disposition: Board to track concern • Date: 10/6 Topic: Paving and construction in center disrupting businesses Disposition: Concerns noted by engineering department,Town Manager explained constraints on current paving program. • Date: 10/8 Topic:Traffic safety on Bedford/Eldred Disposition: Engineering department registered concerns and will consider as part of Hartwell Ave traffic study. • Date: 10/11 Topic: Request for Town led renewal of Center Business District Disposition:To be discussed at a future meeting of the Board • Date: 10/14 Topic: School Busing suggestions from Transportation Advisory Committee (TAC) Disposition: Requested TAC work with Select Board liaison for plan to bring to Board and other stakeholders for deliberation. • Date: 10/16 Topic: Battle Green Project Disposition: comments delivered at 10/17 meeting of the Select Board • Date: 10/17 Topic: Use of Minuteman Statue Likeness Disposition:Town Counsel provided memo from 2019 explaining statue is in the public domain and we can't protect its depiction. • Date: 10/20 Topic: Support for roundabout proposal at Pleasant and Watertown Streets Disposition:To be discussed at 10/24 meeting of the Board • Date: 10/20 Topic:Vision for Lexington Town-wide survey Disposition:Appreciation for presentation and team conducting the study acknowledged. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager T M.1 SUMMARY: Attached please find the following weekly up dates: 10/14/22 10/21/22 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type V r Town o Lexington g Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: October 14, 2022 RE: Weekly Update The following is an update of activities for the week ending October 14, 2022: Various Administrative Issues: • In late July I had informed the Board that I had met with Greatland Development for their property at 12 Hartwell, who has also met with our development team and will be going before the Planning Board on November 16. Greatland has offered to come before the Board for informational purposes and present their project. I will follow up with the Board at the next meeting to find out if there is interest in a presentation. • On 10/13 the Zoning Board approved the Special Permit for the Hosmer House by a 5-0 vote. The Planning Board will be holding a hearing next week, which is the final step in the process. Human Services: • Lexpress was awarded$65,000 from the MBTA FY23. The MBTA automatically renewed our contract with the Suburban Bus Program and increased their financial award. This is $1 OK more than what was budgeted. • Schools across the country were urged to Walk, Bike & Roll on Wednesday, 10/12, which was a signature,�.......... ...::: ........... .........Routes . :.. event. Many Lexington schools participate in one way or another, with the Hastings team once again doing an outstanding job with their Bike Train. Attached are some photos, and we encourage you to view more photos and videos on Twitter @LexBikeWalkBus Land Use Health and Development: • Hosmer House Relocation—As stated above, the Planning Board will hold a public hearing on Wednesday, October 19 at 6:00 pm on Zoom for the application from John and Rosalina Carroll to relocate the Hosmer House to 39 &43 Blossomcrest Rd. The Zoning Board's met on October 13 to review the specialpermit request or the relocation project. ,,,,,,,Click..........................................................................................................................................................................................or r info. 1625 MASSACHUSETTS AVENUE 9 LEXINGTON,MASSACHUSETTS 02420 • Housing Workshop—The Planning Office will host a community-wide workshop at 6:30 pm in the Community Center on Tuesday, October 25. This will be an opportunity for residents to weigh in on possible areas and locations for zoning to allow multi-family housing as required by the MBTA Communities state requirements. Participants will be introduced to the law and asked to map out possible locations. More info here: s-//www.lexi t n a. / ivic l rts.as =:=11 Please help us spread the word because this input will be used to help shape a future zoning amendment article to bring to Town Meeting. Innovation& Technology: • Attached please find the 3rd quarter results from the State Cybersecurity Program that the Town has been participating in this year(required for all employees with town-owned computer/email). As you can see from the attached, our staff has significantly outperformed other municipalities statewide. Recreation and Community Program: Community Center • Room 110, formally used as the windowpane shop will be a dedicated sensory room space. This space will be designed to provide sensory input and can be utilized by individuals of any age and ability level. • Noise cancelling headphones have been purchased to accommodate individuals who may have sensory sensitivities or are overwhelmed during programs and events. Harvest Fest 2022 • The 4th Annual Harvest Fest will be held on Saturday, October 15th from 11 am— 1pm. Community Engagement • Several Community Meetings have been scheduled to discuss current Capital Improvement Projects and upcoming FY24 CIP requests. Marketing and outreach will take place over the next few weeks. o Tuesday, October 25th—Hard Court Reconstruction Proj ect—Center Recreation— Gallagher Tennis/Pickleball and Farias Basketball Courts. Location and Time TBD o Wednesday, October 26th—Kinneens Playground Community Meeting—7pm via zoom o Wednesday,November 9th—Justin Playground Community Meeting—7pm via zoom Open Space &Recreation Plan • The 2015 update of the Open Space and Recreation Plan(OSRP) is underway. The statistically valid survey results are in and the community wide survey is now available. Residents can participate in the community wide survey online via the OSRP.......�, ,,,,,,,,in a--ge. Pine Meadows Golf Course • The Pine Meadows Golf Course FY23 Capital Improvement project is expected to mobilize at the end of the month. The work includes improvements to the 8th and 9th bunkers and tees. Public Works: • Attached please find the September update to the Center Streetscape Project. duL,,ex,i i n,gton� ol, 2022 ThilrdQuwter Report as i "" I S °m " 28th,O I� ui 2 S,e a,t,S o 274 r V IV s I I °moo - 'It Lex"Ji n° �to n, )�6r of S,`:t Ip �Average, .. imm,�i�mmmmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmmmmmuummmmmmmmmnimmimmmimmmmimlmnmmnmmmmmnmmmimli�mmmmmi�mimlmnmmmmimmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmnmmmmmnimn L exington,, Townof 0.26% 1.04% 86.50% 649�',` PON ;7M si `, of e A, 1 ,. 6 2% Lexington,, T nof' 714,09%, of, tat"je Ave 0 32% mfl •, a Lexllngton,,, Towirnolf ,"-L g e 4.6 I, 1 i la' mile p Lexingtom, IU �� ,I I'7m'H,Iuu� V. � �u II :,vm i Nuuu¢u:9. 1.4451,6 0.65% iu, �. ,,:: aTowv�nof` .. ' S"firm o �, atAverage 56.57% U t83% f, 5711 �I vw v. 1� 'lILu-?awl` �le Lexington,, ToWn ' -S"u i��� ,umu V,mm If m II I�u-'��iLex"111"ngton,'IM �� �� wr i 4 1 .9 7 0.00% Y wn+ v I�rI'I�jVg : '�'MuulP,w�IP LEXINGTON TOWN CENTER TRAFFIC AND STREETSCAPE IMPROVEMENTS MONTHLY SELECT BOARD UPDATE 775 1 f4 f AUGUST 2022 AND SEPTEMBER 2022 Town of Lexington,, MA ENVIRONMENTAL Ar-, Apex r J y A............................. .................... A COInStl�UCtiCoin c)g r e s s U d a-t e ENVIRONMENTAL PARTNERS C0NS'TR,UC'T10N PROGRESS UPDAIITE ipuww cam���D���eted- AL����mm"4�Wg"�u�w m�,nY„��m, uuum 0 2,2,. ��IIII d m m hw te,i �I�o wn 2022 The following tasks were completed by the Contractor, I.W. Harding, during the months of August and September 2022: 1. Completed irrigation and electrical work underneath sidewalks constructed during August and September of 2022. 2. Completed Brick sidewalk work at the following locations: a. Between #1684 and #1710 Massachusetts Avenue (Work Zone 3B) b. Between #1718 Massachusetts Avenue and Waltham Street(Work Zone 4A) C. Between Waltham Street and Muzzey Street(Work Zone 4B) 3. Installed site features such as streetlights, planters, plantings,trash cans,tables, bike racks,granite benches with wood seats, and tree pits within completed work zones 4. Completed installation of concrete pedestrian ramps within both active and completed work zones 5. Completed supplemental construction work on the bike path at the intersection of Grain Mill Alley and Edison Way. 6. Began full depth reconstruction, milling, permanent trench patching, and structure adjustment on Massachusetts Avenue. �rlk IIIIIIIIIIry�Ip�N ����� III m���� Octd�: ���uI mmwmn ��owwuu!mmimamiouuum ""vi mwwwio 2,,02:2,:. I.W. Harding plans to perform the following tasks during the month of October 2022: 1. Complete crack filling,final paving, line striping, and structure adjustment on Massachusetts Avenue. 2. Complete installation of outstanding plantings and trees,tree wells, planters, and power boxes across the project site. 3. Complete punch list items and project closeout for the Lexington Town Center Traffic and Streetscape Improvements Project. ,. mon J uuu°i�. m ��� uure+uri'M i � m i uu� me Iwwmmre �������� Ca�n�l Illuwwwu"mm� ouu�i "'Wu, hi liulmr„ te The construction team has worked diligently to ensure residents, business owners, and visitors are up to date on construction activities. Meetings take place on a weekly basis with EP, Engineering, and the Town's communication staff.Work has included: 1. Weekly updates to the Center Streetscape web page. 2. Periodic updates to ongoing construction activities through email blasts and social media. 3. Project signage throughout the downtown. The communication plan will continue to be adjusted as construction activities and community needs dictate. 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Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: October 21, 2022 RE: Weekly Update The following is an update of activities for the week ending October 21, 2022: Various Administrative Issues: • For the Select Board's information, I wanted to provide the discussion(the attached email includes the original and final outcome without all of the intermediary comments)related to timing for the High School Debt Exclusion. This same information was discussed with the Superintendent last week and will be presented to the School Building Committee at their next meeting. • Attached please find the public notification on the MADEP reporting for the release from the Eversource transformer that caught fire a few months ago. • Attached find an updated ARPA request for five additional items. The first is an additional $500,000 for business assistance as described in the attached. The second is for an ongoing air quality monitoring system as per the Select Board's request, this is for $1,164,900 to monitor all of our buildings (100%monitoring). Please note that there are prices in the attached for 75% and 50%. The third is for respirator protection in the Fire Department for$40,000. The fourth is for $500,000 for the Affordable Housing Trust. The fifth is for a bus shelter at Emery Park for $57,202. • On the Center Streetscape Sidewalk Extension Project, Carolyn has informed me that due to some projects not progressing as far as we had anticipated last year that there is capacity to cover the rest of the Center sidewalks. When we projected ahead of the ATM we had expected a few of the larger projects to be underway in the Spring(Westview, Battle Green, Hartwell Design, etc.),plus some of the Police Station design work within levy as the Debt Exclusion vote hadn't passed yet. When the BAN was issued in June nothing had started/been spent yet, so no BANs were issued and now there is capacity in the short-term interest line. We also got a great rate on our bond last February so the long-term interest is lower than projected. The scenarios above happen annually and generally the "extra" is used to pay-down BANs instead of rolling into long-term bonds. In this case it looks like we have about$800K that can be allocated to the sidewalk project instead of seeking authority to issue debt. • I just wanted to thank everyone involved in the planning of the 1 st Annual Employee Cornhold Tournament, specifically, Tim Goncalves, Cathy Severance and Kat Labrecque. We had a really great turn out at the Community Center this week for the finals! 1625 MASSACHUSETTS AVENUE 9 LEXINGTON,MASSACHUSETTS 02420 Congratulations to the"4 Bagger's" (Derek Sencabaugh and Mike Cronin)who are the Cornhole Tournament Champions! We also had a Pumpkin Decorating Contest and the winners selected by Select Board member Doug Lucente were: Susan Lusk 1 st Place Alicia McCartin 2nd Place • We were able to identify additional parking for Town Office Building staff along the back portion of the existing parking lot(near the bike path)where we can leave the first several parking spaces as diagonal and then convert the remainder to parallel parking. DPW will be in over the weekend to blacken out the existing line striping and will re-stripe in the next several days. We anticipate 12-15 additional parking spaces for Town staff. • The moving contractor for the Hosmer House will begin work this weekend starting to prepare the house for the move. Human Services: • Penny Tsiounis, LCSW, will be joining us on November 14th as our new Youth &Family Services Manager. Penny is wrapping up a position as a mental health clinician, so will bring expertise in providing mental health services and resources to our residents. She is energetic, engaging, and very excited to join us! • MBTA Advisory Board Update—To enhance effectiveness, the MBTA Advisory Board has developed a number of committees that carry out a range of activities to bring back to the larger board. One such committee is the newly formed Climate & Clean Energy Committee for which Susan Barrett, Transportation Manager, was elected to Chair. At the most recent meeting on 10/13/22, this committee reviewed and discussed the MBTA's legal commitments and requirements to combat climate change. This committee's next action will be ensuring a written report combining the legal requirements, timeline, and procurement policies of MBTA so that all of this will be viewed holistically and taken into consideration by all relevant decision makers when developing budgets and plans for the MBTA. • On 10/18/22, the MBTA Advisory Board hosted a forum:Moving the Commonwealth Forward: The Future of the MBTA. This session was recorded and will be available shortly at :.....................:......:.......:.................................... boar .or A brief recap of some issues discussed was posted in the Commonwealth: .............. ....�da �s r htt s://co W tl o eat a e® r tra s ortat ta,,,,, at went,,,,,wrong n n how to Ex J.:......,. Some of the presenters noted the need to look at all transportation resources more holistically, including school bus transportation and private services, noting that when older youth ride transit, it creates greater efficiencies,provides more access, and may reduce costs. This comment is similar to the recent recommendations the School Committee, Select Board and Town Management just received from the Transportation Advisory Committee. Land Use Health and Development: • The RFP for the Town-wide Bicycle and Pedestrian Plan has been posted. The due date is November 14. • Hosmer House Relocation—The Planning Board approved the application from John and Rosalina Carroll to relocate the Hosmer House to 39 &43 Blossom Crest Rd. This was the final approval required. The next step in the process is the address assignment, building permits and to move the building. • Housing Workshop—The Planning Office and Planning Board will host a community-wide workshop at 6:30 pm in the Community Center on Tuesday, October 25. This will be an opportunity for residents to weigh in on possible areas and locations for zoning to allow multi- family housing as required by the MBTA Communities state requirements. Participants will be introduced to the law and asked to map out possible locations. More information can be found ere: ,......:....I.t s: . e .i.n ton v ivic. ..erts. s x?.A. 1.9 Please help us spread the word because this input will be used to help shape a future zoning amendment article to bring to Town Meeting. • The Derby Academy from Hingham had a great tour of Lexington with one of the Town's Tour Guides. Attached is some of the positive feedback we received from the school group. James Malloy From: Carolyn Kosnoff Sent: Thursday, October 6, 2022 2:29 PM To: James Malloy; Mina S. Makarious; Michael Cronin; Julie Hackett Subject: RE: Debt Exclusion Vote for the High School Follow Up Flag: Flag for follow up Flag Status: Flagged I spoke with Bond Counsel about this and we walked through the options which helped put some clarity on this for me. I think the Spring 2024 Annual Town meeting appropriation (FY2025 Budget) of$20M should NOT be contingent on a debt exclusion. We will need to propose a plan that will consist of issuing/rolling short-term notes (BANs)for a year or two before the construction is approved. If construction funding does not get approved,we will be required to pay down any issued notes over the following 5 years. This would certainly be a challenge, but is also unlikely to happen. It"s also unlikely we would issue the full $20M in BANs before the next appropriation occurred. We can outline a contingency budget plan to pay down the notes ® which would likely consist of utilizing some CSF funds. The construction appropriation of(ballpark$380M) can go one of two ways—either have a DE vote shortly before the Town Meeting where the appropriation will be requested (we could even include with the annual election right before Annual Town Meeting, and in that case the TM vote would NOT need to be contingent. OR,we hold the DE vote within 90 days after requesting the appropriation from Town Meeting, in which case the TM vote would need to be contingent on the DE vote passing. Mike,you will need to help us with the design phase timeline & milestones to determine what works best. In either of those two scenarios,the DE vote could be retroactive and would could cover debt service related to all appropriations associated with the project, including the Feasibility and Design phases that occurred years before. Even if the design was bonded before the DE vote, any debt service due after the DE vote could still be excluded from Prop 2 1/2.With careful planning we should be able to minimize the amount of debt service required inside the levy limit to just a year or two of interest expense on the BANs which I think is managable. I personally think the cons associated with having two separate DE referendums (resident&voter confusion, election cost/ etc.)outwieghs the risk that some design will have to be paid within the levy or with reserve funds. Happy to discuss further! Carolyn Kosnoff Assistant Town Manager for Finance Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 781.698.4622 Please note Effective I/I A 9,tl[jie ""I"own Office BuI fl[djirilg wi 11 be operii t 111, 7 p.tiia. on. "'I"tj��vsd�iys and wifil. close i s. Ieew* MsWs "" " 1. bat pflI .'.'I Fir"iddy' hr hw�rigof hou��.i� s &IIIiiy edayndhuIra lohllgat 4 (When writing or responding please understand that the Secretary of State has determined that emails are a public record and,therefore, may not be kept confidential.) From:James Malloy Sent:Wednesday, October 5, 2022 3:08 PM To: Mina S. Makarious<mina@andersonkreiger.com>; Michael Cronin<mcronin@lexingtonma.gov>; Carolyn Kosnoff <ckosnoff@lexingtonma.gov>;Julie Hackett<jhackett@lexingtonma.org> Subject: Debt Exclusion Vote for the High School Mina—As we are preparing the operating and capital budget for the upcoming year,we are including the high school project for the first time in the five-year capital plan (now that we're in the process). As we look at the design and construction funding,we would normally do this in two stages 1-2 years apart depending on the size/complexity of the project. For this project,we estimating the large design appropriation would be at the 2024 Annual Town Meeting (we're estimated $20 million)with the appropriation for debt issuance for construction (for now we're estimating$380 million) at the 2026 Annual Town Meeting. We would want both appropriations to be excluded from our Proposition 2% limit. MGL Ch. 59, §21C(m)(3) states, "no election shall take place later than the September 15 following the date of an appropriation vote adopted at an Annual Town Meeting, or 90 days after the date of the close of any other Town Meeting at which an appropriation vote was adopted...". In the case where we would have two substantial appropriations that would both need to be debt excluded,would we need to hold two debt exclusions elections given the timeframe between the two appropriations or would one vote after the first appropriation be sufficient to cover the entire project? I believe the wording of the question would be, "Shall the Town of Lexington be allowed to exempt from the provisions of Proposition Two and One-Half,so called,the amounts required to pay for the bond issued in order to design and construct a new high school?" Again,the question is whether we could hold a debt exclusion election in 2024 that would cover the design costs and construction costs or would we need to hold one election in 2024 and a second election in 2026? We wouldn't want to wait until 2026, otherwise we could end up with a $20 million debt that was not excluded should the high school appropriation or debt exclusion not pass (not that I anticipate this, but that would be an issue... since I believe that design fees for projects that do not move forward have a borrowing limit of 5 years—Carolyn could probably confirm this...I believe it's MGL Ch.44, §7(21) & (22)). Please let me know if you have any questions or need additional information. I look forward to hearing from you. Thanks. yoi� Jim Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 781-698-4540 www.lexingtonma.gov Please note most «w mm .o-.0 ku io record and consider, mw -miu nting m i IIWAIF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/U/Ulf(4lUlN11WAlF/AIUId/G/Ff4/NlPlflPlP(NAIUIU/U//l!//U/U/Ff4/UlUlflN "en writing or responding,please be aware that the Massachusetts Secretary of State has determined that most email is a public record and, therefore, may not be kept confidential. 2 T1% e&Bond RECM D E5042-307 October 7, 2022 O C T 1 7 202 MP Town of Lexington OWN MANAGERS OFFICE 1625 Massachusetts Avenue Lexington,, MA 02420 Re: Release Notification and Immediate Response Action Plan Submittal Eversource Energy Station 34 Lexington,, Massachusetts Ok MassDEP RTN 3-37651 To Mr. Manz: In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan (MCP, 310 CMR 40.1403),we are hereby notifying you of the filing of a Release Notification Form (RNF) and Immediate Response Action (IRA) Plan for the above referenced Site. On August 8, 2022 at 6:35 PM, MassDEP was notified by the Lexington Fire Department (Lexington FD) of a sudden release of MODF from Transformer 14C, located within Station 34 in Lexington,, Massachusetts. Transformer 14C became over pressurized, and an arc event ignited MODS as it was released from the transformer. Please Note that this letter and the Massachusetts Department of Environmental Protection (MassDEP) form are being provided to you for notification purposes only, and no action is being asked of you in response to this notice. A copy of the Release Notification Form is attached and is available on stesite under files listed for MassDEP Release Tracking Number (RTN) 3-37651. Additional public involvement opportunities are available under 310 CMR 40.1403(9). Should you have any questions, comments or concerns relative to this correspondence,, please do not hesitate to contact the undersigned at (508) 415-3513 or (508) 304-6357, respectively. Very truly yours, TIGHE &BOND, INC. Amanda P. Cantara Gar W. Hedman, LSP roi ct Project Manager S�*oeniopject Manager CC: Joanne Belanger Director of Public Health Town of Lexington 1625 Massachusetts Avenue Lexington,, MA 02420 Enclosures: BWSC-103 One University Avenue, Suite 100 0 Westwood, MA 02090 Tel 781.708.9820 www.tighebond.com anuu.n✓.`mmw?W:,i.a,ua rrta/la7M;r.'maWi'AWiartb fttn..m-. Massachusetts Department of Environmental Protection BWSC 103 . .� Bureau of Waste Site Cleanup Release Trackin RELEASE NOTIFICATION&NOTIFICATION g Number .... .. ...... RETRACTION FORM1,3 3765 r l Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart Q A.RELEASE OR.THREAT OF RELEASE LOCATION: 1.Release Name/Location Aid: EVERSOURCE SUBSTATION 2.Street Address: 4 GRANT STREET 3.City/Town: LBaNGTON 4.ZIP Code: 024200000 5.Coordinates: a.Latitude:N 42.44726 b.Longitude:W 71.22560 B. THIS FORM IS BEING USED TO: (check one) r%7 1.Submit a Release Notification 2.Submit a Revised Release Notification 3.Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant to 310 CMR 40.0335(Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) C.INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): 1.Date and time of Oral Notification,if applicable: 8/8/2022 Time: 06:35 r AM E PM mm/dd/yyyy hh:mm 2.Date and time you obtained knowledge of the Release or TOR: 8/8/2022 Time: 05:45 r A M r PM mm/dd/yyyy hh:mm 3.Date and time release or TOR occurred,if known: Time: r A M r PM mm/dd/yyyy hh:mm Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) 4.2 HOUR REPORTING CONDITIONS 5.72 HOUR REPORTING CONDITIONS 6.120 DAY REPORTING CONDITIONS E a.Sudden Release a.Subsurface Non-Aqueous Phase a.Release of Hazardous Material(s)to Liquid(NAPL)Equal to or Greater than Soil or Groundwater Exceeding 1/2 Inch(.04 feet) Reportable Concentration(s) b.Threat of Sudden Release b.Underground Storage Tank(UST) b.Release of Oil to Soil Exceeding Release Reportable Concentration(s)and Affecting More than 2 Cubic Yards �' c.Oil Sheen on Surface Water c.Threat of UST Release �` c.Release of Oil to Groundwater Exceeding Reportable Concentration(s) d.Poses Imminent Hazard d.Release to Groundwater near Water r d.Subsurface Non-Aqueous Phase Supply Liquid(NAPL)Equal to or Greater than 1/8 Inch(.01 feet)and Less than 1/2 Inch (.04 feet) e.Could Pose Imminent Hazard e.Substantial Release Migration f.Release Detected in Private Well E g.Release to Storm Drain h.Sanitary Sewer Release (Imminent Hazard Only) Revised:07/18/2013 Page 1 of 3 • Massachusetts Department of Environmental Protection BWSC 103 Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number...... ...................... ...... RETRACTION FORM 3 37651 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371(Subpart C) C.INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): (cont.) 7.List below the Oils(0)or Hazardous Materials(HM)that exceed their Reportable Concentration(RC)or Reportable Quantity(RQ)by the greatest amount. F Check here if an amount or concentration is unknown or less than detectable. 0 or HM Released CAS Number, 0 or HM Amount or Units RCs Exceeded,if Applicable if known Concentration (RCS-1.RCS-2,RCGW-1, RCGW-2) MINERAL OIL DIELECTRIC FLUID 0 355 GAL N/A Check here if a list of additional Oil and Hazardous Materials subject to reporting,or any other documentation relating to this notification is attached. D.PERSON REQUIRED TO NOTIFY: 1.Check all that apply: F a.change in contact name F b.change of address E c.change in the person notifying 2.Name of Organization: EVERSOURCE ENERGY 3.Contact First Name: AMOS 4.Last Name: SPENCER 5.Street: 247 STATION DR SE270 6.Title: ENVIRONMENTAL COORDINATOR 7.City/Town: WESTWOOD 8.State: MA 9.ZIP Code: 020900000 10.Telephone: 781-441-8606 11.Ext.: 12.Email: amos.spencer @eversource.com rv- 13.Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release,other than an owner who is submitting this Release Notification(required). E.RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: r Check here to change relationship 170 1.RP or PRP 170 a.Owner E b.Operator c.Generator I—d.Transporter I—e.Other RP or PRP Specify: 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) 4.Any Other Person Otherwise Required to Notify Specify Relationship: Revised:07/18/2013 Page 2 of 3 Massachusetts Department of Environmental Protection BWSC 103 .Bureau o�f`Waste Site Cleanup ► .,, RELEASE NOTIFICATION&NOTIFICATION R.eleasc Tracking Number RETRACTION FORM 3.. 3765^1 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371(Subpart C) F.CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1.1, ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal.1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate,or incomplete information. 2.By: 3.Title: ENVIRONMENTAL COORDINATOR Signature 4.For: EVERSOURCE ENERGY 5.Date: (Name of person or entity recorded in Section D) mm/dd/yyyy E 6.Check here if the address of the person providing certification is different from address recorded in Section D. 7.Street: 8.City/Town: 9.State: 10.ZIP Code: 11.Telephone: 12.Ext.: 13.Email: YOU ARE SUBJECT TO ANNUAL COMPLIANCE ASSURANCE FEES FOR EACH BILLABLE YEAR FOR TIER CLASSIFIED DISPOSAL SITES.YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE.IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Revised:07/1.8/2013 Page 3 of 3 V r � Town o Lexington g Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: October 20, 2022 RE: ARPA Requests As per the discussion at the last Select Board meeting in which ARPA was on the agenda, I have developed a different format and am providing the requests that(in my opinion) are consistent with the Select Board's nexus to the pandemic and the all requests, including those that are not consistent. The following items have been requested that I believe are consistent with the Select Board's nexus: • Economic Development Additional Small Business Assistance for$500,000—this meets the Select Board's goals by addressing the immediate needs of businesses with economic stimulus. • Public Facilities Air Quality Monitoring System for$1,164,900—this meets the Select Board's goals by addressing the immediate needs of public health and safety. • Fire Department Respirator Protection for$40,000—this meets the Select Board's goals by addressing the immediate needs of public health and safety. • Affordable Housing Trust Housing Assistance for $500,000—this meets the Select Board's goals by addressing the immediate needs related to housing. The following item has been requested that I do not believe is consistent with the Select Board's nexus: • Human Services/Transportation Depot Bus Shelter for $57,202—the reasoning for placing this in the category of not meeting the Select Board's nexus is that it doesn't change any transit options, it is solely providing a shelter so it does not enhance the immediate needs of residents and businesses in the areas of housing, food insecurity, public health and safety and economic stimulus and resiliency. By including these, please note that this is not a recommendation, but solely providing the information to the Select Board for consideration. Attached are revised spreadsheets and back up information for the various requests. Additionally, I had indicated that we would start including recommendations on items that may be closed out. To date, I have received confirmation the following items may be closed out: 1625 MASSACHUSETTS AVENUE 9 LEXINGTON,MASSACHUSETTS 02420 • Rapid Take Home Test Kits - $2,13 7 • N95 Masks - $251000 On both of these items, the Town has received an abundant supply from the State. Additionally, the Director of Public Health is requesting that the balance of$28,000 from the Community COVID Testing Events be modified to allow for Community COVID Vaccination Events. If any additional items are confirmed to be closed out by the 10/24 meeting, I will update this list. 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E E L aJ aJ aJ aJ aJ aJ aJ o 0 0 H O O _U _U U_ m N N Ln N cn in cn w LU LU m O O O O O O O m U U E E E 0 LL Z- +- '+! '+! .Z- 'Z- +� a c >, (D co cB cv cB (D c6 t s O O O p m m m m m m m a a s a a a a •> +, +, C C C m U L L L L L L L � O O i 0 Ln O O O C C C C C a a s a a a a O ♦1 N N W W W LL N aA O O txo c . t 4- U 41 N N 4- + a--+ U O C � Q L 4. O Q N O N O r O Ln i^ O V) O N O D O cr cu Ln O H E O O CA 4- Q1 Y 4J L CO N O 00 w 4- U L QJ N QJ (/) N L N V) C m 4.1 U }' +, O Lf) 0- r-I N N 0 O cv L O Q V) rB L N O b.0 U � •L m N m 0 u,III u u u u u Name of Project:Small Business and non-profit assistance Project Cost: $500,000 Department: LUHD Cost Basis: First time for-profit business assistance up to $25,000 Second rounds for profit business assistance up to $15,000 non-profit assistance up to $10,000 Please describe the project: This round of assistance will help businesses that missed applying in the previous rounds and are now looking for assistance. Some of the additional categories of assistance would be to help with a second round of funding if the business is still experiencing losses and is struggling due to Center streetscape and also help with employee hiring stipends. Bertucci's, Maxima, II Casale and Via Lago have all noted the struggle of hiring help. We also are looking to help some non-profits and day-care centers with assistance to reach as many non-profits as possible. Please describe how this meets the Select Board's Nexus with COVID Pandemic: This will continue to help the businesses in the town strive and survive during the winter and post streetscape. This request aligns with the economic stimulus and resiliency for Lexington. Date Submitted to the Town Manager: 10/13/2022 Submitted By: Sandhya Iyer, Economic Development Director Name of Project:Air quality monitoring devices for school and town buildings. Project Cost: $1 .2-$2.3million Department: Public Facilities Cost Basis: We have evaluated 2 separate systems each using 1059 devices each covering all town and school buildings. The costs include the devices and the installation and the costs presented are quotes for the full project. Please describe the project: This project would put monitoring devices into all occupied spaces on school and town buildings. These devices would report back to a public facing dashboard and would inform folks of what is happening on specific locations of their interest. The different systems have the ability to monitor various aspects including CO2 parts per million (PPM), Relative Humidity, Temperature, Particulate Matter (PM 2.5), Total Volatile Organic Compounds, Vape Index, Noise Levels and an Air Quality Index(AQI). The U.S. AQI measures total air pollution and provided benchmarks for healthy values. When AQI exceeds 100, air quality is unhealthy-at first for certain sensitive groups of people, then for everyone as AQI values get higher. The range is 0-500. Please describe how this meets the Select Board's Nexus with COVID Pandemic: These devices provide a regular updated communication tool for staff and parents on the condition of the air quality in the town and school buildings. It directly meets the Select Board's goal of Public Health and Safety. Date Submitted to the Town Manager: 10-17-2022 Submitted By: Michael Cronin, Director of Public Facilities tAOR)V ,mj `AhM 4 I� Verkada-Town of Lexington,MA Town Wide IAQ Sensor Deployment October,2022 Scope of Project • Schools - 10 Sites, 741 Sensors • Town - 8 Sites, 348 Sensors • Total - 18 Sites, 1089 Sensors Pricing Breakdown: Price includes everything for 3 years. There will not be any out of pocket expenses charged to lexington except for physical damages to units and installations. 1089 Sensors MSRP Price Lexington Per Unit Total Price Lexington Total Per Unit Unit Price Savings MSRP Total Price Savings SV11 $1,199 $751 $448 $1,305,711 $817,839 $487,872 Hardware 3 Year $599 $375 $224 $652,311 $408,375 $243,936 Software License TOTAL FOR $179 $1126 672 $11958,,022 $1,226,214 $731,808 HW+ w Software $599 $375 $224 $652,311 $408,375 $243,936 Renewal at year 3 for 3 year license • ENE Install Price: $824 per unit, $897,336 o Includes all labor and cabling 1 o Sensors come pre-calibrated. Any sensors in question can be exchanged the next day, no questions asked. • Cost of PoE Switches TBD Product Overview • Verkada's SVII is an all-in-one sensor for monitoring environmental changes in physical spaces.With a collection of powerful embedded sensors,the SV11 simultaneously measures air quality,temperature,humidity,TVOC,PM2.5, vape,motion,and noise. • The SV11 lends itself to a wide range of use cases. From monitoring air quality to detecting temperature fluctuations, the SV11 offers a new kind of visibility and insight into physical spaces. In addition to monitoring a wide range of environmental changes,the SV11 can detect vaping and smoking events. Schools can monitor vaping and smoking behavior from Command, making it easy to conduct investigations and implement deterrence measures. • Environmental Sensor Dashboards allow organizations to easily visualize, analyze, and display readings across all of their SV11 sensors. o Choose how to aggregate and visualize readings across locations, data types, or time periods. o Combine different data tiles into a single dashboard to stay up-to-date at a glance. o Keep employees, students,and visitors informed of current environmental conditions, such as indoor air quality. • Customized alerts and SMS notification capabilities. Air Quality Index • Verkada's air quality index is calculated from the following formula created by the EPA to measure air quality. o This Air Quality Index is a simple, color-coded, unitless index that is an effective way to communicate air pollution concentrations to the general public. • EPA Reference - Slide 24 2 AQ! PM2.5 Breakpoints Vatue (jjg/M3) =MINIM= ���= +A Kin fmmax— min,_-o _j 15.5 Mobs observed 24-houraveraa concentration mVg/ma pIM=,=maximum concentration ofAQl color category that contains pMObs pmmin =minimum concentration of AQl color category that contains�� mQl~~~m=om"m AQl value for color category that corresponds topMObs mQl= minimum mQI=/"e for color category that corresponds topM~b. License Overview: • No hidden ooato - predictable renewal costs. • lO-yecr warranty on all hardware; next dayRM/\s. � Predictable Total Cost of Ownership that is more cost-effective and straightforward to budget for. • 24/7Beot-(n-o|000, North-American based technical support. • No ongoing maintenance costs. • No ongoing software costs. • Automatic firmware updates. o latest and greatest technology at all times atno additional cost. • Unlimited users, unlimited devices. Professional Services / Onboa • Configuration ofVerkada Sensor Dashboard on public web interface. • Provisioning of all sensors intoVerkada'o Command software. • User/group provisioning. • Unlimited remote web-based training for end users. o Weekly virtual office-hours with your dedicated Account Executive and Solutions Engineer for the first month after deployment. • Integration with Single Sign On provider and Active Directory. • White glove support throughout implementation from dedicated Solutions Engineer for any needs, including consulting with local installers. • Floor plan mapping with recommended sensor placement for all facilities. 3 f„r ;r r I,I�Ii l / 3, r uv in r / „1 r. a ii rr a / H r i , rig^,,,� /i. G /, ✓ ✓i �'�u�l�l r I I 6 n-. ill 7,77 V, � l,( �� . 