HomeMy WebLinkAbout2022-12-05 SB Packet - Released SELECT BOARD MEETING
Monday, December 5, 2022
Conducted by Remote Participation*
6:30 PM
AGENDA
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-
45 80 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. Application: Common Victualler License - WPFHoldco d/b/a When Pigs Fly
Bread, 1756 Massachusetts Avenue
2. Application: Common Victualler License - 1686 Lexington Inc d/b/a Inspire Bowl n
Tea, 1686 Massachusetts Avenue
3. Battle Green Use Request- Lexington Historical Society- Historical Reenactment
of Lexington Tea Party
4. 2023 Liquor License Renewals
ALL ALCOHOL RESTAURANTS
Bertucci's - 1777 Massachusetts Avenue
Love at First Bite- 1710 Massachusetts Avenue
Revolution Hall- 3 Maguire Road
WINE/MALT RESTAURANTS
Daikanyama -43 Waltham Street
PACKAGE STORES
Art's Specialties - 1666 Massachusetts Avenue, Unit H
Berman's - 55 Massachusetts Avenue
Lexington Wine& Spirits - 186 Bedford Street
Lexington Liquors -7 Depot Square
Vinebrook Bottle- 131 Massachusetta Avenue
Whiskey & Wine- 55 Bedford Street
CLUBS
Lexington Golf Club- 55 Hill Street
Lexington Elks -959 Waltham Street
5. 2023 Class I/I I/III License Renewals
CLASS I
Lexington Toyota, Inc. -409 Massachusetts Avenue
CLASS II
A to Z Auto Wholesale -20 Vine Street
Mabuchi Motorcars - 401 Lowell Street
Minutemen Auto Haus - 6 Fulton Road
CLASS III
John P. Carroll Company, Inc. - 700 Waltham Street
6. 2023 Common Carrier License Renewals
COMMON CARRIER
M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn
M+L Transit S ystems Inc. #161 - 60 O lymp is Avenue, Woburn
M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn
7. 2023 Common Victualler License Renewals
COMMON VICTUALLER
B ertuc c i's - 1777 Massachusetts Avenue
Bruegger's Bagels #3711 -413 Waltham Street
Crust& Curry- 321 Marrett Road
D aikanyama Japanese Cuisine -43 Waltham Street
F iorella's Trattoria- 25 Waltham Street
it C as ale - 1727 Massachusetts Avenue
Lexington House of Pizza- 399 Lowell Street
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Mario's Italian Restaurant- 1733 Massachusetts Avenue
McDonald's - 690 Marrett Road
P eet's Coffee & Tea- 1749 Massachusetts Avenue
Qdoba Mexican Eats -46 Bedford Street
Revolution Hall- 3 Maguire Road
Royal India Bistro - 7 Meriam Street
The Upper Crust- 41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
Wicked Bagel- 171 Massachusetts Avenue
8. 2023 Entertainment License Renewals
ENTERTAINMENT
B ertuc c i's - 1777 Massachusetts Avenue
Crust& Curry- 321 Marrett Road
it C as ale - 1727 Massachusetts Avenue
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Revolution Hall- 3 Maguire Road
The Upper Crust- 41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discuss and Approve American Rescue Plan Act(ARPA) Requests 6:40pm
2. Approve Lexington Housing Assistance Board (LexHAB)to Purchase 9 Kimball 7:10pm
Road
3. Update on Spending of Opioid Settlement 7:20pm
4. Discuss Potential Uses for Vacant Town-Owned Properties 7:25pm
5. Discuss Updating Stone Building Deed Naming the Select Board as the Decision- 7:45pm
Making Body
6. Review and Approve Parking Enforcement in Lexington Center B:OOpm
7. Review and Approve Sidewalk Rentals to Restaurants in Lexington Center 8:05pm
8. Discuss Formation of Ad Hoc Transportation Committee 8:10pm
ADJOURN
1. Anticipated Adjournment 8:20pm
The Select Board meeting packet is typically available at least one business day in advance of the
meeting:https://lexington.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:
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Telephone:
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Webinar ID: 865 7720 0428
Passcode:417584
*An Act Relative to Extending Certain State of Emergency
Accomodations:hops://www.mass.gov/the-open-meeting-law
The next regularly scheduled work session of the Select Board will be held on Monday, December
12, 2022 at 6:30pm via remote participation.
The next regularly scheduled meeting of the Select Board will be held on Monday, December 19,
2022 at 6:30pm via remote participation.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and e is
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Concerns and Liaison Reports
PRESENTER:TER• ITEM
S
NUMBER:
Select Board Members
LR.1
SUMMARY:
Please see the attached Select Board Correspondence Secretary Report for the December 5, 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:
12/5/2022
ATTACHMENTS:
Description Type
Correspondence Secretary Report— December 5, 2022
Joe Pato:
• Date: 11/22 Topic: Tracer Lane Solar Project
Disposition: Request for Town Bylaw restricting solar installations from Waltham resident.
Referred to Planning Director's response describing bylaw amendment process and
inapplicability to existing project proposal.
• Date: 11/23 Topic: Blocked sidewalk and trash
Disposition:Town Manager responded—port-a-potty placement blocking sidewalk has been
moved at private construction project.
• Date: 11/23 Topic: Noise Committee
Disposition: Received additional comments addressing value of retaining a noise committee.
The Board discussed the question at its 11/7 meeting and decided to take no action at this time.
Board members Lucente and Sandeen were informally asked to explore options for how to
proceed.
• Date: 11/23 Topic: Battle Green Project
Disposition: comments delivered at 11/28 meeting of the Select Board— Board approved
project with additional lighting along Mass Ave.
• Date: 11/29 Topic: Ellen Stone Building
Disposition: Proponents for renovating the Stone Building provided the Board with information
on the 2009 Historic Structures Report and how it relates to a request for CPA funding.
Information to be considered when reviewing CPC proposed projects.
• Date: 11/29 Topic: Tree Safety on Unaccepted Street
Disposition:Town Manager will respond with an explanation of the Town's responsibility for
addressing tree safety issues on unaccepted streets and private property. He has also asked
DPW to look into what it can do.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
TM.1
SUMMARY:
Attached please find the weekly update for:
12-2-22
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
ATTACHMENTS:
Description Type
F) Weekly I)"P ate 112 2 22 fever V11emo
i
Town of Lexington
Town Manager"s Office
AP
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: December 2, 2022
RE: Weekly Update
The following is an update of activities for the week ending November 25, 2022:
Various Administrative Issues:
• Stone Building—Mike Cronin and I attended a meeting with the CPC a few weeks ago and
subsequently was asked to look at whether a project at the Stone Building could be phased-in over
a period of years to soften the impact to CPA funds. Mike Cronin and I have discussed this and
will be going back for another meeting with the CPC to look at the potential of a project that would
span 2023-2026 as follows:
2023: Design
2024: Addition/Roof of main structure. This would provide the opportunity to have the roofer do
the main building at the same time to ensure the same lot of shingles (or slates)
2025: Sprinkler, electrical and elevator
2026: Plumbing, HVAC and interior finishes
While the CPC was overall supportive a few members expressed concern that there was no
dedicated use for the building yet. This approach would provide the time for the Town to begin
making improvements to the building (without overtaxing the CPC's funds) and develop a use for
the building.
• During the budget meetings this week, the Select Board asked about charging for residential bulk
items that are processed by the Town. Attached are two examples of what EL Harvey charges in
other communities (one is dated 2020 and the other 2022, I presume this depends on when
contracts were signed). Should the Board wish to consider establishing charges, we can place on
an upcoming agenda and build into the FY24 budget.
• At another budget meeting this week, a Select Board member inquired about the fire hydrant in
front of 1717 Massachusetts Avenue and whether it complied with regulations. Code requirement
is that any hydrant with 2 V2 inch discharge or greater requires 3 6-inch clearance all around and 60-
inch front opening. The Fire Chief has indicated this hydrant and parking layout meets this
requirement.
• Also, during the budget meetings this week, there was a question about the ridership on the Rev
shuttle. The history for the past couple of years is attached.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
• Some Board members may be aware of the new submission from the Munroe Center since they
presented their project to the Select Board, but they met with the CPC this past week and submitted
the attached cost estimate in which the project has gone from $3,267,000 to $8,493,497.
Land Use Health and Development:
• RHSO Director Liz Rust and Assistant Town Manager for Development Carol Kowalski are
preparing, with Town Counsel, information and a preliminary scope for the Town Manager to
negotiate the agreement between with LexHAB on transferring the assets for LexHAB's transition
to a nonprofit 5016, per the fall Special Town Meeting vote.
• The $200,000 state ARPA earmark for a housing feasibility study on the Depot Lot, CVS lot and
173 Bedford State received one response to the RFQ from LDa Architecture & Interiors. LDa has
worked on several Town of Lexington facilities and their proposal is being reviewed.
• Zoning Amendments & Zoning for MBTA Communities—The Planning Board will be submitting
Zoning Amendment articles for Annual Town Meeting focusing on zoning for MBTA
Communities to allow multi-family housing. The Planning Board is holding public work sessions
at each of their regularly scheduled meetings. Public participation is welcome and encouraged, the
next Planning Board on this topic is on 12/7/22 (on Zoom). The Planning Board will also meet to
work on this on December 14 and December 21. Please subscribe to Planning Board Agenda
notifications to learn about opportunities for public input. The Board has prioritized this zoning
because the new law grants legal protections to multi-family housing developments in suburban
communities such as Lexington with strict timelines for compliance.
• 12-18 Hartwell Ave. —Major Site Plan Review for new 6 story lab building with some retail and a
parking garage was opened with the Planning Board on 11/16. The Planning Board continued the
public hearing until 12/7 where they will review revised material and are expected to vote on the
project. Link to project documents: ,........... 38
• 0 Cambridge St./Concord Turnpike—Tracer Lane Solar Project—Proposal for a 1.0 megawatt
ground mounted solar energy system is proposed on the south side of the 95 &Rte. 2 interchange
and will remove a significant number of trees. The project is located adjacent to and with access
from a Waltham neighborhood. Project material can be found here:
ht t s: t ..a. etc .c re r s ..
• Please join Carol Kowalski and Joanne Belanger in welcoming the new Department Assistant,
Akeem McDougal, who started 11/21. Akeem will support the Health Office in the Land Use
Health & Development Department. He comes to us from the City of Lowell, where he worked in
the Water Department. It's great to have Akeem on board!
Public Works:
• Marc Valenti, Operations Manager, has achieved a Roads Scholar Certificate from Baystate
Roads. This certificate recognizes individuals who have completed 35 hours of training in
technical and safety areas as well as State and National Standards for Roads.
• The Massachusetts Chapter of the American Council of Engineering Companies (ACEC-MA) has
awarded the Constitution Road culvert replacement/stream daylighting project a Bronze Award for
2023. This project includes a living wall, Dave Pinsonneault has recommended that people go out
to see this project!
E.L. Harvey & Sons, Inc.
Waste Removal and Recycling Services
2020 Bulk Item Pricing
AC: $40.00 Lawn Table: $20.00
Box spring: $30.00 Lounge Chairs: $35.00
Bureau: $30.00 Mattress: $60.00
Car Tires: $30.00 Microwave: $20.00
Child Car Seats: $15.00 Picnic Table: $30.00
XMAS TREES $15.00 Recliner/Sleeper: $60.00
Desk: $30.00 Riding Lawnmower: $60.00
Dishwasher: $30.00 SofafLoveseat: $35.00
Entertainment Center: $30.00 Table: $30.00
Freezer: $40.00 TV's: $40.00
Fridge: $40.00 Toilet: $30.00
Household Chairs: $10.00 Water Heaters: $30.00
Lawn Chairs: $10.00 Wooden Doors: $15.00
Lawn Mower: $30.00 Trash Bin: $10.00
Oversized Box: $10.00 Pallet(Each): $10.00
*Prices are subject to change without notice*
Please call us to schedule your bulk item pickup
CALL (508) 836-3000 1 EMAIL customerservice@elharvey.com I VISIT www.elharvey.com
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TOTAL RIDERSHIP FOR REV BUS
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Date: 1 December 22
Re: SCHEMATIC DESIGN COST ANALYSIS
MUNROE CENTER FOR THE ARTS(MCA)
To: Munroe Development Team:
--------------------------------------------------------------------------------------------------------------------------
Analysis of Projected Project Costs: CPC Application* Revised Estimate**
Construction:Addition $1,543,000 $2,642,892
Sitework/Utilities/Earthwork $ 140,000 $ 867,511
Proposed Reconfiguration of Park/Amenities $ 300,000 $1,086,364
Renovation Costs including HVAC/lower-level restrooms$ 780,000 $1,3691305
Proposed Canopy $ 156,000 $ 377,622
Total Direct Cost $2,919,000 $6,343,694
General Conditions(10%) $ * $ 525,733
Construction Permits $ 63,000 $ 62,220
Administrative O+P (6%) $ * $ 346,984
Bond+ Insurance(1.5%) $ * $ 91,951
Contingency(10%) $ 285,000 $ 622,200
Escalation (7%-Summer 2023) $ - $ 500,715
Total Administrative Cost $ 348,000 $2,149,803
Total Project Cost $3,267,000 $8,493,497
Architect/Consultant Fees Paid by MCA $ 314,000 $ 314,000
* Original cost estimate was based on a cost per square footage number that focused on projected
construction costs but assumes that administrative costs are included.We knew the basic size so
could estimate a projected cost using professional standards.
** Cost estimate by AM Fogarty is based on an itemized breakdown of individual costs as delineated
in a Schematic Design Set of Architectural Drawings that also included narratives from the consulting
engineers (Mechanical, Electrical, Plumbing, Fire Protection, Civil, and Structurall).This estimate was
solicited after the final scope of the work was determined and documented in a Schematic Design
Set.
BRIAN HEALY ARCHITECTS 374 SOMERVILLE AVENUE,SOMERVILLE,MASSACHUSETTS 02143/617-233-9131
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Application: Common Victualler License - WPFHoldco d/b/a When Pigs Fly Bread, 1756
Massachusetts Avenue
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
G1
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve a request for a Common Victualler License for WPFHoldco
d/b/a When Pigs Fly Bread, 1756 Massachusetts Avenue for the hours of 10:00am to 6:30pm Sunday through
Saturday for seating in a new restaurant. The applicant has worked with the Department of Public Health,
Building Department and Zoning Department for their respective required pen-nits and inspections. A Special
Permit to allow fast food use in the CB Zoning District will be reviewed by the Zoning Board of Appeals on
December 8, 2022.
SUGGESTED MOTION:
To approve a Common Victualler License for WPFHoldco d/b/a When Pigs Fly Bread, 1756 Massachusetts
Avenue for the hours of 10:00am to 6:30pm Sunday through Saturday.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Application: Common Victualler License - 1686 Lexington Inc d/b/a Inspire Bowl n Tea, 1686
Massachusetts Avenue
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
G2
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve a request for a Common Victualler License for 1686 Lexington
Inc d/b/a Inspire Bowl n Tea, 1686 Massachusetts Avenue for the hours of 10:00am to 6:00pm Monday
through Thursday; 10:00am to 7:00pm Fridays; 9:00am to 7:00pm Saturday through Sunday for seating in an
existing restaurant. The applicant has worked with the Department of Public Health, Building Department and
Zoning Department for their respective required permits and inspections.
SUGGESTED MOTION:
To approve a Common Victualler License for 1686 Lexington Inc d/b/a Inspire Bowl n Tea, 1686
Massachusetts Avenue for the hours of 10:00am to 6:00pm Monday through Thursday; 10:00am to 7:00pm
Fridays; 9:00am to 7:00pm Saturday through Sunday.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Battle Green Use Request - Lexington Historical Society - Historical Reenactment of
Lexington Tea Party
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, Select Board Chair
C.3
SUMMARY:
Category:Decision-Making
The Lexington Historical Society, in c o llab o ration with Lexington Minute Men, Inc., have requested
permission from the S elect Board for use of the Battle Green on Sunday, December 11, 2022 from 11:00am to
1:00pm as part of a Reenactment of Lexington's historic 1773 Tea Burning as follows:
• Lexington Minute Men(LMM) Members march from the Visitors Center Lawn to the Common to
conduct a musket drill and complete manual of arms;
• LMM parade around the Common, re-form ranks, conduct memorial and honor salute for "Lexington's
Ten", following a roll call of names;
• LMM parades back to the Visitors Center Lawn for Tea Burning Reenactment at approximately 1:00pm.
The Town Manager's Office has given permission to the Lexington Historical Society and Lexington Minute
Men for the use of the Visitors Center Lawn on Sunday, December 11, 2022. Please see the attached approval
letter for details.
The Police Department, Department of Public Works, and the Fire Department have no objections to this
request.
SUGGESTED MOTION:
To approve the request of the Lexington Historical Society, in collaboration with Lexington Minute Men, Inc.
to use the Battle Green on Sunday, December 11, 2022 for the Lexington Minute Men to perform a musket
drill at 11:00am, as well as p erfo rm marching and other demonstrations on the Common between 11:00am to
1:00pm as outlined in the attached request letter.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
ATTACHMENTS:
Description Type
F) 1-kittle(keen Request for Lexington.MinUte can 202.2,MLIsket Drill as Palt of.R,,i(.-,ktjp VIlaterial
I exington Tea Burning F'Went
F) Fown ManagerApproval I-e-fterfor Use ofVisitors C n.ter Lawn for Ru..,,kup VIlaterial
I t.,,xington Tea Btirnirig Reenactmerit[�.'Ivent
LT#t Etst"Ongton 2 Mien
w yr n
/V
CHARTERED SEPTEMBER6,1689AND MAYS,1910•INCORPORATED JULY 15,1916
(MEMBER,THE CENTENNIAL LEGION OF HISTORIC MILITARY COMMANDS,INC.)
1
, APRLt9r, POST OFFICE BOX 1775
LEXINGTON,MASSACHUSETTS 02420
Lexington Select Board
1625 Massachusetts Avenue
Lexington, MA 02420
Dear Select Board Members,
On Sunday, December 11, 2022,with permission from the Lexington Select Board, the Lexington Minute
Men Company in collaboration with the Lexington Historical Society, and the Lexington Boy Scouts will
reenact the Lexington Tea Burning of December 13t" 1773. We extend an open invitation to the public to
the Lexington Tea Burning in commemoration of this historic event that occurred three days before the
Boston Tea Party.
Our itinerary for the day includes an 18t" century encampment, and musket drills with one firing on the
Lexington Common (Battle Green). The proposed schedule is as follows:
10:00 a.m.: LMM arrive at VC/Buckman; set up camp, mingle with public, and prepare arms/equipment
for drilling
11:00 a.m.: LMM form ranks, size company, march out to common to commence drill
11:00 a.m.—12:30 p.m.: LMM conduct musket drill; complete manual of arms (no live firing)
12:30—1:00 p.m.: Parade to monument on common, re-form ranks, conduct memorial and honor salute
for Lexington's ten killed that fateful day, 9 militiamen, 1 civilian, 10 total, 1x1 following a "roll call" of
names
1:00 p.m.: Return to VC/Buckman for commencement of Tea Burning
3:00—4:00 p.m.: Close event by mingling with public
The Lexington Minute Men Company is the oldest Militia Company in continuous existence since the
Revolutionary War, is dedicated to increasing knowledge and understanding of our Country's birth
through school visits, historical re-enactments, and speaking engagements.
On behalf of the Lexington Minute Men Company,the Lexington Historical Society, and the Lexington
Boy Scouts we appreciate your support and look forward to receiving the Select Board's permission for
this event.
Sincerely,
James Lee, Captain Commanding,The Lexington Minute Men
:. .
Town of Lexington
H
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
November 3 01 2022
Ms. Sarah McDonough
Lexington Historical Society
Via email: ei i�s
Dear Ms. McDonough:
Permission is given to the Lexington Historical Society, in collaboration with the Lexington Minute
Men, to host your annual tea burning reenactment on Sunday, December 11, 2022 from 10:00 a.m.
until 4:00 p.m. on the lawn of the Visitors' Center (on the east side of Buckman Tavern). Set-up will
begin at 9:3 0 a.m. and clean-up should be completed by 4:00 p.m. You expect up to 75 people in
attendance.
You will want to make sure all details are finalized with the Fire Department(781-698-4700) with
regards to your bonfire. Please forward me an insurance certificate naming the Town as additionally
insured for the event.
Good luck!
Sincerely,
fill
( l
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y ii' WM"WL w+'i"rvv Wwr»;II" nw.Y:. 1 n i f n,"iAvdd'
Catherine B. Severance
Office Manager/Special Events Coordinator
cc: Police Department, Fire Department, Department of Public Works, Visitors' Center/Economic
Development, Select Board
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Liquor License Renewals
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.4
SUMMARY:
Category:Decision-Making
2023 LIQUOR LICENSE RENEWALS-ALL ALCOHOL RESTAURANTS
Bertucci's- 1777 Massachusetts Avenue
Love at First Bite- 1710 Massachusetts Avenue
Revolution Hall-3 Maguire Road
2023 LIQUOR LICENSE RENEWALS WINE/MALT RESTAURANTS
Daikanyama -43 Waltham Street
2023 LIQUOR LICENSE RENEWALS PACKAGE STORES
Art's Specialties- 1666 Massachusetts Avenue, Unit H
Berman's-55 Massachusetts Avenue
Lexington Wine&Spirits- 186 Bedford Street
Lexington Liquors-7 Depot Square
Vinebrook Bottle- 131 Massachusetta Avenue
Whiskey &Wine-55 Bedford Street
2023 LIQUOR LICENSE RENEWALS CLUBS
Lexington Golf Club- 55 Hill Street
Lexington Elks -959 Waltham Street
SUGGESTED MOTION:
To approve the following 2023 Annual Liquor License Renewals:
2023 LIQUOR LICENSE RENEWALS -ALL ALCOHOL RESTAURANTS
Bertucci's - 1777 Massachusetts Avenue
Love at First Bite - 1710 Massachusetts Avenue
Revolution Hall- 3 Maguire Road
2023 LIQUOR LICENSE RENEWALS WINE/MALT RESTAURANTS
Daikanyama-43 Waltham Street
2023 LIQUOR LICENSE RENEWALS PACKAGE STORES
Art's Specialties - 1666 Massachusetts Avenue, Unit H
Berman's - 55 Massachusetts Avenue
Lexington Wine& Spirits - 186 Bedford Street
Lexington Liquors - 7 Depot Square
Vineb ro o k Bottle- 131 Mas s ac hus etta Avenue
Whiskey& Wine- 55 Bedford Street
2023 LIQUOR LICENSE RENEWALS CLUBS
Lexington Golf Club - 55 Hill Street
Lexington E llcs - 959 Waltham Street
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Class UIUIII License Renewals
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
GS
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve the 2023 Annual Class I/II/III License renewals. The Select
Board Office is in receipt of all of the required documentation and departmental reviews with sign-offs for the
renewals of the following businesses holding a Class I/II/III License:
CLASS I
Lexington Toyota., Inc. -409 Massachusetts Avenue
CLASS II
A to Z Auto Wholesale- 20 Vine Street
Mabuchi Motorcars -401 Lowell Street
Minutemen Auto Haus - 6 Fulton Road
CLASS III
John P. Carroll Company, Inc. - 700 Waltham Street
SUGGESTED MOTION:
To approve the 2023 Annual Class I/II/III License Renewals for the following businesses:
CLASS I
Lexington Toyota, Inc. -409 Massachusetts Avenue
CLASS II
A to Z Auto Wholesale-20 Vine Street
Mabuchi Motorcars -401 Lowell Street
Minutemen Auto Haus - 6 Fulton Road
CLASS III
John P. Carroll Company, Inc. - 700 Waltham Street
Move to approve the consent.