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P t I� 'N �I'Y r fi yr 1 0 f I / I /I AroundWHY SGS SMARTSENSE? rdeploying SmartSenseSGS • Investigating known or suspected air quality issues, in both indoor and ambient KEYFEATURES environments, including: 9 Continuous monitoring with — Vapour intrusion studies readings every minute — Fenceline monitoring studies Interchangeable parameter • Supplementing traditional and regulatory defined monitoring methods with configuration—unlimited selection continuous monitoring data of site conditions of air quality parameters in addition to temperature,humidity and • Remotely and automatically capturing physical samples for lab analysis based pressure(standard sensor board on continuous data trends,when combined with the SGS SmartSampler accommodates up to 6 air quality • Providing a hyper-local network of monitoring points across an urban area sensors,expansion board allows for real-time assessments of air quality within Smart Cities programmes limitless configurations) Ability to integrate SGS SmartSense data into third-party applications with API data feed Capture validation samples for accredited lab analysis with the SGS SmartSampler,an integrated sample initiation system CLOUD PLATFORM FEATURES • Access,analyze,download sensor data at anytime,anywhere in the world via any connected device • View device locations on a map and see the latest real-time data feeds via SmartSense LiveView • Customize sensor alarm thresholds to be notified via text and email • Take autonomous grab samples when paired with the SGS SmartSampler SPECIFICATIONS'SENSOR Temperature °F or°C -20—130OF +/-1 degree Thermal Substrate Humidity % 0—99% +/-2% Conductivity Pressure hPa 950—1050 hPA +/-1 hPa Silicon Pressure Ammonia ppm 0—100 ppm +/-0.5 ppm2 Electrochemical Nitrogen Dioxide ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Sulphur Dioxide ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Ozone ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Carbon Dioxide ppm 0—5000 ppm +/-40 ppm Nondispersive Infrared Carbon Monoxide ppm 0—50 ppm +/-100 ppb2 Electrochemical Hydrogen Sulphide ppm,ppb or pg/m3 0—20 ppm +/-50 ppb2 Electrochemical Nitric Oxide(NO) ppm,ppb or pg/m3 0—5 ppm +/-15 ppb2 Electrochemical Hydrogen(H2) ppm,ppb or pg/m3 0—150 ppm +/-600 ppb Electrochemical Hydrogen Peroxide(H2O2) ppm 0—3 ppm Inquire Electrochemical Volatile Organic Compounds(VOC) ppb or pg/m3 0—20 ppm +/-50 ppb2 Photoionization Detector(10.6 eV) eq.isobutylene Particulates(PM1,PM2.5,PM10) pg/m3or mg/m3 0—2000 pg/m3 +/-4 pg/m3 Optical provided :w 1, "Spe lfl�.,ation�,Mlle gl,l��ranfa'.��l,l^��� ;) compound present, �.1�.,."�'"1��,�1��l�l� 't',1,,.�.,�1, ill.;��`��lly�l"sl� l�l lla�¢° �,�',l��l�'ll�l�,�;"�"l�l����1�� �ll�,�,���.lid '1�, "�wlf l)cal;lonls as s oti,"'n Gil.,.II../.."70%o..,c11;c"lltl'�'�b"l"1 whichever is, "l"d?,9tel'". POWER OPTIONS COMMUNICATIONS • Mains power(100-240 V 50/60 Hz) e Cellular SIM module e Other • External battery(supports any voltage) Wi-Fi e External 3G/4G hotspot • Solar panel Ethernet IoT networks(LoRaWan,Zigbee,Sigfox,etc.) LIVE VIEW SGS LIVE VIEW WITH SMARTSENSE: THE VISION OF DATA SGS Live View is an intuitive,SQL-compliant web based relational database application designed for environmental professionals and managers who need to assess and manage streaming real time environmental conditions,analytical data at one or more sites. SGS Live View software helps you organize and assemble both historical and current data streams into a single,accurate data set. Once the data passes our electronic verification process and is imported, users can view,query or import/export their data from various physical locations.With your existing internet access,a database filled with accurate, up-to-date environmental data can be shared among your organizations users no matter where they are located or what hardware/software configuration they are using. Live View has the unique capability to efficiently manage up to four levels of analytical data quality to obtain the most reliable data. SMARTSENSE-LIVE VIEW SGS LIVE VIEW IS THE BEST FIT FOR SGS LIVE VIEW PROVIDES. COMPATIBILITY GIVES YOU YOUR APPLICATION IF ® e Text and email alerts for data set THE LONG VIEW * Need a single location for real time point exceedances SmartSense is easy to install and and collected environmental data 0 Faster application deployment and connects automatically to Live View to 9 Want a single view of environmental trouble-free upgrades view your data with drill-down features status of multiple locations and Access from anywhere,anytime so you can see exactly what's going monitors with just an internet connection on at each sensor,location or region. Access public environmental data in Enhanced security and redundancy Easily get air quality profiles,downloads, conjunction with your own private warnings and reports. It can remotely data(comparative analysis) Best of all,SGS Live View can be or automatically use pre-set triggering run from virtually any operating Looking at manually recording or s stem latform (i.e.,Windows, concentrations,actuate switches that datalogging multiple devices in y p control sampling pumps,whole air Macintosh, Unix,etc.)and keep all multiple locations for extended time of our critical environmental data solenoid valves and other electrical periods(savings can be extreme) y devices.And you can manage it all from literally a "click" away. any connected computer. Want Quality Checks applied to data to ensure accuracy and validity or sensor failure Desire the largest third-party certification and testing company in the world on your team. , UIVENEW f, /i�1�»rldJrrrnu,�rstUk�m%" ;,rr` r , Igri,wl % 1 ,V I r I r li '����dy �r✓ymr""�,iriWr'w"�a iutl' �If D Wu'` / 1ko,10J.-.......1 4r p / ,rrr!m ri✓off r urn d�rcr IJ Amr e✓a aw, J 4 J yr I combinedSGS SMARTSENSE AND AW SGS SMARTSAMPLER SGS SmartSense can be i the SGS SmartSampler to capture validation analysis.samples for laboratory Sampling is initiated automatically,based on data-driven air quality events (e.g.above threshold concentrations),or it can be triggered remotely by an engineer. SYSTEM FEATURES • SGS SmartSampler can be configured to: — Collect an instantaneous air sample with a Summa Canister — Initiate a pump system to collect a time-delineated sample • Trigger levels can be defined for multiple parameters and can be duration weighted e. .trigger a sample when g g gg p °iil,tii��t`i,, uuuuuuu' IIIIIu.,,. the concentration exceeds 1000 ppm for 30 minutes • Samples can be initiated: — Automatically based on pre-defined trigger criteria — After client authorisation—the system sends an e-mail to the client when exceedance criteria are met,client logs into dashboard, reviews live data and can then remotely trigger the sample collection " • • j/'///ij;UI 1 Samples can be retrieved by a local technician,with the replacement of new I , sampling media,and the samples are dispatched to an SGS laboratory under a standard CoC r U 1111111 % iuiuiuiilu 111 Imil muoul aeWII u„ a ^INI ���� (A' NAlsllh�� ���Iomnmmu uuu ���� Investigatingi tr i ISSUE SOLUTION RESULT Complaints of hydrocarbon odors in Installation of SGS SmartSense unit Three validation samples collected gas station shop building,with toilet with SGS SmartSampler for one for lab analysis during the month, plumbing identified as a potential month.VOC trigger alert set at 600 and they all clearly indicate that pathway. Previous on-site inspections ppb to send e-mail alert to an engineer hydrocarbon related vapors are present failed to align with an odor event,and who reviews data online,confirms Confirmation that vapor intrusion is installation of Photoionization Detector with shop staff that cleaning is not in occurring and site progressed to a (PI D)could not distinguish between progress and can then remotely fire a remedial action plan. possible vapor events and regular validation sample. cleaning schedule. / sn<rcutiwrur I,JJIf I �//�j �//r ✓ �j, fl� r.�� /G/ �j:;,,,,o„ �r I, r/ / rr r r r , r r �,„,,,,.,,�ll r �,„r,0/p ,1/„/,' n r/r/i ., ,.,,,, i��// nr<r%„�l//,i ✓.r,�, �� t/lA IJI/1 ,..,,,, „l�'" - ✓. r' „,..,, l�tf/nu W ppc /' ili�ill'�I'`'fII'�Wi�ilVi��IYllll'IUIIJpu7V�iflillll+II�II14 f � I I,I�fI r�r uM I ww v N r t rK. r1�JI��N11U1 r '+ems f r//t/��d/rr«lrr»r/rLi�/�///; r /i � m%)rr „,,,,//�ir`��lr/rr ar """"*-"°^lj„,„, ✓iv/%//"r,�/�1 pJ�I��I�����I�1 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillI IIIIIBi mui uuuuuuuu p nn 0 P E R AT E I N T H E "Wl��nal 1�Ilmuu!� Vnu�u uaa uuuuuuu,S 0 uuuuuuuu iuu luuuuumr.. ou II VALUE IIII TO SOCIETY Responding to global drivers,our services add significant value to our customers and stakeholders,so they can add exponential value to theirs.We do this by empowering smarter long- term decision-making throughout entire supply chains. Present in every region around the globe,we provide innovative solutions for every part of the environmental industry. Our dedicated network of global and local offices is highly flexible and focused on meeting our customers' needs irrespective of the scale of the project. We have won a number of awards for our own sustainability performance, as we try to lead by example and demonstrate our deeply held belief that business success and creating value to society go hand-in-hand. We c&i,. IIh EflI I,.)yo°,.� cI[ii`c �I[i e s&'I i : :u.,u II o II e III o sII t ii (,�.U`,`�I s,I:(:),cirri L kDn-n,gNhIg you a(.1.0 n,.1,.)III e bi V::live ad a ii, a g e 1 II 1 6I II,ii ire o u u geL,&in i slay, li T u u II iI TO FIND OUT MORE ABOUT SGS ENVIRONMENT HEALTH AND SAFETY SERVICES CONTACT IIII IIII INVS C II III A IIIC°� @S G S ii C 0 IIIII WWW,,�,S G GXIIII S)IIIII C 0 IIIIlkfi S IIII11fi A IIIl IIII""S IIII IIII , IIIII I'�° �U 1 r/ I. 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O uuuuuum uouum uuuuuum uuuuuum um uuuu uuuuuum uuum uuuuuum Fire Department and Emergency Management Respiratory Protection Name of Project:Pl'Oj2Ct Project Cost: $4 0)0 0 0 Department: Fire Department / EM Cost Basis: PSE-01 State Bid list Please describe the project: This project funding would allow the Fire Department the ability to test respitory face mask seal compliance yearly to assure the proper fitting of self contained breathing apparatus (SCBA) and N95 masks. This testing could be used for any town department that needed testing and or fitting. Additionally it would provide a MSA face assembly adaptor and multiuse Optifilter canister cartridges that can be affixed to our current SCBA face pieces. This would provide an assembly to each firefighter and additional inventory cache issued through the Emergency Management. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The ability to test for proper respitory protection and a more durable respiratory filtration system would allow firefighters to be properly protected when dealing with Covid-19 patients, unknown respiratory irritants, and future respiratory attacking viruses. The level of filtration can be scaled to the proper level needed for the threat. This has a direct connection to the Covid-19 pandemic and preemptively going forward to address the public safety needs. Date Submitted to the Town Manager: 10/19/2022 Submitted By: Chief Derek Sencabaugh u III u u u u u Name of Project: Pre-funding the Affordable Housing Trust Project Cost:$500,000 Department: Cost Basis: The request is to pre-fund the Affordable Housing Trust, for the purpose of accumulating funds to enable the Affordable Housing Trust to act upon future affordable housing opportunities. Please describe the project: These funds would help prefund the Affordable Housing Trust (pending approval at the Special Town Meeting). Please describe how this meets the Select Board's Nexus with COVID Pandemic: Per the final Treasury rule - SLFRF-Final-Rule-Overview.pdf (treasury-gov) —Treasury presumes that Low- or-moderate income households or communities are impacted by he pandemic, by nature of them being low and moderate income. And the housing that he Trust aims to create serves this population. So directly serves those impacted by COVID. Date Submitted to the Town Manager: 10/20/22 Submitted By:Kathryn Roy, chair of the Affordable Housing Trust Study Committee u III u u u u u Name of Project:Bus Shelter Depot Square Project Cost: $58,000 Department: Transportation Services/Human Services Cost Basis: This project started with a focus on acquiring a bus shelter for Depot Square.It is our understanding that the Select Board would like to review 5-7 locations for bus shelters in the process of reviewing the one for Depot Square.Detailed costs for a bus shelter at Depot Square has been provided by a contracted landscape architect for which we used TNC funds to pay for her services.We have attached a list of other possible locations that have been reviewed with Engineering,and while we can use the Depot shelter estimate as part of our cost basis,other locations may require easements or other considerations as noted.We did not include a bus shelter on Worthen at the high school due to the upcoming high school building project and also the Bus Network Redesign project which may or may not move bus service off Worthen Road,though bus shelters at the high school would be ideal. In addition to the budget attached,as an additional reference point,the Town of Bedford budgets approximately$40K per bus shelter,but they are using a bus shelter that is less costly than the one approved by Lexington HDC,and costs have risen.The shelter for Depot Square is estimated to be$57,202 and this budget is attached. Please describe the project: On 8/4/22,the Historic Districts Commission(HDC)granted a Certificate of Appropriateness(COA)for the installation of a Brasco brand bus shelter at Depot.The Transportation Advisory Committee(TAC_is seeking funding for the installation of a bus shelter at the MBTA outbound Depot stop at Emery Park/Depot Square.This location has the highest daily average of onboarding in Lexington for buses traveling outbound from Alewife.The shelter will not interfere with the view of the Historic Depot.While this shelter would directly serve riders of the MBTA,it will also assist those waiting for the REV and Lexpress.In addition to being approved by HDC,the shelter was also approved by the Commission on Disability to meet their standards for accessibility(COD).The Tourism and Center Committees also granted their approval. Bus shelters are at the intersection of climate change and social justice.Mass transit,particularly bus transit,has historically been underfunded and had less attention than other transportation services as bus ridership trends to be low-income people,people of color.Seniors and youth are also key demographics for public bus ridership. "A bus shelter is not a luxury;it provides a basic level of comfort and dignity to people waiting for transit."(Transit Center)https://transitcenter.org/publication/sorry-to-superb/#introduction A lack of bus shelters minimizes ridership.Given that the Vision for Lexington Study has shown that in the three most recent surveys,residents are concerned about traffic congestion, along with concerns about emissions,we need to do all we can to further encourage use of the transit assets we already have. TAC and the Transportation Manager,Susan Barrett,have met with John Livsey and Dave Pinsonneault to review the Depot Square location,and through their suggestion,we worked with Eden Dutcher of Groundview Design on the schematics and budget.TAC and Susan Barrett then completed site visits with John Livsey and Ross Morrow of Engineering to review additional bus stop locations. Attached please find: -Memo from TAC -Presentation to HDC -Budget estimate for Depot Square shelter -Quote from Brasco for one bus shelter that matches HDC and COD requests -List of other potential bus shelter sites -Guidelines for Age Friendly Bus Stops Please describe how this meets the Select Board's Nexus with COVID Pandemic: Many of our essential workers depend on transit to get to/from work.Our Transportation Services staff have communicated with residents who needed to commute to their jobs at grocery stores and medical offices throughout the pandemic.As an example,Matthew,a Lexington resident with a disability,had to catch the MBTA at the Depot to his job in Bedford during the pandemic where he worked in-person in essential services.We know that those working in lower wage jobs,such as in grocery stores,home health care,child care,etc. have to rely on transit.ARPA funds should be used to assist those who suffered the most throughout the pandemic,and low-income people and essential workers depending on transit certainly fall into that category. The Centers for Disease Control(CDC)views public transportation as having significant health benefits: https://www.cdc.gov/policy/opaph/hi5/publictransportation/index.html The Town of Bedford's Public Health Department helped spearhead the installation of shelters in their Town due to the correlation with public health.The Town of Lexington is also striving to be"Age Friendly."On the attached,you will see that bus shelters with benches are key amenities for being Age Friendly. Lexington residents have continued to voice their opinion on a need for a more vibrant Center.A more vibrant Center takes shops, restaurants,and more,and employees in those businesses often cannot afford to live in Lexington and may not be able to afford cars.We can at least offer them bus shelters to enhance their commute.We know our Center businesses and businesses elsewhere were hit hard by the pandemic,and making it easier for them to attract employees and enhance their bus commute is one small thing we can do.As the Town seeks to add future development,and other activities that will add traffic to roads(i.e.250th celebration),we need to do all we can to reduce travel by cars and encourage alternate modes. It is a matter of public health,economic development,social justice and is important for meeting our climate goals. Date Submitted to the Town Manager: 10/18/2022 Submitted By: Susan Barrett, Transportation Manager To: Select Board, Town of Lexington From:Transportation Advisory Committee (TAC) Pamela Lyons, Co-chair Date: October 10, 2022 Re: Bus Shelter at MBTA Stop in Emery Park/Depot Square On August 4t", 2022, the Historic Districts Commission granted a Certificate of Appropriateness (COA) for the installation of a Brasco bus shelter at Depot Square. "A bus shelter is not a luxury; it provides a basic level of comfort and dignity to wa waiting for transit." h : tr n i nt �r. r utj i tin riirpeople g - ,,,,,, ,fir ,iii ii ,ilr ,,,,,, ,,,, iii ii rl The Transportation Advisory Committee seeks ARPA funding for the installation of a bus shelter at the MBTA stop (outbound) in Emery Park/Depot Square. The bus stop is moving to the left-hand side of this block as part of the Streetscape Project. This location has the highest daily average of onboarding in Lexington for buses traveling outbound from Alewife. The shelter will not interfere with the view of the Historic Depot. Bus shelters are the intersection of climate change and social justice. Historically mass transit by bus has been underfunded and under "paid attention to" at all levels of government because bus ridership trends low-income and people of color. Shelters provide an important amenity to all riders, especially seniors, transit dependent riders, and differently abled users. Bus shelters put into action Town Meeting's essentially unanimous votes in favor of Article 30's Full Inclusion Resolution ("to consider the rights and needs of those with disabilities in all town decision and planning processes.") (2021 ATM) and Article 29's Declaration of a Climate Emergency (2020 ATM.) Shelters also encourage increased usage of mass transit. In fact, "better amenities increase ridership and the most important amenity that factors in with higher ridership is shelter." us stop amenities and their relationship with ridership: a transportation equity approach Matthew R. Talbott http://libres.uncg.edu/ir/listing.aspx?id=7532 . Lack of a shelter minimizes ridership. The funding for the redesign of Depot Square in the early 2000s came from the Department of Transportation pursuant to the Town of Lexington's application to the Metropolitan Area Planning Council for a "Transportation Enhancement Project." Lexington's proposal specifically called for "a shelter/gazebo (to be) added to serve both transit users and public celebration needs." The proposal described the "current role of the Depot Square as a transportation depot" and goes on to state "the project is designed to enhance ... existing transportation services in a manner that will improve (users') experience with regional and local alternatives to single occupant automobiles." (Proposal for Depot Square/Emery Park Transportation Enhancement Project, p.2.) Lexington's proposal was approved and the funds were used to create Emery Park/Depot Square as it is today. In other words, Lexington promised to install a bus shelter, took the money, but failed to install that bus shelter. At its hearing on January 61", 2022, the Historic Districts Commission informally supported the installation of a bus shelter. A member of the HDC was tasked with identifying shelters for discussion at a future meeting that would comport with comments ("sleek and modern") made by the commissioners. A bus shelter in this location can be used by riders of the MBTA, Lexpress, The Rev and literally everyone else. It is important to note that MBTA bus drivers slow down, pull over and stop only if passengers are visually present at the stop as the driver approaches. As a practical matter passengers cannot wait in another location for the bus to pick them up. A bus shelter in this location will not interfere with the sightline of drivers turning left as they exit Depot Square. That Depot Square today is still a depot, serving three different transit lines (the MBTA, Lexpress and The Rev) is something to be celebrated. Currently, there is no place in Depot Square to sit in a sheltered location while waiting for a bus. Because Lexpress and The Rev stop and wait for five to ten minutes it is possible for those riders to wait in a shelter at the MBTA stop. As stated above, MBTA riders must wait at the MBTA stop. Between the three bus services there are approximately 131 to 134 people each weekday who could use the shelter. Onboarding statistics: MBTA: 21 daily (this number is depressed by Saturday's reduced bus service) Lexpress: 64 (there are 257 average total Lexpress weekday boa rd i ngs) Susan Barrett, Lexington's Transportation Manager, estimates that 25% (64) of the boardings occur at the Depot. Lexpress keeps track of onboardings by route, not location. The Rev: There are 46 to 49 average weekday onboardings. All statistics are from 2019. Prior to the August 4t" hearing at the HDC, Susan Barrett and I met on site with John Livsey (who had reviewed the specifications provided to the HDC) to discuss the siting of the shelter. Mr. Livsey indicated his support of that location. I have also brought this proposal to the following committees: Center Committee: six in favor, zero against and one abstention Commission on Disability: unanimous in support Tourism Committee: two in favor, zero against and three abstentions We urge the Select Board to support the installation of a bus shelter in Depot Square. TAC will also take steps to have the Town adopt the shelter approved by the HDC as a design standard for other shelters that might be installed in Lexington. We thank the Town Manager, Jim Malloy, for providing funds for the application fee to the Historic Districts Commission and for the visual renderings required by the HDC. 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Published January 2022 Age-Friendly Bus Stops: Creating Bus Stops for People of All Ages The purpose of this document is to act as a resource to equip communities with information and ideas to transform bus stops to be age-friendly. Why Do Age-Friendly Bus Stops Matter? • The Commonwealth of Massachusetts joined the Age-Friendly movement as an Age-Friendly State in 2019.The Age-Friendly movement was founded by the World Health Organization and strives to create spaces that benefit people of all ages and abilities. • Almost a quarter of cities and towns in Massachusetts are designated Age-Friendly by AARP and numerous others are engaged in Age-Friendly initiatives. Communities are recognizing the importance of creating Age-Friendly physical environments,which includes transportation options. Furthermore, many communities have also signed the Dementia Friendly Pledge, demonstrating their commitment to making their community a welcoming place for people living with Alzheimer's or dementia and their caregivers. • Why bus stops?While transportation infrastructure and services investments are being made broadly across the Commonwealth, bus stops are an easy place for a local community to start and make an incredible impact on residents.A study by the University of Utah'found that bus stops that were equipped with a shelter, bench, and adjacent sidewalks dramatically increased ridership. Accessible bus stop design encourages use of the bus service—but it also creates public spaces for respite and social connection, provides weather protection, improves walkability for pedestrians of all backgrounds and abilities, and with artistic design can enhance the neighborhood aesthetic. What is an Age-Friendly Bus Stop? Things to consider when creating an Age-Friendly bus stop: 0 Bench and shelter: Is there a place for people to sit? Is there a covering to protect people from the weather? Benches can be a deciding factor in taking the bus for older adults, so adding non- segmented benches at and between bus stops can increase ridership. 2 Accessibility: Is the bus stop accessible? Does it accommodate someone with a wheelchair,stroller, or grocery cart? Does it accommodate people with a range of cognitive abilities, including people living with Alzheimer's or dementia? Is there sufficient lighting to allow for use during evening hours or inclement weather? 2 Maintenance:Are crosswalks leading to bus stops properly maintained? Is there snow removal around the bus stop?Are there trash cans provided at the bus stop? 2 Walkability:Are there crosswalks and traffic lights nearby? Is there an accessible sidewalk connecting the bus stop to surrounding neighborhoods?Are the road and sidewalk clearly marked to provide safe street crossings that protect residents who may be traveling to the bus stop? 1 IMPACTS OF BUS STOP IMPROVEMENTS,Department of City&Metropolitan Planning,March 2018 Itt u mircaca ��tallae -content Iloas Mites 2015 12 U,..-1 �0 ,...,lir acts-of-Is-Sto Im iro�eirents� f i..... .................................................. ....................................................................... .............................................................................. .......... ......................................................................... ......... ..................................... .................. ............................................................................................. ................................................................................................................. .......................... .....................................................................................i................ 'ii'ml n'V°lVll�Illuuuuiilili jai ��I u r H EALTH Y AG I N G fan""'iLiTy A0,11, ' " alkBoso 6 T r Published January 2022 C1 Signage: Is the bus stop clearly marked?Are there wayfinding signs indicating distances to nearby destinations and landmarks?Are bus routes and schedules posted in large print? C1 Art and other community features: Is there a creative way to heighten awareness and celebrate the bus stop to increase foot traffic?Are there local partnerships (e.g., artists, businesses, schools, or service organizations)that may contribute work? How Do I Create an Age-Friendly Bus Stop? • Plan and learn. If you do not already know which bus stops require improvement, do a bus stop assessment(or audit). An audit is a great way to get community members involved in determining where and how to start. • Once you choose a bus stop to upgrade, identify who owns the bus stop. Is it the transit authority?The municipality?A combination? Meet with them early in the process to determine if they already have plans to upgrade the bus stop, if there are ways you can partner with them,or what needs to happen to make the upgrades. • Identify potential partners. Bus stops impact all of us, and there are many partners to tap for assistance and support. Examples include: o Transportation service providers (e.g., MBTA or Regional Transit Authority) o Municipal government(e.g.,Town Manager/Mayor, Department of Public Works, Council on Aging) o Regional planners o MassDOT for bus stops located on state roads o Local businesses and artists, service organizations,faith-based communities,schools and universities, and other organizations that may be willing to provide volunteer hours, pro- bono support,or expertise • Engage the community.Actively seek input and participation from community members representing diverse voices and perspectives.Age-Friendly bus stops mean design that benefits people of all ages and abilities! • Budget and Financing. Create a budget for upgrades to the bus stop, and work with partners to apply for grants and plan creative financing strategies. • Communicate. Make sure to share regular updates with the community. • Celebrate.When you complete upgrades, celebrate your success with a community celebration, press release,etc.to raise awareness and thank your partners and funders. Potentially Helpful Resources: Please visit this resou..... r ,to access more information, resources, and examples to help further your .......................................................................... ..... community's Age-Friendly bus stop efforts. If you have questions or want to speak to someone about how to get started in your community,or are interested in the Age-Friendly movement generally,please reach out to James Fuccione,Senior Director at the Massachusetts Healthy Aging Collaborative:James.F i ...... n h I h yin . r J f u VVIII w � NOBILiTy walkBostodT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII QUOTE Quote Number: 091422R1 Quoted for:Ground View Design Quote Date: September 14,2022 Eden Dutcher Quote Expiration: 30 Days from Quote Date (617)548-9688 Return to: iriley(@.brasco.com brasco.com EdenDutcher@groundviewdesign.com PREPARED BY PROJECT NAME PAYMENT TERMS(WITH APPROVED CREDIT) LEAD TIME Ian Riley Eclipse Series Structure 50%Deposit;NET 30 Days ±24 Weeks from Approvals TY ITEM DESCRIPTION UNIT TOTAL PRICE 1 EC-0508-F-0-SL-AC-TG-0-0-0 5'x 8'Eclipse Series Aluminum Structure $141325 $147325 Three-Sided;Full Rear and Side Walls with Open Front Traffic Black Powder Coat Painted Aluminum Finish-RAL 9017 Sloped Roof with Blade Rafters and Clear Acrylic Glazing 3/8"Clear Tempered Safety Glass with Ceramic Frit White Safety Dots Spun Escutcheon Covers Included for Columns and Sill Support 1 BE-CL-4-2-3-2 4'Curveline Bench with Two HDPE Seat Slats,Three Seat Dividers,and Two HDPE $950 $950 Backrest Slats Traffic Black Powder Coat Painted Finish,RAL 9017;HDPE Color TBD Subtotal Freight Included Total This is a quotation on the above products listed and is subject to the conditions noted below.Prices are subject to change after quote expiration date. Payment terms are subject to change per Brasco's Financial Credit Approval Process. *Structural Engineering with Stamped Drawings and Structural Calculations are not included in this quotation and are an additional $975, per shelter type, if required. *Concrete Pad Design and Analysis,if needed,is an additional$500. Offloading shipments is the responsibility of the customer.Please note that a forklift with 8'forks is required unless otherwise noted in writing;all anchoring hardware is included. Lead time begins after all approvals including drawings,color selections,applicable deposits,etc. Our lead times have temporarily increased due to COVID-19. Our production team is doing everything possible to return our lead times to normal.Thank you for your understanding and patience. Signature of Acceptance* Date Print Name Title *The above prices,specifications and conditions are satisfactory and are hereby accepted. Brasco International,Inc.is authorized to proceed with the supply of products as noted. Brasco International,Inc.is a vendor and not a contractor or subcontractor. Brasco International,Inc.is not subject to any paym ent retainage or liquidated damages.All Brasco standard terms and conditions of sale apply. e FII°-ianIII You If°°:er Your I usliness 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 www.BRASCO.com IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII�II IIIIIIII IIIIIIIII II IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brasco International,Inc.("Brasco")Standard Terms and Conditions of Sale The Brasco International,Inc.Standard Terms and Conditions of Sale("Terms and Conditions")are incorporated herein by reference and form part of this agreement. This quota- tion shall be valid for 30 days unless otherwise withdrawn by Brasco prior to Purchaser accepting. Purchaser's issuance of either a purchase order or an acceptance shall consti- tute an acceptance of the Brasco Terms and Conditions. Acceptance shall be in writing. Any additional terms or modifications to the Brasco Terms and Conditions proposed by Purchaser,whether in a purchaser order or otherwise,are expressly rejected by Brasco and not part of the agreement between Brasco and Purchaser. The agreement between Brasco and the Purchaser shall be referred to herein and in the Brasco Terms and Conditions as the"Contract". This quote constitutes an offer to sell products and services on terms expressed herein and shall be construed as inviting acceptance from the Purchaser. Terms of Payment. Notwithstanding anything contained herein,payment shall be due in accordance with the terms of Brasco's Acknowledgment("Acknowledgment"),which will be generated upon receipt by Brasco of the Purchaser's signature on the Quote or receipt by Brasco of the Purchaser's signature on the Acknowledgment. An invoice will be gener- ated by Brasco pursuant to the terms of payment under the Contract once Brasco has completed the Order,and the due date for the payment of balance due under the Contract shall be on the invoice. Warranties. Components not manufactured by Brasco shall be covered by their relevant manufacturer's warranty only. Brasco Products must be installed in accordance with Brasco's installation instructions. The workmanship,design and machined components on the Products are warranted to conform to the applicable specifications and to be free from defects in workmanship and materials for the relevant period listed in Fig.1.Any modifications or aftermarket additions to the original equipment voids all applicable manufac- turers'warranties.All warranties begin from the date of delivery(DOD). Brasco will transfer ownership and good title to the Products free and clear of liens and rights of third par- ties.THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EXPRESS OR IMPLIED,ARISING BY LAW OR CUSTOM,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ALL IMPLIED WARRANTIES ARE HERE- BY EXPRESSLY DISCLAIMED. FIG.1:STANDARD PRODUCT WARRANTIES FROM DATE OF DELIVRY General Product Workmanship 1 Year Powder Coat Finish 1 Year Solar Panels 1 Year Per Manufacturer's Warranty Solar Lighting Mounting Hardware 1 Year LED Light Fixture&Engine 1 Year Wire Harnesses and Connectors 1 Years Solar Charge Controller 1 Year Solar Batteries 1 Year *Sealed lead acid batteries will self-discharge in storage.Batteries should be stored indoors at a recommended 68 degrees Fahrenheit for max.shelf life.Batteries should be installed no later than 3 months from delivery or the battery warranties will be void. Limited Remedies. Any warranty claims by Purchaser shall be communicated to Brasco in writing. Failure by Purchaser to give written notice of claim within the stated warranty period shall be deemed an absolute and unconditional waiver of Purchaser's warranty claim. Purchaser's sole and exclusive remedy for a valid warranty claim is either repair or replacement of the Products or a full refund of the price paid by Purchaser for the Products(which remedy shall be selected by Brasco).The remedy does not include the cost of installation,removal,dismantling,or reinstallation and is limited to replacement parts. Shipping and handling fees are not included under warranty terms and are the responsibility of the Purchaser. Purchaser will provide Brasco with access to all available warranty data and the Products. Purchaser will also provide Brasco with an opportunity to participate in root cause analysis performed by Purchaser concerning the Products. Brasco shall have no liability to the extent Products are or have been:(a)modified by Purchaser or a third party;(b)modified by Brasco at Purchaser's request;(c)made to specifications not provided by Brasco;(d)used or installed in a way not known to Brasco or operated under condi- tions not known to Brasco;or(e)subject to misuse,abuse or improper storage,installation or maintenance.Brasco cannot be held responsible for components that become obso- lete. Payment Late Charges,Certain Remedies and Recovery of Expenses. Except as otherwise provided in the Acknowledgment,all payments are due thirty(30)days from the date of Brasco's invoice and shall be paid in United States currency. Purchaser shall pay a charge equal to the lesser of(i)the highest rate allowable by law or(ii)1.5%per month (18%per annum)of the unpaid balance with respect to any late payments.In addition,Purchaser shall pay all costs and expenses incurred by Brasco,including actual attorney's fees,which were incurred in connection with enforcing the Contract and/or collecting any past due payments.Brasco shall have the right of setoff,the right to terminate the Contract and/or the right to suspend further deliveries under the Contract and/or other agreements with Purchaser,the right to recover damages in addition to any other remedies available to Brasco as a matter of law,in the event Purchaser fails to make any payment when due.Brasco may require full or partial payment in advance of shipment if,in Brasco's opinion,the credit or financial condition of Purchaser is,or is about to become,impaired.If Purchaser requests delayed shipment,Brasco may bill for Products when ready for shipment and charge reasonable daily storage fees.Purchaser shall not have any right of setoff against Brasco.The remedies available to Brasco for Purchaser's breach are intended to be as flexible as permissible and cumulative to the fullest extent permissible and no choice of any one or more remedies is intended to constitute an election of remedies which would limit the ability to assert other remedies. 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIOIIf IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II�I(II IIIIIII IIIIIIIII I IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brasco International,Inc.