FOLLOW-UP:
Select Board O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Common Carrier License Renewals
PRESENTER:TER• ITEM
S
NUMBER:
Jill Hai, Select Board Chair
C.6
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve the 2023 Annual Common Carrier License renewals. The Select
Board Office is in receipt of all of the required documentation and departmental reviews with sign-offs for the
renewals of the fo llo wing business holding a Common Carrier L is ens e to operate the L exp re s s buses:
COMMON CARRIER
M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn
SUGGESTED MOTION:
To approve the 2023 Annual Common Carrier L is ens e Renewals for the fo llo wing business to operate the
Lexpres s buses:
COMMON CARRIER
M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn
M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Common Victualler License Renewals
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.7
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve the 2023 Annual Common Victualler License renewals. The Select
Board Office is in receipt of all of the required documentation and departmental reviews with sign-offs for the
renewals of the following businesses holding a Common Victualler License:
COMMON VICTUALLER
Bertucci's - 1777 Massachusetts Avenue
Bruegger's Bagels #3711 -413 Waltham Street
Crust& Curry- 321 Marrett Road
Daikanyama Japanese Cuisine-43 Waltham Street
Fiorella's Trattoria-25 Waltham Street
it Casale - 1727 Massachusetts Avenue
Lexington House of Pizza- 399 Lowell Street
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Mario's Italian Restaurant- 1733 Massachusetts Avenue
McDonald's - 690 Marren Road
Peet's Coffee & Tea- 1749 Massachusetts Avenue
Qdoba Mexican Eats -46 Bedford Street
Revolution Hall- 3 Maguire Road
Royal India Bistro - 7 Meriam Street
The Upper Crust-41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
Wicked Bagel- 171 Massachusetts Avenue
SUGGESTED MOTION:
To approve the 2023 Annual Common Victualler License Renewals for the following businesses:
COMMON VICTUALLER
Bertucci's - 1777 Massachusetts Avenue
Bruegger's Bagels #3711 -413 Waltham Street
Crust& Curry- 321 Marrett Road
Daikanyama Japanese Cuisine -43 Waltham Street
F iorella's Trattoria- 25 Waltham Street
it Casale - 1727 Massachusetts Avenue
Lexington House of Pizza- 399 Lowell Street
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Mario's Italian Restaurant- 1733 Massachusetts Avenue
McDonald's - 690 Marrett Road
P eet's Coffee & Tea- 1749 Massachusetts Avenue
Qdoba Mexican Eats -46 Bedford Street
Revolution Hall- 3 Maguire Road
Royal India Bistro - 7 Meriam Street
The Upper Crust- 41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
Wicked Bagel- 171 Massachusetts Avenue
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Entertainment License Renewals
PRESENTER: ITEM
NUMBER:
Jill Hai, Select Board Chair
C.8
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve the 2023 Annual Entertainment License renewals. The Select
Board Office is in receipt of all of the required documentation for the renewals of the following businesses
holding an Entertainment License:
ENTERTAINMENT
Bertucci's - 1777 Massachusetts Avenue
Crust& Curry- 321 Marren Road
it Casale - 1727 Massachusetts Avenue
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Revolution Hall- 3 Maguire Road
The Upper Crust-41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
SUGGESTED MOTION:
To approve the 2023 Annual Entertainment License Renewals for the following businesses:
ENTERTAINMENT
Bertucci's - 1777 Massachusetts Avenue
Crust& Curry- 321 Marren Road
it Casale - 1727 Massachusetts Avenue
Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue
Revolution Hall- 3 Maguire Road
The Upper Crust-41 Waltham Street
Via Lago Inc. - 1845 Massachusetts Avenue
Move to approve the consent.
FOLLOW-UP:
Select Board O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss and Approve American Rescue Plan Act (ARPA) Requests
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.1
SUMMARY:
Category:Decision-Making
Attached is an updated version of the previous list of requests in a revised format that are before the Select
Board for consideration.
To simplify the requests, all of the information has been put into one spreadsheet that is color coded as
explained below:
• The first section in eY llow is for those items under consideration for Board approval. Those with black font
are recommended, those that are in red font are not recommended for the reason stated in the status column.
. The second section in green is for items that have already been approved.
• The third section in rg�a is for items in that "gray" area the Board has neither approved or disapproved, but
has set aside for future consideration.
• The fourth section in red is for items the Board has not approved.
• This is followed by the two charts that were included previously and the forms for each of the open requests
(in yellow)are the last items.
I've also attached two new applications, one from DPW and one from Economic Development for future
consideration. It would be helpful for the Board to establish a"regular" quarterly agenda item as previously
discussed.
SUGGESTED MOTION:
Move to approve the following projects to be funded using ARPA funds (state the project/dollar amount).
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 6:40pm
ATTACHMENTS:
Description Type
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F) I il-.)erty Ride Pre;senlation Co v e r VII e trx-..)
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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, 11 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 Boards 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 lyer, Economic Development Director
8 12/1
Liberty Ride Trolley Request
Name of Project:
Project Cost: $5 5 0 3 0 0 0 Department: L U H D_
Cost Basis:
Includes EV Trolley and level 2 charger cost
Please describe the project:
The Liberty Ride is a treasured asset to the Lexin ton Community. Residents are
pleased with this method of demonstrating their p ide in Lexington's Histo�y and tourists
enjoy the unique experience. However, the cost of operating the trolley using a vendor
providing the trolley and the guides has increased substantially with each season. With
tickets prices at the premium, breaking even with the revolving fund without General
fund support will not be possible. To mitigate this chronic issue, the Town purchasing a
new electric trolley.using ARPA funding will not only help the business but also help us
provide better service to our visitors and residents. We are projecting that we will be
able to set-aside some funds for future capital investment in a new trolley as well if we
bring the service in-house.
Please describe how this meets the Select Board-s Nexus with COVID Pandemic:
Covid-1 9 has impacted the tourism industry significantly. Visitorship is only now
beginning to return to pre-pandemic numbers. Because of budget constraints related to
the lack of visitors the past 3 seasons, operational changes have needed to be made
and we can no longer provide pre-pandemic level service because of the hourly trolley
rates.
Date Submitted to the Town Manager: 11 /30/2022
Submitted By: Economic Development Office
9 12/1
u III u u u u u,
Name of Project: LexHAB Property Purchase
0 9000 Lexington ousin Assistance oar
Project Cost. Department.
Cost Basis:
The purchase price for a 3 bedroom home is $715,000. The balance needed to complete the purcl
Please describe the project:
The unit is currently a market rate single family three bedroom hone. exL A 's purchase of the
Please describe how this meets the Select Board's Nexus with COVID Pandemic:
Housing 1s one of the Select Board's stated funding riorities. The pandemic exacerbated the of o
Date Submitted to the Town Manager:
r
r
r
r
r
Submitted By:
Y
10 12/1
u III u u u u u
Increasing Inclusion Through Technology
Name of Project:
Project Cost: $4, 0 0 0 Department: Recreation and Community Programs
Cost Basis:
-I pad with OF($330)
-Communication Technology($20)
-Ipad Accessories($50)
Each Ipad would cost$400.To meet the needs of our summer recreational programs 10 Ipads would be needed. The(pads
would then be used throughout the school year in a variety of programs that take place during the out of school time,evenings,
weekends and during the day at the Community Center.
Please describe the project:
Inclusion Aides who work with individuals with disabilities will use the IPads to better
support and include participants in programs and in the community. The Ipads will be
used as a communication tool, inclusion tool, behavior management tool and a tool for
evaluation. The Ipads will have augmentive communication apps to allow participants
who are non-verbal or have difficulty communicating to have a voice and engage with
their peers and the program staff. The Ipads will also be equipped with apps that
support the participant within the program such as interactive visual schedules, first
then charts, task completion lists and emotion identification cards to assist with
behavior management and introduce identies to emotions and provide tools to return to
baseline. The Ipads will allow inclusiuon aides to take notes and complete evaluations
on the participants success to update inclusion plans and continue providing the best
level of support possible.
Please describe how this meets the Select Board's Nexus with COVID Pandemic:
This project meets the Select Board's Nexus with COVID Pandemic because it affects
community members public health and resiliency within the community. During the
pandemic, many individuals with disabilities not only faced social isolation but
regressed socially, physically, spiritually and emotionally and are now seeking
Recreational programming and services to become re-integrated into the community
and work on physical, social and emotional skills. Post pandemic, there has been a
large increase for incusion services and a notable increase in participation for
individuals who require higher levels of support. Many of these individuals are
non-verbal, have mobilility limitations and/or high cognitive deficits post pandemic and
we want to support them as best as posssible. The Ipads would create a bridge for
accessibility, socialization, participation and engagement. When individuals make
meaningful connections to their peers and community it greatly benefits their mental
and physical health and resiliency to future crisis.
Date Submitted to the Town Manager: 1 1 .9.2022
Submitted By: Melissa Battite/Kate DeAngelis
11 12/1
Fire Department and Emergency Management Respiratory Protection
Name of Project:Project
Project Cost: $`'F O 1 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
12 12/1
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.htmi
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
13 12/1
u III u u u u u,
Name of Project: LexHAB Funds for Future Property Purchase
Project Cost.
31 ,000 Department. Lexington Housm y Assistance oar
Cost Basis:
LexHAB is searching for small homes in the range of$600,000- $800,000 to purchase and convc
t
Please describe the project:
LexHAB is actively pursuing the purchase of small homes in the range o 60 ,00® $800,000 t(
Please describe how this meets the Select Board's Nexus with COVID Pandemic:
Housing 1s one of the Select Board's stated funding riorities. The pandernic exacerbated the of o
Date Submitted to the Town Manager:
r
r
r
r
r
Submitted By:
Y
14 12/1
James Malloy
From: Mina S. Makarious <mina@andersonkreiger.com>
Sent: Tuesday, November 29, 2022 12:57 PM
To: James Malloy
Subject: RE: ARPA/SLFRF Funds Analysis
FUSE CAUTION: This email came from outside the Town of Lexington. Do not click links, open attachments or respond to the email
S I C unless you recognize the sender, you are expecting the communication and you know the content is safe.
Hi Jim,
® I would apply the same logic. In fact, because LexHab may not be a Town entity by 2026, I'd be even more nervous
to hand over the money to their account now in case they do not spend it in time to meet the ARPA requirements.
Thanks,
Mina
From:James Malloy<jmalloy@lexingtonma.gov>
Sent:Tuesday, November 29, 2022 12:07 PM
To: Mina S. Makarious<mina@andersonkreiger.com>
Subject: FW:ARPA/SLFRF Funds Analysis
Mina—Please see the email chain below. Last night the Select Board discussed a request from LexHab to set aside
$315,000 to hold for a future home purchase. Would the same logic applied to the Affordable Housing Trust also apply
to this request from LexHab? Please let me know. This is scheduled to come back before the Select Board next Monday
evening. Let me know if you have any questions. Thanks.
Jim Malloy
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781-698-4540
www.lexingtonma.gov
PliWse note most emails sent tol from this account"are u public record and consider the environment belbre printing
this'email. Thanlks,!
From: Carolyn Kosnoff<ckosnoff@lexingtonma.gov>
Sent:Tuesday, November 22, 2022 12:29 PM
To:James Malloy<imallov@lexingtonma.govl>; Kelly Axtell <kaxtell@lexingtonma.gov>; Carol Kowalski
<ckowalski@lexingtonma.gov>
Subject: FW:ARPA/SLFRF Funds Analysis
FYI—see AK's opinion below on seeding the Affordable Housing Trust with ARPA funds. My take is the same—setting
funds aside into a Reserve Fund is a prohibited use. We can spend ARPA funds on housing, but it would need to actually
1
15 12/1
be spent by 12/31/2026—it cannot just sit in the fund. I would be very uncomfortable making that transfer if there was
not some immediate determined use for it.
Carolyn Kosnoff
Assistant Town Manager for Finance
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781.698.4622
sdays ard wi]111 6�1()se Please ri�Me Eff`ectiive t/1/19, the 'fowl.�I�� 01"fice Build,[ri��g will be open fill 7 [hnri. on. I Ik
""I'lich/re will ][)e no change o f fiiiotws Mori�4ays, We(Inesdays i- nd. Thimsdays (dosiv ...
at�Jrt 'I pn,i. on Fridays., 'I
rvi.)
(When writing or responding please understand that the Secretary of State has determined that emails are a public
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From:James Malloy
Sent:Tuesday,August 23, 2022 4:29 AM
To: Kristen Gagalis<kgagalis@andersonkreiger.com>
Cc: Carolyn Kosnoff<ckosnoff@lexingtonma.gov>; Mina S. Makarious<mina@andersonkreiger.com.>
Subject: Re: ARPA/SLFRF Funds Analysis
Thanks!
Sent from my iPad
On Aug 22, 2022, at 7:06 PM, Kristen Gagalis <kgagallskandersonkreiger.com>wrote:
respond USE CAUTION: This email came from outside the Town of Lexington. Do not click links, open attachments or
U to the email unless you recognize the sender,you are expecting the communication and you know the
S
is safe.
Jim and Carolyn,
You asked us to look into whether ARPA State and Local Fiscal Recovery Fund (SLFRF)funds could be
used to provide seed money for the Affordable Housing Trust that the Town is considering creating. The
short answer is, unfortunately, probably not. Although all SLFRF guidance highlights the leeway that
local governments have in using SLFRF funds to support affordable housing, such leeway does not seem
to include putting money in a trust where the ultimate use of the funds may be some time far into the
future.
Affordable Housing in FAQs
2
16 12/1
The short version of the SLFRF FAQs addresses affordable housing in section 2.14, or pages 10-13
Illy,,,,,,,,it The list of eligible affordable-housing uses of SLFRF funds does not list placing funds in a trust, but
since this list is explicitly non-exhaustive, that does not necessarily provide a determinative answer.
However, these FAQs do explicitly say that"other affordable housing projects, beyond those eligible
under the presumptions described above, may also be eligible uses of SLFRF funds under the final rule if
they are related and are reasonably proportional to addressing the negative economic impacts of the
pandemic and otherwise meet the final rule's requirements" (emphasis added). Thus, we must still
address the question of whether placement in a trust by the applicable deadlines complies with the final
rule.
"Liquidated" or"Expended" by 12/31/26
Under SLFRF guidelines, all funds that a recipient(the Town)or subrecipient (i.e., an entity that receives
a subaward from the Town) receives under SLFRF must be used to pay a cost"incurred" between March
37 2021 and December 31, 2024, and must be expended or liquidated by December 31, 2026.
Interestingly, the statute does define the term "Incurred"Title 31 Subtitle A Part 35 Subpart A § 35.5 (b)
as follows: "Costs incurred. A cost shall be considered to have been incurred for purposes of paragraph
(a) of this section if the recipient has incurred an obligation with respect to such cost by December 31,
2024." However, the neither the statute nor the guidelines or FAQs define the term "liquidated" or
"expended," (both of which are used interchangeably to describe the 2026 deadline.)
Even if putting funds in a Trust counts as expending those funds, the applicable costs must still be
incurred by December 31, 2024, as stated above. Thus, it seems as though the only way to abide by
both the 2024 incurment and the 2026 expenditure deadlines, while still putting the funds in a Trust,
would be to begin projects before the end of 2024 that would be paid for with debt service funded by the
Trust. Unfortunately, debt service is explicitly excluded under the final rule: "For all recipients, funds may
not be used for debt service" Final Rule, pg 10. [31 CFR Part 35 RI N 1505-AC77].
Trust= Expenditure Elsewhere
It is also worth noting that elsewhere in the final rule, putting the money in a Trust is an allowable
expenditure. For example, "[u]nder the interim final rule, a recipient may use funds to make deposits into
its account of the Unemployment Trust Fund established under section 904 of the Social Security Act(42
U.S.C. § 1104) up to the level needed to restore the pre-pandemic balance of such account as of January
277 2020 or to pay back advances received under Title XII of the Social Security Act (42 U.S.C. § 1321)
for the payment of benefits between January 27, 2020 and May 17, 2021. These costs support the
solvency of the unemployment insurance system and, ultimately, unemployment insurance benefits
provided to unemployed workers during the pandemic... In the final rule, Treasury is maintaining the
inclusion of this eligible use category. Because unemployment insurance trust funds directly fund benefits
to unemployed workers, maintaining the solvency of the trust fund is critical to the continued provision of
assistance to unemployed workers. Further, funds deposited into the trust fund must be used as
assistance to unemployed workers, an eligible use of SLFRF funds." Final Rule, pg 118. [31 CFR Part 35
RI N 1505-AC77]. Il�tt ,//IIh iirrm flit u iii / t iirn/fiii /1 / III,,,,,,,li,,,,,.Ili IIF li,,,,,,iii iii Ili u f
3
17 12/1
However, elsewhere in the rule, other types of long-term funds are not eligible expenditures. For example.
^eraopiont... moynotuoofundofordopooitintoonypanoionfund.^ Titlo31 Subtitle A Part 35 Subpart A
§ 35.7Pensions. .
Arguably, the types of expenses that would be incurred by a Housing Trust, like those incurred by an
unemployment insurance fund, would be almost perfectly aligned with SLFRF's purposes. Thus, one
could possibly make an argument that deposit into a housing trust is equivalent to deposit in an
unemployment trust. However, as previously discussed, since the Trust did not exist pre-pandemic, it
would be difficult to argue that deposits into the Trust would be needed "to restore the pre-pandemic
balance^ of the account.
One last possible route to use SLFRF funds for a housing trust would be classifying the Trust as a
^bonofioion' rather than a ^oubneoipiont" of the funds. This distinction matters because osubreoipiantis
^subject to oubnaoipiant monitoring and reporting naquinamanbs.^vvhanaoo o beneficiary is not subject to
those requirements. Final Rule pg. 210. In order for the Trust to be considered e beneficiary, the Tovvn'o
rationale for providing the funds to the Trust would have to be "for the purpose of directly benefitting"the
Truot^eoonaou|tofoxporienoinge... nagotiv0000nomicimpaotofthopondamiu.^ |notharwordo. tha
Trust could only be considered a beneficiary if it had taken a financial hit due to COVID-19 between
January, 2021 and December 31, 2024 (the dates between which COVID- related impacts would have to
have been inourred).
Given that the Trust does not yet exist, the Town cannot show that the Trust's balance was impacted by
CDV|D. However, were the Town instead to put the money into LexHob as it currently exists, it could
potentially make the argument that LexHab is a beneficiary rather than a subrecipient and thereby make it
not subject to the same monitoring and reporting requirements. However, this would be a fact-based
analysis and would require more information about the particulars of LexHab's finances, especially during
the pandemic
Best,
Kristen
ANDERSON Kristen K@sgalim (she/her)
KREIGER
T: 017.021.G5S4
4
18 12/1
C. 617.543.6105
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19 12/1
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
20 12/1
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
21 12/1
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i
I[Name of'Proj'ect:Lead and Copper Service Dire Inventory, Planning & Replacement
UHWProjectCost: Department.,
Cost ii :
The cost estimate is for Engineering Services as outlined in the attached proposal from
Environmental artn rs. The services include project administration, records
screening, GIS mapping and inventory deliverables, public outreach, preparing the,
service lies replacement contract documen ts and bidding administration.
Pleasedescribe the project:
This project will provide the necessary ngin ring and design services, as described in
the, Cost Basis Section to develop a Lead and C �r Service inn Inventory, Planning
Replacement Program.gram. This is a, requirement EPA with a mandatory completion
date of October 2024. Once this engineering work is completed the wry can then
begin replacement of the service nines to ensuresafe drinking water for it's residents.
This is a critical step to meeting the requirements f EFTA.
Please ....................................................-"......................-`,................................. ..................................................
describe 'how �i meets the Select Board'sNexus with COVI Pandemic:
:
During the COVID pandemicmany residents were confined to their homes utilizing
more water in a variety f ways (drinking, cooking, cleaning, hygiene, etc.). Public and
private buildings were left unused se r had minir al use for are extended period of'time. If
lead is present in the services it opens up health rills to throne consuming or utilizing
the water. The Flirt, Michigan water crisis highlightedthe need to remove lead
services from the water system.. It is incumbent on the Town to ensureits drinking
water is safe to drinkand, safe to use for everyday purposes. Residents and business
carers who are already dealing with, a pandernic should not have to worry if their water
is running through lead s r ices and' if it poses another health risk to deal w�it,h. The
Town reeds to be proactivein this effort. Funding this work will help to re�move this as
a concern during a future n r i r even during prolonged storm events, where
residents are confined to their homes. This meets the ,select Board's Nexus by
providing a mesas, of improving public health and minimizing risks. The construction
portion of this project,will go through the Capital Budget process. Water infrastructure
is an approved use of,APRA Founds., Using AR PA Funds for this request will also ,save
future cost for rate payers some of wham were affected,, financiallyduring COVID.,
Date Subm, itted to the Town Manager: ecier er 1 1 2020
Submitted : David J. DPW Director
m
ENVIRONMENTAL
PARTNERS
e II �75
October 7, 2 ,22
'r. David Pavlik, Water&Sewer Superintendent
Department of Public Works
201 Bedford Street
Lexington, MA 02,420
E4, Draft Scope of Services and Budget for
Lead Service Line Inventory, Ia ui Replacement Support
Dear Mr. P vli ,
Environmental Partners Group, LLC PP is pleased to provide the following draft Scope of Services t
assist true T wn of Lexington with their Lead' Service Lire LSL Invent 'or , Planning, a,nd Replacement
Project as required by the Environmental Protection Agency(I PA)'s Lead and Copper Rule Revisions
LCPP .This Scope of Services follows the EPA's recently released guidance for communities,a copy
of which i sted online t: h ` Yu � t � u driri u e usedl i ,�-
. ,.,. � e �...� � l-....m.._�..r.�mm.. a._,.�..r...._r. �are�m.��,.... �
Separately, PP ha,s piroposed engineering assistance to the Town in pursuit of a loan through ug the
Massachusetts Water Resiources Authority(MWRA) l Water System Assistance Pr , r r LWSAP ,
The LWS P loan application shall include funding for engineering and construction activities related
to, inventory, planning, and replacement of LSLs.
o -11 11-1,g
je(--t
Under Section 1� 1. theL R finalized' in 2021,
EPA requires ill public water suppliers t
develop and submit omplete Lead Berne Line LSL Inventory t er 116, 2024.The inventory
mr ust categorizes all service lines connected to the public water distribution system, regardless of
ownership status, as
follows-
Lead Service
0 Galvanized Service(requires replacement)
Lead Status Unknown (assume lead until determined)
Non-Lead Service
The Town is currentlyundergoing a water meter replacement program where interior service line
materials are identified ari ' recorded. In addition, the Town has some information in its GIS, as well
s a tabulation service material ► derived from water service tie cards.
EP will support the Town by performing the activities described below. EIP recommends conducting
all tasks on a Time & Expenses basis so that the final budget reflects the actual scope selected by,the
Town and to allow the process,to accommodate additional records research not currently described.
0 Manage the LLP loan application and MW'RA requests for information throughout the
projects,development. Invoices and project updates will meet loan requ I i I rements, Prepare
and submit project closeout documentation for M1WRA.
0 Attend six(6)Select Board meetings throughout the project(including design and
construction)to inform on progress. Prepare a presentation and schedule updates for each
meeting. Six(6)additional meetings will be set up with the DPW to review mat eri'al before
each Select Board Meeting.
r a s 1< 2 - R e c o,r d s S c r e e r'i i r"I lg
0 Review and organize documents provided by the Town such as water service tabulation
data, GIS data,,water main installation record drawings,, capital improver rat plans, and
master plans to gain a preliminary understating of service materials throughout the system
and identify areas of the distribution system that predate the 1986 Safe Drinking Wa ter Act
(SDWA) lead an
0 Review and organize record information provided by the Town, such as the Toven's
tabulation ofwater service materials, installation and maintenance/repair records, meter
installation records, and other provided documentation regarding the material of the
existing services. Conduct spot-checks of tie card records as a QA/QC'of the tabulation and
to familiarize the project team with tie card formats.
EP has allocated u!p to 325 total hours for all EP staff.
1-as".1k," t,,,iblic 0,(,,itreac�): Gig Marp,ping and lnve�)tory' I',)eliverables
The new LCRR requires communities to conduct public,education and outreach. Improving public
access to LSL information, such as LSL locations, is an important component of the public outreach
program. A simple method to convey,the LSL location information is to provide a static map and a
list of LSLs by address ors the gown's website. However, for transparency and to provide r levant
information to water customers, EPA,suggests that communities publish the materials for all service
lines,
Some communities upload the service line inventory to the community's GIS,and provide an
interactive map,on the webpage,which would show the service line materiall fore chi property.This
provides positive confirmation of the service line's material for the general public, and has the
added benefit of or,ganizing data for quick retrieval by Town staff.The following Scope of Service for
I
Task 3 assumes the Town will consider an interactive GIS-based map for pu!bl'ic outreach,
Use,the information gathered in Task 2 to update the Town's, Excel spreadsheet
documenting street address, Customer number(if applicable), and size/material of the water
service icle on both the public and private side. EP will convert the Town's upd'ated spreadsheet
to MassDEP's inventory template for documentation.
Create a GIS map showing the water service material ,for each record by providing a color-
coded symbol on each property indicating the service line material. Locating and mapping
physical locations of each water service is NOT includedwithin the scope of work..
Mapping will in rate information from the aforementioned Excel spreadsheet.The GIS
map will be formatted for sharing with the public via Lexington's town bsite to satisfy the
requirements of the Revised Lead and Copper Rule. Cost for posting the GIS map on the
Town Website and service fees for an ArcGIS Online viewer account to host the GIS map
online,are not included in EP's scope, but EP will discuss these issues with the Town"s GIS
staff.
EIS has alloc teld up to 300 total hours for all EIS staff.
"'Fask 4- Pt,iblic Outreacl-i
Public Outreach shall be split between parties directly impacted by the Lead Service it
Replacement Project and the rest of the community. Separate public meetings will be set up for each
group to ensure a clear message of the Town's goal to fully remove all lead pipe from the water
system.
Impacted residents
0 Prepare letters and snails using published information from MassDEP, EPA, CDC, and WHO
to inform impacted residents of the potential negative effects,of lead. EP anticipates sending
two (2) rounds of letters via US mail to the 300 impacted residents beginning early 2023,
followed by,periodic monthly project updates via email from January,2023 through August
2024(including the construction phase). The DPW shall have the opportunity to review and
comment on all material before distributing it to residents. Email shall be sent,from a
dedicated email address.
0 Establish and maintain a database of email addresses and phone numbers of impacted
residences. Establish a dedicated email address and phone number for fielding questions
directly from residents.The email address and phone number shall be created specifically
fir this project and not used for any other activity.The email address and phone number
shall be the only methods of contact provided on materials published for this project.
Host(3)three virtual Public Information Meetings for impacted residents and share a
PowerPoint presentation on,the lead service line replacement,project. The meetings shall
include sufficient time for Questions&Answers.Three (3)additional meetings will be set up
with the DPW to review material before each Public Information Meeting.