("Brasco")Standard Terms and Conditions of Sale Limitation of Liability: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,EXCEPT FOR BREACH OF OBLIGATIONS OF CONFIDENTIALITY OR MISAPPROPRIATION OF I NTELLEC- TUAL PROPERTY,NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL,INCIDENTAL,INDIRECT,CONSEQUENTIAL, PUNITIVE,OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE OBLIGATIONS UNDER THIS CONTRACT. THE TERM"CONSEQUENTIAL DAMAGES"SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL. NEITHER PARTY MAY BRING ANY ACTION,REGARDLESS OF FORM,ARISING OUT OF TRANSACTIONS UNDER THE CONTRACT,MORE THAN TWO(2)YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO BRASCO'S MISCONDUCT,the parties agree that the total damages that can be awarded in any claim by PURCHASER relating to BRASCO's obligations under this CONTRACT(WHETHER BASED IN CONTRACT,TORT OR OTHERWISE),shall not exceed the combined total of amounts paid by PURCHASER to BRASCO under the CONTRACT. THE PARTIES EXPRESSLY AGREE THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT PURCHASER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Cancellation. A.Purchaser may cancel an order for"Convenience"via written notice to Brasco within 5 business days from the date of receipt by Brasco of the Purchaser's signature on the Quote or receipt by Brasco of the Purchaser's signature on the Acknowledgment and no cancellation fee shall be due Brasco. Cancellations of orders for reasons other than for Convenience as referred to above must be in writing and agreed to in advance by Brasco. Such cancellations are subject to a cancelation charge equal to the great- er of the actual costs incurred by Brasco during the performance period or a 50%cancellation fee. Shipping and Delivery. Brasco shall not be liable for delays or failure in performance when caused by circumstances beyond Brasco's reasonable control. If Purchaser does not provide shipping and routing instructions,Brasco shall be the sole judge of the best method of routing shipment.All sales of Products are F.O.B.Brasco's plant.Risk of loss of the Products shall transfer to Purchaser upon delivery of the Products to the common carrier. Modifications and Delays. Brasco reserves the right to modify or change portions of this Contract should any assumptions specified be determined to be incorrect,or if new/ additional information relative to this Contract become available. After 90 days,any delays outside of Brasco's control will result in price escalation using the Producer's Price Index,as published by the Bureau of Labor Statistics:Fabricated Structural Metal Products(Series Code WPU107). Termination by Brasco. In addition to any other rights to terminate the Contract or suspend performance under the Contract,(A)Brasco may,upon written notice to Purchaser immediately terminate all or any part of the Contract or suspend performance under the Contract,without any liability to the Purchaser and without waiving its right to damages,(a) if Purchaser(i)repudiates,breaches,or threatens to breach any of the terms of the Contract,(ii)fails to accept or threatens not to accept Products in accordance with the Contract, (iii)fails to make timely payment,or(b)upon the occurrence or threat of insolvency or bankruptcy of Purchaser;(B)Purchaser shall purchase and pay Brasco immediately for all unique raw materials,work in process and finished goods under the Contract;(C)Purchaser shall reimburse Brasco for all preparation and other expenses incurred by Brasco and/ or its subcontractors in connection with the Contract ad for all other losses and costs arising from the termination. Lead Times. Lead time is the window of time necessary to complete an order,after the approvals process is complete. The approvals process includes satisfying Brasco's credit terms and written approval of Brasco's preliminary engineering drawings.Once all approvals are complete,the lead time begins,wherein detailed engineering paperwork is com- pleted,stamped calculations are ordered,material is purchased,and the order is fabricated. For orders that endure a lengthy approvals process,lead times may shift between the time the order was placed and approved. Additionally,third party lead times and availability can directly impact Brasco's lead times,therefore Brasco shall not be liable for any damages(actual or liquidated)caused by acts outside of its control that arise from third party suppliers. Change Orders. Design,material,finish and quantity changes by the Purchaser to an order after preliminary engineering approval drawings are provided by Brasco are subject to a Change Order fee. Fees include a minimum administrative fee of$105.00,with relevant material cost and additional labor fees applied. Purchaser Approvals.In accordance with the terms of this Contract,Purchaser agrees to timely execute and return to Brasco an approval of each set of drawings provided to Purchaser by Brasco including,but not limited to,Preliminary Elevation Drawings and Detailed Engineering Drawings. Failure by the Purchaser to timely execute and return to Brasco an approval of drawings provided by Brasco negatively effects lead time of the order and if same occurs,Brasco in its sole discretion shall have the unilateral right to in- crease the lead time to complete and deliver the order to the Purchaser or terminate the Contract. Rejections and Returns. Purchaser will be deemed to have inspected and accepted all delivered Products unless written notice of rejection specifying the basis therefore in reasonable detail,is provided to Brasco within 10 days after delivery. Purchaser may not return Products that are not timely rejected without Brasco's prior written approval. Taxes. A 6%Sales tax will be billed to Michigan businesses,entities and municipalities as applicable under Michigan State law.If your business is tax exempt,please provide a Sales Tax-Exempt Certificate. Sales tax will not be billed to businesses,entities and municipalities outside the jurisdiction of the State of Michigan and is the sole responsibility of said entity to pay within its respective jurisdiction where applicable. Governing Law,Jurisdiction and Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof.Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives,to the fullest extent it may effectively do so,the defense of an inconvenient forum to the maintenance of such action or proceeding. Severability. If any provision of this Agreement is or becomes illegal,void or invalid,that shall not affect the legality and validity of the other provisions. 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIOIIf IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II�I(II IIIIIII IIIIIIIII I IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights Town of Lexington Depot Park Bus Shelter Budget Estimate (09/26/2022) Item Description QTY UNIT UNIT COST TOTAL 120.1 Unclassified Excavation 12 CY $ 50 $ 600 151 Gravel Borrow(Type b) 3 CY $ 50 $ 150 504 Granite Curb Type VA4 40 LF $ 65 $ 2,600 706 Brick Pavers for Walkways(over 10 SY $ 300 $ 3 000 707 Brasco Bus Shelter&Bench(list$15,275) 1 EA $ 221913 $ 221913 748 Mobilization(50%) 1 LS $ 12,496 $ 12,496 751 Loam 3 CY $ 65 $ 195 765 Seeding 12 SY $ 4 $ 48 796 Irrigation Modification 1 LS $ 21000 $ 21000 Subtotal $ 44,002 Contingency-30% $ 13,201 Total Budget Estimate $ 57,202 " " ; , i--� ^ i nre , ... 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R. .... �,o 11"W" rm, II II U wa'f )Jjo Kl' fc,; "'P1010,44 AI "ol' anal fffflf� )); Ile ......-l.- rn'a 4oiIM q T - te' ........ ft", %',xfpw',ww"w"I'AAk (WRpf ........... ............... j 4 14 �Pi 16 qod.,"I am"., "INIIIIIII )AW�(mv//0Qjoj�jj Al rOe Ow ........... 0 lk� z", 0 "WO,6o f VI f 14 '1� lw� OF myRI,# k kb, f Ij 114 ............... #04!'Ifff, 00 fff rr O fj �Q,Uyr 19' PI dl npryi ......... w fd, ffF "o 00 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Submission of 2022 Boston Metropolitan Planning Organization(MPO) Municipal Election Ballot PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.1 SUMMARY: Category:Decision-Making The Chair of the Select Board is being asked to complete and submit an electronic ballot for the 2022 Boston Metropolitan Planning Organization(MPO) election for the Minuteman Advisory Group on Interlocal Coordination(MAGIC) seat. The current seat is running unopposed by the Town of Acton. The ballot is due by Wednesday, October 26, 2022. SUGGESTED MOTION: To approve for the Chair of the Select Board to complete and submit a ballot casting a vote in the 2022 Boston Metropolitan Planning Organization(MPO)election on behalf of the Select Board. Move to approve the consent. FOLLOW-UP: Select Board Office/Select Board Chair DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type I'k,)ston.MIII O 2022 1.lurrail I:lackup Nll.atcrial Stacey Prizio From: Bourassa, Eric Sent: Thursday, October 13, 2022 1:31 PM Subject: Boston MPO 2022 Municipal Election MAGIC Ballot F E CAUTION: This email came from outside the Town of Lexington. Do not click links,open attachments or respond to the email ess you recognize the sender, you are expecting the communication and you know the content is safe. Hello Municipal Chief Executive, Below is a link to the Boston Metropolitan Planning Organization (MPO) Minuteman Advisory Group on Interlocal Coordination (MAGIC) ballot for electing a municipality to represent MAGIC on the Boston MPO Board.The Town of Acton is running unopposed for the MAGIC seat. Please fill out the ballot by Wednesday, October 26, 2022. Results will be announced atP s Fall Council m l eetiin on Thursday, October 27t"at 9:30am. ......................................................�.............................................................................................................m............................................................W............. For more information about the Boston MPO Municipal Election process, please visit Boston Region MPO—Election Process I Boston Region MPO (bostonmpo.or ) Let me know if you have any questions. Best Regards, Eric Bourassa Transportation Director Metropolitan Area Planning Council (MAPC) 60 Temple Place, Boston, MA 02111 ilium Please be advised that the Massachusetts Secretary of State considers e-mail to be a public record, and therefore subject to the Massachusetts Public Records Law, M.G.L. c. 66§ 10. 1 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Accept Fund Terms PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.2 SUMMARY: Category:Decision-Making Diane Higgins Scholarship Fund: The Select Board is being asked to accept the terms of the Diane Higgins Scholarship Fund, which will be managed by the Trustees of Public Trusts. The purpose of the fund is to mirror the business, legal and personal philosophy of Diane Higgins. The scholarship will be awarded to graduate or resident of L exingto n who will be pursuing a major in business at a four-year college or university. Pat Flynn Youth Fund The Select Board is being asked to accept the terms of the Pat Flynn Youth Fund, which will be managed by the Trustees of Public Trusts. The purpose of the fund is to honor of the legacy of Winston E. "Pat" Flynn and his service to the community and country. The Lexington Veterans Association will make an award on Patriots' Day to a high school student who demonstrates patriotism and commitment to meeting the needs of the and ers erved. SUGGESTED MOTION: To accept the terms of the Diane Higgins Scholarship Fund, which will be managed by the Trustees of Public Trusts. To accept the terms of the Pat Flynn Youth Fund, which will be managed by the Trustees of Public Trusts. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type D I)jarw I-liggirls Scii.olarship Fund'IFer.r.n.s Rackup Material. D Rat Flynn.Ybuth.Fund"Ill."en-ris flackup Mll[atenal. Mr. Alan Fields, Chair Trustees of Public Trusts Town of Lexington Lexington, MA 02420 RE: The Diane Higgins Scholarship This letter is to set forth the terms on which the Trustees of Public Trusts agree to hold the Diane Higgins Scholarship Fund. The purpose is to mirror the business legal and personal philosophy of Diane Higgins. 1. The Trustees will hold and invest the fund as part of the endowment fund administered by and forthe benefit of the Town of Lexington. 2. Each year the Trustees will transfer 75% of the income to the Lexington Scholarship Fund if the Trustees feel it warranted. 3. 1/4 of the annual net income and all capital gains shall be transferred to principal. 4. By signing this letter, we acknowledge that contributions to the Diane Higgins Scholarship Fund are irrevocable and any changes to the terms of the fund must be approved by the Trustees of PublicTrusts and/or the Select Board or their successors. 5. Each year, the Lexington Scholarship Committee shall award one or more scholarships to the known as the Diane Higgins Scholarship. To be eligible, the recipient must meet the following criteria: 1. Preferably be a female graduate or resident of Lexington. 2. Be financially in need. 3. Be determined to major in business at a four-year college or university. 4. This scholarship may be used for books, tuition, room and board, and fees. 5. Judy Moore will present the scholarship at the awards night as long as she is willing and able to serve. Todd Cataldo Judy Moore 'DocuSignedI ;a 5 CA 7 B8,565C'1 „ Edith Flynn 32 Watertown Street Lexington,)MA 02421 Mr.Alan Fields September 27, 2022 Chairman Town of Lexington Trustees of Public Trusts Dear Mr. Fields, This letter is to set the terms by which the Trustees of Public Trusts agree to hold the Pat Flynn Youth Fund, (the"Fund")which I hereby establish. 1. The Trustees will hold and invest the Fund as part of the Endowment Fund administered by the Trustees for the benefit of the Town of Lexington. 2. Each year, the Fund will transfer to the Lexington Veterans Association or its designated successor funds for an annual award in an amount the Trustees deem appropriate and consistent with the Trustees' investment policy statement and with the intention that the Fund be preserved in perpetuity. 3. Any net income and all capital gains of the Fund not distributed annually shall be transferred to Fund principal. 4. By signing this letter, I acknowledge that contributions to the Fund are irrevocable and any changes to the terms of the Fund must be approved by the Trustees of Public Trusts and/or the Town of Lexington Select Board or their successors. 5. Purpose/Guidelines for distributions — Each year, preferably on Patriot's Day, the Lexington Veterans Association shall make an award to be known as the "Pat Flynn Youth Award" to a high school student. The Lexington Veterans Association or its successors or designees shall from time to time set eligibility criteria for the award and select the recipient. In addition to criteria set by the Lexington Veterans Association, a recipient must: a. Reside in Lexington and/or attend or have recently graduated from Lexington High School or Minuteman Technical High School; and b. Demonstrate patriotism and commitment to meeting the needs of the underserved as modeled by Pat Flynn in his service to his community and country. Preference will be given to a student who has overcome adversity and/or the child or grandchild of active-duty military personnel. d. Notwithstanding any of the foregoing, if the charitable purpose of the Fund becomes impossible or impractical to achieve or the size of the fund too small to warrant ongoing administration, the Trustees in their sole discretion may dissolve the Fund and apply the proceeds to a similar charitable purpose to benefit the Town of Lexington. ., Edith Flynn, Donor '2& 2492 Cc: Lexington Veterans Association AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.3 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the meeting minutes of: • September 6, 2022 • September 12, 2022 • September 19, 2022 SUGGESTED MOTION: To approve and release the Select Board meeting minutes of: • September 6, 2022 • September 12, 2022 • September 19, 2022 Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type D DRATT09062022 Select.1 kmrd Backup Vllaterhal. D L)RA.Fr 0912.2022 Select.Board I 1,Ack.up Mll.aterial. D I)RA f"111'091.9202,2 Select 1 30.. 1 3ackup NAllatetial. SELECT BOARD MEETING September 6,2022 A remote participation meeting of the Lexington Select Board was called to order at 5:06 p.m. on Monday, September 6, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Prizio, Select Board Department Assistant. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS &LIAISON REPORTS 1. Select Board Member Concerns &Liaison Reports Ms. Hai explained that Ms. Prizio will be copying all members of the Board on the filing of the agenda on Thursdays. Agenda items will be divided into the categories as discussed: brainstorming, informing, prioritizing and decision-making. This will clarify expectations among the Board, and also inform the public regarding the type of discussion to be had. The Board will generally take public comment during the meeting on topics where a decision is to be made,though not typically on items that are categorized as brainstorming or informing,though this will be decided on a case-by-case basis. The Town Manager's weekly written report will be included on the agenda, and therefore his oral report will more be focused on updates towards relevant goals. Ms. Barry also noted that there is a public request to have a military flag ceremony on the Battle Green on Sunday, October 2, 2022,in memory of Winston Pat Flynn. The Board could discuss at its next meeting, consideration of lifting the current restriction to carry out events on the Battle Green as construction is nearly complete. Ms. Hai agreed that this could be addressed at the next meeting. TOWN MANAGER REPORT Mr. Malloy suggested that the Board schedule the six-month follow-up to its last retreat on January 11, 2023. He explained that the bids for the Center Recreation bathhouse came in significantly over budget. The Town had budgeted approximately$780,000 for that project, and the bids came in approximately $350,000 over budget. The Board could consider placing this on the November Special Town Meeting ballot or using ARPA funds for it. DOCUMENTS: Weekly Report CONSENT AGENDA 1. Select Board Committee Appointments &Resignation To appoint Mary Hutton and Susan "Sue" Steering as full members of the Town Celebrations Committee for three-year terms set to expire on June 30,2025. To appoint Dodd Harter and Kristen Pulkkinen to the Town Celebrations Subcommittee for one-year terms set to expire on June 30,2023. To accept the resignation of Vishwanathan "Vishy" Krishnamoorthy from the Vision for Lexington Committee effective immediately. DOCUMENTS: 2022 Town Celebrations Committee Application-M. Hutton,Email From TCC Chair- M. Hutton,2022 Town Celebrations Committee Application- S. Stering,Email From TCC Chair- S. Stering, 2022 Town Celebrations Subcommittee Application-D. Harter,2022 Town Celebrations Subcommittee Application-K. Pulkkinen,Resignation Letter-V. Krishnamoorthy 2. Accept and Sign Easement—53 &55 Watertown Street Parking and Nature Trail To approve the attached easement for trail access and parking and to authorize the Select Board to execute the attached document. DOCUMENTS: Memo, Easement Agreement 3. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: July 25, 2022,August 8,2022 and August 15, 2022 DOCUMENTS: Draft 07252022 Select Board Meeting Minutes,DRAFT 08082022 Select Board Meeting Minutes,DRAFT 08152022 Select Board Meeting Minutes 4. Approve Lowering the Battle Green Flag on September 11,2022 To lower the Battle Green Flag on Sunday, September 11,2022,the anniversary of the 9/11 attack on the United States and in memory of all those who lost their lives. 5 Dissolve Ad Hoc Grain Mill Alley Steering Committee To dissolve the Ad Hoc Grain Mill Alley Steering Committee. DOCUMENTS: Ad Hoc Grain MillAlley Steering Committee Charge 6. Approve and Sign Proclamations: Sustainable Food Systems Day 2022,Childhood Cancer Awareness Month and Suicide Prevention Month To approve and sign a proclamation recognizing September 20,2022 as Sustainable Food Systems Day. To approve and sign a proclamation recognizing the month of September 2022 as Childhood Cancer Awareness Month in the Town of Lexington. To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention Month in the Town of Lexington. DOCUMENTS: 2022 Sustainable Food Systems Day Proclamation, 2022 Childhood Cancer Awareness Month Proclamation,2022 Suicide Prevention Month Proclamation 7. Approve Recommended Parking Regulations—One-Hour Parking Spaces in Front of 93-97 Massachusetts Avenue To modify the Lexington Traffic Rules and Orders, Chapter 192-18 Schedule I -Parking Locations and Prohibitions to alter the three unmarked parking spaces adjacent to 93-97 Massachusetts Avenue to be limited to one-hour parking. DOCUMENTS: TSC Request to Amend Parking Regulations 8. Approve Theater License Renewals To approve the application and issue two Theater Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema I and Cinema 2 to show movies from September 1,2022 through September 1,2023. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Water and Sewer Abatement Appeal—12 Curve Street Ms. Hai explained that an appeal to the Water Sewer Abatement Board(WSAB)application was submitted in May for their 6/16/22 meeting and was denied by the Water Sewer Abatement Board for lack of evidence. This is a rental property and the homeowner said he questioned the tenants about their usage, and they insisted they had no leaks. The meter was retrofitted in January and has never displayed a leak. This application was denied as there was no explanation for the increased usage. Mr. Cataldo explained that this rental unit has one bathroom, one kitchen, and no exterior water. Every six months,the water usage has been in the high 20s, or low 30s,but the last bill he received was for 120 HCFs. It seems that the abnormal usage happened between September 13, 2021, and when the meter was retrofitted on January 14,2022. Vyctoria Walsh,WSAB, stated that the spike would have been from usage and not from the new equipment installed. Approximately 11,000, or 75%, of these meters have been retrofitted in Town. There was only one other instance of an inexplicable spike, and that came from a meter which failed the meter test. She noted that the spike in question could have been from someone leaving a faucet on for some period of time. Mr. Cataldo stated that he is unclear as to how long a faucet would have to be left on in order to run approximately 75,000 gallons of water through it. He noted that he questioned the tenants, and they are adamant that nothing similar to this occurred. In response to a question from Mr. Pato,Ms. Walsh explained that retrofitting the device only changes the endpoint of the existing meter, allowing for usage to be read online. In response to a question from Mr. Lucente,Ms. Walsh explained that the retrofit process doesn't involve removing any meters. Essentially,the contractor removes the existing reading device and rewires and programs an endpoint device. The endpoint devices allow for the meters to be read online and can show usage as frequent as hourly. In response to a question from Mr. Cataldo,Ms. Walsh stated that a reading was taken at the time of retrofit. The reading at the day of the retrofit was 404. Mr. Cataldo suggested that this reading could have been incorrectly noted or transcribed. Mr. Lucente stated that this seems like something went wrong beyond the usage. It seems highly unlikely that this spike could have happened without an error. In his personal experience,he has had issues with the performance and accuracy of the retrofitted device at his property. Mr. Pato stated that the meter in question is relatively new and was recorded on a regular basis. Typically, meters start slowing down as they age. It does not seem that this would be a normal failure mode for the meter and the meter seems to be recording fine now. It seems, in all likelihood,that this spike was due to usage,although he cannot explain how. Ms. Hai agreed that this does not follow the pattern of a failed meter,the meter was not touched during the process, and there is not evidence of a leak or water damage. There does not seem to be clear evidence on either side of the case. The Board is not the investigative body and normally this type of item is deferred to the body that is. Ms. Walsh stated that water meters do not fail in this way. In the one other case in which an inexplicable spike happened due to the water meter,that person's usage continued to rise drastically. The meter in question has continued to perform normally after the spike. Mr. Sandeen stated that a sink faucet typically produces a gallon and a half per minute. At 1,440 minutes a day,a faucet would have to be left to run at full force for 35 days to achieve the amount of water spike seen in this case. A garden hose would only take 6 days to achieve the spike. Mr.Pato agreed with these numbers and noted that these numbers also could fit for a low-flow toilet. Mr. Cataldo noted that there is only one toilet, one bathroom, and one kitchen sink in this unit. There is no outside irrigation, and the outside spigot was not used during this time period. There was no broken pipe during that time period. Ms. Walsh explained that toilet leaks are often silent and can come and go. This is not out of the realm of possibility. Mr. Lucente stated that this is not plausible to him, as a leak would have had to be discovered before the next billing period,and it was not. Ms. Walsh noted that this situation is almost exactly like the 3 Patricia abatement the Board reviewed a year ago,which was denied. Ms. Hai acknowledged this,but noted that in this case,the Town intervened through a retrofitting and there has not been evidence on either side to prove what caused the spike. Ms. Walsh stated that the intervention would not have had an effect on this spike, as the reading was already high on the day of the retrofit. Mr. Cataldo stated that he is requesting this be abated to his normal usage amount. In the fall he submitted a good faith payment of$324.48. Mr. Pato stated that he was willing to consider an abatement to reduce the charge from the high-tier cost to the wholesale cost. But,having seen no indication that the meter itself is a problem,he would not support an abatement to reduce the charge to that of an average use. Ms. Walsh stated that the leak abatement calculation would equate to $1,044.56. Mr. Cataldo stated that this would be more palatable. Mr.Malloy noted that a low-flowing toilet would be able to cycle through the amount of water seen in this case in a little over 15 days. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to support an adjustment to the average usage billed at the appropriate tiered rate and the balance to be billed at the wholesale rate. DOCUMENTS: Request from T. Cataldo for appealto Select Board- 12 curve street regarding WSAB decision, 12 Curve Street Denial, 2022.07.14 WSABAppeal Denial Letter- 12 Curve Street, 12 Curve Street Calculations 2. Presentation—Lexington Housing Assistance Board's (LexHAB)Recommendation to Transfer to an Independent,Not-For-Profit 5010 Organization Sarah Morrison,Executive Director of LexHAB, explained that LexHAB has been working with the Affordable Housing Trust Study Committee, as well as the Town,to assess a variety of options. Together the recommendation is that LexHAB become a 5010 by means of a Home Rule Petition to the State legislature. She explained that LexHAB is made up of three part-time staff and nine board members. For the majority of the organization's existence, it was run solely by the volunteer board. As an independent, non-governmental 501 c3,LexHAB could produce affordable housing more quickly, efficiently, and economically than it currently can. In 2019,LexHAB's development costs increased significantly due to public procurement law. As an independent nonprofit,LexHAB would be in a better position for fundraising from individuals and foundations and accessing State and federal funds because of clear tax- exempt status and clear division from the Town. There would also be the option to become a Community Development Corporation(CDC) and access community investment tax credit revenue. This would also make LexHAB eligible for partnering with larger developers without the constraints of municipal, finance, real estate, and procurement law. Ms. Morrison explained that LexHAB's development costs would decrease up to 40%as a result of public procurement. However, as a 501 c3, LexHAB would pay more for property insurance and would need to acquire Director and Officer's insurance. If this item is placed on the special fall Town Meeting warrant and approved, it would allow LexHAB to file a Home Rule Petition with the State legislature by the third week of January in order to be considered a timely file. She noted that the Housing Corporation of Arlington is a great example of a neighboring town with a 501 c3 Community Development Corporation (CDC)which offers a model for LexHAB. Arlington's organizational status as a nonprofit has allowed for more efficient housing production. Ms. Morrison stated that the draft Special Act clearly separates LexHAB from the Town, and transfers ownership of the 78 units to LexHAB,the nonprofit organization. It noted that, if for any reason LexHAB were to dissolve,the properties would revert to the Town or affordable housing organization of the Town's choosing.Also,the LexHAB organizational structure would remain the same, and LexHAB would be exempt from public bidding requirements,while maintaining connections to the Town for reporting. Kathryn Roy,Chair of the Affordable Housing Trust Study Committee, stated that the Committee supports this proposal and that it would be very difficult to create a CDC from scratch. Mina Makarios, Town Counsel, explained that this proposal will bring LexHAB to what many surrounding communities are pursuing in a faster way. It does not detract from having an Affordable Housing Trust. This gives one other vehicle for the Trust to be able to fund projects and give money to a partner entity as needed. In response to a question from Ms. Barry, Mr. Makarios stated that pursuing this through a home rule petition to amend the enabling legislation effectively authorizes the transfer of LexHAB's portfolio of properties wholesale. This will not create a new entity; it will take the entity that exists and transform it into an independent nonprofit,with all of the assets and liabilities that go with it. This will mostly be a seamless transition. In response to a question from Mr. Malloy,Mr. Makarios stated that one of the advantages of the Affordable Housing Trust is that it removes the procurement piece. It doesn't necessarily always remove prevailing wage,but it will often do that as well, if acting as a private nonprofit. In response to a question from Ms. Barry,Mr.Makarios stated that an affordable housing trust would be a new mechanism as a statutory scheme,which allows a separate Town body to make investments in affordable housing,without further appropriation from Town Meeting. Ms. Hai stated that there appears to be Board support for this item. She encouraged LexHAB to work with Ms. Axtell regarding placing a warrant article for this on fall Town Meeting. She also stated that public outreach will be very important. DOCUMENTS: LexHab Presentation- change to 5026 Oranization,Proposed changes to discuss for SpecialAct 3. Presentation—2021 Communications Survey Results The Board tabled this item to later in the meeting. 4. Update on American Rescue Plan Act(ARPA) Mr.Malloy explained that following item requests are new. Human Services is proposing to update the old Muzzey Senior Center into a multi-use space that would be primarily used as an Adult Day Health Center during the week. Human Services would also like to explore the idea of utilizing part of the space for the food pantry storage and distribution. An Adult Day Health Center,under DPH guidelines,has to operate all on one floor. The first level of Muzzey is large enough for this purpose,with kitchen facilities and accessible bathrooms already present.A current Adult Day Health provider could sublease the space through an RFP process. The lower level could be updated to provide the food pantry with much needed storage and could allow them to distribute out of that space on Saturdays. This would require an adjustment to the deed restriction to allow for Saturday use and would also require full code adherence in regard to building, fire, etc. The Board previously asked for a cost associated with finishing the second portion of the roof at the Bridge School. The cost is approximately$1,525M. Mike Cronin is recommending that this be held off and rebid in 2023. Also,there are a number of items that the Board took under consideration at the August 8,2022 meeting when there were only four Board members present. This can be reviewed and discussed. Finally, the Economic Development Department has been working on developing special events in the Center consistent with the Board's previous vote. Sandhya Iyer, Economic Development Director, is present to discuss this item further,if the Board so chooses. The Board previously requested an opinion on whether ARPA funds could be used to prefund the Affordable Housing Trust, and Town Counsel has presented his opinion,which is that it cannot be funded until the Trust is formally established. The Board may also want to consider funding the Center Recreation bathhouse, as discussed at the beginning of this meeting. Ms. Hai stated that the brick sidewalks for the Center and the Center Recreation bathrooms were voted on at Town Meeting. She does not feel comfortable overriding the originally proposed costs and using ARPA funds,without first bringing them to fall Town Meeting for project adjustments. The Board agreed. The Board concurred with holding off on the Bridge School proposed project. Mr. Lucente stated that he believes the uses proposed for Muzzey are appropriate and good uses for the space. The biggest question will be around code compliance for the property. Mr. Sandeen stated that he would like a complete briefing on the proposed Muzzey Senior Center project, including the outcomes we are trying to achieve. Mr. Pato stated that he would like the Board to reconsider some of the hybrid meeting technology proposed for rooms in the Town's facilities. These are proposed to be displays for virtual meetings. Mr. Sandeen stated that his hesitation is piecemealing the hybrid meeting discussion instead of looking at things comprehensively. Mr. Pato agreed with requesting that staff compile a more comprehensive proposal for how to move toward hybrid technology to support all boards/committee in Town. The Board supported the funding for the hybrid meeting technology. Ms. Iyer explained that Mr. Pato's suggestion regarding redeveloping the back of the East Lexington village was to get more support from the business owners and from property owners as to what improvements they would make to their own properties. Thus, a survey was sent around to ask which improvements owners plan on doing to their own properties. Four responses have been received, and the results will soon be sent to the Board for review.Also, included in that memo will be information on the Rapid Recovery Program,which was received through the State, including ten different recommendations, such as making improvements to the bike path and adding more wayfinding signage. The Board agreed that it was mostly in support of the redevelopment project. The Board discussed the ambulance replacement item. Mr. Lucente stated that he believes this is better handled through Town Meeting and current capital purchases. While he believes this is a worthy project,he does not see enough of a nexus to use ARPA funding for it. Mr. Sandeen agreed with Mr. Lucente. The Board noted that the straw poll was for 3-2 for using ARPA funding on this item,while all agreed that it could also be brought to Town Meeting. Ms. Hai stated that she believes the item for the 250 th Quincentennial Committee should go through Town Meeting, as she does not see the nexus for it to be funded through ARPA funds. Ms. Barry exited the meeting at 7:04pm. Ms. Hai stated that, as the Board was in agreement 3-2 regarding the ambulance replacement item via ARPA funds,that is how it should be pursued. Ms. Hai stated that she believes any of the proposed projects regarding replacement of carpeting and/or furniture should be funded through the Furniture,Fixtures, and Equipment budget, instead of via ARPA funds. Ms. Iyer explained that the Anthem Group has helped propose six events throughout the year to bring back foot traffic and help small businesses in Town. These include a fall kickoff party,a pumpkin festival, fall movie series, sip and shop nights, a Lexington winter garden event, and a wine and beer garden. The previously approved ARPA funding of approximately$150,000 would likely cover the cost for these events. Ms. Hai stated that the beer and wine garden should include local vendors. In response to a question from Mr. Pato,Ms. Iyer explained that the events are currently proposed on six different days but certain events, especially the Lexington winter garden, she would like to see spread out over multiple days. Mr. Lucente suggested that there be more discussion regarding which day of the week is best to hold the events and where is the most appropriate location to hold them. DOCUMENTS: ARPA Spreadsheet Updated,ARPA Vote S13 8-8-22, Center Events Presentation,Legal Opinion on ARPA-Affordable Housing Trust 3. Presentation—2021 Communications Survey Results The Board retook this item at this time. Mr. Dugan stated this presentation will provide an overview of the results of the Town's first communications survey conducted in the spring of 2021. The survey was developed to understand the effectiveness of the Town's communications efforts, and to inform the development of the Town's first communications plan. Sean Dugan, Public Information Officer,noted that he has received 95 responses so 9 far regarding participatory budgeting. The deadline for submissions is September 16,2022. Mr.Dugan explained that,in 2017, findings from the Town-wide survey clearly showed the desire for improved communications from the Town government to the community. Those findings led to the Town budgeting for the first ever Public Information Officer position to provide more uniformity in communications and outreach to the community. Since then,the Town has expanded its social media presence,created a well-read Town-wide newsletter, increased the use of non-digital forms of communication, expanded emergency communications, and made improvements to the Lexington website. Mr.Dugan thanked Dr. Marion Cohen,resident, and Town Meeting Member,who happily helped develop the communications survey questionnaire and subsequently assisted with some of the analysis of the results. Mr.Dugan explained that,in the section on availability and importance of public information,respondents were asked to rate the importance of the topic areas , as well as the Town's performance. Respondents made clear that both emergency notifications, as well as voting and elections,were top priorities. Just under 98% of respondents noted that emergency notifications were either extremely or very important to them, and 84%of respondents said voting in elections was either extremely or very important to them. There were a few notable areas for improvement. With regards to proposed changes in bylaws and regulations, about 45%of respondents rated the Town's performance as either fair or poor. In terms of the Town's performance as it relates to budget discussions and decisions, about 46%rated the Town's performance as either fair or poor. The survey confirmed that using both digital and non-digital methods of communication are important to residents, and of particular importance were Code Red notifications, Town email lists, local news,media, and mailings. Mr. Dugan stated that an area of open-ended questions asked respondents about the five most important topics related to Town government. These responses were grouped into categories such as emergency information, schools, elections,taxes,budget and spending, and public health. Mr.Dugan stated that 71% stated they are either very or extremely satisfied regarding the timeliness of information provided by the Town. For accuracy of information provided, 82%said they are either very or extremely satisfied. Finally,regarding completeness of information, 70% said they are either extremely or very satisfied. When respondents answered the language spoken most often in their homes,there were 923 responses and 20 different primary languages were identified,with 94% stating that English is the primary language. It is important to note though,that the questionnaire was distributed only in English, and he recognized that this means it may have missed some residents. Future iterations will have an option for translation. Mr.Dugan stated that the results of this survey will help the Town develop its first Communications Plan. The results of the survey also confirmed that, even in a digital world,non-digital forms of communication are important.Also,the Town can be proud of how respondents felt about the timeliness, accuracy and completeness of information provided by the Town. There are also plenty of things that the Town can and will improve on moving forward. Mr. Lucente noted that one of the forms of communication that some residents use to receive information is public meetings. Mr. Dugan agreed that this should be included in a future iteration of the survey. DOCUMENTS: Communication Survey Presentation 5. Update on Select Board Goals &Implementation Mr.Malloy explained that the "Goals by Major Category" document has been updated to reflect the major categories of the Select Board's goals: Community Compass, Livable Lexington, Quality Services,Fiscal Stewardship, and Thriving Local Economy. The Board talked about how it will champion the goals for these groups. Ms. Hai suggested that Board members could use the liaison reports to talk about what progress is being made in any of the committees associated with these goals. Mr. Malloy noted that this demonstrates that there is an alignment between the Select Board goals and the goals that are given to Senior Managers. DOCUMENTS: Raftelis Report on Goals,Goals by Major Categories 6. Review Draft Select Board Report Submission for FY2022 Annual Town Report Ms. Hai explained that submission of reports for the FY22 Annual Town Report are due to the Town Report Coordinator in early September. The Board is being asked review and comment on the draft of Select Board's Report submission for the FY22 (July 12020 -June 30,2021)Annual Town Report. She asked that Board members submit any edits to Ms. Prizio during the week, for review at the next Board meeting. DOCUMENTS: Draft Select Board Report-FY2022 Annual Town Report, Message of the Select Board- FY2022Annual Town Report EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining-Lexington Police Patrolman's Association (LPPA); Public Safety Dispatchers Union; Firefighters Union; Lexington Crossing Guards Union; Lexington Municipal Employees Association(LMEA); Lexington Municipal Management Association(LMMA) VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to enter into Executive Session under Exemption 3 at 7:43pm to discuss strategy with respect to collective bargaining. As an open meeting discussion,this item may have a detrimental effect on the bargaining position of the Town. The Board will not be returning to open session. ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 from the executive session to adjourn both the executive session and regular meeting at 9:53 p.m. A true record;Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING September 12,2022 A remote participation meeting of the Lexington Select Board was called to order at 6:32 p.m. on Monday, September 12, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Prizio, Select Board Department Assistant. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's 4�website. She thanked all who submitted comments prior to this meeting and noted that the Board would be taking public comment for item which there is a vote this evening. CONSENT AGENDA 1. Select Board Committee Resignation To accept the resignation of Anne Laurin Eccles from the Historic Districts Commission effective immediately. DOCUMENTS: ResignationLetter-A.Eccles 2. Approve and Sign Proclamation—Constitution Week To approve and sign a proclamation recognizing the week of September 17-23,2022 as Constitution Week in accordance with Public Law 915. DOCUMENTS: 2022 DAR Constitution Week Proclamation 3. Approve and Sign Grant Agreement for Vynebrooke Village Preservation To approve the grant agreement between the Town of Lexington and the Lexington Housing Authority. DOCUMENTS: Vynbrooke Village Agreement 4. Remove Temporary Suspension of Permitting for Special Events on the Battle Green To lift the suspension on permitting on the Battle Green as of September 30,2022. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Special Town Meeting 2022-3- Call for Special Town Meeting 2022-3,Approve Letter from Town Moderator for Inclusion in Special Town Meeting 2022-3 Warrant and Review Draft Warrant for Special Town Meeting 2022-3 Ms.Axtell stated that the Moderator has submitted a letter of request to hold the Special Town Meeting through remote participation. Citizen Petitions are due by 1:00 p.m. on Friday, 9/23/22 to the Select Board office. Official article documentation can be obtained from the Town Clerk's office during regular business hours (100 signatures are needed for Special Town Meeting). The Board reviewed each proposed Article. Ms.Axtell explained that bids were opened for the Center playground bathrooms and maintenance building, and they are overbudget at this time. The CPC is discussing whether to bring this forth for a supplemental appropriation at Special Town Meeting. She also noted that the language for the opioid settlement is being worked through with Town Counsel. Regarding the Article for creation of a Housing Trust,Ms. Kowalski explained that this does not require an act of the legislature. It requires the filing of a Declaration of Trust,which the Study Committee is working on and is very close to having a draft ready for review. In response to a question from Mr. Sandeen,Ms. Kowalski explained that the Housing Trust does not need approval from a Select Board. However,the Housing Trust Study Committee is opting to propose that above a certain amount,which the Trust is working to specify,the Trust would be required to go to the Select Board for approval. She believes the amount currently being discussed is approximately$1 M. Mr. Sandeen noted that he believes the proposal is based around the median house price in Lexington, and that this could be considered to be updated each year. Regarding the Article for the Town pool domestic hot water heater,Mr. Cronin stated that the range for the options for this is between$30,0004200,000. The Town will need to vote on which direction it wants to go in. Regarding the Article for the Center sidewalk extension,Mr. Malloy explained that the proposal is for approximately$700,000 to finish the Center streetscape project. Ms.Axtell explained that the Moderator is requesting to have the Special Town Meeting as remote participation. The team is reviewing enhanced options for IT support and possible places to have remote participation together. This will be reported back to the Board. Mr. Pressman,22 Locust Avenue, stated that,regarding the LexHAB Article 28,the LexHAB units are not on the SHI.At this point they have been tenanted by people at very low AMI,which is the largest need in the Commonwealth. He asked if there is agreement about what standard LexHAB would use on AMI for those units in the future. Deborah Brown asked about the petitioners or those who are signing the petition interpreting signing early to mean that they are signing on to specific motion language. Ms.Axtell explained that the draft motion is just that, a draft. This is a working document until it is finalized. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to call for Special Town Meeting 2022-3 to begin on Tuesday,November 1,2022 at 7:30 p.m. Further,move to approve the request of the Moderator that Special Town Meeting 2022-3, scheduled to commence Tuesday,November 1,2022 at 7:30 p.m.,be held through remote participation using 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. Further,move to open the Special Town Meeting 2022-3 Warrant for citizen petitions through Friday, September 23, 2022 at 1:00 p.m. DOCUMENTS: Draft technical correction fossil fuel article, Draft STM 2022-3 warrant 2. Update on Police Station Building Project Mike Cronin, Director of Public Facilities explained that this process was to investigate solar as part of the project for the Police Station. Tecton Architects has been hired to bring a design which fits better with this particular area,than some of the more commercial or industrial applications seen across Town. A presentation was made to the HDC regarding some concepts. There is an expectation that this will have to go before Special Town Meeting at some point. Jeff McElravy,AIA,Principal, Tecton Architects, explained that the project was estimated at$26.9M back in February. One bid was received under budget, CTA. CTA has created a rough timeline for the project. This includes, for the week of September 12-16,planning to start the temporary fencing at the site. Circa September,permitting and mobilization,with intention of reaching a substantial completion by March of 2024. March through June, CTA will complete a number of items for anticipated move in date in June 2024. Mr. McElravy explained that the proposed system will place 3,400 s.f. of efficient panels on the rooftop where they cannot be seen. The engineers anticipate a 335,000-watt system or a 335-kilowatt system. To offset the load of the Police Station and get to net zero, approximately 19,330 s.f. of canopy is needed. He showed a rendering of the proposed system options. Ms. Hai stated that she does not like the option which proposes to cover Fletcher Field. She noted that the Board spoke at the last Town Meeting to say that this work is continuing to find an appropriate solar design that is satisfactory to all stakeholders,including the Historic Districts Commission. The Select Board voted unanimously to support bringing whatever project is found to be satisfactory to the stakeholders to a future Town Meeting with a goal of having the solar project constructed at the same time as the Police Station to maximize efficiencies. She explained that the Integrated Building Policy, states that the Town will strive to net zero. She stated that she likes option B, as it fits with the building, and does not seem intrusive. She also liked the idea raised at the HDC meeting, speaking to the history of the area, and mimicking the railroad. She explained that the idea which referenced the LG panels with slots,had the vernacular of a railroad connectivity. She stated that keeping the parking and appropriateness with the Historic District are important for this project. Also,utility of Fletcher Field is critical for the community. Mr. Cronin noted that he is clear that the field is not to be built on. He also explained that the tree line near the bike path will be trimmed. Mr. Sandeen stated that he believes this project should be pursuing net zero.He stated that,under the Inflation Reduction Act,nonprofit organizations like the town of Lexington can now receive direct payments for the full value of the federal 30%investment tax credit for solar energy and for energy storage. This will make it much more cost effective for the Town to deliver net zero energy projects. Solar energy storage systems, like the one being proposed for the Police Station,will now likely pay for themselves in five or six years,while also delivering unparalleled resilience during power outages. He stated that there is an economic incentive and a resilience benefit to put as much solar as possible on site. He stated that he is in favor of the proposed LG panels. The existing trees, in general,are not going to be impeding the solar panels, other than some branches which hang over. He echoed Mark Connor's comments,regarding the possibility to use solar on the field in a way that could enhance the use of the field. Mr. Pato stated that he is open to any of the options presented. He stated that he believes it is helpful to have the canopy come down to Mass Ave because it provides a covered area for picnic tables, stalls at the farmers market,or other uses of the field.He stated that he believes this proposal does contribute to use of the park by providing covered and protected areas. While he would prefer not to lose any parking, if the compromise would require loss of a few spaces,he could accept that. Ms. Barry stated that she is not in favor of placing solar along the face of the side of the building. She does not want to see the building covered and would like for it to be aesthetically pleasing. She stated that she believes Town Meeting did approve some funding to look at this entire parcel,including Fletcher field,holistically. She believes it is important to preserve the use of the park. She suggested that the Board have a joint meeting with the HDC to discuss this project. She explained that she does not want this project proposal rushed to be brought to Special Town Meeting this fall. Mr. Lucente stated that he prefers option B in the dark bronze with the Lumos solar panels. He also prefers separation in the back area,where two sets of panels are located,but allowing the channel to be open. He asked about lighting under the canopies. Mr. Cronin stated that there will be underlighting for all proposed canopies. In response to a question from Mr. Lucente regarding plowing in option B,Mr. McElravy stated that the tree structure in that option could potentially be raised higher to account for this. These details would need to be more thoroughly examined. Mr. McElravy stated that the lighting under the canopies will not be nuisance lighting and will be controlled down to the ground. Mr. Lucente stated that he believes this is an opportunity for the Town to take advantage of and,with the solar canopies in place in whatever form they may take, still make it feel like a park. Mr. Sandeen suggested that rather than asking the Board to choose between two types of solar panels,the Board could simply state that it would like to see light underneath the canopies maximized, so that the design team still has flexibility on a number of options to achieve that objective. DOCUMENTS: Solar Designs for Police Station Parking Area 3. Discussion on Solid Waste and Sanitation Services Jim Malloy,Town Manager; Dave Pinsonneault,Director of Public Works; and Maggie Peard, Sustainability Director, addressed the Board. Mr. Malloy explained that the Board needs to consider the renewal on the Town's sanitation contract, for curbside sanitation and recycling,which will go into effect for FY24. Due to a number of reasons,there is a fairly sharp increase proposed for this contract.At the same time,there is a request to consider curbside composting. Mr. Pinsonneault discussed the proposed sanitation contract. He explained that manual collection is likely to be phased out within the next couple of years. The amount presented in the contract did include the company purchasing the carts for automated collection. If the Town was interested in purchasing these carts on its own,there are not a lot of grant opportunities for that at this time; also,the Town would then be responsible for maintenance of the carts. He explained that, due to a number of requests to get a curbside compost program for food waste collection,he has been working with another vendor on this potential idea. Mr. Malloy explained that proposals and cost estimates have been received from Black Earth regarding options for weekly,biweekly,weekly in Town,biweekly in Town, and then weekly private. He stated that he is looking for direction from the Board regarding different options for sanitation, such as a schedule for pickup and a number of other items which could lead to some cost savings, such as yard waste pickup. He would also like direction regarding a potential fee structure. Ms. Peard noted that one of the items in the Black Earth proposal is the question of whether or not they would be required to pay prevailing wage at the site. This is the determining factor of whether or not there will be cost savings per household. Ms. Hai stated that it is within the Board's authority,pursuant Section 90-9 of the general bylaws,to change the terms of garbage removal. Mr. Malloy explained that the Town is not required to provide free trash removal. It could charge for curbside pickup without having a change in the bylaws. Mr. Pato stated that he would like the Board to receive guidance on this topic from the Waste Reduction Task Force. He asked how the Town is going to manage the sharply increasing costs of waste disposal, how the Town is going to meet the Commonwealth's 2030 Solid Waste Master Plan for reduction both of volume and types of waste,and how the Town is going to be removing organics from the solid waste stream. He stated that he believes the Town should pursue a curbside compost pickup this year. In response to a question from Mr. Pato regarding the consultant report for the Town's waste reduction activities,Mr. Pinsonneault stated that he believes this will be presented to the Board in October. In response to a question from Mr. Lucente regarding the costs of manual versus automatic pickup,Mr. Pinsonneault explained that the increased cost for automated pickup is due to the cart purchase. The drivers for the manual pickup costs are workers compensation,prevailing wage, and that non-automated vehicles require two employees. Mr. Lucente stated that he believes the Black Earth concept is a good one that the community need to continue pursuing. However,it became clear years ago that people are hesitant to touch and deal with their trash and make a difference. He stated that part of livability for the Town is making services available which apply to all residents and all households that can be provided consistently. He does not believe the idea of moving to a biweekly pickup will sit well with many in the community. Mr. Sandeen asked for more information regarding the level of Mass DEP grants available. He likes the idea of curbside composting if possible. The Town could consider using the Town's own composting facility to provide the maximum amount of flexibility into the future. He stated that he would like to see an option,though not necessarily a requirement,to move to every other week pickup included in the new trash hauling contract. His opinions on the fee structure will largely be based on an answer to the grant question. In response to a question from Ms. Barry regarding who sits on the Waste Reduction Task Force,Mr. Pinsonneault stated that he,Mr. Beaudoin,Ms. Peard,and Mr. Pato sit on that committee. Ms. Barry stated that the Town could consider beginning to charge for some items. She is a Black Earth customer and believes the Town should continue to pursue options with the company creatively. In response to a question from Ms. Barry,Mr. Pinsonneault stated that there is not currently an acre and a half of unused space at Hartwell to support composting. Ms. Barry suggested that a piece of Town-owned land adjacent to Hartwell be considered. Ms. Barry stated that the community needs to be included in all discussions on this topic. She stated that she believes the proposed fee structure can be discussed further once a breakdown of costs is received from the vendor. Ms. Hai agreed that the contract could likely include an ala carte menu for services. She is interested in seeing a breakdown of costs from the vendor. She supports the Black Earth idea but it unclear if there is money in the budget this year to move forward with it. DOCUMENTS: Black Earth Proposal,Black Earth Proposal Cost 4. Follow Up Discussion Regarding Stone Building Mr. Malloy explained that he and Mr. Cronin recently met with Marilyn Fenollosa, CPA Committee.to discuss timing and potential funding from the CPA Funds for design and construction of a renovation and a small addition on the Stone Building. Mr. Cronin recently engaged the architect to begin some conceptual plans. The schedule would include seeking funding at the 2023 annual Town Meeting for design work, and then doing the design during 2023-2024. Requests for construction funds would go before the 2024 Town Meeting, and bidding/construction would occur in 2024-2025. During 2023, an 9, RFP for the use would be developed and advertised, so that the final user will be known before final design work is completed and any specific conditions can be incorporated into final design. There is a potential that no user is found and then the Stone Building will become another program space, similar to the Community Center or Cary Building. In response to a question from Ms. Barry, Mr. Malloy explained that the Department of Public Facilities has funding built into the budget that will be used to engage the architect to begin conceptual plans. In response to a question from Mr. Sandeen,Mr. Cronin stated that he does not feel comfortable making a guess as to the cost of this project at this time. The design work alone could cost approximately$200,000. Mr. Pato stated that his concern if no user is found for this space, is that there will not be adequate staff for programming in this building. He is hoping that the RFP for a user will proceed quickly. Mr. Lucente agreed with Mr. Pato and stated that he believes a proposed use for the building will be needed to present this at Town Meeting. Ms. Hai agreed that she believes the RFP is necessary before moving forward with a final plan for this building. The Board took a brief recess from 8:38pm—8:42pm. 5. Discuss Committee Appointments Ms. Hai explained that the Board had reviewed the number of committees,the missions of committees, the structure of appointments and reappointments,the process for review of charges, for election, and for rotation of chairs, and for general committee operations. The Board has been concerned for years about how to equitably recruit and select applicants. It has considered interviewing applicants,rotation tenure, equitable distribution to committee roles,and overlap between committees and staff. The Board has received a lot on input from the community regarding the proposed memo on this topic. This is not a final proposal,but a jumping off point. Mr. Malloy explained that he began this process by listing out all of the different boards and committees, with the legal basis for each, so that there is information regarding what the legal process would be to make any changes to these groups. He explained that certain boards and committees have been created in Town and then, after some amount of time,it has been requested that the items dealt with by the group be taken over by full-time staff person.After that time though,the Town still has that board or committee working on the items as well. One example of this is Sustainable Lexington. He has made recommendations for each board and committee for the Board to consider. He believes that the Board should also have a discussion regarding term limits,charges, and updating charges on a regular basis. Town Counsel has suggested that changes to term limits be addressed via the bylaw. Ms. Hai asked Board members to comment based on the concept of changing the appointing authority,the recommendations regarding onboarding and term limits, such as whether terms should only apply to chairs or whether they should apply to all members of committees, and the dissolution of certain committees. She noted that the Board received specific information today from current or former chairs of committees to either confirm or negate the allegation that the committees were not still relevant. Mr. Sandeen stated that Lexington is a unique community filled with thought leaders, and nationally recognized experts on just about any topic. Its residents have deep institutional knowledge and a willingness to help. The reason that Lexington is considered one of the best towns in the country is because it has engaged citizens who care so deeply about the future of the Town. He would like to continue the Town's long history of embracing that expertise,that creativity, and that wisdom. He stated that the Select Board and the advisory committees to the Select Board are focused on setting and recommending policy and implementing the direction of where the Town ought to be going in the future. The Town Manager and Town staff then implement those policy directions. Regarding Sustainable Lexington,he believes it is completely focused on recommending policy and implementing programs that will create a truly, sustainable Lexington. Sustainable Lexington was formed at the request of the Select Board in 2010, following Town Meeting's adoption of the stretch energy code and approval of by-right solar zoning, driven by citizens. Ms. Hai stated it is clear that the Board will need to differentiate administration versus policy within the role of each committee. Mr. Sandeen stated that some of the housekeeping items the Town Manager has proposed regarding committees that no longer exist, or committees that are coming to the end of their useful life,make sense to pursue. It would also be useful to have a discussion regarding term limits. Mr. Pato echoed the comments regarding the value that the Town's volunteers bring to the community, and the essential nature of that in maintaining the character of community and it being effective into the future. Regarding regulatory authority changes,he stated that the Town Report Committee could be placed under staff direction, as the Town already has a coordinator that is being given a stipend for this work. Some regulatory groups, such as the Water and Sewer Abatement Board,could merit conversation regarding the appointing authority, as long as the policy elements remain with the Select Board. For other groups,he did not see a strong argument in support of changing the regulatory authority. Previously,Mr. Malloy offered that, for some committees,he could complete the interview process. While this initially sounded appealing, after reflecting on how that manifests itself in this memo,he believes this should remain the responsibility of the Select Board. He stated that the onboarding recommendations included in the memo are excellent. He believes the Board should be instituting term limits for chairs. With regard to charges,the Board needs to make sure that new committee members are onboarded with clear information about the charge of the committee, and the Select Board needs to review these charges on a regular basis, at no more than two years,through a sort of rotation. The Board used to have committees send materials for goal setting in order to craft a discussion on the topic,but he no longer sees this input from committees. Mr. Lucente stated that he believes the Town Manager drafted this memo as a way to give the Board an opportunity to have open and frank discussions about the effectiveness and efficiency of its processes and committees. He views this conversation as an opportunity to reimagine the committees and committee structure. He agreed with the recommendations regarding term limits for chairs and onboarding. He stated that he believes this is not just about individual committees,but the Board looking holistically at committees and looking for synergies between them. He wants to make sure the Board hears from committees and members that may be impacted by any proposed changes. Ms. Barry thanked all of the Town's volunteers on behalf of the Board. Lexington could not be the Town it is without its volunteers. She noted that, for as long as she has been on the Board it has been discussing committee process. This memo was not intended to lighten the Board's load or to get the Board out from under its liaison reports. Each Board member has been on at least one board or committee and at Town Meeting. The Board members know what it is like to do that work, and how it makes this Town special. She does not believe the Board should examine changing the appointing authorities at this point. She thanked Mr. Malloy for approaching the idea though. She believes onboarding needs to be a focus. She believes that being part of a committee should be part of who a volunteer is,but should not define the volunteer, speaking to term limits. She stated that certain committees likely do need to be dissolved if they have completed their work. She noted that she would have changed a couple of items in the memo such as the fact that the Select Board Policy Committee has not yet met,but it should not be dissolved. Also,the Hanscom Field Advisory Commission meets and is a multi-town committee. Ms. Hai stated that she believes the Board should immediately begin creating onboarding materials and determining term limits, especially for chairs. This will help to create opportunities for everyone in the community. She supports eliminating committees that have completed their work. Regarding the alteration of appointing authorities,the motivating reason for this topic has to do with the ability to have real interviews for applicants. Regarding overlap between staff and volunteers, she stated that she believes this is a matter of creating guidelines and expectations for work. The Board should evaluate all of these suggestions and have a deeper discussion, along with a discussion with committee s/boards. She asked that a policy and process be determined for how the Board will next take a cut at this information,how it pursues a feedback loop with the committees, and how it best harnesses the volunteer expertise in a way that is both equitable, egalitarian, and efficient. Mr. Sandeen recommended that the Board hear comment from the public at this time. Ms. Hai agreed to ten minutes of public comment. Ms. Barry noted that, as a liaison to other committees, she met this year with each chair and explained that they could update their charge. Dawn McKenna, 9 Hancock Street and Chairman of the Tourism Committee, stated that committees in Town have a very important role. They have spurred priorities and economic growth. She believes the Board needs to examine accountability in the Town Manager's Office regarding power. She noted that there used to be an annual meeting of all the committee chairs. She is perplexed regarding how the memo got this far without staff having conversation with the committee members, or the committee chairs themselves. She is concerned that, over the last few years,the roles of the committees have been diminished and this is changing the community of the Town. She believes that there needs to be training for staff on how they interact with committees. Kunal Botla,40 Grapevine Avenue, expressed concern about having the Town Manager's Office or the Town Manager having appointing authority over many of these committees. He stated that tonight's Select Board discussion should focus on examining what can be changed,what can be updated,what kind of methods can be used to interact with committees,and merging committees which have similar focuses into bigger committees that can have deeper discussion. Dan Voss, Chair of Sustainable Lexington, stated that he believes it is tremendously important to have the opportunity to give citizenry a voice which may not be consistent necessarily with the voice of the Town Manager or his staff, as that may not be a voice that reflects the challenge that the community is willing to take on. Jessie Steigerwald, 143 Cedar Street, stated that the Town Meeting Members Association has conversation among itself regarding what it values and what kinds of committees guide its decision- making,but she appreciates the Select Board having these discussions as well. She stated that she appreciates the memo and the discussion. Ms. Hai asked that Mr. Malloy bring back an updated consideration to the Board at a future meeting for continued discussion. DOCUMENTS: Board and Committee Memo 6. Review Draft Select Board Report for Fiscal Year 2022 Annual Town Report Ms. Hai noted that submission of reports for the Fiscal Year 2022 Annual Town Report were due to the Town Report Coordinator in early September. The Select Board is being asked review and comment on the draft of Select Board's Report submission for the Fiscal Year 2022 (July 1,2021 -June 30, 2022) Annual Town Report. Ms. Barry agreed to edit this document for accuracy and redundancies. DOCUMENTS: Draft Select Board Report-FY2022 Annual Town Report-Track Changes, Draft Select Board Report-FY2022 Annual Town Report, Message of the Select Board-FY2022Annual Town Report ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at 9:33pm. A true record;Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING September 19,2022 A remote participation meeting of the Lexington Select Board was called to order at 6:32 p.m. on Monday, September 19, 2022 via hybrid meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Ms. Kosnoff, Assistant Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's website PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports The Board reviewed the concerns and liaison reports. DOCUMENTS: Select Board Concerns and Liaison Reports- September 19,2022 TOWN MANAGER REPORT 1. Town Manager Weekly Update Ms. Kosnoff stated that there are no additional reports from the Town Manager's Office this evening. DOCUMENTS: Town Manager's Weekly Update Week Ending 9-16-22 CONSENT AGENDA Ms. Hai noted that she is removing item#3,Approve Select Board Report for Fiscal Year 2022 Annual Town Report, from the Consent Agenda,as the document has not yet been fully edited. This will be brought back for a future meeting. 1. Battle Green Use Request—Lexington Veterans Association To approve the request of the Lexington Veterans Association to use the flagpole area of the Battle Green for the purpose of a Military Flag Ceremony in honor of Winston E. "Pat" Flynn,the Town's first Veterans Services Officer(VSO),to be held on Sunday, October 2,2022 from 3:00pm to 4:00pm. 2. Approve One-Day Liquor Licenses To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving beer in a beer garden within a cordoned off area at the end of Muzzey Street* at Massachusetts Avenue to the southside of 6 Muzzey Street during Lexington Discovery Day on Saturday, October 8,2022 from 11:3 Oam to 3:3 Opm. *The location for the Lexington Discovery Day beer garden is subject to modification as may be required by Department of Public Works and Town Engineering up to the time of the event due to potential work for the Center Streetscape Project. To approve two One-Day Liquor Licenses for the Lexington Historical Society to serve beer,wine, and cider at Buckman Tavern, I Bedford Street, for the purpose of the two events as follows: Tavern Night on Saturday, October 22,2022 from 5:00pm to 8:00pm outside, directly behind Buckman Tavern near the garden area; and Tavern Night on Saturday,November 19, 2022 from 5:00pm to 7:00pm inside of Buckman Tavern. DOCUMENTS: 2022 Lexington Discovery Day Beer Garden Location Map,2022 Lexington Discovery Day Beer Garden Procedures for Serving Alcohol 3. Approve Select Board Report for Fiscal Year 2022 Annual Town Report This item was removed from the Consent Agenda. 4. Select Board Committee Reappointments &Resignation To reappoint the board and committee members as indicated on the attached list effective on October 1, 2022. To accept the resignation of Rina Kodendera from the Vision for Lexington Committee effective immediately. DOCUMENTS: 2022 September Board/Committee Reappointments/Do Not Reappoints, Resignation Letter-R. Kodendera 5. Approve and Sign Proclamation—Recognition of Winston E. "Pat" Flynn To approve and sign a proclamation recognizing and posthumously honoring Winston E. "Pat" Flynn and to further name Monday,October 3,2022 as Winston E. "Pat"Flynn Day in the Town of Lexington. DOCUMENTS: 2022 Recognition of Winston E. "Pat"Flynn Proclamation VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve items 11 2,4, &5 of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: All-Alcohol Package Store Liquor License-Art's Specialties,LLC, 6:40pm 1666 Massachusetts Avenue,Unit H Mr. Lucente recused himself from this item. Ms. Hai opened this public hearing at 6:37pm. She noted that all of the necessary documents have been provided by the applicant for this Liquor License application. The application was submitted to the relevant Town staff for review, including Building,Zoning and Health Departments, and they have no objections to the Liquor License application in relationship to their departments. It was noted that the applicant must obtain any required permits or licenses from those respective departments that may be needed prior to opening the package store. In accordance with MGL Chapter 138,the legal notice ran in the September 8,2022 Lexington Minuteman and the applicant mailed the required notices to abutters. Artur Nergaryan,Art's Specialties,LLC, explained that he began his cheese&wine shop in Belmont in 2015. He has since opened locations in Belmont and Sherboume. All of the stores look and run the same. He sells a variety of different kinds of wine and craft beers. He also sells approximately 30%of food with the wine, such as selected cheeses, charcuterie items, and crackers. He chose Lexington as approximately 10%-20%of his existing customers come from Lexington to his other stores. In response to a question from Ms. Hai,Mr.Nergaryan stated that he is not concerned regarding the number of other licenses recently granted in the Center neighborhood.All of the stores will likely benefit from each other and keep customers in Lexington. Ms. Hai closed the hearing at 6:42pm. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the application from Arts Specialties, LLC for an All-Alcohol Package Store to be located at 1666 Massachusetts Avenue,Unit H, for the hours of 10:00am to 8:00pm. Monday through Saturday and 12:00pm to 8:00pm Sunday and, after the application has been approved by the ABCC,to issue the All- Alcohol Package Store Liquor License to Art's Specialties,LLC. DOCUMENTS: Application for Package Store-Art's Specialties, LLC,Map showing Location of current package stores and new request,Presentation-Arts Specialties Lexington 2. Liquor License—Change of Manager and Change of Corporate Name—The Upper Crust Pizzeria,41 Waltham Street Ms. Hai explained that The Upper Crust has submitted all the necessary paperwork needed to request a change of manager to be Rami Khatatba as well as a change of corporate name from UC Lexington LLC to UC New England LLC on their Wine and Malt Alcohol Common Victualler Liquor License. The proposed manager,Rami Khatatba, submitted a current Alcohol Awareness Training Certificate and the required CORI check has been completed. A corporate merger occurred on April 1,2016, and was registered with the Secretary of State's Office,however it was not registered with the ABCC at that time. The required Business Structure documents detailing the merger has been provided. In response to a question from Ms. Hai,Patty Berry,UC New England representative, explained that Mr. Khatatba has been acting as manager since he was appointed as manager back in October 2021. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the application from The Upper Crust for a Change of Manager and Change of Corporate Name and, once approved by the ABCC, issue an amended 2022 Wine and Malt Common Liquor License to UC New England LLC d/b/a The Upper Crust,Manager Rami Khatatba. DOCUMENTS: Liquor License Amendment Application- Change of MGR, Corp Name 3. Discussion of Additional Funding Requests Under American Rescue Plan Act(ARPA) Derek Sencabaugh,Fire Chief, Mike McLean,Police Chief; and Mike Cronin,Director of Public Facilities, addressed the Board. Mr. Cronin explained that, approximately a year and a half ago,he requested permission to have the Cary Memorial Building cupola temporarily set up for the transmission of certain signals that would normally happen at the Police Station. Step two was bringing the equipment down to the 173 Bedford Street location and also setting up a temporary radio system there.At that time, it was determined that the technology did not match from an age standpoint. Gaps in coverage are now being experienced. Chief Sencabaugh stated that there have been problems with the coverage in the community since these moves were made.At the temporary Police Station at 173 Bedford Street, the lines are VOIP,not copper, and, as a result,there is not consistent radio communications for the Police,Fire and Dispatch. Some examples of problems include that during the recent transformer fire,the Fire Department was not able to communicate with other Fire Departments that responded, and there have been instances in which Police Officers have called for assistance and found their radios didn't work. The group has reviewed the equipment that needs to be replaced and identified nine antenna locations and equipment that needs to be replaced. The cost is approximately$800,000. Chief McLean stated that the Police Department has been experiencing lapses and drop-offs in radio transmissions on a shift basis. He does not feel that there is a temporary fix available, after speaking with subject matter experts, and does not want to risk the safety of the community or any of the public safety staff on the street. In response to a question from Ms. Hai,Mr. Cronin stated that there was no proposed scope for upgrading the system as part of the rebuild of the 1575 building. It was believed the equipment was going to be able to be removed and brought back without issue. Ms. Hai asked about the five-year Capital Plan for periodic updates and upgrades to the emergency communications equipment. Chief Sencabaugh stated that he is unsure about the cycle for this Capital Plan but believes that the Fire Department and Police Department's equipment is around 20 years in age. Mr. Cronin stated that projects like this can be included in the Capital Plan so that they are not lost down the road and kept track of. In response to a question from Ms.Hai,Mr. Cronin stated that the equipment being proposed is the correct option to support the Town for the next 20 years. In response to a question from Mr. Lucente regarding how this item might be funded if not through the ARPA funds,Ms. Kosnoff stated that this could be brought to Town Meeting for an appropriation request. This is a capital request and something that could be brought forward in the Capital Plan. However,this item is very time-sensitive and waiting two months to Special Town Meeting could have detrimental effects. The other alternative would be funding this through a Reserve Fund transfer. Money is set aside in the budget each year for extraordinary and unforeseen expenses. That money can be released by a vote of the Appropriation Committee. There is only $750,000 set aside in the FY23 budget Reserve Fund. This request would require more funding than is available in the Reserve Fund,but this could potentially be addressed by appropriating more tax levy money into the Reserve Fund at Special Town Meeting. In response to a question from Mr. Lucente,Mr. Cronin explained that the quotes for this work total close to $700,000,but he always includes a potential 10%contingency. It was noted that this equipment is potentially 6-8 months out from being delivered. Chief Sencabaugh stated that the radio technicians are constantly being brought in to try to make improvements. Ms. Barry noted that she believes the Reserve Fund,or some amount of the Reserve Fund along with some ARPA funds would be a good way to fund this project. In response to a question from Ms. Barry, Chief Sencabaugh explained that the Town has permission to do work on all of the nine sites proposed for this project. Ms. Barry asked about discussing the interim 6-month period with MEMA,FEMA, or the federal government. It was noted that this has not yet been considered. Ms. Barry noted that she is very disappointed that the ball was dropped in this situation. Mr. Pato stated that he is having trouble finding a nexus for this project to be funded through ARPA funding. His preference would be to allocate this from the Reserve Fund,with a plan to go to Special Town Meeting to replenish the Reserve Fund out of the tax levy. The Board could authorize an overrun amount out of ARPA funds,with the hope that it will not need to be used. In response to a question from Mr. Pato regarding some recently replaced transmitter equipment on the Route 2 tower, Chief Sencabaugh stated that this was new equipment,but an old technology that will no longer be supported. Mr. Pato also expressed his discomfort that the move was not planned for in regard to a change in technology. Mr. Sandeen stated that he does not see this as an ARPA-related expense. He sees this as an unexpected cost of the Police Station move, and that funds should be allocated appropriately. He recommended using the Reserve Fund and then requesting to appropriate additional reserve funds at Special Town Meeting. He stated that he believes ARPA funds are designed to assist residents and businesses with recovering from the pandemic. Ms. Barry stated that public safety has been there through COVID and continues to be there through COVID. They cannot be there for residents through COVID if they don't have a communication system. She would support some of the funding being covered through ARPA funds,while the rest is taken from the Reserve Fund. She requested that a conversation take place between the Town's public safety officials and the appropriate party at the State and Federal level to see if they could come in and assist us in this interim time. Ms. Hai noted that,in setting the Board's priorities for ARPA, one of them was public health and safety. This certainly falls into the public safety category; however,this really is an unexpected capital expense. She would prefer to use the Reserve Fund for this. She also echoed Ms. Barry's comment regarding seeking interim help from the State,because six months is an incredibly unsettling thought. She agreed with starting the funding for this project at$750,000 from the Reserve Fund and authorizing whatever excess is needed from ARPA,while requesting at Special Town Meeting that the full amount necessary be allocated. Ms. Barry noted that it is unfortunate that neither the Appropriation Committee,nor the Capital Expenditures Committee were in the loop on this item prior to this meeting. Dawn McKenna,Precinct 6 Town Meeting Member, stated that she does not believe this should be %_1 funded by ARPA funds and does not believe ARPA funds should be used as backup for this item. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to authorize up to $750,000 from the Reserve Fund and up to $50,000 from ARPA funds to cover the public safety and communications system, as necessary, and further,to add to the Special Town Meeting 2022-3 a request to appropriate an amount to the Reserve Fund in replenishment. DOCUMENTS: Lexington Fire Department Communication Infrastructure Quote,Lexington Police Department Radio System Quote,Lexington Police Simulcast Radio System Quote, Lexington Police Simulcast Radio System PDHQ Quote, Liberty Ride Trolley Tours-9-19-2022 4. Special Town Meeting 2022-3-Presentation- STM 2022-3 Article: Appropriate for Public Facilities Capital Projects (Town Pool Domestic Hot Water Heater) Mr. Cronin stated that the Select Board is being asked to review and discuss the various options for domestic hot water heater replacements that were evaluated and presented in the Design Memorandum. There were seven new options evaluated,plus the direct replacement of the oil-fired burner. He explained that there was an assumption made regarding how many gallons of hot water per hour was needed for the pool area; this was approximately 105 gallons. There are two different systems that are being recommended by the engineer: options three and seven. The third option is a solar-assisted heat pump, and the seventh option is a solar hot water heater system. The solar-assisted heat pump is preferred because it has a low operational cost,great energy efficiency, and is fairly small from a from a size standpoint. The solar hot water heater system is the lesser preferred option because it is unclear what the impact on the roof would be. He noted that there was an approximately$10,000 additional cost associated with demolition of the existing system, and there will be a cost to engineer each system to tie into the existing system. Thus,the estimated cost for option number three is $35,000. Mr. Cronin stated that this will need to be brought to Special Town Meeting for appropriation. If this is approved,there would be enough time to appropriate funds,purchase the system and have it installed, hopefully before the beginning of the next hot water season,which is Memorial Day. It is unclear if the current system will make it through another season. If the system goes down,the entire Complex must shut down because the Town is required to have domestic hot water available to take showers and wash hands. Mr. Sandeen stated that option seven has a substantially lower cost than option three over the long-term. His other concern regarding option three is that these systems are clearly European-oriented,and it is unclear if they are compatible with US power. It is unclear if there are service networks around here for this product. The spec sheets state that these are 2kW and he believes this might be smaller than what the Town needs. While he would support either option,option seven seems to be sized appropriately to the needs of this project and will deliver a much lower total lifecycle cost than option three. Ms. Barry stated that she has wanted a solar system on the roof of that building for a long time and,thus, supports option seven. Melissa Battite,Director of Recreation&Community Program, stated that she would like the system that gives the best return on the investment,but also the system that is going to provide the best maintenance and opportunity to sustain the new system. She stated that the pool averages 400 people per day and is a lifeline to many. She does not want to see its short season interrupted. Mr. Pato stated that he also has some concerns regarding option three. He is a little concerned about availability of parts or replacements over time, if there is not a large US presence for this company. If option seven could be executed in a timely fashion,that would likely be his choice. In response to a question from Mr. Lucente, Mr. Cronin stated that option seven would require approximately 14 panels to be installed on the sun side of the roof. Mr. Lucente stated he would support option three in order to maximize the use of the current roof with an all-solar system at some later point. Mr. Cronin stated that he can investigate solar as a whole system but is concerned about the structural integrity of the roof to support a full solar system. In response to a question from Ms. Hai,Mr. Cronin stated that he is unsure about the age of that building and the expected remaining lifespan of that building. The roof is relatively new,but he is concerned with the underlying structure. Ms. Battite stated that the roof was renovated in 2018. Mr. Sandeen noted that the new Inflation Reduction Act provides a 30%tax credit for solar energy systems. He does not believe option three would qualify for this. Mr. Cronin stated that, in speaking with the engineer,he believes both options would qualify. Mr. Cronin stated that,regarding the concern over option three being a European-based company,he spoke to the engineer and highlighted the exact same issues. The engineer said that there have been recent installations in the US which have gone well. Ms. Barry requested that Mr. Cronin present this to the Recreation Committee at its next meeting. DOCUMENTS: Design Memorandum-Domestic Water Replacement Options,Hot Water Heater- Option 3,Hot Water Heater- Option 7 5. Update on Liberty Ride Casey Hagerty, Economic Development Coordinator, explained that Liberty Ride was operating out of the temporary Visitor Center in 2019. In 2020 it did not operate at all. In 2021/2022 it has been operating on a part-time schedule. She explained that a survey was sent to approximately 40 board and committee members, from the Select Board,Planning Board,Tourism Committee,EDAC and Lexington Center Committee. 13 responses were received,and most were very positive. The responders felt that the Town benefits from Liberty Ride and it should continue as a municipal service. People felt that the guided aspect of the tour was important and served as a special tourism experience in Lexington. People felt that there were different operational changes that could be made. This survey was also sent to 20 Center businesses and other businesses that are directly impacted by the tourism economy. Seven responses were received and were all very positive as well. 100%of the businesses felt that Liberty Ride brought customers into their stores. Some of the businesses felt that more stops should be added. This survey was also sent to people who bought digital tickets for Liberty Ride. 290 responses were received, and they were overwhelmingly positive. For a short period,this summer,Liberty Ride had to operate out of a bus due to mechanical problems with the trolley. During that period,Liberty Ride received some negative feedback, so the trolley aspect seems very important. Ms. Hagerty stated that Liberty Ride has increased its marketing efforts over the past few years. She stated that increasing transportation costs have been a challenge. One-year contracts have been issued for the past few years with only one bidder response. Joseph's Transportation, out of Medford,has a bit of a monopoly over the industry at this time, and so they can dictate their prices. The guides for Liberty Ride also need a bit of an increase in wages, as it is not competitive with other similar tour companies. COVID-19 has also caused an impact on services,with Liberty Ride seeing 75%of the tourism visitation numbers as it did in 2018. Prices for tickets are also considered slightly high. Ms. Hagerty stated that there are three options moving forward. One is purchasing an electric trolley using ARPA funding. The second would be to purchase a gas diesel trolley using ARPA funding. The third option would be to lease or contract, as Liberty Ride has done in the past. Each option was evaluated using the previous operating schedule.April through Memorial Day,Liberty Ride runs four tours a day, on the weekends. After Memorial Day,tours run seven days a week, four tours a day. Estimates were made based on 166 days of operation. Regarding the lease option,Liberty Ride would issue an RFP for a new transportation vendor,and the Town would continue to hire guides. Liberty Ride would also hire a part-time in-house coordinator. This option results in a negative approximately$84,000 deficit, due to the high transportation cost associated with contractual services. Regarding the option to purchase a diesel trolley using ARPA funding,the capital cost would be the ARPA diesel trolley, and the Town would hire guides,drivers, and a full-time in-house coordinator. This option would allow a bit more flexibility to explore options such as hop-on/hop-off services and partnering with neighbor communities, as well as offering special seasonal tours. In this scenario,if the capital cost is removed,Liberty Ride would make approximately$26,000 in revenue each year. The third option would be to purchase an electric trolley, using approximately$450,000 of ARPA funds. It would also be recommended to purchase a level three charger, for approximately $40,000. In this scenario,the Town would hire the guides, drivers, and the full-time in-house coordinator. Similar to the diesel trolley option,this option would allow for exploration of other options, due to increased flexibility in schedule. In this option,the Town would potentially be eligible for State and Federal rebates. In the third option,removing the capital costs,Liberty Ride would be making approximately$9,500 in revenue each year. In response to a question from Mr. Lucente, Ms. Hagerty stated that, if the Town owned its own trolley, there could be the potential to rent it for non-tour events, such as weddings. Regarding the electric trolley option,Ms. Hagerty stated that these have an electric truck chassis to start and then a trolley company would finish off the inside to look just like the current Liberty Ride trolley. The electric trolley would likely be able to run between 105-120 miles,which would fit the current Liberty Ride schedule. Mr. Pato stated that given the state mandate to move to electric vehicles by 2035, the future capital replacement cost in both scenarios should use the same value for an electric vehicle rather than the price of a gas vehicle for the current non-electric model. So, when further examining the projected future capital costs, the net income ends up being almost the same, if not slightly better on the electric than the gas. He agreed that there is a clear nexus regarding this proposal and ARPA funding. In response to a question from Mr. Sandeen,Ms.Hagerty stated that she believes the lead time for a new trolley could be between 6-12 months. The current contract could be extended for one year,or a new RFP could be sought for that time. Mr. Sandeen suggested that grants for electric vehicles be researched. He also noted that a bi-directional level three charging station could create revenue, and this should also be researched. In response to a question from Ms. Barry,Ms. Hagerty stated that if the Town owned the trolley, a full- time,year-round coordinator position would be recommended. This person would mostly work on marketing sales,logistics of the trolley,booking charters in the winter for the upcoming spring and fall, and helping with any special events. This person could also help at the Visitor Center. In response to a question from Ms. Barry,Ms.Hagerty explained that the trolley would need to be stored at an RV storage facility or in a pop-up garage. There is not currently room at the DPW, especially in the winter,to store the trolley inside. During other seasons it could be parked outside somewhere in Town. In response to a question from Ms. Barry regarding if a smaller trolley was considered,Ms. Hagerty stated that she did receive quotes for smaller electric shuttle buses. Once negative feedback was received from visitors regarding the bus experience,this was eliminated as an option. The negative feedback was partially due to sightlines from the bus and partially due to the ambiance of the trolley itself. Ms. Hai stated that she is strongly supportive this proposal. She believes this is an attractive tourism option. She would like to see additional information regarding costs and the charging station. DOCUMENTS: Presentation-Liberty Ride Trolley Tours 9-19-22,Liberty Ride Survey Results, Tourism Committee Recommendations,Presentation-Liberty Ride Trolley Tours 6. Approve Town Office Building Employee Parking Plan During Police Station Construction Mike Cronin, Director of Public Facilities&Mike McLean,Police Chief Ms. Hai explained that, during the Police Station construction,the Town Office Building parking situation will require alternative parking spaces for Town staff.Mr.Malloy has determined the best location to be the NStar parking lot, as an alternative lot on a first-come, first-served basis. The Town Manager has received a complaint from Jerry Michelson about the use of this parking lot, and a request to consider the Depot Lot for overflow parking for Town staff. Chief McLean explained that the Community Center was reviewed as a location for parking and shuttling for staff. Muzzey was also reviewed,but there are some deed restrictions associated with that location. The final proposal is for some parking behind the Cary building, a few nearby metered spots,and the NStar parking lot. Signs will be put up and staff will be notified of these changes. Mr. Michelson stated that, in his opinion,temporary parking for dedicated Town staff would work best in the Depot Lot, as opposed to the NStar lot. Alternatively, Town staff could be included in the employee parking program,which allows people to park on a first-come first-served basis in either the Depot Lot or the NStar Lot. He sees these options as better than dedicating the entire NStar Lot,which is located 30' from the front door of five businesses. Ms. Hai agreed that she has concern regarding agreeing to a parking proposal that could negatively impact surrounding businesses. There are a lot of opportunities to receive feedback from the Center Committee, the Parking Management Group, or the Retailer's Association. Mr. Lucente agreed that the Depot Lot might be a better parking location for staff, and he does not want to take away prime parking locations for businesses on Mondays through Fridays. The distance between the Depot Lot to the door of the Town Office buildings is 392' at the closest, and 580' at the furthest. Mr. Pato agreed that he would not want to lock out the public from being able to use the charging stations that exist in the NStar Lot. Mr.Michelson showed a potential walking path from the Depot Lot through the bike path, and this seems like a more viable option. Mr. Sandeen and Ms. Barry echoed the previous comments of Board members. Ms. Hai asked for follow-up regarding creating a safer walking path closer to the Town Office building from the bypass. Ms. Barry asked that the signs be removed from the NStar Lot as soon as possible, and staff be instructed to park in the Depot Lot. Ms. Kosnoff suggested that she reach out to the Public Works Director to request that the tow signs be removed. She would like to consult with the Town Manager regarding putting together a revised parking plan before communication is sent out to the employees regarding the parking location. Ms. Barry also requested that staff consult with stakeholders, such as the Retail Association,on this item. Chief McLean noted that it will soon start getting dark quite early, and there may want to be a consideration for lighting near the Depot Lot and onto the bike path. Dawn McKenna, Tourism Committee Chair,noted that she was hoping to be able to speak during the Liberty Ride agenda item, as she has information that could be useful to the Board.Ms. Hai asked Ms. McKenna to submit any information to the office. DOCUMENTS: Town Office Building Parking Plan,Jerry Michelson Memo ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at 8:59pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Accept and Sign Easement - 1050 Waltham Street PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.4 SUMMARY: Category:Decision-Making Attached please find the easement for the Right-of-Way at 1050 Waltham Street as required by the MOU for the PSDUP for this project. This has been reviewed by Planning and Town Counsel and is ready for the Select Board approval and authorization to execute. SUGGESTED MOTION: To approve the right-of-way easement document at 1050 Waltham Street as attached and authorizing the Town Manager to execute said right-of-way document. Move to approve consent. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type .1 �'aserrxenf C,'over Vllern(.�) I�',xl-iibit A (Awer Mllerno Town of Lexington Land Use and Development Office W a A AP IL IY` MEMORANDUM Date: October 19, 2022 To: Jim Malloy, Town Manager Cc: Carol Kowalski, Assistant Town Manager for Land Use, Health and Development Kim Katzenback, Executive Clerk, Karen Mullins, Conservation Director From: Sheila Page, Assistant Planning Director Re: Acceptance of Easement at 1050 Waltham Street: Revolution Labs As required in the MOU with BH GRP 1050 Waltham Owner LLC (Greatlands Realty) dated March 9, 2020 regarding Planned Development District-5: Revolution Labs, Greatlands Realty is providing a pedestrian easement from Waltham Street to the adjacent property at 1010 Waltham Street so that public can access the trail network. Attached are the documents for the Select Board's vote to accept the easement. The documents have been reviewed and are acceptable to Town Counsel. RECORD AND RETURN TO: Town of Lexington c/o Anderson&Kreiger 50 Milk Street,21"Floor Boston,MA 02109 Attn:Mina Makarious,Esq. Recording Information Area GRANT OF EASEMENT Revolution Labs Owner, LLC, a Delaware limited liability company(the "Grantor"),with a principal address of c/o Singerman Real Estate, 980 N. Michigan Ave, Suite 1700, Chicago, Illinois 60611, for nominal consideration paid, the receipt of which is hereby acknowledged, grants to the Town of Lexington, acting by and through the Select Board, a municipal corporation in Middlesex County, Massachusetts, with a principal address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the "Grantee"), the non-exclusive perpetual right and easement, in common with the Grantor and others entitled thereto, on land commonly known as 1040-1050 Waltham Street in Lexington, Middlesex County, Massachusetts ("Grantor's Land"), to use that portion of the Grantor's Land shown as "8' Pedestrian Access Easement"in Exhibit A attached hereto (the "Easement Area") for pedestrian access (the "Permitted Use") from Waltham Street across the Grantor's property to an adjacent pedestrian trail upon the adjoining private Brookhaven property located at 1010 Waltham Street(the "Easement"). The Easement is being given pursuant to a Memorandum of Understanding ("MOU")by and between BH GRP 1050 Waltham Owner LLC, as predecessor in interest to Grantor, and Grantee, dated March 9, 2020 and recorded at Middlesex South District Registry of Deeds in Book 75831, Page 190. Grantee, and members of the general public, shall be permitted to use the Easement Area for the Permitted Use during daytime between Sunrise and Sunset plus thirty(30)minutes, and shall not interfere with the quiet enjoyment by Grantor, its successors, assigns and their guests and invitees, of Grantor's Land. Persons using the Easement Area shall do so in a quiet and respectful manner. Grantee shall not be responsible for enforcement of the foregoing restrictions,but may elect to enforce such restrictions at its sole discretion. Use of the Easement Area will be subject to the Grantor's reasonable rules and regulations. Grantor, at Grantor's sole cost and expense, shall maintain the Easement Area, provided that Grantor shall not be responsible for maintenance, improvements or easements on any adjoining property outside of the Easement Area. Grantor shall install signage to properly mark the Easement Area. The Grantor shall not: (i) materially obstruct, or permit the material obstruction of, the Easement Area, including by the natural accumulation of snow and ice or plowed or shoveled snow and ice within the Easement Area; (ii) use, or permit the use of, the Easement Area in any way that derogates from the intent of this Easement,or that will materially interfere with the use or purposes of this Easement; or (iii) grant other easements, leases, licenses, or deeds inconsistent with the easement rights hereunder, and any such easement, lease, license or deed granted in violation of this provision shall be null and void. Grantor may, in its sole discretion and at its sole cost and expense,relocate the Easement Area to a new location upon Grantor's Land, on at least sixty(60) days prior written notice to Grantee,provided such new location does not derogate from the intent of this Easement and shall not materially interfere with Grantee's use or purposes of this Easement. If Grantor is in violation of any of its obligations under this Easement,Grantee shall have the right, upon thirty(30) days' notice to Grantor, to remedy the violation and receive reimbursement from Grantor. Persons using the Easement Area pursuant to this Easement do so at their own risk. Neither the Grantor,nor Grantee,may charge for access to the Easement Area nor do they assume any duty to inspect or maintain the Easement Area or warn of any defects or dangerous conditions. This Easement is intended to be a recreational hiking trail easement within the definition of M.G.L. Chapter 21 Section 17C which provides for the statutory limited liability of the Grantor. Grantor warrants and represents that there are no mortgages or encumbrances prohibiting or that may negatively impact this Easement except for a mortgage in favor of ACORE Capital Mortgage, LP, a Delaware limited partnership, in its capacity as administrative agent for and on behalf of the Lenders, dated April 8, 2021 ("Mortgagee"), which Mortgagee is providing its consent to this Easement. Grantor warrants and represents that Grantor has the sole and exclusive right to grant the Easement, and that the individual(s) executing this Easement is/are duly authorized and fully qualified to execute this Easement on behalf of Grantor. Grantee warrants and represents that it is duly authorized and fully qualified to execute this Easement, as duly authorized by vote under Article 32 at the March 30, 2022 Annual Town Meeting, and that the individual executing this Easement is duly authorized and fully qualified to execute this Easement on behalf of Grantee,pursuant to a vote of the Lexington Select Board dated October , 2022 a copy of which is attached hereto and is being recorded simultaneously herewith. Should any provision of this Easement be determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision hereof. This Easement shall be construed as a Massachusetts instrument and shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts. This Easement may be executed in multiple counterparts,which when taken together shall constitute one and the same instrument. The Easement and all rights and privileges granted herein shall run with the land and be binding upon Grantor, its successors and assigns, and all those claiming title by, through or under Grantor by instruments of record, for the use and benefit of the Grantee and its agents, employees, guests, invitees and members of the public. For Grantor's title see Deed dated October 21, 2020 and recorded with said Middlesex County South Registry in Book 75953 Page 125. No Massachusetts Deed Excise Stamps have been affixed hereto as the Grantee is a municipality. [Signature Pages Follow] Executed as a sealed instrument this day of , 2022. GRANTOR: REVOLUTION LABS OWNER, LLC a Delaware limited liability company By: By: Name: Title: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of 2022, before me, the undersigned notary public,personally appeared[NAME],proved to me through satisfactory evidence of identification, which was O photographI IdentIficatIon with signature issued by a federal or state government agency, (_) oath or affirmation of a credible witness, (_) personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that [he/she] signed it voluntarily for its stated purpose, as [ ], and as the voluntary act of Revolution Labs Owner, LLC. Notary Public My commission expires: GRANTEE: TOWN OF LEXINGTON By: James J. Malloy, Town Manager Duly Authorized COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of October, 2022, before me, the undersigned notary public, personally appeared James J. Malloy, Town Manager of the Town of Lexington, proved to me through satisfactory evidence of identification,which was personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as Town Manager of the Town of Lexington, and as the voluntary act of the Town of Lexington. Notary Public My commission expires: CONSENT OF MORTGAGEE ACORE CAPITAL MORTGAGE, LP, a Delaware limited partnership, in its capacity as administrative agent for and on behalf of the Lenders, holder of the following security instruments given to it by REVOLUTION LABS OWNER, LLC (collectively, the "Security Instruments"): Construction Mortgage, Security Agreement and Fixture Filing dated April 8, 2021, recorded with the Middlesex South Registry of Deeds in Book 77473 Page 212; and Assignment of Leases and Rents dated April 8, 2021,recorded with the Middlesex South Registry of Deeds in Book 77473 Page 229 which Security Instruments encumber land located at 1040-1050 Waltham Street in Lexington, Middlesex County, Massachusetts, being a portion of Lot 2 shown on said plan dated Sept. 1956 and recorded as Plan No. 1724 of 1956 in Plan Book 8831, Page 377, hereby consents to the Grant of Easement between Revolution Labs Owner, LLC, as Grantor, and the Town of Lexington, as Grantee, recorded herewith (the "Easement") and subordinates the Security Instruments to the Easement as if the Easement had been executed, delivered and recorded prior to the execution, delivery and recording of the Security Instruments. Executed this day of , 2022. ACORE CAPITAL MORTGAGE, LP, a Delaware limited partnership, in its capacity as administrative agent for and on behalf of the Lenders By: ACORE Capital Mortgage GP, LLC, a Delaware limited liability company, its general partner By: Name: Title: Authorized Signatory, Duly Authorized Consent to Pedestrian Access Easement—Revolution Labs STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me this day of , 20221 by , as Authorized Signatory of ACORE Capital Mortgage GP, LLC, a Delaware limited liability company,the general partner of ACORE Capital Mortgage,LP,a Delaware limited partnership, on behalf of said entity. [SEAL] Notary Public, State of My Commission Expires: Printed Name of Notary Public Consent to Pedestrian Access Easement—Revolution Labs EXHIBIT A EASEMENT AREA DESCRIPTION CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD This is to certify that at a meeting of the Lexington Select Board duly held on the day of October, 2022, the Select Board voted as follows: VOTED: To approve the Grant of Easement between Revolution Labs Owner, LLC, as Grantor, and the Town of Lexington, as Grantee, substantially in the form presented at the October , 2022 meeting of the Select Board, with final changes to be approved by the Town Manager in his reasonable discretion in consultation with town counsel; and VOTED: To authorize the Town Manager to execute and accept said Grant of Easement on behalf of the Select Board. Mary de Alderete, Town Clerk Date: , 2022 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of 2022, before me, the undersigned notary public, personally appeared Mary de Alderete, Town Clerk, proved to me through satisfactory evidence of identification, which personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, as Town Clerk of the Town of Lexington, and as the voluntary act of the Town of Lexington. Notary Public My commission expires: 0 r LL w W w E Q VI { y w N w V V Q Z YQ i x o o J �z mQ w Y u O u U Q m Y U, O Z \sW�Ya Z Q J_Q LLJJ w N om9 _ AO m 1000 101 900 NOOle VLO8 dvh Ja L89 Od 99L99 N008 Oil 83NM0 1S NOlONIX3l LLLL 3/N m p LU w P - z NN o w m 1'm m ;i N `� o a u � w ~ H Q o�m - �a U w� I?w a w T J, JI ;Ln W �OZ U .0 z J J r` w� zxw z u ❑ �Z sQ� zw JZC) w ❑g w w w w J Y ¢ O w a w O z u C ❑ w J d .� - _. z UO ¢ ¢ w 3 ,u .. ... ... Z O _ 7 w ra nnr. 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LLu ❑ < =)Ln: ZS ❑ "" ~~< ❑ \dO 0 o °Ja ;LL a vwLL� Q 00 aQ z a\� �3 u ;:E'z F aF-�w ¢ G z 0©� LA U Q ❑�Q m pv CIO H V X N , Z z w Q J z 0LL S C QQ a Y aa F- m f- 3 W-W�❑ 3a o -z z. g >, O zc a 2Q z �G u° I' °a d o v==w> z U ¢ w O v�Z" Z O ❑g O w as s „' ❑ ..' �� Lev o z o ❑_ ..... , W z w".i r J^ ¢ Z w f o, �. 0� w , w YOB v, Q ._ m ££'SE ' m ❑ 4' H O a p w N �Z OF S% ❑, ¢ �7Z u; Qn OZ�O J Q U in CC w KLL❑w ❑ \� ,� uw awzo❑ ❑', o u Oa i I- O U �� �p ¢ » O vu �0 zx w O�^ w W u zx p o U in �F- zz O¢ ~w LL� I U 0 Z O —w „ Q Q d LLJ J^LO Ld 1 _ �O —� m 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.5 SUMMARY: Category:Decision-Making The Anthem Group: The Anthem Group has requested a One-Day Liquor License for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue for Lexington Pumpkin Fest on Sunday, October 30, 2022 from 12:00pm to 4:00pm. The request has been reviewed by the Police Department, Fire Department, Town Manager's Office, Economic Development Office and Department of Public Works with no concerns. SUGGESTED MOTION: To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue during Lexington Pumpkin Fest on Sunday, October 30, 2022 from 12:00pm to 4:00pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 ATTACHMENTS: Description Type D 202,21 exin.gton.nimpk-ii,.i.Fest,Beer Cktrdenl ocation.N.I.ap Backup mll.aterial D 20221 exington PufTkin F:est Beler Giarden Procedtires f6r Serving Alcohol. l3ackup MlIallerii]. fff Pumpkin Fest—Procedures for Serving Alcohol. This event will take place on Sunday October 30t"from 12pm—4pm on the Lexington Visitor Center Lawn. The Anthem operated beer garden will be open and solely serving beer,wine and nonalcoholic beverages during the hours of 12pm—4pm.The lawn area on the Lexington visitor center will be cordoned off with temporary fencing.At the entrance,Anthem will provide at least two TIP certified staff members. One staff member will primarily be focused on checking IDs and identifying intoxicated behavior.The second Anthem staff member will be responsible for supporting"wristbanding" 21+ guests as well as"floating" around the beer garden,collecting trash and keeping an eye on general behavior of the guests. All servers and bartenders will also be TIPS certified and operate one primary cash bar location.All alcoholic drink prices will range from $6.00-$12.00. Nonalcoholic drink prices will range from $2.00- $6.00. Our Anthem team will collaborate with existing local New England breweries with which existing relationships exist (e.g. Lone Pine, Bentwater Brewing,Winter Hill, etc.). Beer will be served in cans and wine will be poured (restaurant 5oz pour) in crystal cut 7oz glasses. Trash/recycling will be provided by the Anthem team as well. Guests will not be permitted to leave the perimeter with their alcoholic beverage. There will be multiple food trucks set up within the event space location for guests to purchase as well. Should you have any questions or concerns, please do not hesitate to reach out to Shelby Elwell at or at AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Grant of Location for Eversource - 10 Maguire Road PRESENTER: ITEM NUMBER: Joanne Callender, Right of Way Agent I.1 SUMMARY: Category:Decision-Making Hearing for the request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. T hib ault dated September 22, 2022, under the following public way or ways of Lexington: Maguire Road- Southwesterly from manhole MH23845, approximately 210 feet east of Westview Street, install approximately 11 feet of conduit. Southwesterly from pole 399/2, approximately 130 feet east of Westview Street, install approximately 48 feet of conduit. This work is being requested for the provision underground electric service to 10 Maguire Road. The Engineering Department reviewed the request and have no objection to the petition and indicated that Evers ourc e would need to get the necessary Engineering permits. Abutters notices were mailed as required. SUGGESTED MOTION: Move to a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. T hib ault dated September 22, 2022 and filed herewith, under the following public way or ways of Lexington: Maguire Road - Southwesterly from manhole MH23845, approximately 210 feet east of Westview Street, install approximately 11 feet of conduit. Southwesterly from pole 399/2, approximately 130 feet east of Westview Street, install approximately 48 feet of conduit. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 6:40pm ATTACHMENTS: Description Type D acisourcc(,'Ian.t of location.11R,equ(..,Ist WO 75461.2 I.O.M[agu irc,Road 1.3ackup N[aterial 180 Calvary Street Waltham,Ma 02453 EVERS.A.""URCE ENERGY September 20, 2022 Board of Selectmen Town Hall 1625 Massachusetts Avenue Lexington, MA 02420 RE: 10 Maguire Road Lexington, MA W.O.#7546212 Dear Members of the Board: The enclosed petition and plan are being presented by the NSTAR Electric d/b/a EVERSOURCE ENERGY for the purpose of obtaining a Grant of Location to install approximately 59 feet of conduit in Maguire Road. The reason for this work is to provide underground electric service to 10 Maguire Road. This service is separate from the work being performed under work order#6321095. If you have any further questions,please contact Joanne Callender at 781-314-5054. Your prompt attention to this matter would be greatly appreciated. Very truly yours, R"ald N. SC&O" Richard M. Schifone, Supervisor Rights and Permits RMS/HC Attachments PETITION OF NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY FOR LOCATION FOR CONDUITS AND MANHOLES To the Board of Selectmen of the Town of LEXINGTON Massachusetts: Respectfully represents NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY a company incorporated for the transmission of electricity for lighting, heating or power, that it desires to construct a line for such transmission under the public way or ways hereinafter specified. WHEREFORE, your petitioner prays that, after due notice and hearing as provided by law, the Board may by Order grant to your petitioner permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by T. Thibault, dated September 16, 2022 and filed herewith, under the following public way or ways of said Town: Maguire Road - Southwesterly from manhole MH23845, approximately 210 feet east of Westview Street, install approximately 11 feet of conduit. Southwesterly from pole 399/2, approximately 130 feet east of Westview Street, install approximately 48 feet of conduit. WO# 7546212 NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY BY R&&"d X 54�~q Richard M. Schifone, Supervisor Rights and Permits Dated this 20 day of September, 2022 Town of LEXINGTON Massachusetts Received and filed 2022 B.E.Co. 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L 1 = cat_UIC� Q L i v>L L (n n c a W cv GC ,Q-LLI o�> � W �� ���Y >';x«> "r L CY 0 � > LL � �, ,Cr L L 1-J C> mow/ w T CCl Y C�L l-h CY h h Lil co L� m w Lli �,� o m • I ry w N l Q Lli W w Ld w °" Q m Ld Li LLJ J_ ,,, (I...U) LL-cn LL-10 G...... o- o z 0 �, „" p w LLJz LL CD Q � C� CD z U 0 � • ry Lv N Ir— LLIN cu SN-1, LI— \/ • �/ Q X /\ E O O `� o LLJo � r z n n "w Q Kim Katzenback Subject: FW: Grant of Location Request - 10 Maguire Road, Lexington -WO#7546212 - other information needed for application Attachments: Grants-of-location-in-the-public-way 7-13-20.pdf; Maguire 1 pole (2)jpg; Maguire 3 pole (2)jpg; Maguire jpg From:Schifone, Richard M <rchard.schifone@eversource.com> Sent:Tuesday, October 4, 2022 4:03 PM To: Kim Katzenback<kkatzenback@lexingtonma.gov> Cc:Stacey Prizio<sprizio@lexingtonma.gov>; Callender,Joanne<joanne.callender@eversource.com>; Cooper, Hannah <hannah.cooper@eversource.com> Subject: FW:Grant of Location Request- 10 Maguire Road, Lexington -WO#7546212 -other information needed for application F E CAUTION:This email came from outside the Town of Lexington. Do not click links, open attachments or respond to the email ess you recognize the sender, you are expecting the communication and you know the content is safe. Hi Kim: For this Maguire Rd construction, the poles numbered (399/1, 399/3, 399/4 and 399/5 on either side of the work location are jointly owned by Eversource and Verizon. These poles have the following attaching companies(Verizon, Comcast, RCN, Lexington Fire Department, Crown Castle and Light Tower Fiber Networks) The transfers to these new poles in in progress. The double poles are currently tracked and notifications provided to each attaching company through the NJUNs system. Since these poles are Verizon maintained,once all companies have transferred their wires to the new poles Verizon will remove the old poles. The above mentioned poles are circles in red in the below picture and photos of the poles are attached 1 w ,/ rr .r /,�yyy„�w Vllpl um�w y�rr� / r y � tI dl //r u r f'�' 1l i0 0/0 v �fli:., 1, r` OD 40 co J�I %j I Of, m t r �I f � ° Irlr/ r D f ` ...... ILI 00 Ij �� ` ajoOf Ji wU� CI AP ir//r7 Ir file �j I �1J( 1P ml I �i"uF ,nl F!P JJr I! , ........yyz//Il�af k 1l rwu r,s�r��r ° ri u1 /;odr u 0, 9�cOf ,, a l/ E 1 r vIFfW '° f r,4 Old , p4 G �yN� r 1{1 if l f II II �ffry �U .w, Ifl' „r , a� J�ll Jill J A, k r/ /Rllay, 00 dv 1 r / j�",,rr �il�fl �ronl✓Fj4�� �J��n��jY" „' ki a 6,00 pl( JII jj 11s r°Y , UHF A` lu�nl�wfi 'r �� I 1W es,", ry Ifj lrlh`W�. 0001 «I , If W ( v m��� 0 s� �dG � 1 J ,1 I I u '�'" nJ wn"v / 7,1 Wa „ y �„ 1 a 1'6 , / I / , 1 / I I� .I I �I r,„I it���lll I u. ,I I / r r / r / / / l / i / / / / / / � f f / r, r i / / r/ f l I/ f/ / / / i I I r / r / I / / � r / � I / I � / 1 / / / / w m, / i / I ' ry av u y J„ I. r ' �r �y✓'ire �,. i�/// �f� ",/,;,;,� I CFI �, j I i , a D ,r d s t� Iqm 9 / W or 0 r H I I II y I,Illlui r �f I r � J I i r w r, � Y � r a kR , / w, r D , r I F I J, r i ............. INN, io/ ............... ............ 's jj, wil/ FOP, 110 .............. ..................I ....................... ........... u MINE" I i + r r "1 it IIIIIIII,uumii; I i „r r / i of 1 MEIj III"I I I I II I I I�u I V VVI� I� t r j J f %i 1 �r + u�� r t V ! ? AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Grant of Location for Eversource - 7 Harrington Road PRESENTER: ITEM NUMBER: Joanne Callender, Right of Way Agent I.2 SUMMARY: Category:Decision-Making Hearing for the request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. Thibault dated July 15, 2022, under the following public way or ways of Lexington: Harrington Road- Northeasterly from manhole MH7428, at Mass Ave,install 416±feet of conduit. Bedford Street- Southwesterly from manhole MH7343 at Harrington Road,install 30±feet of conduit. This work is being requested for the provision underground electric service to 7 Harrington Road. The Engineering Department reviewed the request and has no objection to the petition and indicated that Evers ourc e would need to get the necessary Engineering pen-nits. Abutters notices were mailed as required. SUGGESTED MOTION: Move to a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by T. Thibault dated July 15, 2022 and filed herewith, under the following public way or ways of Lexington: Harrington Road-Northeasterly from manhole MH7428, at Massachusetts Ave, install 416± feet of conduit. Bedford Street-Southwesterly from manhole MH7343 at Harrington Road, install 301 feet of conduit. FOLLOW-UP: Select Board Office/Town Clerk's Office DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 6:50pm ATTACHMENTS: Description Type D (.3rant of I ocation.Petitiori. 7 I.Ianirigton.Road Backup VIlatenal 180 Calvary Street EVERSJ.O."kURCE Waltham,Ma 02453 ENERGY October 7, 2022 Board of Selectmen Town Hall 1625 Massachusetts Avenue Lexington, MA 02420 RE: 7 Harrington Road Lexington, MA W.O.# 7601139 Dear Members of the Board: The enclosed petition and plan are being presented by the NSTAR Electric d/b/a EVERSOURCE ENERGY for the purpose of obtaining a Grant of Location to install approximately 416±feet of conduit in Harrington Road and 30± feet of conduit in Bedford Street. The reason for this work is to provide underground electric service to 7 Harrington Road. This portion of Harrington road is all underground. At the eastern end of the proposed work there are poles on both Bedford Street and Hancock Street. One of the Bedford Street poles, approximately 200 feet north of the proposed work is a double pole (pole 6/8). Eversource has completed its transfers on this double pole. The pole is a jointly owned with Verizon being the maintaining company. According to our records the following Companies have attachments on the pole: Verizon, Comcast, Crown Castle and RCN. The other poles on these streets within 500 feet of our proposed work are single poles. (see attached locus view and pictures) If you have any further questions, contact Joanne Callender at 781-314-5054. Your prompt attention to this matter would be greatly appreciated. Very truly yours, Re X, s e Richard M. Schifone, Supervisor Rights and Permits PETITION OF NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY FOR LOCATION FOR CONDUITS AND MANHOLES To the Board of Selectmen of the Town of LEXINGTON Massachusetts: Respectfully represents NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY a company incorporated for the transmission of electricity for lighting, heating or power, that it desires to construct a line for such transmission under the public way or ways hereinafter specified. WHEREFORE, your petitioner prays that, after due notice and hearing as provided by law, the Board may by Order grant to your petitioner permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by T. Thibault, dated July 15, 2022 and filed herewith, under the following public way or ways of said Town: Harrington Road - Northeasterly from manhole MH7428, at Mass Ave, install 416± feet of conduit. Bedford Street - Southwesterly from manhole MH7343 at Harrington Road, install 30± feet of conduit. WO# 7601139 NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY BY R"azd X s� Richard M. Schifone, Supervisor Rights and Permits Dated this Day of , 2022 Town of LEXINGTON Massachusetts Received and filed 2022 B.E.Co. Form X5435 (518-21) .0 .,.. 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D 7 LL Z> F W LLl (� O f �.aN, �c ° �m a,rn, u n a aJNm � W ®, g 4 �Z❑LJ H LL-- N we .n au ' n ! ,o ao b .,r�` I, ° „„�' a ro ,r�b!w ,,� ¢x a w rl- ,�_ X W Q w w �.<n�� ❑w N V S a w a 9^q p, t < b 'w t +� L J 1 z 6� N U I_L•I ^f m ( g v9� i. et a +' w p v J B �' ,� ar g ¢ !ft X H z w U W a a 3 w Q w �' �° z z_ d N Q J g•1 N� m �, i y „ r ,b y, ,n N rc d F Z v ,w o9r 9 g 9r �, ,v ❑a W m <n v Q QO co U W 1iy y Zao�°X wa 5' v aw w N W O 4 Av av eb N. �' .a 1'W-A d' u 8 ov n' rt°1 o�nd z H>0 O �<lwi j?O w> l _ d � ❑w n ❑z w 1 K U❑ w Z�m" Z � P F{pp II4 typ q LL O a� H I I f��.0 O —Z U LL W OW 4 W Z Y rxrxrxxxxxxx n✓rA r urxrxrxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx W LL Ar7'am e i�xwx rwx�w x f H❑�m F w JI ao ZZ❑-m ❑ 0ZOQZz OW o =5ooao z° z H a a U a K Kim Katzenback From: Schifone, Richard M <richard.schifone@eversource.com> Sent: Monday, October 24, 2022 5:07 PM To: Kim Katzenback Cc: Callender,Joanne; Cooper, Hannah Subject: FW: HARRINGTON ROAD - information needed identification of owners/equipment owners for poles Attachments: Locus map of poles on Bedford and Hancock LEX jpg; Hancock street jpg; Bedford St jpg; pole 6-8 lex jpg F CAUTION: This email came from outside the Town of Lexington. Do not click links,open attachments or respond to the email s you recognize the sender,you are expecting the communication and you know the content is safe. Kim Based on the last time I was out at the site, there was the one double pole in that area. There are not a lot of poles in the area since this portion of Harrington road is all underground. At the eastern end of the proposed work there are poles on both Bedford Street and Hancock Street. One of the Bedford Street poles, approximately 200 feet north of the proposed work was a double pole (pole 6/8). Eversource had completed its transfers on this double pole. The pole is a jointly owned with Verizon being the maintaining company. According to our records the following Companies have attachments on the pole: Verizon, Comcast, Crown Castle and RCN. The other poles on these streets within 500 feet of our proposed work are single poles. (see attached locus view and pictures) At that time it appeared to be down to the lower company to transfer which would be Verizon. The Eversource lines had already been transferred to the new pole and the Street light had been transferred. Since Lexington is a Verizon maintained area it would be Verizon's responsibility to remove the remaining double pole after the completion of their transfers at this time I do not know when Verizon will be scheduling their work and the pole removal Rick i v� ^ ,.,,,.i ......i M wl""����n � wglA ... 4}�I,��yi�IW''I i.�......y " �� � ,� ..,, d At� Id IIII ' ' 1 `evi1 l�� y V tiu 1 o°I..., J�dll�dull �Ju wlu" ..I "u d Id IIII I�"Id u ,„ .... ...,.....IIIII°J dlrvld' rww ��U p �rvlrvW W".. p d lu17 Iry� �I,,I„Illo oJ��� •�""w� � •w� � �0 .,��w.��w III................ 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III fff III I I jj jjj I j, jj" jig, "I Ir I' Mail,g/,"1117., Jill m A JP for, P/P 9, f0l 91 7/0- f f),�H, "I'l""I'll""I'll"all'I'll""I'lli'll'll""I'l'll""Ill,lill""I'lll,ill""I'll""I'll",ill'i'll'I'lli'll""MiiiimllllIll-MI'll","""""ll,'ll""I'll""I�Ill"",)Ill"""""ll,"Illll�����Amiiiiiii��ill""I'll"'ll""I'll""I'll",llill""I'll""I'll,'ll""I"ll""I'llill'I'll",ll,'ll""I'll""I'll",llill""I'll""I'lI.........."Il'l......................"Il'l....................III.........."Il'l....................III..........IIIIIIIIIIIIIIIIIIIIIIII AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Sign State Election Warrant PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair I.3 SUMMARY: Category:Decision-Making The Town Clerk requests Select Board approval of the November 8, 2022 State Election Warrant. SUGGESTED MOTION: Move to approve and sign the November 8, 2022 State Election Warrant. FOLLOW-UP: Select Board Office/Town Clerk DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 7:00p m ATTACHMENTS: Description Type COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH WARRANT FOR 2022 STATE ELECTION MIDDLESEX, SS. To the Constables of the Town of Lexington GREETINGS: In the name of the Commonwealth,you are hereby required to notify and warn the inhabitants of the Town of Lexington who are qualified to vote in Elections to vote at: PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY MEMORIAL BUILDING; PRECINCT SEVEN,LEXINGTON COMMUNITY CENTER; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, LEXINGTON COMMUNITY CENTER, On TUESDAY, THE EIGHTH DAY OF NOVEMBER,2022, from 7:00 A.M.to 8:00 P.M. for the following purpose: To cast their votes in the State Election for the candidates for the following offices: GOVERNOR and LIEUTENANT GOVERNOR ...............................FOR THIS COMMONWEALTH ATTORNEY GENERAL.....................................................................FOR THIS COMMONWEALTH SECRETARY OF STATE...................................................................FOR THIS COMMONWEALTH TREASURER.......................................................................................FOR THIS COMMONWEALTH AUDITOR............................................................................................FOR THIS COMMONWEALTH REPRESENTATIVE IN CONGRESS ................................................FIFTH DISTRICT COUNCILLOR ...................................................................................THIRD DISTRICT SENATOR IN GENERAL COURT (precincts 1,2,4-7) .....................FOURTH MIDDLESEX DISTRICT SENATOR IN GENERAL COURT (precincts 3,8,9) .......................THIRD MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT (precincts 1-5,7-9) ...FIFTEENTH MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT (precinct 6) ..............TWENTY-FIRST MIDDLESEX DISTRICT DISTRICT ATTORNEY .................................................................NORTHERN DISTRICT SHERIFF .............................................................................................MIDDLESEX COUNTY QUESTION 1: PROPOSED AMENDMENT TO THE CONSTITUTION Do you approve of the adoption of an amendment to the constitution summarized below, which was approved by the General Court in joint sessions of the two houses on June 12, 2019 (yeas 147—nays 48); and again on June 9, 2021 (yeas 159—nays 41)? SUMMARY This proposed constitutional amendment would establish an additional 4% state income tax on that portion of annual taxable income in excess of$1 million. This income level would be adjusted annually,by the same method used for federal income-tax brackets, to reflect increases in the cost of living. Revenues from this tax would be used, subject to appropriation by the state Legislature, for public education,public colleges and universities; and for the repair and maintenance of roads, bridges, and public transportation. The proposed amendment would apply to tax years beginning on or after January 1, 2023. A YES VOTE would amend the state Constitution to impose an additional 4%tax on that portion of incomes over one million dollars to be used, subject to appropriation by the state Legislature, on education and transportation. A NO VOTE would make no change in the state Constitution relative to income tax. QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 2022? SUMMARY This proposed law would direct the Commissioner of the Massachusetts Division of Insurance to approve or disapprove the rates of dental benefit plans and would require that a dental insurance carrier meet an annual aggregate medical loss ratio for its covered dental benefit plans of 83 percent. The medical loss ratio would measure the amount of premium dollars a dental insurance carrier spends on its members' dental expenses and quality improvements, as opposed to administrative expenses. If a carrier's annual aggregate medical loss ratio is less than 83 percent, the carrier would be required to refund the excess premiums to its covered individuals and groups. The proposed law would allow the Commissioner to waive or adjust the refunds only if it is determined that issuing refunds would result in financial impairment for the carrier. The proposed law would apply to dental benefit plans regardless of whether they are issued directly by a carrier, through the connector, or through an intermediary. The proposed law would not apply to dental benefit plans issued, delivered, or renewed to a self-insured group or where the carrier is acting as a third-party administrator. The proposed law would require the carriers offering dental benefit plans to submit information about their current and projected medical loss ratio, administrative expenses, and other financial information to the Commissioner. Each carrier would be required to submit an annual comprehensive financial statement to the Division of Insurance, itemized by market group size and line of business. A carrier that also provides administrative services to one or more self-insured groups would also be required to file an appendix to their annual financial statement with information about its self-insured business. The proposed law would impose a late penalty on a carrier that does not file its annual report on or before April 1. The Division would be required to make the submitted data public, to issue an annual summary to certain legislative committees, and to exchange the data with the Health Policy Commission. The Commissioner would be required to adopt standards requiring the registration of persons or entities not otherwise licensed or registered by the Commissioner and criteria for the standardized reporting and uniform allocation methodologies among carriers. The proposed law would allow the Commissioner to approve dental benefit policies for the purpose of being offered to individuals or groups. The Commissioner would be required to adopt regulations to determine eligibility criteria. The proposed law would require carriers to file group product base rates and any changes to group rating factors that are to be effective on January 1 of each year on or before July 1 of the preceding year. The Commissioner would be required to disapprove any proposed changes to base rates that are excessive, inadequate, or unreasonable in relation to the benefits charged. The Commissioner would also be required to disapprove any change to group rating factors that is discriminatory or not actuarially sound. 2 The proposed law sets forth criteria that, if met, would require the Commissioner to presumptively disapprove a carrier's rate, including if the aggregate medical loss ratio for all dental benefit plans offered by a carrier is less than 83 percent. The proposed law would establish procedures to be followed if a proposed rate is presumptively disapproved or if the Commissioner disapproves a rate. The proposed law would require the Division to hold a hearing if a carrier reports a risk-based capital ratio on a combined entity basis that exceeds 700 percent in its annual report. The proposed law would require the Commissioner to promulgate regulations consistent with its provisions by October 1, 2023. The proposed law would apply to all dental benefit plans issued, made effective, delivered, or renewed on or after January 1, 2024. A YES VOTE would regulate dental insurance rates, including by requiring companies to spend at least 83% of premiums on member dental expenses and quality improvements instead of administrative expenses, and by making other changes to dental insurance regulations. A NO VOTE would make no change in the law relative to the regulations that apply to dental insurance companies. QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 2022? SUMMARY This proposed law would increase the statewide limits on the combined number of licenses for the sale of alcoholic beverages for off-premises consumption(including licenses for"all alcoholic beverages" and for "wines and malt beverages") that any one retailer could own or control: from 9 to 12 licenses in 2023; to 15 licenses in 2027; and to 18 licenses in 2031. Beginning in 2023, the proposed law would set a maximum number of"all alcoholic beverages" licenses that any one retailer could own or control at 7 licenses unless a retailer currently holds more than 7 such licenses. The proposed law would require retailers to conduct the sale of alcoholic beverages for off-premises consumption through face-to-face transactions and would prohibit automated or self-checkout sales of alcoholic beverages by such retailers. The proposed law would alter the calculation of the fine that the Alcoholic Beverages Control Commission may accept in lieu of suspending any license issued under the State Liquor Control Act. The proposed law would modify the formula for calculating such fee from being based on the gross profits on the sale of alcoholic beverages to being based on the gross profits on all retail sales. The proposed law would also add out-of-state motor vehicle licenses to the list of the forms of identification that any holder of a license issued under the State Liquor Control Act, or their agent or employee, may choose to reasonably rely on for proof of a person's identity and age. 3 A YES VOTE would increase the number of licenses a retailer could have for the sale of alcoholic beverages to be consumed off premises, limit the number of"all-alcoholic beverages" licenses that a retailer could acquire, restrict use of self-checkout, and require retailers to accept customers' out-of-state identification. A NO VOTE would make no change in the laws governing the retail sale of alcoholic beverages. QUESTION 4: REFERENDUM ON AN EXISTING LAW Do you approve of a law summarized below, which was approved by the House of Representatives and the Senate on May 26, 2022? SUMMARY This law allows Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a standard driver's license or learner's permit if they meet all the other qualifications for a standard license or learner's permit, including a road test and insurance, and provide proof of their identity, date of birth, and residency. The law provides that, when processing an application for such a license or learner's permit or motor vehicle registration,the registrar of motor vehicles may not ask about or create a record of the citizenship or immigration status of the applicant, except as otherwise required by law. This law does not allow people who cannot provide proof of lawful presence in the United States to obtain a REAL ID. To prove identity and date of birth, the law requires an applicant to present at least two documents, one from each of the following categories: (1) a valid unexpired foreign passport or a valid unexpired Consular Identification document; and(2) a valid unexpired driver's license from any United States state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national identification card, a valid unexpired foreign driver's license, or a marriage certificate or divorce decree issued by any state or territory of the United States. One of the documents presented by an applicant must include a photograph and one must include a date of birth. Any documents not in English must be accompanied by a certified translation. The registrar may review any documents issued by another country to determine whether they may be used as proof of identity or date of birth. The law requires that applicants for a driver's license or learner's permit shall attest, under the pains and penalties of perjury, that their license has not been suspended or revoked in any other state, country, or jurisdiction. The law specifies that information provided by or relating to any applicant or license-holder will not be a public record and shall not be disclosed, except as required by federal law or as authorized by Attorney General regulations, and except for purposes of motor vehicle insurance. The law directs the registrar of motor vehicles to make regulations regarding the documents required of United States citizens and others who provide proof of lawful presence with their license application. The law also requires the registrar and the Secretary of the Commonwealth to establish procedures and regulations to ensure that an applicant for a standard driver's license or learner's permit who does not provide proof of lawful presence will not be automatically registered to vote. The law takes effect on July 1, 2023. 4 A YES VOTE would keep in place the law, which would allow Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a driver's license or permit if they meet the other requirements for doing so. A NO VOTE would repeal this law. Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this day of , 2022. (month) Jill I. Hai, Chair Douglas M. Lucente Suzanne E. Barry Joseph N. Pato Mark D. Sandeen Select Board of Lexington I have sewed the foregoing warrant by posting a printed copy thereof in the Town Office Building, 7 days at least before the time of said State Election. 12022. Constable of Lexington Warrant must be posted by November 1,2022 (at least seven days prior to the November 8,2022 State Election). 5 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meeting 2022-3 PRESENTER: ITEM Mike Cronin Dir. of Public Facilities; NUMBER: Melissa Battite, Director of Recreation & Community Programs I.4 SUMMARY: Category:Decision-Making Mike Cronin, Director of Public Facilities and Melissa Battite, Director of Recreation and Community Programs will update the Select Board on Article 5 -Appropriate for Center Playground Bathrooms and Maintenance Buildings. The Select Board will review assigned article p res enters and discuss articles and positions. Town Meeting Page on Town Web site SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 7:05pm ATTACHMENTS: Description Type D Aft 2 �-Aion,,,,,unpaid D Art 4.Motion.arrvrid budgets 13cl,ckup Material D Presen.-tation.Art 5 Suj.)pl.errx,,n.tal. r(Nuest Press nlation. D Art 5 Motion Umter Rec batli.romy.i; flackup Mll.aterial D Art 6 rnotion aU,'tlloriA..,,d-cap ifq:)rove Backu.p Material D Aft 7 IMI.otion(,-)I,,.)eb l3ackul.)Material D Aft,8 Motion 2501111. Backul'.)VIII.tterii]. D Ad,9 niotiori.opioid Fkackup IvIl.aterial. D Art 10 iTx)tion.doirvstic hot water heater l3ackup Mllatenal D Art 1.1. center sidewal.k.exteris ion 13'Ickup Mllatmal. D Art 14 Revised rinotion.(added lariguage to se(.-Aion 2) 1.3acki,q.)IM11,ziterial. D S'11["'IM11.2(l'2 3.position.s(Iiart Backup Mll.ateri,al Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 2 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 3 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) That$100,000 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund,and that to meet this appropriation$100,000 be transferred from the Transportation Demand Management/Public Transportation Special Revenue Fund; and b) That$107,554 be appropriated to the Transportation Management Overlay District Stabilization Fund, and that to meet this appropriation$107,554 be transferred from the Transportation Management Overlay District Special Revenue Fund; and c) That$250,000 be appropriated to the Ambulance Stabilization Fund, and that to meet this appropriation$250,000 be transferred from the Ambulance Special Revenue Fund; and d) That$1,675,999 be appropriated to the Capital Stabilization Fund,and that to meet this appropriation$1,675,999 be raised in the tax levy; and e) That the remaining balance of$494.05 in the Debt Service Stabilization Fund be appropriated to offset the FY2023 debt service of the bond dated February 1, 2003 issued for funding additions and renovations to the Lexington High School,Clarke Middle School and Diamond Middle School as refunded with bonds dated December 8,2011 and maturing on December 8,2023; and further,that subsequent to funding this final appropriation of$494.05,the Debt Service Stabilization Fund be dissolved; and f) That$4,479.48 be appropriated to the Affordable Housing Stabilization Fund, and that to meet this appropriation$4,479.48 be transferred from the Community Impact Fee Special Revenue Fund; and further,that in accordance with M.G.L. Chapter 40, Section 513 paragraph four,that all future Community Impact Fees received from short-term rentals pursuant to M.G.L. Chapter 64G, Section 31)(a)and 31)(b)be deposited into the Affordable Housing Stabilization Fund. (10/24/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 4 AMEND FY2023 OPERATING,ENTERPRISE AND CPA BUDGETS MOTION: (a) That the following adjustment be made to the following line items for the FY2023 Operating budget as approved under Article 4 of the 2022 Annual Town Meeting: Line Item Program From To 2110 Contributory Retirement $81159,250 $9,2191250 2120 Non-Contributory Retirement $16,777 $ 2430 Temporary Borrowing $110501046 $762,975 2510 Reserve Fund $7501000 $112501000 2600 Facilities (for energy expense) $1216691307 $13M69,307 8210-8220 Town Manager Personal Services $956,568 $1,0111696 8210-8220 Town Manager Expenses $289,185 $2941275 8400 Finance Expenses $498,835 $508,835 8600 Innovation&Technology Personal Services $867,192 $81204 8600 Innovation&Technology Expenses $1,860,535 $1,855,445 (b) That the following adjustment be made to the following line item for the FY2023 budget to operate the Water Division of the Department of Public Works as approved under Article 5(a)of the 2022 Annual Town Meeting: Program From To Debt Service $1,2241746 $11195,180 (c) That the following adjustment be made to the following line item for the FY2023 budget to operate the Wastewater Division of the Department of Public Works as approved under Article 5(b) of the 2022 Annual Town Meeting: Program From To Debt Service $115951417 $115611470 ..................................................................... MWRA Wastewater Assessment $8,499,573 $814321792 (d) That the following adjustment be made to the following line item for the FY2023 revolving fund spending authorization levels as approved under Article 9 of the 2022 Annual Town Meeting: Program From To DPW Compost Operations $86700 $9231100 (10/21/2022) _ O N O N � O Cl) co m � IQ Q) oi� � O m O HIV � O 0 z ,o u N N > > 0 0 N C/) E V � � o � C: 0co 3 C: 0 O cm m N O m CO am C%q � x O �CN x N � Q C%q cn(D C: Q (L) E o E ww� 0 0 .� o U .� o U co o .o 0 C:) .o C:) -�-a T--- C) C:) Co C:) Co U C:) �j U C:) �j U) C/) C: (D C: N 0 � U cn C: 4-j 0 (D cn C: W � 0 W C)CN > C/) C) co C/) CO M 0) O tp LO C) C/) C:)% C:) 0 M"W* T m 00 It C**4 CL (D C/) (3) qIZIM CD 7t C%4 CY) C*4 0 Cl) CN C/) x 0) m (D U) > Z a) � O � � co N 0 0 4-0 CN C: N O � � CN CN "o C/) 00 Q C j O qzt (D C: 0 0 M -�-j :3 >1 =3 C/) 0) 0 0 C: 0 � Y 0 (6 � U (0 � CC.) �, L =a L U OMEN CL MIMI No 0 m C/) CL co CO U) � � a) 0 � O a) (a) Z a� > E No-0 NEI C) C) c C: C: C) C) o v� o � E o SaoMIMI 0) C: O � � O O O -- O C� O M O N ■ N LO 09- O N LM Co CLV C: O 0 0 O o LM _ O m CL m m cn cn x C� - O m O O L O C� O u Town of L SpecialMeet* 2022-3 . NL " ARTICLE 5 APPROPRIATE FOR CENTER PLAYGROUND BATHROOMS AND MAINTENANCE BUILDING MOTION: That the Town hear and act on the supplemental report of the Community Preservation Committee on the FY2023 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, take the following actions: That the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That $400,000 of supplemental funding be appropriated for the renovation of the Center Playground Bathrooms and Maintenance Building, and all incidental costs related thereto, to supplement the funding approved under Article IOe of the 2022 Annual Town Meeting, and that to meet this appropriation $400,000 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 6 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 7 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That this article be indefinitely postponed. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 8 APPROPRIATE FOR 250th ANNIVERSARY OF THE BATTLE OF LEXINGTON CELEBRATION MOTION: That $75,000 be appropriated for planning and promotion of the 250th Anniversary Celebration of the Battle of Lexington, including website development and maintenance, memberships, printing, marketing materials and other costs incidental or related thereto; and that to meet this appropriation $75,000 be raised in the tax levy. (10/18/2022) Town of L SpecialMeetl*ng - ARTICLE 9 OPIOID SETTLEMENT MOTION: That the Town appropriate $76,256.29 for the purpose of supplementing and strengthening resources available to Lexington communities and families for substance use disorder prevention, harm reduction, treatment, and recovery, to be spent under the direction of the Town Manager and with input from local stakeholders including people with lived experience of the opioid epidemic; and that to meet this appropriation, $76,256.29 be appropriated from state funds allocated by the Commonwealth to the Town of Lexington from Statewide Opioid Settlements between the Massachusetts Attorney General and certain non-bankrupt opioid industry manufacturers and distributors. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 10 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS (TOWN POOL DOMESTIC HOT WATER HEATER) MOTION: That$60,000 be appropriated for the purchase and installation of a non-fossil fuel, solar-powered domestic water heater and associated components, at the Irving H. Mabee Town Pool Complex; including demolition of the existing system and all other costs incidental and related thereto, and that to meet this appropriation $60,000 be raised in the tax levy. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 11 APPROPRIATE FOR CENTER STREETSCAPE SIDEWALK EXTENSION MOTION: That $700,000 be appropriated for the rebuilding and repaving of sidewalks adjacent to the Center Streetscape, and other incidental costs or improvements related to such construction; and that to meet this appropriation $700,000 be raised in the tax levy. (10/18/2022) Town of Lexington Motion 2022-3 Special Town Meeting ARTICLE 14 LEXHAB REORGANIZATION MOTION: That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: AN ACT REORGANIZING THE LEXINGTON HOUSING ASSISTANCE BOARD, INC. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1: Chapter 521 of the Acts of 1983 shall be repealed and replaced in its entirety with the following: SECTION 1. There is hereby established an independent, nonprofit housing corporation to be known as the Lexington Housing Assistance Board, Inc. or "LexHAB". SECTION 2. LexHAB shall be governed by a board of directors referred to in this act as the board. The board shall consist of not less than five and not more than nine members. Each member of the board shall be a resident of the Town of Lexington at the time of initial appointment and shall serve for a three year term. Terms shall be staggered such that the term of no more than 40% of the board members shall expire in any one year. Appointments to the board shall be made annually on or before June 30 by the members of the board then sitting, subject to confirmation by the Lexington select board. Members shall serve until their successors are appointed and qualified. Continuing members may act despite a vacancy or vacancies in said board and, for this purpose, shall be deemed to constitute a full board. A vacancy in the board, however occurring, may be filled by vote of the board for the remainder of the unexpired portion of the term. The members of the "Lexington Housing Assistance Board, Inc." established pursuant to Chapter 521 of the Acts of 1983 in office as of the effective date of this Act shall constitute the board for purposes hereof for the remainder of their unexpired terms. SECTION 3. Members of the board shall not receive compensation for the performance of their duties under this act, but each member may be reimbursed by LexHAB for expenses incurred in the performance of the member's duties. SECTION 4. The board shall exercise its powers and perform its duties for the purpose of investigating and implementing alternatives for the provision of and providing affordable housing for persons of low, moderate and middle income, and others whose needs may be identified from time to time, in the town of Lexington. The powers and duties of the board shall be alternative and supplemental to, and not in limitation of, the powers and duties of the Lexington Housing Authority established pursuant to chapter one hundred and twenty-one B of the General Laws. Town of Lexington Motion 2022-3 Special Town Meeting SECTION 5. Operation of LexHab shall be independent of the Lexington select board and the town manager. SECTION 6. The board shall have the powers and privileges conferred by paragraphs (a)to (i), inclusive, and paragraph (k) of section nine of chapter one hundred and fifty-six B of the General Laws, and the following powers, provided that no such power shall be exercised in a manner inconsistent with this act or any general or special law, or to carry on any activity which is not in furtherance of the purposes set forth in this act: (a) to adopt, amend and repeal by-laws for the regulation and conduct of its business including but not limited to the call and conduct of its meetings, the number of members which shall constitute a quorum and the mode of voting by proxy; (b) to elect a chairperson and vice-chairperson,each of whom shall be members of said board, and a secretary and a treasurer,who need not be members of the board, and who may be the same person. The treasurer shall give bond for the faithful performance of their duties in form and amount approved and fixed by the board, the cost of which bond shall be paid from funds of the board. The chairperson and, in their absence, the vice-chairperson shall chair meetings of the board. The secretary shall be the custodian of all books, documents and papers filed with the board and of the minute book or journal of the board; to make and execute all contracts and all other instruments necessary or convenient for the exercise of its powers and functions; (c) to acquire or lease, by purchase or otherwise, and to own, hold and use, on such terms and conditions and in such manner as it may deem proper, and to exchange, grant options on, sell,transfer, convey, assign,lease,pledge,mortgage, encumber, grant liens on and security interests in, or otherwise dispose of, on such terms and conditions as it may deem proper, real, personal or mixed real and personal property or any interest, easements or rights in that property, and any assets or revenues of the board,as may be necessary or appropriate to carry out its purposes, it being understood that the board's right to acquire or sell town-owned real estate may also be subject to authorization by town meeting vote in accordance with other applicable laws; (d) to enter into agreements or other transactions with the commonwealth, the town of Lexington or any other political subdivision or public instrumentality thereof, the United States government or any federal, state or other governmental agency; (e) to borrow money and to execute notes therefor, to hold mortgages, and to invest any funds held in reserve funds, or any funds not required for immediate disbursement in such investments as may be lawful for fiduciaries in the commonwealth. The board shall have no stock; (f) to enter into contracts or agreements with, and to employ from time to time contractors, architects, engineers, consultants, attorneys, accountants, construction, financial and other experts, superintendents, managers and such other agents and employees as may be necessary in its judgment and to fix their compensation. Notwithstanding any general or special law to the contrary, the 2 Town of Lexington Motion 2022-3 Special Town Meeting board shall be exempt from the provisions of chapters 30, 3 0B, and 149 of the general laws or as otherwise authorized by law; (g) to receive and hold funds, including any funds that may from time to time be appropriated by the town of Lexington in furtherance of the board's public purpose,pursuant to section nine hereof,property, labor and other things of value from any source,public or private,by gift,grant,bequest,loan or otherwise,either absolutely or in trust, and to expend or utilize the same on behalf of the board for any of its purposes or to act as an agent or conduit in administering or disbursing funds or financial or other aid from any source; (h) to appear in its own behalf before boards, commissions, departments or other agencies of government, municipal, state or federal; (i) to procure insurance against any loss in connection with the property or activities of said board, in such amounts, and from such insurers as it may deem necessary or desirable, and to indemnify its members or agents if and to the extent specified from time to time in the by-laws of said board and subject to and in the manner provided in section six of chapter one hundred and eighty of the General Laws; (k) to formulate, carry out or monitor plans for projects involving the acquisition or operation of housing facilities of any kind or nature,and to construct,reconstruct, renovate, expand, extend, improve, repair, remodel, equip, furnish, maintain, manage and operate such facilities; (1) to fix and revise from time to time, and to charge and collect rates, fees, rentals and other charges and sales prices for or in connection with the use, occupancy or other disposition of any housing facility or other property or portion thereof under its ownership or control; (m) to establish,impose,grant or amend,by deed,lease or any other means or method, and to hold the benefit of,monitor,exercise and enforce lawful restrictions on the rental, sale,resale,use or occupancy of housing facilities or other property under its ownership or control, or other facilities or property designated by the select board, or restrictions with respect to the income of owners, tenants or occupants of such housing facilities or other property, or options and rights of first refusal with respect to such facilities or property, and to waive, release or discharge any such rights or restrictions, but the foregoing shall not apply to any town-owned real estate or facilities except upon the vote of the town meeting or as otherwise allowed by law; (n) to enter into, perform or monitor agreements or other transactions with contractors, developers, brokers or other real estate professionals or any other person relating to the providing of affordable housing for persons of low and moderate income in the town; (o) to establish policies and procedures for and to implement programs, and to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act. 3 Town of Lexington Motion 2022-3 Special Town Meeting SECTION 7. The board may delegate to any committee or member of the board any action which the board is empowered to do or make. The board may be a partner in any business enterprise which the board would have power to conduct by itself. SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, the income, assets and activities of the board shall be exempt from all taxes and assessments and the board shall not be subject to any of the provisions of chapter sixty-three of the General Laws or to any taxes based upon or measured by property or income imposed by the commonwealth or by any political subdivision thereof. The board is authorized and empowered to enter into an agreement or agreements with the assessor of the town of Lexington, with the approval of the select board, wherein said board shall undertake to make annual payments to the town in lieu of taxes, in connection with any real property acquired and owned by the board, the amounts of such payments to be reasonable sums stipulated in such agreement or agreements or determined in accordance with a reasonable formula so stipulated. SECTION 9. The town of Lexington may appropriate other funds for the carrying out by said board of its purposes as set forth herein. Any appropriation therefor may be raised by the town by taxation. At least annually, the board shall cause independent audits to be made of the books and records of the board. The board shall make an annual report of its activities and operations to the select board of the town of Lexington. SECTION 10. All personal and real assets and liabilities of the "Lexington Housing Assistance Board, Inc." established pursuant to Chapter 521 of the Acts of 1983 shall be deemed transferred to the board and title to all such property and all such rights shall vest in the board automatically without the need for further action or instrument. SECTION 11. In the event that the board shall be dissolved in accordance with law at any time, all property and interests therein, assets and rights of said board existing at such time shall be transferred to the town of Lexington, or to a qualified non-profit housing development corporation designated by the town of Lexington, and title to all such property and all such rights shall vest in the town of Lexington automatically without the need for further action or instrument, and the town of Lexington shall, to the maximum extent permitted by law, and acting by and through its Select Board, assume, hold and exercise the powers and duties of said board set forth herein with respect to such property and rights so transferred to said town. SECTION 12. The provisions of this act are severable and if any of its provisions shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances. SECTION 2. This act shall take effect upon its passage. (Revised 10/20/2022) 4 C �I N C U A W M � W N � N U � O N V � � Ax W Opp* � W a 00 N w M� •� U U � � •ct Mail ct O ^+ U `� •cd ct N O ct Q Nr—q .,� ct cn ct ct ct ct C/) ct O A4 Q P� 1-1 U ° r�l cn • P-� ct 4-4 4-0 U4-4 • ct N ,� O O Q H H Q H a d cn o � U N U U U U U U O �I N C U A ti h C� � a � A � CIA O }' c � O N Q u a O bA � W �) ct N c i '- ct w O ct +' ctct N •� •U ct O z% bjG O N •O N O N � a � v� U •,� N N +-0 N 4-j N ;_0 �o U � o 0 0 0 � o •� � c7s oc U U U U U U U U AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Pleasant Street Roundabout PRESENTER: ITEM Ross Morrow Assistant Town NUMBER: Engineer and Amy Silbovitz from V I.5 HB SUMMARY: Category:Informing Attached please find a brief presentation highlighting two options for the P leas ant Street and Watertown Street intersection s ho wing both a roundabout and T intersection to replace the Y intersection. This is an initial presentation to the Select Board and the Engineering Department expects to come back a second time to address any issues or concerns the Select Board may have. The Engineering Department would like to move forward with improvements to this intersection in the next year and would need to get a design out to bid this winter. SUGGESTED MOTION: No Motion required at this time. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 7:3 5p m ATTACHMENTS: Description Type 0 N O N X co i � C LL � N N O � ct[ mLh L/) l Q LA ME 0 r ��� iglto�i�f�dlj u�jmIIIVV r �u�WN ���%////////%%/�"� � •X Q��miifl('Illli uwil �t �61111 I luu��IIIIIIIII .. 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IIIIIII � I I Q 'IIIImYd lllII'o ��IIIIIIm�� IIIIIII'll'II� , wlll''I I / I��"IIII IIIIIII h�l I � uup,Ill u' I � �II'Illlll IIuaII "ml IIIIIIIIIII I IIIIIIIIIIIIIIIIIIIIIII IIIIII'o, Il llllllllµ Illllliu �lol � m ' IIIIi�''ollll IIIIIIIIIIIIIIIIIIIIIIIII II,IIIIIIIII..."'ul mllll�lml um IIIII I mllulull Illlllyb ��I�'Im�„�� V �"I IIIIIII lun„ I I �"11118„„„I Iul .�;w I ;III'^II����" ,�"I'm'llllll Illllllllu ".IIII III'III�����lmll IIII IV.IIII m w "IIII 1111 u I EE "IOli h�""II I I � I � I� I f 9 I I � II;I��II°jII IIII I„„IIII" , I �I I O � I I I I I III„„IIIII„ I„, �ililllli a Ilmm""oolO;;Illllllil14�11,IIII Illlllllvolll, IIIIIII I IIIIIIIIIIIII 'll Q *uIII� IIIIIIII jO'' II III IIIIIIIII IIIIIIIII lul';IIIII �II IIIIIIIIIIIII II���� IIIIIII>�, IIIIIIIIu'nlll •� IIIIIIIII i;;;lluv�lll� �I „IIII IIIIIIIIIIIIIIII III'.��9100 ",IIIIII,II �II" 'IIII 'IIIIIIIII NIIII��IIII '�mm,mmllllllllll°IIIIIII a^--i, EE m lol W IIIIIII^ ul I ^W, Illiilll" II 'Ill IIIII Iiu,N IIIIId� LL IM Yb sllll Illlllm \ O O N,- I �d m �n w � N / �o O Q / / i \ AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: FY2023 Water and Sewer Rates - Continuation of Hearing PRESENTER: ITEM NUMBER: Carolyn Ko sno ff,Assistant Town Manager for F inanc e I.6 SUMMARY: Category:Informing F inanc e staff will provide a brief up d ate to the Board regarding water usage at Hanscom AF B and M I T Lincoln Labs. Town staff recently met with representatives from the Base and we are jointly working to resolve the metering issues and unexpected water usage trends in fiscal years 2022 and 2023. Staff request that the F Y2023 rate hearing be further continued to allow for more accurate usage and rates to be developed, and will recommend a timeline for completing the rate setting process. SUGGESTED MOTION: Move to continue the water and sewer rate hearing until Monday, November 7, 2022. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 8:05pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion of Additional Funding Requests Under American Rescue Plan Act (ARPA) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.7 SUMMARY: Category:Decision-Making Attached please find three additional ARPA requests as follows: . $500,000 for additional business assistance . $1,164,900 for Air Quality Monitoring Systems (for discussion/options) . $40,000 for respirator protection • $500,000 for Affordable Housing Trust • $57,202 for a bus shelter at Emery Park Additional information is being provided for all four project requests, including the form that was sent out to the Senior Management Team(and Select Board). Also attached is a revised listing of all approved requests and remaining balances for each project as well as the total amount approved to date and remaining total balance. Additionally, some projects are now complete and the Board will be receiving information on closing out previous approvals that are complete. At this time, we have the N 9 5 masks and Rapid Test Kits that can be closed out. This is discussed further in the attached memo. SUGGESTED MOTION: Move to approve $ for the following projects: (please insert project name/amount for any projects the Board seeks to approve)to be funded using the Town's ARPA appropriation and further to close out the Rapid Test Kits for$2,137 and N95 masks for $25,000 and to modify the remaining balance of$28,000 from Community C O VI D testing events to Community C O VI D vaccination events. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/24/2022 8:20pm ATTACHMENTS: Description Type DII w on.A.R.I.M.Requests (..A)ver IMI[emo D Additional Bus Shelter Prc)posals (1wer VII.em(.) D Additional.13)us Sh.elfer Proposals Ower Merno D "MIlerno fiorn lkllackett (Awer]Mllemo V r � Town o Lexington g Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: October 20, 2022 RE: ARPA Requests As per the discussion at the last Select Board meeting in which ARPA was on the agenda, I have developed a different format and am providing the requests that(in my opinion) are consistent with the Select Board's nexus to the pandemic and the all requests, including those that are not consistent. The following items have been requested that I believe are consistent with the Select Board's nexus: • Economic Development Additional Small Business Assistance for$500,000—this meets the Select Board's goals by addressing the immediate needs of businesses with economic stimulus. • Public Facilities Air Quality Monitoring System for$1,164,900—this meets the Select Board's goals by addressing the immediate needs of public health and safety. • Fire Department Respirator Protection for$40,000—this meets the Select Board's goals by addressing the immediate needs of public health and safety. • Affordable Housing Trust Housing Assistance for $500,000—this meets the Select Board's goals by addressing the immediate needs related to housing. The following item has been requested that I do not believe is consistent with the Select Board's nexus: • Human Services/Transportation Depot Bus Shelter for $57,202—the reasoning for placing this in the category of not meeting the Select Board's nexus is that it doesn't change any transit options, it is solely providing a shelter so it does not enhance the immediate needs of residents and businesses in the areas of housing, food insecurity, public health and safety and economic stimulus and resiliency. By including these, please note that this is not a recommendation, but solely providing the information to the Select Board for consideration. Attached are revised spreadsheets and back up information for the various requests. Additionally, I had indicated that we would start including recommendations on items that may be closed out. To date, I have received confirmation the following items may be closed out: 1625 MASSACHUSETTS AVENUE 9 LEXINGTON,MASSACHUSETTS 02420 • Rapid Take Home Test Kits - $2,13 7 • N95 Masks - $251000 On both of these items, the Town has received an abundant supply from the State. Additionally, the Director of Public Health is requesting that the balance of$28,000 from the Community COVID Testing Events be modified to allow for Community COVID Vaccination Events. If any additional items are confirmed to be closed out by the 10/24 meeting, I will update this list. 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E E L aJ aJ aJ aJ aJ aJ aJ o 0 0 H O O _U _U U_ m N N Ln N cn in cn w LU LU m O O O O O O O m U U E E E 0 LL Z- +- '+! '+! .Z- 'Z- +� a c >, (D co cB cv cB (D c6 t s O O O p m m m m m m m a a s a a a a •> +, +, C C C m U L L L L L L L � O O i 0 Ln O O O C C C C C a a s a a a a O ♦1 N N W W W LL N aA O O txo c . t 4- U 41 N N 4- + a--+ U O C � Q L 4. O Q N O N O r O Ln i^ O V) O N O D O cr cu Ln O H E O O CA 4- Q1 Y 4J L CO N O 00 w 4- U L QJ N QJ (/) N L N V) C m 4.1 U }' +, O Lf) 0- r-I N N 0 O cv L O Q V) rB L N O b.0 U � •L m N m 0 u,III u u u u u Name of Project:Small Business and non-profit assistance Project Cost: $500,000 Department: LUHD Cost Basis: First time for-profit business assistance up to $25,000 Second rounds for profit business assistance up to $15,000 non-profit assistance up to $10,000 Please describe the project: This round of assistance will help businesses that missed applying in the previous rounds and are now looking for assistance. Some of the additional categories of assistance would be to help with a second round of funding if the business is still experiencing losses and is struggling due to Center streetscape and also help with employee hiring stipends. Bertucci's, Maxima, II Casale and Via Lago have all noted the struggle of hiring help. We also are looking to help some non-profits and day-care centers with assistance to reach as many non-profits as possible. Please describe how this meets the Select Board's Nexus with COVID Pandemic: This will continue to help the businesses in the town strive and survive during the winter and post streetscape. This request aligns with the economic stimulus and resiliency for Lexington. Date Submitted to the Town Manager: 10/13/2022 Submitted By: Sandhya Iyer, Economic Development Director Name of Project:Air quality monitoring devices for school and town buildings. Project Cost: $1 .2-$2.3million Department: Public Facilities Cost Basis: We have evaluated 2 separate systems each using 1059 devices each covering all town and school buildings. The costs include the devices and the installation and the costs presented are quotes for the full project. Please describe the project: This project would put monitoring devices into all occupied spaces on school and town buildings. These devices would report back to a public facing dashboard and would inform folks of what is happening on specific locations of their interest. The different systems have the ability to monitor various aspects including CO2 parts per million (PPM), Relative Humidity, Temperature, Particulate Matter (PM 2.5), Total Volatile Organic Compounds, Vape Index, Noise Levels and an Air Quality Index(AQI). The U.S. AQI measures total air pollution and provided benchmarks for healthy values. When AQI exceeds 100, air quality is unhealthy-at first for certain sensitive groups of people, then for everyone as AQI values get higher. The range is 0-500. Please describe how this meets the Select Board's Nexus with COVID Pandemic: These devices provide a regular updated communication tool for staff and parents on the condition of the air quality in the town and school buildings. It directly meets the Select Board's goal of Public Health and Safety. Date Submitted to the Town Manager: 10-17-2022 Submitted By: Michael Cronin, Director of Public Facilities tAOR)V ,mj `AhM 4 I� Verkada-Town of Lexington,MA Town Wide IAQ Sensor Deployment October,2022 Scope of Project • Schools - 10 Sites, 741 Sensors • Town - 8 Sites, 348 Sensors • Total - 18 Sites, 1089 Sensors Pricing Breakdown: Price includes everything for 3 years. There will not be any out of pocket expenses charged to lexington except for physical damages to units and installations. 1089 Sensors MSRP Price Lexington Per Unit Total Price Lexington Total Per Unit Unit Price Savings MSRP Total Price Savings SV11 $1,199 $751 $448 $1,305,711 $817,839 $487,872 Hardware 3 Year $599 $375 $224 $652,311 $408,375 $243,936 Software License TOTAL FOR $179 $1126 672 $11958,,022 $1,226,214 $731,808 HW+ w Software $599 $375 $224 $652,311 $408,375 $243,936 Renewal at year 3 for 3 year license • ENE Install Price: $824 per unit, $897,336 o Includes all labor and cabling 1 o Sensors come pre-calibrated. Any sensors in question can be exchanged the next day, no questions asked. • Cost of PoE Switches TBD Product Overview • Verkada's SVII is an all-in-one sensor for monitoring environmental changes in physical spaces.With a collection of powerful embedded sensors,the SV11 simultaneously measures air quality,temperature,humidity,TVOC,PM2.5, vape,motion,and noise. • The SV11 lends itself to a wide range of use cases. From monitoring air quality to detecting temperature fluctuations, the SV11 offers a new kind of visibility and insight into physical spaces. In addition to monitoring a wide range of environmental changes,the SV11 can detect vaping and smoking events. Schools can monitor vaping and smoking behavior from Command, making it easy to conduct investigations and implement deterrence measures. • Environmental Sensor Dashboards allow organizations to easily visualize, analyze, and display readings across all of their SV11 sensors. o Choose how to aggregate and visualize readings across locations, data types, or time periods. o Combine different data tiles into a single dashboard to stay up-to-date at a glance. o Keep employees, students,and visitors informed of current environmental conditions, such as indoor air quality. • Customized alerts and SMS notification capabilities. Air Quality Index • Verkada's air quality index is calculated from the following formula created by the EPA to measure air quality. o This Air Quality Index is a simple, color-coded, unitless index that is an effective way to communicate air pollution concentrations to the general public. • EPA Reference - Slide 24 2 AQ! PM2.5 Breakpoints Vatue (jjg/M3) =MINIM= ���= +A Kin fmmax— min,_-o _j 15.5 Mobs observed 24-houraveraa concentration mVg/ma pIM=,=maximum concentration ofAQl color category that contains pMObs pmmin =minimum concentration of AQl color category that contains�� mQl~~~m=om"m AQl value for color category that corresponds topMObs mQl= minimum mQI=/"e for color category that corresponds topM~b. License Overview: • No hidden ooato - predictable renewal costs. • lO-yecr warranty on all hardware; next dayRM/\s. � Predictable Total Cost of Ownership that is more cost-effective and straightforward to budget for. • 24/7Beot-(n-o|000, North-American based technical support. • No ongoing maintenance costs. • No ongoing software costs. • Automatic firmware updates. o latest and greatest technology at all times atno additional cost. • Unlimited users, unlimited devices. Professional Services / Onboa • Configuration ofVerkada Sensor Dashboard on public web interface. • Provisioning of all sensors intoVerkada'o Command software. • User/group provisioning. • Unlimited remote web-based training for end users. o Weekly virtual office-hours with your dedicated Account Executive and Solutions Engineer for the first month after deployment. • Integration with Single Sign On provider and Active Directory. • White glove support throughout implementation from dedicated Solutions Engineer for any needs, including consulting with local installers. • Floor plan mapping with recommended sensor placement for all facilities. 3 f„r ;r r I,I�Ii l / 3, r uv in r / „1 r. a ii rr a / H r i , rig^,,,� /i. G /, ✓ ✓i �'�u�l�l r I I 6 n-. ill 7,77 V, � l,( �� . 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P t I� 'N �I'Y r fi yr 1 0 f I / I /I AroundWHY SGS SMARTSENSE? rdeploying SmartSenseSGS • Investigating known or suspected air quality issues, in both indoor and ambient KEYFEATURES environments, including: 9 Continuous monitoring with — Vapour intrusion studies readings every minute — Fenceline monitoring studies Interchangeable parameter • Supplementing traditional and regulatory defined monitoring methods with configuration—unlimited selection continuous monitoring data of site conditions of air quality parameters in addition to temperature,humidity and • Remotely and automatically capturing physical samples for lab analysis based pressure(standard sensor board on continuous data trends,when combined with the SGS SmartSampler accommodates up to 6 air quality • Providing a hyper-local network of monitoring points across an urban area sensors,expansion board allows for real-time assessments of air quality within Smart Cities programmes limitless configurations) Ability to integrate SGS SmartSense data into third-party applications with API data feed Capture validation samples for accredited lab analysis with the SGS SmartSampler,an integrated sample initiation system CLOUD PLATFORM FEATURES • Access,analyze,download sensor data at anytime,anywhere in the world via any connected device • View device locations on a map and see the latest real-time data feeds via SmartSense LiveView • Customize sensor alarm thresholds to be notified via text and email • Take autonomous grab samples when paired with the SGS SmartSampler SPECIFICATIONS'SENSOR Temperature °F or°C -20—130OF +/-1 degree Thermal Substrate Humidity % 0—99% +/-2% Conductivity Pressure hPa 950—1050 hPA +/-1 hPa Silicon Pressure Ammonia ppm 0—100 ppm +/-0.5 ppm2 Electrochemical Nitrogen Dioxide ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Sulphur Dioxide ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Ozone ppm,ppb or pg/m3 0—5 ppm +/-50 ppb2 Electrochemical Carbon Dioxide ppm 0—5000 ppm +/-40 ppm Nondispersive Infrared Carbon Monoxide ppm 0—50 ppm +/-100 ppb2 Electrochemical Hydrogen Sulphide ppm,ppb or pg/m3 0—20 ppm +/-50 ppb2 Electrochemical Nitric Oxide(NO) ppm,ppb or pg/m3 0—5 ppm +/-15 ppb2 Electrochemical Hydrogen(H2) ppm,ppb or pg/m3 0—150 ppm +/-600 ppb Electrochemical Hydrogen Peroxide(H2O2) ppm 0—3 ppm Inquire Electrochemical Volatile Organic Compounds(VOC) ppb or pg/m3 0—20 ppm +/-50 ppb2 Photoionization Detector(10.6 eV) eq.isobutylene Particulates(PM1,PM2.5,PM10) pg/m3or mg/m3 0—2000 pg/m3 +/-4 pg/m3 Optical provided :w 1, "Spe lfl�.,ation�,Mlle gl,l��ranfa'.��l,l^��� ;) compound present, �.1�.,."�'"1��,�1��l�l� 't',1,,.�.,�1, ill.;��`��lly�l"sl� l�l lla�¢° �,�',l��l�'ll�l�,�;"�"l�l����1�� �ll�,�,���.lid '1�, "�wlf l)cal;lonls as s oti,"'n Gil.,.II../.."70%o..,c11;c"lltl'�'�b"l"1 whichever is, "l"d?,9tel'". POWER OPTIONS COMMUNICATIONS • Mains power(100-240 V 50/60 Hz) e Cellular SIM module e Other • External battery(supports any voltage) Wi-Fi e External 3G/4G hotspot • Solar panel Ethernet IoT networks(LoRaWan,Zigbee,Sigfox,etc.) LIVE VIEW SGS LIVE VIEW WITH SMARTSENSE: THE VISION OF DATA SGS Live View is an intuitive,SQL-compliant web based relational database application designed for environmental professionals and managers who need to assess and manage streaming real time environmental conditions,analytical data at one or more sites. SGS Live View software helps you organize and assemble both historical and current data streams into a single,accurate data set. Once the data passes our electronic verification process and is imported, users can view,query or import/export their data from various physical locations.With your existing internet access,a database filled with accurate, up-to-date environmental data can be shared among your organizations users no matter where they are located or what hardware/software configuration they are using. Live View has the unique capability to efficiently manage up to four levels of analytical data quality to obtain the most reliable data. SMARTSENSE-LIVE VIEW SGS LIVE VIEW IS THE BEST FIT FOR SGS LIVE VIEW PROVIDES. COMPATIBILITY GIVES YOU YOUR APPLICATION IF ® e Text and email alerts for data set THE LONG VIEW * Need a single location for real time point exceedances SmartSense is easy to install and and collected environmental data 0 Faster application deployment and connects automatically to Live View to 9 Want a single view of environmental trouble-free upgrades view your data with drill-down features status of multiple locations and Access from anywhere,anytime so you can see exactly what's going monitors with just an internet connection on at each sensor,location or region. Access public environmental data in Enhanced security and redundancy Easily get air quality profiles,downloads, conjunction with your own private warnings and reports. It can remotely data(comparative analysis) Best of all,SGS Live View can be or automatically use pre-set triggering run from virtually any operating Looking at manually recording or s stem latform (i.e.,Windows, concentrations,actuate switches that datalogging multiple devices in y p control sampling pumps,whole air Macintosh, Unix,etc.)and keep all multiple locations for extended time of our critical environmental data solenoid valves and other electrical periods(savings can be extreme) y devices.And you can manage it all from literally a "click" away. any connected computer. Want Quality Checks applied to data to ensure accuracy and validity or sensor failure Desire the largest third-party certification and testing company in the world on your team. , UIVENEW f, /i�1�»rldJrrrnu,�rstUk�m%" ;,rr` r , Igri,wl % 1 ,V I r I r li '����dy �r✓ymr""�,iriWr'w"�a iutl' �If D Wu'` / 1ko,10J.-.......1 4r p / ,rrr!m ri✓off r urn d�rcr IJ Amr e✓a aw, J 4 J yr I combinedSGS SMARTSENSE AND AW SGS SMARTSAMPLER SGS SmartSense can be i the SGS SmartSampler to capture validation analysis.samples for laboratory Sampling is initiated automatically,based on data-driven air quality events (e.g.above threshold concentrations),or it can be triggered remotely by an engineer. SYSTEM FEATURES • SGS SmartSampler can be configured to: — Collect an instantaneous air sample with a Summa Canister — Initiate a pump system to collect a time-delineated sample • Trigger levels can be defined for multiple parameters and can be duration weighted e. .trigger a sample when g g gg p °iil,tii��t`i,, uuuuuuu' IIIIIu.,,. the concentration exceeds 1000 ppm for 30 minutes • Samples can be initiated: — Automatically based on pre-defined trigger criteria — After client authorisation—the system sends an e-mail to the client when exceedance criteria are met,client logs into dashboard, reviews live data and can then remotely trigger the sample collection " • • j/'///ij;UI 1 Samples can be retrieved by a local technician,with the replacement of new I , sampling media,and the samples are dispatched to an SGS laboratory under a standard CoC r U 1111111 % iuiuiuiilu 111 Imil muoul aeWII u„ a ^INI ���� (A' NAlsllh�� ���Iomnmmu uuu ���� Investigatingi tr i ISSUE SOLUTION RESULT Complaints of hydrocarbon odors in Installation of SGS SmartSense unit Three validation samples collected gas station shop building,with toilet with SGS SmartSampler for one for lab analysis during the month, plumbing identified as a potential month.VOC trigger alert set at 600 and they all clearly indicate that pathway. Previous on-site inspections ppb to send e-mail alert to an engineer hydrocarbon related vapors are present failed to align with an odor event,and who reviews data online,confirms Confirmation that vapor intrusion is installation of Photoionization Detector with shop staff that cleaning is not in occurring and site progressed to a (PI D)could not distinguish between progress and can then remotely fire a remedial action plan. possible vapor events and regular validation sample. cleaning schedule. / sn<rcutiwrur I,JJIf I �//�j �//r ✓ �j, fl� r.�� /G/ �j:;,,,,o„ �r I, r/ / rr r r r , r r �,„,,,,.,,�ll r �,„r,0/p ,1/„/,' n r/r/i ., ,.,,,, i��// nr<r%„�l//,i ✓.r,�, �� t/lA IJI/1 ,..,,,, „l�'" - ✓. r' „,..,, l�tf/nu W ppc /' ili�ill'�I'`'fII'�Wi�ilVi��IYllll'IUIIJpu7V�iflillll+II�II14 f � I I,I�fI r�r uM I ww v N r t rK. r1�JI��N11U1 r '+ems f r//t/��d/rr«lrr»r/rLi�/�///; r /i � m%)rr „,,,,//�ir`��lr/rr ar """"*-"°^lj„,„, ✓iv/%//"r,�/�1 pJ�I��I�����I�1 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillI IIIIIBi mui uuuuuuuu p nn 0 P E R AT E I N T H E "Wl��nal 1�Ilmuu!� Vnu�u uaa uuuuuuu,S 0 uuuuuuuu iuu luuuuumr.. ou II VALUE IIII TO SOCIETY Responding to global drivers,our services add significant value to our customers and stakeholders,so they can add exponential value to theirs.We do this by empowering smarter long- term decision-making throughout entire supply chains. Present in every region around the globe,we provide innovative solutions for every part of the environmental industry. Our dedicated network of global and local offices is highly flexible and focused on meeting our customers' needs irrespective of the scale of the project. We have won a number of awards for our own sustainability performance, as we try to lead by example and demonstrate our deeply held belief that business success and creating value to society go hand-in-hand. We c&i,. IIh EflI I,.)yo°,.� cI[ii`c �I[i e s&'I i : :u.,u II o II e III o sII t ii (,�.U`,`�I s,I:(:),cirri L kDn-n,gNhIg you a(.1.0 n,.1,.)III e bi V::live ad a ii, a g e 1 II 1 6I II,ii ire o u u geL,&in i slay, li T u u II iI TO FIND OUT MORE ABOUT SGS ENVIRONMENT HEALTH AND SAFETY SERVICES CONTACT IIII IIII INVS C II III A IIIC°� @S G S ii C 0 IIIII WWW,,�,S G GXIIII S)IIIII C 0 IIIIlkfi S IIII11fi A IIIl IIII""S IIII IIII , IIIII I'�° �U 1 r/ I. 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O uuuuuum uouum uuuuuum uuuuuum um uuuu uuuuuum uuum uuuuuum Fire Department and Emergency Management Respiratory Protection Name of Project:Pl'Oj2Ct Project Cost: $4 0)0 0 0 Department: Fire Department / EM Cost Basis: PSE-01 State Bid list Please describe the project: This project funding would allow the Fire Department the ability to test respitory face mask seal compliance yearly to assure the proper fitting of self contained breathing apparatus (SCBA) and N95 masks. This testing could be used for any town department that needed testing and or fitting. Additionally it would provide a MSA face assembly adaptor and multiuse Optifilter canister cartridges that can be affixed to our current SCBA face pieces. This would provide an assembly to each firefighter and additional inventory cache issued through the Emergency Management. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The ability to test for proper respitory protection and a more durable respiratory filtration system would allow firefighters to be properly protected when dealing with Covid-19 patients, unknown respiratory irritants, and future respiratory attacking viruses. The level of filtration can be scaled to the proper level needed for the threat. This has a direct connection to the Covid-19 pandemic and preemptively going forward to address the public safety needs. Date Submitted to the Town Manager: 10/19/2022 Submitted By: Chief Derek Sencabaugh u III u u u u u Name of Project: Pre-funding the Affordable Housing Trust Project Cost:$500,000 Department: Cost Basis: The request is to pre-fund the Affordable Housing Trust, for the purpose of accumulating funds to enable the Affordable Housing Trust to act upon future affordable housing opportunities. Please describe the project: These funds would help prefund the Affordable Housing Trust (pending approval at the Special Town Meeting). Please describe how this meets the Select Board's Nexus with COVID Pandemic: Per the final Treasury rule - SLFRF-Final-Rule-Overview.pdf (treasury-gov) —Treasury presumes that Low- or-moderate income households or communities are impacted by he pandemic, by nature of them being low and moderate income. And the housing that he Trust aims to create serves this population. So directly serves those impacted by COVID. Date Submitted to the Town Manager: 10/20/22 Submitted By:Kathryn Roy, chair of the Affordable Housing Trust Study Committee u III u u u u u Name of Project:Bus Shelter Depot Square Project Cost: $58,000 Department: Transportation Services/Human Services Cost Basis: This project started with a focus on acquiring a bus shelter for Depot Square.It is our understanding that the Select Board would like to review 5-7 locations for bus shelters in the process of reviewing the one for Depot Square.Detailed costs for a bus shelter at Depot Square has been provided by a contracted landscape architect for which we used TNC funds to pay for her services.We have attached a list of other possible locations that have been reviewed with Engineering,and while we can use the Depot shelter estimate as part of our cost basis,other locations may require easements or other considerations as noted.We did not include a bus shelter on Worthen at the high school due to the upcoming high school building project and also the Bus Network Redesign project which may or may not move bus service off Worthen Road,though bus shelters at the high school would be ideal. In addition to the budget attached,as an additional reference point,the Town of Bedford budgets approximately$40K per bus shelter,but they are using a bus shelter that is less costly than the one approved by Lexington HDC,and costs have risen.The shelter for Depot Square is estimated to be$57,202 and this budget is attached. Please describe the project: On 8/4/22,the Historic Districts Commission(HDC)granted a Certificate of Appropriateness(COA)for the installation of a Brasco brand bus shelter at Depot.The Transportation Advisory Committee(TAC_is seeking funding for the installation of a bus shelter at the MBTA outbound Depot stop at Emery Park/Depot Square.This location has the highest daily average of onboarding in Lexington for buses traveling outbound from Alewife.The shelter will not interfere with the view of the Historic Depot.While this shelter would directly serve riders of the MBTA,it will also assist those waiting for the REV and Lexpress.In addition to being approved by HDC,the shelter was also approved by the Commission on Disability to meet their standards for accessibility(COD).The Tourism and Center Committees also granted their approval. Bus shelters are at the intersection of climate change and social justice.Mass transit,particularly bus transit,has historically been underfunded and had less attention than other transportation services as bus ridership trends to be low-income people,people of color.Seniors and youth are also key demographics for public bus ridership. "A bus shelter is not a luxury;it provides a basic level of comfort and dignity to people waiting for transit."