Develop and maintain a common Questions &Answers document shared with the DPW for
responding to additional concerns,.The document shall be shared through the FileCloud
document sharing service.The QLJeStions &Answers document shall be included in the
monthly emails to impacted residents.
Prepare MassDEP required disclosures that mu�st be sent to homes with services categorized
as,a lead, galvanized or lead status un�known. Notice to all hornes categorized as lead,
f
galvanized, or lead status unknown is required within 30 days after submission of the
inventory list to MassDEP.Additionally,the inventory must be updated annually or tri-
arms ally for systems on reduced lead &copper monitoring,
Non-impacted munity residents
• Work.with the Town of Lexington IT clepartment to update the Town we site to include a
webpage dedicated to the lead service line replacement project. The webpage will have
project background, schedule updates, questions &answers documentation, links to
previously released materials, and links to pulblished information concerning lead from
the EP& DEP,,WHO, and CDC.
• Most two (2)virtual town hall meetings for all the Town of Lexington residents.The
meetings will go over the project at a high level and specifically inform residents they do
not have any action to take if the, community does not notify them about a recorded lead
service.
Prepare flyers on how consumers,could identify a lead service line from within their
homes.The flyers will include the EP contact number, and a home inspection can be set
up if the consumer suspects they may have a lead service.
'Task 5 - Pr,epare Lead Service [.Jine Replacerrient Cor',istruct.Jon Contract DOCILImer),ts
0 Meet with the Town to discuss the LSL replacement project, including work on private
property, restoration work, customer notification and permission, public outreach, and
methods for payment., ENS' recommends Town Counsel's involvement in the meeting to guide
the project team in obtaining permissions for con truction work on private property.
0 Specifications will include typical eater service replacement details for a LS,L replacement
project. The contract documents,will' detail a preferred replacement method,, customer
notification and appointment requirements, payment methods for non-standard
replacement, and restoration of private property. Plea,se note MWRA funds cannot be used
for partial replacements of lead service lines.All replacements must be from the water main
to the meter.
0 Prepare an opinion of probable project cost estimate for the LSL replacement project,
including non-stanclard replacements and restoration work. Due to the evolving nature of
the work and recent material prices, a contingency of 30%will be applied to the cost
estimate.
0 Discuss permitting requirements for the project with local and state agencies, including the
Lexington Conservation Commission,the Massachusetts Department of Transportation
(MassDOT), and the Massachusetts Water Resource Authority(MWR,A). The permitting scope
I
and budget will depend on the location of the LSLs and will be refined as part of thiis phase.
Prepare a townwide blanket Notice of Intent(NOI)Application for the Lexington
Conservation Commission. EP identified 32 replacements within the I 00-foot wetlands
buffer via the MassGIS published wetlands map.Attend up to, two committee meetings,,
a. Retain a sub-consultant to flag the wetlands within 50 feet of the property line of any
residence impacted by the Lead Service Replacements Project.
. ........
0 Prepare a MassDOT Construction Access Permit for the replacements on Mas,sDOT
roadways.The permit application shall include a cover letter, application, Control Density Fill
(CDF)waiver request, standard traffic management plan details, an ' othe�r pertinent
information as requested by Mass DOT. EP anticipates 52 replacements within MassDOT
roadways.
0 Prepare a MassDCR Construction Access Permit for the r lacements on Ma,ssDCR
roadways.The permit application shall include a cover letter, application,traffic
management plan d etail s and other pertinent information as requested by MassDCR. EP
anticipates 5 replacements within MassDCR roadways.
0 Prepare a blanket MWRA 8(m)permit application for,work near existing MWRA
infrastructure. The application shall include a cover letter, application, m,ap of the impacted
infrastructure, and details indicating actual offsets of the new, water services from MWRA
infrastructure. EP will prepare a utility request to the MWRA to verify the total number,of
impacted replacements.
'I'ask 7 Bidding of Lead Sei-vice L.ine Rep lacer nent Cotistriic'1:1`011 C.'(1)IIAracIt DOCLIr'nent's
Assist the'Town with bidding the project through the Town"s normal bidding process-,
Assist in the bidding of the project including a pre-bid meeting, preparation of responses to
questions from potential bidders, and preparation of bid addenda for distribution plan
holders.The Town will be responsible for public advertising of the bid and distribution of
contract clocurnens through their online plan house.
Review submitted bid proposals for administrative completeness and contacting project
references,for the three lowest apparent bidders.
Prepare a recommendation to award memorandum identifying the lowest apparent
responsive and responsible kidder.The memorandum will be,submitted to the Town for
review and comment.
(_,j I , "'i s
m x s i o�
The following tasks are not included within the scope listed above;
0 Lead &copper sampling assistance.
Construction Services.
The final Construction Services scope will be determined with the,Town once contract documents
are prepared and the level of effort can be clarified.
D 31 et-
F"LICA 1��
- b
EP's budget estimate for the Scope of Services for tasks previously described is Three Hundred
Twenty-Nine'Thousand Five Hundred and Eighty Dollars ($3,29,580.00).A breakdown of the total
estimated budget,by,task is as follows:
Task, EP Budget
Task I - Project Administration $28o120.00
Task 2 - Records Screening $44F41 0.00
Task 3 -GIS Mapping,and Inventory Deliverables $44,400.00
Task 4- Public Outreach $88F720.00
Task 5- Prepare LSL Replacement Contract Documents $391,41 OM
Task 6 Permitting $72..520.00
Task 7- Bidding $12,000.00
Total $329,r580.00,
The cost for const�ruction of the LSL replacements will be refined during the records screening
process, A budget based on immediately available information is included in the I RA.funding
application.
Unless oth rwi'se noted below, each task is anticipated to begin immediately after,the previous task
is completed.
.............
Task Estimated'Time to
Completion
Task 1 - Project Administration Concurrent'
Task 2- Records Screening 210-week S2
Task 3- GIS Mapping and Inventory I eliverrables 8-weeks
Task l liOutreach Concurrent'
Task 5- Prepare, LSL Replacement Contract Documents 8-weeks,
Task 6- Bidding 4-weeks
Task 7 - Pe rmitting Concurrent"
'Task 1 and Task 7 shall be conducted concurrently with Tasks 2 through 6.Task 4 shall be
conducted through construction,
2 Records Screening timeline ins dependent on, the completeness of Town records, Town
selected scope, and availability of service line it rmati in,
Please feel free to contact me if you have any questions or require additional information.
Sincerely,
Environmental Partners Group, LL
xi:: dL
Rbrtj. Rafferty, P.E.
Principal
P: 617.775.8728
E: rjr@envpartners.com
Lead Service Line Replacement Project Engineers Opinion of Probable Construction,Cost Environmental Partners
Lexington,MA
Item No. i Pescr ption, Un Q a,n 1 le Price 0 Ot Unit'' en0OArn'loUnt
1 MOBILIZATION AND DEMOBILIZATION $13Q $ 000
1, Mobilization,and Demobilization ALLOW 1 1 000-00 130, 00.
2 �WATER SERVICE PIPING j
2a 1-inch Copper Water Service Piping LF 19,200 1 $50.00 $960,000.00
2b 2-inch Copper Water Service Piping LF 1 4,8 00 _j 6 5.00 $3,12,000.00
3 CORPORATION STOPS
3,a 1-inch Corporation Stops EA. 240 $500.00 $120,000.00
3b 2-inch Corporation Stopis and Saddle EA. 60 $1,0W00 $60,000.00
4 CURB STOPS AND,BOXES,
4a 1-inch Curb Stops and Boxes Ek 240 $6SOM $156,0100-00
4b 2-inch Curb'Stops and Boxes EX 60 $850.00 $51,000.00
5 BALL VALVES AND CONNECTIONS TO,]VIETER
Sa 1-inch Ball Vatve EA. 240 .00 $60,000.00
Ski 2-inch Ball Valves EA. 60 $300.00 $18,000.00
Sc Miss.fittings and 10'of piping to reach meter EA. 300 $400,00 $120,000.100
..........
6 EARTHWORK
Ga Exploratory Excavation(Test Pits) CY 400 $75�00 $30,000,00
6b Rock Excavation CY 100 $50.00 $5,000.00'
6c Select Fill CY 200 $35.00 $70000,00
'7 TRENCH PAVEM'EN T
7a Asphalt Binder(Y) TON 550 $75.00 $41,250.00
7b Asphalt Top(2") TON 370 $85.00 $31, 50.00
7c Asphalt Drivewa Restoration(2") TO 1,100 $85-00 $93,500-00
y
8 'PR,IVATE PROPERTY EXCAVATION&RESTORATION
Ba Sta,ndard Excavation and Restoration Ek 300 $1,000.00 $300,000.00
8b Noin-Standard I(Additional forTrenching and Minor Restoration) LF 5000 $75.100 $375,000.00
8 d Non-Standard 11(Additional for Quote/Relocation) EA. 100 $250.00 $25,000.00
9 ENVIRONMENTAL PROTECTION
9a Silt Sack, EA. so $120-00 $6,000.00
9b Filter Sock LF $7.00 $3,500-00
10 TRAFFIC CONTROL
10 ,Uniformed Police Officer Allowance HR. 150!0 $65.00 $97,SOO.00,
Subtotal' $3,000,00000
Su btot a I rounded to nearest whole number Contingency(15%,) $450,000-00
2 Engineering Construction Services scope will be determined once Construction Services(11%)2 $330, 00.00
contract documents are prepared, Total $3 7 000.00
ENV NRGf
O"N MENTAL
�10/6/20,22 Y
rARTNERS
u III u u u u u
Lexington Cultural Pass
Name of Project:
Project Cost: 220 ) 000Department: L U H D_
Cost Basis:
There are around 2,200 students in Lexington High School. $100 voucher for each
student to be used within one year to access cultural assets and museums in
Lexington. The total cost will be around $220,000 for this project
Please describe the project:
This project will help both non-profit as well as cultural organizations to promote their
programs and help attract and retain youth to visit these centers. Some of the
organizations would be, LexArt, Munroe, Gallery Twist, Visitors Center tours, Historical
Houses, Cary Lecture Series, Bookstores, Comic stores, and many more. This concept
has been successful in Europe as it is bringing back residents and visitors to arts and
cultural organizations.
https://time.com/6236940/europe-germany-youth-culture-pass/
Please describe how this meets the Select Board's Nexus with COVID Pandemic:
Covid-19 has affected businesses as well as cultural assets in Lexington. Providing gift
vouchers will encourage the youth in Lexington to participate in local programs. This
will also help high school students with mental health and get more culturally
acquainted with the local assets.
Date Submitted to the Town Manager: 12/1 /2022
Submitted By: Sandhya Iyer
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Lexington Housing Assistance Board (LexHAB) to Purchase 9 Kimball Road
PRESENTER: ITEM
NUMBER:
Sarah Morrison, Executive Director of
LexHAB I.2
SUMMARY:
Category:Decision-Making
Chapter 521 of 1983, the (Lexhab Special Act)requires that the Select Board approve the acquisition of real
property, the wording of the Act is as follows:
"With the approval of the board of selectmen, 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 therein, and any assets or revenues of said
board, as may be necessary or appropriate to carry out its purposes."
The Act also requires that Town Counsel reviews all documents as to form as follows:
With the approval of the board of selectmen, to make and execute all contracts and all other instruments
necessary or convenient for the exercise of its power and functions, subject to approval of the town counsel of
the town of Lexington as to form."
Therefore, Town Counsel is required to approve the documents as to form and the Select Board has the
authority to approve the acquisition. We received the documents late in the week and have asked Town
Counsel to review and let us know by the 12/5/22 meeting whether he approved to the form of the documents.
The following motion is subject to that approval from Town Counsel(which we will inform the Board as soon
as it is received).
SUGGESTED MOTION:
Move to approve LexHAB's acquisition of real property located at 9 Kimball Road, subject to any comments
from Town Counsel on the closing documents being satisfaetorily addressed.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 7:10pm
ATTACHMENTS:
Description Type
D Purcfiase and&aleAgreerrierft 9 Kirriball R(..)ad 1.1ackul,,)VI[aterial
.11 F) fix.)rnissory N(..)te 9 Kirylimll Road Rackup Material
from the Office of:
Patricia S.Nelson
19 Muzzey Street', Suite 207'
Lexington,MA 02421
781-863-8688,
PURCHASE AND SALE AGREEMEN '
This day of November,2022
1 PARTIES AND MAILING ADDRESSES,
Ethan R. Elliott, with a mailing address of 249 Prospect Ave., Monrovia,Ca. 91016-2277
hereinafter called the SELLER or SELLERS,agrees to SELL and
the, Lexington Housing Assistance Board, Inc. an independently chartered non-profit
housing corporation,with an address of 1620 Massachusetts Avenue,Lexington MA 02421,
hereinafter called the BUYER,BUYERS or LEXFIAB,agrees to BUY,
upon the terms hereinafter set forth,the following described premises:
2. DESCRIPTION
The land,known and numbered as 9 Kimball Road,Lexington MA 02421
as more fully described in a deed filed with the Middlesex South District Registry of Deeds
41
in Book 80609 Page 3160
3. BUILDINGS,STRUCTURES,IMPROVEMENTS,FIXTURES-
Included in the sale as a part of said premises are thebuildings,structures,,and improvements
now thereon,and the fixtures used in connection therewith including, if any,all wail-to-wall
carpeting,drapery rods,automatic garage door openers, Venetian and wood blinds,window
shades,screens,screen doors,storm windows and doors,awnings,shutters,furnaces,heaters,
heating equipment, stoves, ranges,oil and gas burners and fixtures appurtenant thereto, hot
water heaters,plumbing and bathroom fixtures,garbage disposers,electric and other lighting
fixtures,mantels,outside television antennas,fences,gates,trees,,shrubs,plants,ventilators,
dishwasher,disposal,kitchen refrigerator. Any appliances or personal property 'Included
In the sale are 'Included without additional consideration, AS IS, without warranties
e't'her now,or at the,time of performance.,
I
4. PLANS
If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver,
such plan with the deed in to adequate for recording or registratkqn.
Initial here
5. REGISTERED TITLE
In addi"'fion to the foregoing, if the title to said .rev is registered, said deed, shall be in
110 A
foriii, sufficient to entitle the BUYER to a Cerfluicate of Title of said premises, and the
SELLER shall deliver with said deed all instruments, 'if any,necessary to enable the UUY,�R
to obtain such Certificate of Title.
6. TITLE DEED
Said premises are to be conveyed by a good and sufficient quitclaim deed runn,ing to the
BUYER,or to the nominee or assignee designated by the BUYER by written notice to the
SELLER at least seven(7) days before the deed is to be delivered as herein provided, and
s 'd deed shall convey a, good and clear record and mark,etable title tI c ,ai i reto fr cc from
encumbrances,except
(a) Provision of existing building and zoning laws-,
(b) Such taxes for the then,. current year as are not due and payable on the date of the
delivery of such deed;
(c) Any Harts for municipal betternients assessed after the date of recording of the deed-,
(d) Easements,restrictions and reservations of record, I*f any,so,long as the same do not,
Pro bit or materially interfere with the current use of the Premises as a residence.
7. PURCHASE PRICE
The agreed purchase price for said premises is Seven Hundred Fifteen Thousand and
00/100 (S 715, .00)Dollars
S 35,750.00 is to be paid as a deposit upon execution of Purchase&
Sale
r
S 400,000,00 to be paid as provided In a Note and Mortgage in form
IN
attacned hereto as Riders A and B which documents shall be
executed and delivered at closinar
S 2,793250.00 is to be paid at the time of delivery and recording of the deed
by certiffied,cashier's,treasurer's or bank check or wire transfer.
$ 715$00�OoOO Total Purchase'Price
8. TIME FOR PERFORMANCE; DELIVERY OF DEED
Such deed is to be delivered at 10am on the day December, 2022 at die Office of
Pat'n'ciia S.Nelson, 19 Muzzey Street,Suite 207,Lexington MA 02421. It is agreed that
fime ,is of the essence ofthis agreement.
9. POSSESSION ANC CONDITION OF PREMISES
Full possession of said premises free of all tenants and occup I.0, tqys to be delivered at Ole
Initial here
5. RE GISTERED TITLE
In addition to the foregoing, n the title to said premises 'is registered,, said deed, shall be in
orm suffic en,t to entitle the BUYER to a Certificate of Title of said premises, a the
SELLER shall deliver with,said deed all instrunients,if any,necessary to enable the BUYER
to obtain such Certificate of Title.
6. TITLE DEED
Said premises are to 'be conveyed by a good and sufficient quitclaim deed, running to the
BUYE R, or to the nominee or assignee designated by the RUYE R by written notice to the
SELLER at least seven (7) days before the,deed is, to, be delivered as herein provided, and,
said deed shall, convey a good and clear record, and marketable title thereto, free from
encumbrances,except
(a) Provision of existing building and zoning laws;
(b) Such taxes `or the then current year as are not due and, payable on the date of the
delivery of such deed,,
(6) Any liens for municipal betterments assessed after the date of recording of the deed-,
(d) Easements,restrictions and reservations of record, 'if any,so long as the same do not
prohibit or materially M* terfere with the current use of the Premises as a residence.
7. PURCHASE PRICE
The agreed purchase price for said premises is Seven Hundred, Fifteen Thousand, and
00/100(S 715,000.00)Doflars
$ 359750*00 is to be paid as a,deposit upon execution of Purchase&
Sale
S 4001,000000 to be paid as provided in a Not and Mortgage in form
attached hereto as Riders A and B which documents, shall be
executed and delivered at closing
S 2793250,00 is to be paid at the time of delivery and recording oft a deed
by certified, rill ergs,treasurer's or bank check or w,ire transfer.
$ 7159000.,00 Total Purchase Price
8. TIME FOR PERFORMANCE,* DELIVERY OF DEED
Such deed is to be, delivered at 10am on the day December, 2022 at the Office of
Patn*ci*a S.Nelson,19 Muzzey Street,Suite 2,07,Lexington MA 0242L It 'is agreed,that
time is of the essence of this agreement.
9. POSSESSION AND CONDITION OF PREMISES
'0�1 - ' the
Full, possession of said premises 'free of all, tenants and occur is to be delivered at
Initial here
time of the delivery, of the deed, said premises to be then (a) in the same condition as they
thereof excepted,and(,b)not in,violation of said build*now,are, reasonable use and wear 1, 1 ing
and zoning laws, and (c) fil compliance with the provision,old any instrument referred to In
clause 6 hereof The BUYER shall be, entitled,personally to linspect said premises prior to
the delivery of the deed. Seller agrees to remove all personal property In Premises pr,ior to
closing.
10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
If the SELLER shall be unable to give title or to make conveyance, or to deliver possession
of the premises, all as herein stipulated, or if at the time of the delivery of the deed the
premises do not conf6rm.With the provisions hereof,the SELLER shall use reasonable efforts
to remove any defects in title,or to deliver possession as proviaedherein,or to make the said
prenuses conform,to the provisions hereof, as the case may be, in which event the time for
performance hereof shall be extended for a period of not more than tlidrty(30) calendar days
or the time M which the Premises and/or Title conforms—whichever is sooner. Seller shall
notify Buyer in writing once Seller has aff-ected such cure and the Parties shall close on a
mutually acceptable day within a reasonable tune thereafter. SELLER shall not be requirec.ti
to expend in excess of$3,000.00 to effect such cure, exclusive of taxes and mortgages and
voluntarily incurred encumbrances,unless SELLER elects to spend such additional amounts,,
11. FAILURE TO PERFECTTITLE OR MAKE PREMISES CONFORM, etc.
If at the expiration of the extended time the SELLER shall have failed so to remove airy
defects in title,deliver possession,or make the premi*ses conform,as the case may be, all as
herein agreed,or i*-r at any time during the period of this agreement or any extension thereot
the holder of a,mortgage on said premises shall refuse to permit,the insurance proceeds, 'if
any,to be used for such purposes,at the Buyer's option then any payments made under this
agreement shall be forthwith refunded and all other obligations of the parties, hereto shall
cease and this agreement shall be void Without recourse to flie,parties hereto.
12. BUYER'S ELECTION TO ACCEPT TITLE
The BUYER shal,l,have the election,but not the obligation, at either the original or any
extended time fior performance,to accept such title as the SELLER can deliver to the said
premises in their then condition and to pay therefore the purchase price without deduction,,
in which case the SELLER,shall convey such title.
13. ACCEPTANCE OF DEED
The acceptance and recording of a deed by the BUYER or BUS"ER's nominee as the case
may be, shall be deemed to be a full performance and discharge of every agreement and
obligation herein contained or expressed, exce t such as are, by the terms hereof, to be
p
performed after the delivery of said deed.
'01 IL001
Initial her
00001*
14. USE OF PURCHASE MONEY TO CLEAR TITLE
To enable the SELLER to make conveyance as hercin provided, he SELLER may,,, at the
time of del i'very of the deed,use the purchase money or any portion thereof to clear the title
of any or all encumbrances or interests,provided is all i nstrunicills,so procured,are recorded
simultaneously, with the delivery of said deed or, 'in the, case of institutional, mortgages,
,,arrangements fo�r subsequent recording are made in accordance with customary
conveyancing p1ractice.,'
15. INS"URANCE
Until the delivery and recording of the deed, the SELLER sha,11 maintain insurance on said
premise as follows:
Type qfInsurance A111011171qf Coverage
a "ir 11 I-It
( ), t,4 e ana txtended Coverage $as presently insured
All risk,of loss shall remain with the Seller until the delivery and recording of the deed.
16. ADJUSTMENTS,
Final water and sewer charges shall be paid by SELLER and taxes for the then current fiscal
year sha,11 be apportioned and fael value sballbe adjusted as of the day of performance of
this agreement, and the net arnoun t thereof shall be added to or deducted from, as the case
may be,the purchasepnce payable by the BUYER at the time of delivery of the deed.
17. ADJUSTMENT OF'UNASSESSED AND ABATED TAXES
If the amount of said taxes is not known,at the time of the delivery of the deed,they shall be,
apportioned on the basis of the, taxes, assessed for the preceding fiscal year,, with a
reapportionment as soon, as the new tax, rate and valuation can be ascertained- and, i f the
taxes which, are to be apportioned,shall, thereafter be reduced by abatement, the amount of
such abatement,less the reasonable cost of obtaining the same,shall be apporfioned between
the parties,provided that neither party shall be oblilgated to]institute or prosecute proceedings
for an,abatement unless herei otherwise agreed. This provision shall survive ti-le closing.
18., DELETED
'19. DELETED
20. DEPOSIT
All deposits made hereunder shall be held in escrow in anon-interest bearing account by,
David Allan Fitch as escrow,agent subject,to the erns of this agreement and shall be duly
accounted for art the time iffir performance offli*ls agreement, In the event of any disagreement
between the parties, the escrow agent shall retain all deposits ads under this agreement
Initial here
0
pending instructions mutually given by the SELLER mid the BUYER or final court order
by a court of competent Jun'sdiction.
2 L BUYER'S DEFAULT*I DAMAGES
If the BUYER shall fail to f-ulfill the BUYER!S agreements herein, and Seller hasfulfilled.
wit i ,
Seller's agreements herein and is able to perform 'in,accordance wi the terms here i n then
all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated
damages, and this shall be SELLER!S pole legal or equitable remedy for any breach of this
Agreement by BUYER. The SELLER and the BUYER hereby agree that the deposit made
under this, Agreement is a reasonable estimate of the loss the, SELLER would "Incur 'if the
BUYER were to breach this Agreement, 'including, without limitation, any losses which
could result from the SELLER's inability to resell the premises for the swine or different
agreed price due to any number of any presently undeterminable factors, whether or not
any such,losses are actually incurred,by the SELLER.
22. DELETED
23. LIABILITY OF TRUSTEE,SHAREHOLDE�,BENEFICIARY,etc,.
If the SELLER or BUYER executes this agreement in a representati ve orfiduciary capacity,
only the principal or the estate represented shall be 'bound, and nei"ther the SELLER, or
BUYER so anexecutin g, nor any shareholder or beneficiary of any trust, shall "be personally
Is
liable for y obli I gat-ion, express or implied,hereunder.
24. WARRANTIE S AND REPRESENTATIONS
'The BUYER acknowledges that the BUYER has not been 'Influenced to enter into this
transaction 'nor has he relied upon any wa:rranfies or representations not set forth or
incorporated in this agreement except for the following additional warranties and
representations, I*f any, made by either the SELLER or the Broker(s).- NONE, express or
implied.
25. SELLER FINANCING
SELLER agrees to fi,nance $400,000.,001 of the purchase price as reflected in, the Note and
Mortgage,attached as Riders A and,B,to be executed and delivered at the time of closing,.
26. CONSTRUCTION'Off"AGREEMENT; WAIVER; SEVERABILITY
This instrument, executed in multiple counterparts, *is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
parties, is binding upon and inures to the benef-it of the parties hereto and their respective
heirs, devisees, exectitors,, administrators, successors and, assigns, and 'may be cancelled,
modified or amended only by a written instrument executed by both the SELLER and the
IN
BUYER. This agreement supersedes any other prior agreerne of the parties concerning
Initial here
the transaction contemplated, hereby with any such prior agreements becoming null and
void upon the executioii of this agreement., If two or more. persons are named herein as
BUYER their obligations hereunder shall be joint and several. The captions and marginal
notes are used only as, a, matter of convenience and are not to be considered a part of this
agreement or be used in dctcrniining the intent of the parties to it. Failure of either party to
exercise any right given hereunder or to insist upon strict compliance with regard to any term,
condition or covenant specified herein, shall not constitute a waiver of the right to exercise
such right or to demand strict compliance with any term, condition or covenant under this
Agreement. This agreement shall not be construed against the drafter. If a section ofthis
agreement is, deemed to be invalid, its, invalidity shall not impinge on the validity of the
remaining sections of this Agreement and they shall remain in full Borce and effect.