(Transit Center)https://transitcenter.org/publication/sorry-to-superb/#introduction A lack of bus shelters minimizes ridership.Given that the Vision for Lexington Study has shown that in the three most recent surveys,residents are concerned about traffic congestion, along with concerns about emissions,we need to do all we can to further encourage use of the transit assets we already have. TAC and the Transportation Manager,Susan Barrett,have met with John Livsey and Dave Pinsonneault to review the Depot Square location,and through their suggestion,we worked with Eden Dutcher of Groundview Design on the schematics and budget.TAC and Susan Barrett then completed site visits with John Livsey and Ross Morrow of Engineering to review additional bus stop locations. Attached please find: -Memo from TAC -Presentation to HDC -Budget estimate for Depot Square shelter -Quote from Brasco for one bus shelter that matches HDC and COD requests -List of other potential bus shelter sites -Guidelines for Age Friendly Bus Stops Please describe how this meets the Select Board's Nexus with COVID Pandemic: Many of our essential workers depend on transit to get to/from work.Our Transportation Services staff have communicated with residents who needed to commute to their jobs at grocery stores and medical offices throughout the pandemic.As an example,Matthew,a Lexington resident with a disability,had to catch the MBTA at the Depot to his job in Bedford during the pandemic where he worked in-person in essential services.We know that those working in lower wage jobs,such as in grocery stores,home health care,child care,etc. have to rely on transit.ARPA funds should be used to assist those who suffered the most throughout the pandemic,and low-income people and essential workers depending on transit certainly fall into that category. The Centers for Disease Control(CDC)views public transportation as having significant health benefits: https://www.cdc.gov/policy/opaph/hi5/publictransportation/index.html The Town of Bedford's Public Health Department helped spearhead the installation of shelters in their Town due to the correlation with public health.The Town of Lexington is also striving to be"Age Friendly."On the attached,you will see that bus shelters with benches are key amenities for being Age Friendly. Lexington residents have continued to voice their opinion on a need for a more vibrant Center.A more vibrant Center takes shops, restaurants,and more,and employees in those businesses often cannot afford to live in Lexington and may not be able to afford cars.We can at least offer them bus shelters to enhance their commute.We know our Center businesses and businesses elsewhere were hit hard by the pandemic,and making it easier for them to attract employees and enhance their bus commute is one small thing we can do.As the Town seeks to add future development,and other activities that will add traffic to roads(i.e.250th celebration),we need to do all we can to reduce travel by cars and encourage alternate modes. It is a matter of public health,economic development,social justice and is important for meeting our climate goals. Date Submitted to the Town Manager: 10/18/2022 Submitted By: Susan Barrett, Transportation Manager To: Select Board, Town of Lexington From:Transportation Advisory Committee (TAC) Pamela Lyons, Co-chair Date: October 10, 2022 Re: Bus Shelter at MBTA Stop in Emery Park/Depot Square On August 4t", 2022, the Historic Districts Commission granted a Certificate of Appropriateness (COA) for the installation of a Brasco bus shelter at Depot Square. "A bus shelter is not a luxury; it provides a basic level of comfort and dignity to wa waiting for transit." h : tr n i nt �r. r utj i tin riirpeople g - ,,,,,, ,fir ,iii ii ,ilr ,,,,,, ,,,, iii ii rl The Transportation Advisory Committee seeks ARPA funding for the installation of a bus shelter at the MBTA stop (outbound) in Emery Park/Depot Square. The bus stop is moving to the left-hand side of this block as part of the Streetscape Project. This location has the highest daily average of onboarding in Lexington for buses traveling outbound from Alewife. The shelter will not interfere with the view of the Historic Depot. Bus shelters are the intersection of climate change and social justice. Historically mass transit by bus has been underfunded and under "paid attention to" at all levels of government because bus ridership trends low-income and people of color. Shelters provide an important amenity to all riders, especially seniors, transit dependent riders, and differently abled users. Bus shelters put into action Town Meeting's essentially unanimous votes in favor of Article 30's Full Inclusion Resolution ("to consider the rights and needs of those with disabilities in all town decision and planning processes.") (2021 ATM) and Article 29's Declaration of a Climate Emergency (2020 ATM.) Shelters also encourage increased usage of mass transit. In fact, "better amenities increase ridership and the most important amenity that factors in with higher ridership is shelter." us stop amenities and their relationship with ridership: a transportation equity approach Matthew R. Talbott http://libres.uncg.edu/ir/listing.aspx?id=7532 . Lack of a shelter minimizes ridership. The funding for the redesign of Depot Square in the early 2000s came from the Department of Transportation pursuant to the Town of Lexington's application to the Metropolitan Area Planning Council for a "Transportation Enhancement Project." Lexington's proposal specifically called for "a shelter/gazebo (to be) added to serve both transit users and public celebration needs." The proposal described the "current role of the Depot Square as a transportation depot" and goes on to state "the project is designed to enhance ... existing transportation services in a manner that will improve (users') experience with regional and local alternatives to single occupant automobiles." (Proposal for Depot Square/Emery Park Transportation Enhancement Project, p.2.) Lexington's proposal was approved and the funds were used to create Emery Park/Depot Square as it is today. In other words, Lexington promised to install a bus shelter, took the money, but failed to install that bus shelter. At its hearing on January 61", 2022, the Historic Districts Commission informally supported the installation of a bus shelter. A member of the HDC was tasked with identifying shelters for discussion at a future meeting that would comport with comments ("sleek and modern") made by the commissioners. A bus shelter in this location can be used by riders of the MBTA, Lexpress, The Rev and literally everyone else. It is important to note that MBTA bus drivers slow down, pull over and stop only if passengers are visually present at the stop as the driver approaches. As a practical matter passengers cannot wait in another location for the bus to pick them up. A bus shelter in this location will not interfere with the sightline of drivers turning left as they exit Depot Square. That Depot Square today is still a depot, serving three different transit lines (the MBTA, Lexpress and The Rev) is something to be celebrated. Currently, there is no place in Depot Square to sit in a sheltered location while waiting for a bus. Because Lexpress and The Rev stop and wait for five to ten minutes it is possible for those riders to wait in a shelter at the MBTA stop. As stated above, MBTA riders must wait at the MBTA stop. Between the three bus services there are approximately 131 to 134 people each weekday who could use the shelter. Onboarding statistics: MBTA: 21 daily (this number is depressed by Saturday's reduced bus service) Lexpress: 64 (there are 257 average total Lexpress weekday boa rd i ngs) Susan Barrett, Lexington's Transportation Manager, estimates that 25% (64) of the boardings occur at the Depot. Lexpress keeps track of onboardings by route, not location. The Rev: There are 46 to 49 average weekday onboardings. All statistics are from 2019. Prior to the August 4t" hearing at the HDC, Susan Barrett and I met on site with John Livsey (who had reviewed the specifications provided to the HDC) to discuss the siting of the shelter. Mr. Livsey indicated his support of that location. I have also brought this proposal to the following committees: Center Committee: six in favor, zero against and one abstention Commission on Disability: unanimous in support Tourism Committee: two in favor, zero against and three abstentions We urge the Select Board to support the installation of a bus shelter in Depot Square. TAC will also take steps to have the Town adopt the shelter approved by the HDC as a design standard for other shelters that might be installed in Lexington. We thank the Town Manager, Jim Malloy, for providing funds for the application fee to the Historic Districts Commission and for the visual renderings required by the HDC. 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Published January 2022 Age-Friendly Bus Stops: Creating Bus Stops for People of All Ages The purpose of this document is to act as a resource to equip communities with information and ideas to transform bus stops to be age-friendly. Why Do Age-Friendly Bus Stops Matter? • The Commonwealth of Massachusetts joined the Age-Friendly movement as an Age-Friendly State in 2019.The Age-Friendly movement was founded by the World Health Organization and strives to create spaces that benefit people of all ages and abilities. • Almost a quarter of cities and towns in Massachusetts are designated Age-Friendly by AARP and numerous others are engaged in Age-Friendly initiatives. Communities are recognizing the importance of creating Age-Friendly physical environments,which includes transportation options. Furthermore, many communities have also signed the Dementia Friendly Pledge, demonstrating their commitment to making their community a welcoming place for people living with Alzheimer's or dementia and their caregivers. • Why bus stops?While transportation infrastructure and services investments are being made broadly across the Commonwealth, bus stops are an easy place for a local community to start and make an incredible impact on residents.A study by the University of Utah'found that bus stops that were equipped with a shelter, bench, and adjacent sidewalks dramatically increased ridership. Accessible bus stop design encourages use of the bus service—but it also creates public spaces for respite and social connection, provides weather protection, improves walkability for pedestrians of all backgrounds and abilities, and with artistic design can enhance the neighborhood aesthetic. What is an Age-Friendly Bus Stop? Things to consider when creating an Age-Friendly bus stop: 0 Bench and shelter: Is there a place for people to sit? Is there a covering to protect people from the weather? Benches can be a deciding factor in taking the bus for older adults, so adding non- segmented benches at and between bus stops can increase ridership. 2 Accessibility: Is the bus stop accessible? Does it accommodate someone with a wheelchair,stroller, or grocery cart? Does it accommodate people with a range of cognitive abilities, including people living with Alzheimer's or dementia? Is there sufficient lighting to allow for use during evening hours or inclement weather? 2 Maintenance:Are crosswalks leading to bus stops properly maintained? Is there snow removal around the bus stop?Are there trash cans provided at the bus stop? 2 Walkability:Are there crosswalks and traffic lights nearby? Is there an accessible sidewalk connecting the bus stop to surrounding neighborhoods?Are the road and sidewalk clearly marked to provide safe street crossings that protect residents who may be traveling to the bus stop? 1 IMPACTS OF BUS STOP IMPROVEMENTS,Department of City&Metropolitan Planning,March 2018 Itt u mircaca ��tallae -content Iloas Mites 2015 12 U,..-1 �0 ,...,lir acts-of-Is-Sto Im iro�eirents� f i..... .................................................. ....................................................................... .............................................................................. .......... ......................................................................... ......... ..................................... .................. ............................................................................................. ................................................................................................................. .......................... .....................................................................................i................ 'ii'ml n'V°lVll�Illuuuuiilili jai ��I u r H EALTH Y AG I N G fan""'iLiTy A0,11, ' " alkBoso 6 T r Published January 2022 C1 Signage: Is the bus stop clearly marked?Are there wayfinding signs indicating distances to nearby destinations and landmarks?Are bus routes and schedules posted in large print? C1 Art and other community features: Is there a creative way to heighten awareness and celebrate the bus stop to increase foot traffic?Are there local partnerships (e.g., artists, businesses, schools, or service organizations)that may contribute work? How Do I Create an Age-Friendly Bus Stop? • Plan and learn. If you do not already know which bus stops require improvement, do a bus stop assessment(or audit). An audit is a great way to get community members involved in determining where and how to start. • Once you choose a bus stop to upgrade, identify who owns the bus stop. Is it the transit authority?The municipality?A combination? Meet with them early in the process to determine if they already have plans to upgrade the bus stop, if there are ways you can partner with them,or what needs to happen to make the upgrades. • Identify potential partners. Bus stops impact all of us, and there are many partners to tap for assistance and support. Examples include: o Transportation service providers (e.g., MBTA or Regional Transit Authority) o Municipal government(e.g.,Town Manager/Mayor, Department of Public Works, Council on Aging) o Regional planners o MassDOT for bus stops located on state roads o Local businesses and artists, service organizations,faith-based communities,schools and universities, and other organizations that may be willing to provide volunteer hours, pro- bono support,or expertise • Engage the community.Actively seek input and participation from community members representing diverse voices and perspectives.Age-Friendly bus stops mean design that benefits people of all ages and abilities! • Budget and Financing. Create a budget for upgrades to the bus stop, and work with partners to apply for grants and plan creative financing strategies. • Communicate. Make sure to share regular updates with the community. • Celebrate.When you complete upgrades, celebrate your success with a community celebration, press release,etc.to raise awareness and thank your partners and funders. Potentially Helpful Resources: Please visit this resou..... r ,to access more information, resources, and examples to help further your .......................................................................... ..... community's Age-Friendly bus stop efforts. If you have questions or want to speak to someone about how to get started in your community,or are interested in the Age-Friendly movement generally,please reach out to James Fuccione,Senior Director at the Massachusetts Healthy Aging Collaborative:James.F i ...... n h I h yin . r J f u VVIII w � NOBILiTy walkBostodT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII QUOTE Quote Number: 091422R1 Quoted for:Ground View Design Quote Date: September 14,2022 Eden Dutcher Quote Expiration: 30 Days from Quote Date (617)548-9688 Return to: iriley(@.brasco.com brasco.com EdenDutcher@groundviewdesign.com PREPARED BY PROJECT NAME PAYMENT TERMS(WITH APPROVED CREDIT) LEAD TIME Ian Riley Eclipse Series Structure 50%Deposit;NET 30 Days ±24 Weeks from Approvals TY ITEM DESCRIPTION UNIT TOTAL PRICE 1 EC-0508-F-0-SL-AC-TG-0-0-0 5'x 8'Eclipse Series Aluminum Structure $141325 $147325 Three-Sided;Full Rear and Side Walls with Open Front Traffic Black Powder Coat Painted Aluminum Finish-RAL 9017 Sloped Roof with Blade Rafters and Clear Acrylic Glazing 3/8"Clear Tempered Safety Glass with Ceramic Frit White Safety Dots Spun Escutcheon Covers Included for Columns and Sill Support 1 BE-CL-4-2-3-2 4'Curveline Bench with Two HDPE Seat Slats,Three Seat Dividers,and Two HDPE $950 $950 Backrest Slats Traffic Black Powder Coat Painted Finish,RAL 9017;HDPE Color TBD Subtotal Freight Included Total This is a quotation on the above products listed and is subject to the conditions noted below.Prices are subject to change after quote expiration date. Payment terms are subject to change per Brasco's Financial Credit Approval Process. *Structural Engineering with Stamped Drawings and Structural Calculations are not included in this quotation and are an additional $975, per shelter type, if required. *Concrete Pad Design and Analysis,if needed,is an additional$500. Offloading shipments is the responsibility of the customer.Please note that a forklift with 8'forks is required unless otherwise noted in writing;all anchoring hardware is included. Lead time begins after all approvals including drawings,color selections,applicable deposits,etc. Our lead times have temporarily increased due to COVID-19. Our production team is doing everything possible to return our lead times to normal.Thank you for your understanding and patience. Signature of Acceptance* Date Print Name Title *The above prices,specifications and conditions are satisfactory and are hereby accepted. Brasco International,Inc.is authorized to proceed with the supply of products as noted. Brasco International,Inc.is a vendor and not a contractor or subcontractor. Brasco International,Inc.is not subject to any paym ent retainage or liquidated damages.All Brasco standard terms and conditions of sale apply. e FII°-ianIII You If°°:er Your I usliness 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 www.BRASCO.com IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII�II IIIIIIII IIIIIIIII II IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brasco International,Inc.("Brasco")Standard Terms and Conditions of Sale The Brasco International,Inc.Standard Terms and Conditions of Sale("Terms and Conditions")are incorporated herein by reference and form part of this agreement. This quota- tion shall be valid for 30 days unless otherwise withdrawn by Brasco prior to Purchaser accepting. Purchaser's issuance of either a purchase order or an acceptance shall consti- tute an acceptance of the Brasco Terms and Conditions. Acceptance shall be in writing. Any additional terms or modifications to the Brasco Terms and Conditions proposed by Purchaser,whether in a purchaser order or otherwise,are expressly rejected by Brasco and not part of the agreement between Brasco and Purchaser. The agreement between Brasco and the Purchaser shall be referred to herein and in the Brasco Terms and Conditions as the"Contract". This quote constitutes an offer to sell products and services on terms expressed herein and shall be construed as inviting acceptance from the Purchaser. Terms of Payment. Notwithstanding anything contained herein,payment shall be due in accordance with the terms of Brasco's Acknowledgment("Acknowledgment"),which will be generated upon receipt by Brasco of the Purchaser's signature on the Quote or receipt by Brasco of the Purchaser's signature on the Acknowledgment. An invoice will be gener- ated by Brasco pursuant to the terms of payment under the Contract once Brasco has completed the Order,and the due date for the payment of balance due under the Contract shall be on the invoice. Warranties. Components not manufactured by Brasco shall be covered by their relevant manufacturer's warranty only. Brasco Products must be installed in accordance with Brasco's installation instructions. The workmanship,design and machined components on the Products are warranted to conform to the applicable specifications and to be free from defects in workmanship and materials for the relevant period listed in Fig.1.Any modifications or aftermarket additions to the original equipment voids all applicable manufac- turers'warranties.All warranties begin from the date of delivery(DOD). Brasco will transfer ownership and good title to the Products free and clear of liens and rights of third par- ties.THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EXPRESS OR IMPLIED,ARISING BY LAW OR CUSTOM,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ALL IMPLIED WARRANTIES ARE HERE- BY EXPRESSLY DISCLAIMED. FIG.1:STANDARD PRODUCT WARRANTIES FROM DATE OF DELIVRY General Product Workmanship 1 Year Powder Coat Finish 1 Year Solar Panels 1 Year Per Manufacturer's Warranty Solar Lighting Mounting Hardware 1 Year LED Light Fixture&Engine 1 Year Wire Harnesses and Connectors 1 Years Solar Charge Controller 1 Year Solar Batteries 1 Year *Sealed lead acid batteries will self-discharge in storage.Batteries should be stored indoors at a recommended 68 degrees Fahrenheit for max.shelf life.Batteries should be installed no later than 3 months from delivery or the battery warranties will be void. Limited Remedies. Any warranty claims by Purchaser shall be communicated to Brasco in writing. Failure by Purchaser to give written notice of claim within the stated warranty period shall be deemed an absolute and unconditional waiver of Purchaser's warranty claim. Purchaser's sole and exclusive remedy for a valid warranty claim is either repair or replacement of the Products or a full refund of the price paid by Purchaser for the Products(which remedy shall be selected by Brasco).The remedy does not include the cost of installation,removal,dismantling,or reinstallation and is limited to replacement parts. Shipping and handling fees are not included under warranty terms and are the responsibility of the Purchaser. Purchaser will provide Brasco with access to all available warranty data and the Products. Purchaser will also provide Brasco with an opportunity to participate in root cause analysis performed by Purchaser concerning the Products. Brasco shall have no liability to the extent Products are or have been:(a)modified by Purchaser or a third party;(b)modified by Brasco at Purchaser's request;(c)made to specifications not provided by Brasco;(d)used or installed in a way not known to Brasco or operated under condi- tions not known to Brasco;or(e)subject to misuse,abuse or improper storage,installation or maintenance.Brasco cannot be held responsible for components that become obso- lete. Payment Late Charges,Certain Remedies and Recovery of Expenses. Except as otherwise provided in the Acknowledgment,all payments are due thirty(30)days from the date of Brasco's invoice and shall be paid in United States currency. Purchaser shall pay a charge equal to the lesser of(i)the highest rate allowable by law or(ii)1.5%per month (18%per annum)of the unpaid balance with respect to any late payments.In addition,Purchaser shall pay all costs and expenses incurred by Brasco,including actual attorney's fees,which were incurred in connection with enforcing the Contract and/or collecting any past due payments.Brasco shall have the right of setoff,the right to terminate the Contract and/or the right to suspend further deliveries under the Contract and/or other agreements with Purchaser,the right to recover damages in addition to any other remedies available to Brasco as a matter of law,in the event Purchaser fails to make any payment when due.Brasco may require full or partial payment in advance of shipment if,in Brasco's opinion,the credit or financial condition of Purchaser is,or is about to become,impaired.If Purchaser requests delayed shipment,Brasco may bill for Products when ready for shipment and charge reasonable daily storage fees.Purchaser shall not have any right of setoff against Brasco.The remedies available to Brasco for Purchaser's breach are intended to be as flexible as permissible and cumulative to the fullest extent permissible and no choice of any one or more remedies is intended to constitute an election of remedies which would limit the ability to assert other remedies. 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIOIIf IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II�I(II IIIIIII IIIIIIIII I IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII������� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brasco International,Inc.("Brasco")Standard Terms and Conditions of Sale Limitation of Liability: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,EXCEPT FOR BREACH OF OBLIGATIONS OF CONFIDENTIALITY OR MISAPPROPRIATION OF I NTELLEC- TUAL PROPERTY,NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL,INCIDENTAL,INDIRECT,CONSEQUENTIAL, PUNITIVE,OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE OBLIGATIONS UNDER THIS CONTRACT. THE TERM"CONSEQUENTIAL DAMAGES"SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL. NEITHER PARTY MAY BRING ANY ACTION,REGARDLESS OF FORM,ARISING OUT OF TRANSACTIONS UNDER THE CONTRACT,MORE THAN TWO(2)YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO BRASCO'S MISCONDUCT,the parties agree that the total damages that can be awarded in any claim by PURCHASER relating to BRASCO's obligations under this CONTRACT(WHETHER BASED IN CONTRACT,TORT OR OTHERWISE),shall not exceed the combined total of amounts paid by PURCHASER to BRASCO under the CONTRACT. THE PARTIES EXPRESSLY AGREE THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT PURCHASER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Cancellation. A.Purchaser may cancel an order for"Convenience"via written notice to Brasco within 5 business days from the date of receipt by Brasco of the Purchaser's signature on the Quote or receipt by Brasco of the Purchaser's signature on the Acknowledgment and no cancellation fee shall be due Brasco. Cancellations of orders for reasons other than for Convenience as referred to above must be in writing and agreed to in advance by Brasco. Such cancellations are subject to a cancelation charge equal to the great- er of the actual costs incurred by Brasco during the performance period or a 50%cancellation fee. Shipping and Delivery. Brasco shall not be liable for delays or failure in performance when caused by circumstances beyond Brasco's reasonable control. If Purchaser does not provide shipping and routing instructions,Brasco shall be the sole judge of the best method of routing shipment.All sales of Products are F.O.B.Brasco's plant.Risk of loss of the Products shall transfer to Purchaser upon delivery of the Products to the common carrier. Modifications and Delays. Brasco reserves the right to modify or change portions of this Contract should any assumptions specified be determined to be incorrect,or if new/ additional information relative to this Contract become available. After 90 days,any delays outside of Brasco's control will result in price escalation using the Producer's Price Index,as published by the Bureau of Labor Statistics:Fabricated Structural Metal Products(Series Code WPU107). Termination by Brasco. In addition to any other rights to terminate the Contract or suspend performance under the Contract,(A)Brasco may,upon written notice to Purchaser immediately terminate all or any part of the Contract or suspend performance under the Contract,without any liability to the Purchaser and without waiving its right to damages,(a) if Purchaser(i)repudiates,breaches,or threatens to breach any of the terms of the Contract,(ii)fails to accept or threatens not to accept Products in accordance with the Contract, (iii)fails to make timely payment,or(b)upon the occurrence or threat of insolvency or bankruptcy of Purchaser;(B)Purchaser shall purchase and pay Brasco immediately for all unique raw materials,work in process and finished goods under the Contract;(C)Purchaser shall reimburse Brasco for all preparation and other expenses incurred by Brasco and/ or its subcontractors in connection with the Contract ad for all other losses and costs arising from the termination. Lead Times. Lead time is the window of time necessary to complete an order,after the approvals process is complete. The approvals process includes satisfying Brasco's credit terms and written approval of Brasco's preliminary engineering drawings.Once all approvals are complete,the lead time begins,wherein detailed engineering paperwork is com- pleted,stamped calculations are ordered,material is purchased,and the order is fabricated. For orders that endure a lengthy approvals process,lead times may shift between the time the order was placed and approved. Additionally,third party lead times and availability can directly impact Brasco's lead times,therefore Brasco shall not be liable for any damages(actual or liquidated)caused by acts outside of its control that arise from third party suppliers. Change Orders. Design,material,finish and quantity changes by the Purchaser to an order after preliminary engineering approval drawings are provided by Brasco are subject to a Change Order fee. Fees include a minimum administrative fee of$105.00,with relevant material cost and additional labor fees applied. Purchaser Approvals.In accordance with the terms of this Contract,Purchaser agrees to timely execute and return to Brasco an approval of each set of drawings provided to Purchaser by Brasco including,but not limited to,Preliminary Elevation Drawings and Detailed Engineering Drawings. Failure by the Purchaser to timely execute and return to Brasco an approval of drawings provided by Brasco negatively effects lead time of the order and if same occurs,Brasco in its sole discretion shall have the unilateral right to in- crease the lead time to complete and deliver the order to the Purchaser or terminate the Contract. Rejections and Returns. Purchaser will be deemed to have inspected and accepted all delivered Products unless written notice of rejection specifying the basis therefore in reasonable detail,is provided to Brasco within 10 days after delivery. Purchaser may not return Products that are not timely rejected without Brasco's prior written approval. Taxes. A 6%Sales tax will be billed to Michigan businesses,entities and municipalities as applicable under Michigan State law.If your business is tax exempt,please provide a Sales Tax-Exempt Certificate. Sales tax will not be billed to businesses,entities and municipalities outside the jurisdiction of the State of Michigan and is the sole responsibility of said entity to pay within its respective jurisdiction where applicable. Governing Law,Jurisdiction and Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof.Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives,to the fullest extent it may effectively do so,the defense of an inconvenient forum to the maintenance of such action or proceeding. Severability. If any provision of this Agreement is or becomes illegal,void or invalid,that shall not affect the legality and validity of the other provisions. 32400 Industrial Dr.Madison Heights,MI 48071 e, P:(313)393-0393 F: (313)393-0499 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIOIIf IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II�I(II IIIIIII IIIIIIIII I IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022 Brasco International, II Rights Town of Lexington Depot Park Bus Shelter Budget Estimate (09/26/2022) Item Description QTY UNIT UNIT COST TOTAL 120.1 Unclassified Excavation 12 CY $ 50 $ 600 151 Gravel Borrow(Type b) 3 CY $ 50 $ 150 504 Granite Curb Type VA4 40 LF $ 65 $ 2,600 706 Brick Pavers for Walkways(over 10 SY $ 300 $ 3 000 707 Brasco Bus Shelter&Bench(list$15,275) 1 EA $ 221913 $ 221913 748 Mobilization(50%) 1 LS $ 12,496 $ 12,496 751 Loam 3 CY $ 65 $ 195 765 Seeding 12 SY $ 4 $ 48 796 Irrigation Modification 1 LS $ 21000 $ 21000 Subtotal $ 44,002 Contingency-30% $ 13,201 Total Budget Estimate $ 57,202 Opp Depot(Kandi Nails/Cary Library) • Doable per Engineering. There is electrical here,but the 5x8 size of shelter(10' w/pad) should not conflict. Some slope • Need to get approval from Library Trustees • Currently there is one very well worn wooden bench with a memorial plaque to Gail Wagner,the former Transportation Coordinator. This could be a chance to enhance her memorial bench. We would ask family if they would want to swap for shelter/bench or move her bench elsewhere. Even her plaque is worn and should be replaced. Mass Ave @Pleasant(South side/church side) • Doable per Engineering; some slope • Needs easement from church • 1st option is to west of driveway. Has enough space, wouldn't require tree removal (though for site lines may want to remove 1-2 arborvitaes,but may not be necessary) • 2°a option is where there used to be a bench, east of driveway. This would require one of two trees to be removed and planted elsewhere, which is a big job. Stop & Shop area (Bedford @Worthen; south side/Stop & Shop side) owned by Athens Realty Trust • Very doable per Engineering&nice and flat • Needs easement from Athens Realty Trust • Has 2 wooden benches in the area and a"McDonald's style" garbage can • One of the benches is very worn &has planks missing(not memorial benches) • Garbage can would ideally be replaced w/new barrel style • While a larger shelter would fit, using the same size of 5x8 maybe good for consistency • May need RDA from ConCom due to wetlands nearby,but maybe not Bedford@Eldred • While doable, there is so much going on in this area right now that we may need to see how things shake out o HAWK is approved for relocation to allow development plans at former Margaritas (440 Bedford to have 2 driveways (and a very large parking structure) 0 420-430 Bedford is up for redevelopment as well and there may be a new traffic light, if MassDOT allows their request(which then also impacts HAWK) o All of the above could change exact location of current MBTA bus stop MassAve@Forbes • There is room for shelter but this is MassDOT territory and they have plans to improve the area near here • Need to work with MassDOT and get them to add shelters here Opp Depot(Kandi Nails/Cary Library) • Doable per Engineering. There is electrical here,but the 5x8 size of shelter(10' w/pad) should not conflict. Some slope • Need to get approval from Library Trustees • Currently there is one very well worn wooden bench with a memorial plaque to Gail Wagner,the former Transportation Coordinator. This could be a chance to enhance her memorial bench. We would ask family if they would want to swap for shelter/bench or move her bench elsewhere. Even her plaque is worn and should be replaced. Mass Ave @Pleasant(South side/church side) • Doable per Engineering; some slope • Needs easement from church • 1st option is to west of driveway. Has enough space, wouldn't require tree removal (though for site lines may want to remove 1-2 arborvitaes,but may not be necessary) • 2°a option is where there used to be a bench, east of driveway. This would require one of two trees to be removed and planted elsewhere, which is a big job. Stop & Shop area (Bedford @Worthen; south side/Stop & Shop side) owned by Athens Realty Trust • Very doable per Engineering&nice and flat • Needs easement from Athens Realty Trust • Has 2 wooden benches in the area and a"McDonald's style" garbage can • One of the benches is very worn &has planks missing(not memorial benches) • Garbage can would ideally be replaced w/new barrel style • While a larger shelter would fit, using the same size of 5x8 maybe good for consistency • May need RDA from ConCom due to wetlands nearby,but maybe not Bedford@Eldred • While doable, there is so much going on in this area right now that we may need to see how things shake out o HAWK is approved for relocation to allow development plans at former Margaritas (440 Bedford to have 2 driveways (and a very large parking structure) 0 420-430 Bedford is up for redevelopment as well and there may be a new traffic light, if MassDOT allows their request(which then also impacts HAWK) o All of the above could change exact location of current MBTA bus stop MassAve@Forbes • There is room for shelter but this is MassDOT territory and they have plans to improve the area near here • Need to work with MassDOT and get them to add shelters here EXINGTON 110" N��, U B I,, I C S C 0 0 S ------------ Julie L. Hackett, Ed.D. (781) 861-2580, ext. 68040 Superintendent of Schools ilhacken&kming nm r Fax: (781) 861-2560 October 24` 2022 Dear Mr. Malloy: It is my understanding that there is @ request to consider the Use Of the lovvD's/\RPAfunds to install indoor air quality DloDibohDg for school classrooms and municipal office buildings. While many school 8y8tenl8 outside of Lexington have OoDce[D8 about dangerous air quality levels in their schools, we are fortunate to have optimal [}02 levels in the Lexington Public Schools; therefore, | do not believe that additional air quality monitoring is necessary at this time. There have been 8 number of studies tosuggest that long-term exposure to high levels of[|02impacts students' cognitive ability. The transmission ofSAR8-C}OV-2 through airborne pathogens sharpened our focus oD safe and healthy school buildings. Air quality quickly became one of the primary topics Of concern throughout the pandemic. Here are some action steps the schools have engaged iD during the past few years: • The air quality in our schools is excellent and carefully monitored, thanks to a hypervigilant Department of Public Facilities. OPF has a sophisticated monitoring system that we demonstrated for the public ata School Committee meeting. At any given point in time, they know the CC)2 levels ine given building and classroom. OPF has the ability to monitor CC)2 |eva|m in classrooms in rea|-time, which they continue to do. • One of the first things we did at the outset of the pandemic was to monitor air quality. • When the pandemic first began, we were One of the first 8chOO| systems to initiate an air quality audit by an objective third party. The Department ofPublic Facilities helped us engage Environmental Health & Engineering to conduct an audit of all school buildings. � We educated our school community with several like this, and vve engaged the community in Town Hall-style conversations to educate, learn together, and find vveya to address community fears and concerns. � We engaged in many conversations with the Director Of Public Health at the time who indicated that CO2 levels under 1,000 ppm are considered healthy levels for schools. (At the start of the pendernio, we were told e naemoneb|e number was 1.200 ppnl for schools). � We shared scientific articles and educated the community on how to counteract an increase in CO2 |eva|o by opening avvindow. keeping class sizes smaller, going outoido, and keeping windows open on school buses, etc. � VVaengagedoommunitvexpertoino ^Fu|| ReturntoSohoo| Communitv |nputTeam^ to |aorn from them, and our conversations included discussions about air quality. � We also purchased hand held air quality monitors for custodians and portable air quality monitors for classroom use to provide additional na000uronoe if there were concerns about increased CO2 levels caused by overcrowding, play, activity, etc. We have gone to great lengths to ensure that we do not have an air quality problem in our schools. While we are always grateful for community support, it may not be the best time to invest in air quality monitoring for school classrooms. If additional funding is available, we can think of many ways to make use of the Town's additional ARPA funds, including those "one time" costs outlined in this memo that submitted to you last October with our ARPA requests. Since that time, additional needs have been identified, including but not limited to how to recruit and retain a highly qualified staff during a nationwide labor shortage. If I were writing the same memo today, as we discussed the other day, we might also include ideas for exploring ways to better incentivize our workforce, which I anticipate will become an even greater challenge in the years to come. As always, I am happy to provide additional information or answer any questions you may have. Sincerely, Julie L. Hackett, Ed.D. Superintendent of Schools