27. LEAD PAINT LAW
The parties acknowledge that, under Massachusetts,law,, whenever a child or children under
six years of age resides in any residential, premises in which any paint, plaster or other
accessible material contains dangerous levels of lead, the owner of said, premises must
remove or cover said,paint,plaster or other materials so as to make it inac cessible to children
under six years of age.,
28. SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS
The SELLER shall, at the time of the delivery of the deed, deliver an, 'unexpired and
unconditional certificate fronithe fire department of the city or to in which said premises
are located stating that said premises have been equipped with approved smoke detectors and
carbon monoxide detectors,in conformity with applicable law.
29. ACCESS
The BUYER, ,die ir agents and engineers shall have reasonable access to the prcmises for
al praisals, taking measurements, and surveying the property, such, access to be by prior
p
appointment at SELLER's reasonable conveiu'cnce on, no more than three (3) occasions,
exclusive of the final walk-through.The parties hereby agree that such access shall be at the
risk of the BUYER.
30. TITLE STANDARDS
Any title matter or practice arising under or relating to this Agreement which is the subject
of a title standard or practice standard of the Massachusetts Real Estate Bar Association
shall.be governed by said title standard or practice standard to the extent applicable and to
the extent such title standard or practice standard does not contradict any expressed term
or,condition of this Agreement. It is agreed that in the event of title mattcrfor which a
title insurance company is willing to issue a so-called "clean" policy or provide
"affirmative coverage"over a known defect or problem,BUYER may elect to accept same
but shall not be,requ,ired to do so,and shall have the right,at their sole option,to deem, title
to the Premises unacceptable or unmarketable;,
Initial here
3 1,. CLOSING CONDITIONS
It is understood and agreed by the parfies hereto that the premises shall, not be in
conformity wl*th,the title provisions of this agreement unless.,
0
(a) All, buildings, structures and improvements including but not 11"mi4ed, to any
dri'veways., garages, and, all means of access to the premi-ses, sliall be located, completely
C�
w idii n,the boundary lines of the premises and.shall not encroach upon or under the property
1 1
or easement of any other person or entity;
(b) No building, structure or'improvement or any kind belonging to any other person or
entity shall encroach upon or under the prernises;
(c) The premises shall abut a public way,duly laid out or accepted as such by the cit)r or
town 'in which the premises are located', or by private way with recorded rights of access to
s 'aid public may;and
(d) Title to the premises is insurable for the benefit of the BUYER by a national title
insurance company at normal premium rates in the Anien'can Land Title Association form
currently in use, subject only to those preprinted excepfions/exclusions to title nornially
included in the printed form for standard poli'cl'es and to the exceptions set forth in.Paragrap
6 of this agreement.
32. NOTICES
All notices required under this Agreement shall be deemed to have been given if in writing
and delivered by hand, by confirmed facsimile or email, by certified mail, by receipt
requested, or by Federal Express or other cornmercl"al overnight courier.
In the case of BUYER,to BUYER's Attorney.-
David Allan Fitch
33 Bedford Street, Suite 2
Lexington, NIA 02420
Tel. 781-861-1000
Fax.
Email.-dallanfitc@aol.com>
In the case of SELLER to SE,LLER's Attorney'.
Patricia S. Nelson,
1,9 Muzzey Street, Stilfte 207
Lexington, MA, 02421
Phone.- (781) 863-8688
Fax-, ('781) 863-2201
Emafl-
i - psnelsonCaniasslaw.us
I n i t i al hers
33. DELETED
34. CLOSING DOCUMENTS
At closing, SELLER shall,execute and deliver simultaneously with the delivery of the dced
such certifications as may customarily be required by Buyer's closing attorney,including but
not 1111-ated,to documents,relating to(a)payment of municipal liens;(b)absence of UFFIand,
SELLERS satisfaction of requirements 'imposed, upon residential sellers by statute and
ew
applicable regulations (c) the underlying unand al, terms of purchase and sale-, (d) Sellers
taxpayer identcation number-, and(e) any documents reasonably and,customarily requl*red
by Buyer's Mortgagee,title 'insurer or its counsel:.
35. AUTHORIZATION TO SIGH EXTENSIONS AND NOTICES
In order to facilitate the execution and delivery of certain documents contemplated
hereby,the parties grant to their respective attorneys the actual authority to execute and
10,1% 0
deliver on each party's behalf any (a) agreement mooirymg the time for the performance
of any event hereunder,or(b) any notice that may be given under this agreement, and the
parties may rely upon the signature of such attorneys(including faxed/pdf signatures)
unless they have actual knowledge that a party has disclaimed the authority granted
herein.
36. CONDITION OF PREMISES
By execution of this Agreement,the BUYER acknowledges that BUYER has had the
opportunity to 'Inspect the Premises and accepts the condition of the p i
roperty in"as s1)
condition as of the date of BUYER'S inspection of the Premises.
37. LEAD PAINT
BUYER acknowledges receipt and execution of the Massachusetts Department of Public
Health's Property Transfer Notifflication Certification for residential property constructed
prior to 1978,stating:
1. The Massachusetts Department of public Health's,notifi cation was provided to
prospective purchaser. The prospective purchaser has read the notiffication or has had, it
read to him/her,
2. BUYER acknowledges that BUYER is aware of BUYERS night,at BUYEI;VS
expense,to have the,subject prom isesinspected to determine the presence or absence of
lead based materials,and of BUYE i Ws right to to this agreement by so notifying,
r" .4,
SELLER in writing within ten days,of notification.
BUYER also acknowledges receipt of all notices required under,federal law regarding lead
paint.,
Initial here
38. PRIOR AGREEMENTS
10
ThisAgreenient supersedes all prior agreements i;)etween tine pwies.
39. ASSIGNMENT PROHIBITED
Except with,the prior approval of SELLER,(which may be granted or withheld by
SELLER 'in SELLER's sole and absolute discretion), in each instance, BUYER shall not
assign its rights and,obligations under this Agreement to any person or entity nor shall
BUYER,record tins Agreement at the Registry of Deeds or Land Court in the county
where the Premises are situated. Any purported assignment or recoraing shall be null and
void., If BUYER purports to assign or record,this Agreement,then at SELLER!s option,
this Agreement shall terminate mid all deposits made hereunder shall be retained by
SELLER as I iqui'dated damages.
40. HOLIDAYS
In the event that any deadline or date for perforniance or providing notice contained
heroin(including,without limitation', any contingencies or extensions of the time for
performance 'under this Agreement),falls on,a Saturday, Sunday, or,legal holiday, as the
case may be, such deadline or other date shall be automatically extended to the,
immediately following business day.
41. 'MAINTENANCE OF PREMISES
Between the date of the signing of this,Agreement and the Closing, SELLER shall
maintain and/or service the,Premises and its appurtenances at the same level of effort and
expense as the SELLER has maintained and/'or serviced the Premises,for the SELL ER's
own,account prior to the date of ffiis Agreement.
42. ASSIGNMENT OF WARRANTIES ON APPLIANCES/KEYS
To the extent legally possible, SELLER agrees to assign to BUYER the benefit of any
warranties on appliances located on the premises that the SELLER may currently have in
their possession and at no additional cost,to the SELLER. SELLER at the closing, shall
deliver to the BUYER all documentation In SELLER's possession which relates to said
warranties, as well as any, guides,may or instruction, booklets relating to same, keys,
and garage door openers, all to the extent said documents, keys or openers are 'in the
SELLER's,
,,Possession,
43. NON-FOREIGNAF,FIDAVIT
SELLER represents that SELLER is not a foreign person defin by the IRS Code
Initial here
section 1445 and at the closing Seller agrees to sign and deliver a Non-Forel'i gn A ffidavit,
representing t1iat SEI..LER is not a foreign person ins n,co'I'll ith the applicable
Pliai,ice wi
provi,sions of the1RS Code.
44. ATTORNEYS AUTHORITY TO SIGN EXTENSIONS AND NOTICES
The parties hereby acknowledge that,they,have been afforded the opportunity to hire
independent legal counsel. In order to facilitate the execution ot documents extending the
1%
tine to any performance of any event that,may occur under thls Agreement,, each of the
unders'igned hereby authorizes his or her respective aftomeyto assent to and execute on
hi's or her behalf any (a)agreements extending the time for performance of any event
hereunder or fib)any notice that,maybe given under,this Agreement. Additionally,the
Parties hereby agree,facsimile or electronic signatures shall be satisfactory to, give e5cct
to this document and,any document associated with this transaction.
45. DELETED
46. RECORDING OF DEED
The Parties agree and understand that in the event the Closing, is held at a place other than
the appropriate County Registry of Deeds where the Premises is, located, the SELLER'S
proceeds will be held in escrow by SELLER'S attorney or broker until such time as the
Deed and other closing documents to be recorded are in fact placed on record at said,
Registry of Deeds.BUYER agrees to use reasonable efforts to record said Deed in,a prompt
and swift manner.
47'. SETTLEMENT STATEMENTS
All parties agree that an A A Settlement Statement and/or Closing Disclosure shall be
p Wed.and signets at Closing..rovi
48, SELECT BOARD APPROVAL
The Parties acknowledge that,per the requirements of its Charter,any purchase or mortgage of'property,by
LexH'AB requires approval of the Select,Board of the Town of Lexington. In the event such approval has
not been obtained by November 30, 2022, LexHAB shall have the rig1it to tenntnate this agreement by
written notice to, SELLER and all deposits shall be returned to LexHAB and this,agreement shall, be of no
ffirther force and effect.,
Initial here,
Wr 0
11,11ess Our litan at scaly below
4
BU Y"I"i R
1"I.I.exington I lowsing As.sistance 'Boardl., I'ne.
0,10000 'A
B'y
SELIl E*'R,
j/
Initial here r-ol
itLA-i
,ml
Lester Savage
From: DAVID ALLAN FITCH <dallanfitc@aol.com>
Sent: Monday, November 28, 2022 615 PM
To: Lester Savage; psnelson@masslaw.us
Cc: ethan.robert.elliott@gmai[.com; mary@elliott2.com
Subject: Re: Draft Note and Mortgage
Attachments: PS_both-signed.pdf
Dear Lester,
Please consider this Email an agreement to amend the date in section 48 of the attached signed
agreement to 12-6--2022, as proposed.
David Allan Fitch
Law Offices
33 Bedford Street, Suite 2
Lexington, MA 02420
Tel. 781-861-1000
Please note suite address change as of 10-1-2022
-----Original Message---
From: Lester Savage<lester.savage a@commonmoves.com>
To: DAVID ALLAN FITCH <dallanfitc a@7aol.com>; psnelson@masslaw.us <psnelson@a masslaw.us>
Cc: ethan.robert.ellioft@gmail.com <ethan.robert.elliott a@gmail.com>; mary@elliott2.com <mary a@elliott2.com>
Sent: Fri, Nov 25,2022 7:58 am
Subject: RE: Draft Note and Mortgage
Good Morning,
hope that everyone had a great Thanksgiving.
We've missed the Select Board deadline for their meeting on the 28t". We are on their agenda for the 5th.
If everyone is agreeable, Clause 48 should have the date crossed out, changed to 12-6 and initialed. The approval should
not be an issue it's just a matter of timing.
Thanks,
les
From: DAVID ALLAN FITCH <dallanfitc a@aol.com>
Sent: Friday, November 18, 2022 4:33 PM
To: psnelson a@masslaw.us; Lester Savage <fester.savage a@commonmoves.com>
Cc: ethan.robert.elliott@a gmail.com; mary@elliott2.com
Subject: Draft Note and Mortgage
Dear Pat and Lester,
Here, subject to review by my client, are draft of note and mortgage to be included as part of
P&S. Note is for 2 years but can be prepaid after 9 moths without penalty, or sooner if total of 9
months interest have been paid.
MORTGAGE
Lexington Housing Assistance Board, Inc. , an independently
chartered non-profit housing corporation, with a mailing
address of 1620 Massachusetts Avenue, Lexington MA 02421
(hereinafter "Mortgagor")
grants to
a
Ethan R. Elliott ("Lender") , whose mailing address is 249
Prospect Ave. Monrovia CA 91016-2277
o WITH MORTGAGE COVENANTS to secure the payment of amounts
� p ym
due under a certain note of Mortgagor to the Mortgagee of
even date, up to a maximum principal amount of FOUR HUNDRED
a�
THOUSAND AND 00/100 DOLLARS ($4 00, 000 . 00) , plus interest
a and other charges, all as provided in said Note, with the
full debt due and payable on or before
0
(the "maturity date") ,
C4
� The land with the buildings thereon commonly known and
numbered as 9 Kimball Road, Lexington, MA 02421, as more
particulary decsribed in Exhibit attached.
This mortgage is upon the STATUTORY CONDITION (M.G.L. ch.
183 Section 20) , for any breach of which the mortgagee
shall have the statutory power of sale.
For title see Ethan R. Elliott to be recorded with
Middlesex South Registry of Deeds herewith.
IN WITNESS WHEREOF, I have hereunto caused these presents
to be signed on behalf of Lexington Housing Assistance
Board, Inc. , by its President on , 2022 .
Lexington Housing Assistance
Board, Inc. , by:
, President
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS. 2022
On the date indicated above, before me, the undersigned
notary public, personally appeared the above--named
, President of Lexington Housing
Assistance Board, Inc. , proved to me through satisfactory
evidence of identification, which was a Massachusetts
Driver' s License, 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 on
behalf of said Corporation.
(SEAL)
NOTARY PUBLIC
MY COMMISSION EXPIRES:
EXHIBIT
PROPERTY DESCRIPTION
A certain parcel of land in said Lexington with the
buildings thereon, being shown as lot #28, Kimball Road, on a
plan entitled "Land of Ernest E. MacPhee at Lexington", by F. P.
Cutter, C.E. , dated July, 1929, and recorded with Middlesex
South Registry of Deeds at Book 6042, Page 458. , being more
particularly bounded and described as follows:
SOUTHEASTERLY by Kimball Road, seventy--five (7 5) feet;
SOUTHWESTERLY by land of owners unknown as shown on said
plan, one hundred seventy-five (175) feet;
NORTHWESTERLY by land now or formerly of Woolrath, as shown on
said plan, seventy-five (75) feet.; and
NORTHEASTERLY by lot 27 as shown on said plan, one hundred
twenty-five (12 5) feet.
Said parcel contains 9375 square feet of land, according to
said measurements more or less, or however otherwise
bounded or described.
The property address is 9 Kimball Road, Lexington,
Massachusetts, 02421.
This conveyance is made subject to all restrictions,
easements or encumbrances, insofar as now in force and
applicable, if any there be.
For mortgagor's title see deed of Ethan R. Elliott to
Lexington Housing Assistance Board, Inc. , to be recorded
herewith.
PROMISSORY NOTE
$400, 000 . 00 December , 2022
Lexington, Massachusetts
The Lexington Housing Assistance Board, Inc. , an
independently chartered non-profit housing corporation, with
a mailing address of 1620 Massachusetts Avenue, Lexington MA
02421 (hereinafter LEXHAB or "Borrower") ,
hereby promises to pay upon demand to the order of
0
Ethan R. Elliott ("Lender") , whose mailing address is 249
Prospect Ave. , Monrovia, CA 91016-2277
0
a sum equal to all loans made by Lender hereunder, together
r_4
with any accrued but unpaid interest, fees or other charges,
v on the maturity date.
a
Loan amount; interest rate; monthly payments of interest
0 only; single balloon payment. Lender has made today a loan
C4 to Borrower in the amount of FOUR HUNDRED THOUSAND AND
H 00/100 DOLLARS ($400, 000 . 00) . Interest shall accrue at an
annual rate of six percent (6. 0 Q) on the outstanding
principal balance until paid in full by Borrower.
Borrower shall make monthly payments of interest only
($2, 000 . 00 per month) on the day of each month,
beginning on , 2023, and continuing through the Maturity
Date of this note, which shall be [two years from date of
Note] , or through such earlier date as
Borrower pays in full all amounts due under this Note. Any
amount unpaid as of the day after the Maturity Date shall
accrue interest at an annual rate of twelve percent (1 . 0%)
on the outstanding principal balance and any other unpaid
amounts due, until paid in full by Borrower. Borrower shall
make monthly payments to Lender at the address above, or at
PROMISSORY NOTE Page 1 of 4
Lexington Housing Assistance Board, Inc. ,
to Ethan R. Elliott
a different place if required by the Note Holder.
Prepayment. Borrower shall have the right to prepay the
principal and any interest theretofore accrued under this
Note in whole at any time after nine (9) months of interest
have been paid to Lender, i.e. after the nine-month
anniversary date of this note, Borrower may prepay the
entire principal balance without paying any prepayment
charge, provided all interest or other charges accrued
through the date of principal payment has also been paid.
Borrower shall also have the right to prepay the principal
under this Note in whole at any time before the nine-month
anniversary date of this note, provided Borrower prepays the
entire principal balance then remaining together with such
additional amount of interest as will bring the total
interest paid hereunder to nine months' interest ($18, 000) ,
provided all interest or other charges accrued through the
date of principal payment has also been paid.
All payments hereunder shall be applied first to interest,
then to principal, then to late charges or other fees.
Secured interest . In order to secure the payment of the
principal and interest now or hereafter awed by the Borrower
to the Lender, the Borrower will grant to the Lender a
security interest in the Collateral, being certain real
estate owned by Borrower and ]mown as 9 Kimball Road,
Lexington MA 02421, to be secured by a first mortgage to
Lender. The collateral shall include all proceeds of the
sale or other disposition of such real estate .
Other costs and charges. Upon execution of this Nate,
Borrower shall pay the recording fees for the mortgage
securing this Note, upon satisfaction, Lender shall execute
a Discharge of said Mortgage and Borrower shall be
responsible for recording same and paying any related
recording fees. Borrower shall pay upon demand any and all
expenses, including reasonable attorney fees, incurred or
paid by Lender or Holder without suit or action in
attempting to collect funds due under this Note. In the
PROMISSORY NOTE Page 2 of 4
Lexington Housing Assistance Board, Inc. ,
to Ethan R. Elliott
event an action is instituted to enforce or interpret any of
the terms of this Note including but not limited to any
action or participation by Borrower in, or in connection
with, a case or proceeding under the Bankruptcy Code or any
successor statute, the prevailing party shall be entitled to
recover all expenses reasonably incurred at, before and
after trial, on appeal, and on review whether or not taxable
as costs, including, without limitation, attorney fees,
witness fees (expert and otherwise) , deposition costs,
copying charges and other expenses .
Notices. Any notices permitted or required under this
Agreement shall be deemed given upon the date of personal
delivery or 48 hours after deposit in the united States
mail, postage fully prepaid, return receipt requested,
addressed to Borrower or Lender at the addresses stated in
the first paragraph of this instrument.
Default. The occurrence of one or more of the following
events shall constitute an event of default:
a. Buyer' s failure to pay any principal and/or
interest of this loan when the same shall have become
due and payable.
b. Conveyance to any other Party of the Collateral
securing this Note.
C. The entry of a decree or order by a court
adjudging the Borrower a bankrupt or insolvent, or
approving as properly filed a petition seeking
reorganization, arrangement, adjustment or composition
of or in respect of the Borrower under the federal
Bankruptcy Act or any other applicable federal or state
law, or appointing a receiver, liquidator, assignee or
trustee of the Borrower, or any substantial part if its
property, or ordering the winding up or liquidation of
its affairs, and the continuance of any such decree or
order unstayed and in effect for a period of sixty (60)
consecutive days.
d. The institution by the Borrower of proceedings to
PROMISSORY NOTE Page 3 of 4
Lexington Housing Assistance Board, Inc. ,
to Ethan R. Elliott
be adjudicated a bankrupt or insolvent, or the consent
by it to the institution of bankruptcy or insolvency
proceedings against it, or the filing by it of a
petition or answer or consent seeking reorganization or
relief under the federal Bankruptcy Act or any other
applicable federal or state law, or the consent by it
to the filing of any such petition or to the
appointment of a receiver, liquidator, assignee or
trustee of the company, or of any substantial part of
its property, or the making by it of an assignment for
the benefit of creditors or the admission by it in
writing of its inability to pay its debts generally as
they become due, or the taking of corporate action by
the Borrower in furtherance of any such action.
Law Governing. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of
Massachusetts.
IN WITNESS WHEREOF, The Lexington Housing Assistance Board,
Inc. , has caused its to hereunto set his
hand and on , 2022.
hereunto duly authorized
Witnessed:
PROMISSORY NOTE Page 4 of 4
Lexington Housing Assistance Board, Inc. ,
to Ethan R. Elliott
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Spending of Opioid Settlement
PRESENTER: ITEM
NUMBER:
Joanne Belanger, Director of Public
Health I.3
SUMMARY:
Category:Informing
Joanne Belanger, D ire c to r of Public Health will be presenting a verbal up d ate on the planning efforts of the
Public Health Department and Board of Health on the use of the O p io id Settlement Funds.
The opioid settlement presentation from Article 9 of the Fall Special Town Meeting is attached. In addition to
the sums highlighted in the presentation, the Town has also received the Fall 2022 payment in the amount of
$148,851 (which will need to be appropriated at the Annual Town Meeting) in November.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 7:20pm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Potential Uses for Vacant Town-Owned Properties
PRESENTER: ITEM
NUMBER:
Board Discussion
I.4
SUMMARY:
Category:Brainstorming
As the Board is aware from the research into Town-owned parcels for potential sites for the Hosmer House,
the Town owns approximately 300+/-parcels of vacant land. The Town has recently been approached by a
private property owner as to whether the Town would be interested in leasing his land to install a solar field
and/or to purchase electricity from a solar company through a PPA. Sustainable Lexington is looking at the
Town's vacant parcels to determine if there is a potential of installing a solar field on Town-owned land (this
would be more beneficial to the Town than leasing or entering into a PPA).
At the same time, there are potential affordable housing, recreation and other projects that could be undertaken
on Town property.
This agenda item is for the Board to have an initial discussion on what approach the Board would want to take
to investigate the potential uses and how to develop recommendations for projects to bring forward. A possible
path includes:
1. Identify possible uses and appropriate stakeholders (staff/resident/committee, etc)
2. For each use, the stakeholders identify the property requirements that would be necessary to sustain the
use (size, access, etc)
3. Each parcel is catalogued with the properties attributes (topographical, zoning, size, etc)
4. Across list is presented for Board discussion which identifies which uses could exist on each property.
5. Board solicits feedback and makes recommendations
This evening's discussion is to determine if this item is of interest, if so, what path to pursue. A follow up
meeting will be scheduled.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 7:25pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Updating Stone Building Deed Naming the Select Board as the Decision-Making
Body
PRESENTER: ITEM
NUMBER:
Koren Stembridge, Director of Cary
Memorial Library I.5
SUMMARY:
Category:Decision-Making
The Cary Library Trustees are asking that the Town pursue an amendment to the deed restriction included in
the 1892 sale of the Ellen Stone Building to the Town which stipulates that it is to beheld and maintained under
the direction and management of the Trustees of the Cary Library. As the Town and the Library have grown
over the intervening 130 years, this arrangement no longer fits within the work of the Library, which operates
one of the busiest libraries in the network.
At their last board meeting, the Cary Library Trustees voted to request that the Town pursue an amendment to
the Stone Building deed, removing Cary Library Trustees from direction and management' of the building.
The building is currently maintained by the Town through the Department of Public Facilities. Its uses are
largely directed by the Select Board which, in 2020, charged a committee to evaluate possible uses for the
building. There is a pending request before the Community Preservation Committee to begin renovation of the
building, with plans to file an RFP for potential end-users.
Town Counsel as well as the Executive Director of the Library will be present for questions.
SUGGESTED MOTION:
Move to [approve/not approve] the request of the Cary Memorial Library Trustees to seek legal modification
of the deed of the Ellen Stone Building replacing the Select Board for the Library Trustees for purposes of the
clause requiring the building be held and maintained under the direction and management of the Trustees of
Cary Library.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 7:45pm
ATTACHMENTS:
Description Type
F) Stone Building�Deed, (Awer Merm)
D 202.2-05.18 Stone Buiiilding Decision Making Outline l3ackup Material
Ellen A. Stogie
to
Town f Lexington
Warranty Dee
seal showsthat h r
deed was r or ea on Mar 24 2 y 892 12,40 PM
From the office of
George A.
Know all men by these presents that I, Ellen A. Stone of Lexington in,Middlesex County and
Commonwealth of Massachusetts, single woman, formerly called Ellen A. Stone, Junior, in
consideration of the deep interest which my mother the late Ellen A. Stone had in the general
welfare of the Town of Lexington, and especially in its educational progress in which interest I
have shared and still possess and in furtherance of my mother's wishes as expressed by her to me
in her lifetime and as partially outlined in her last will and testament and in lieu of the devise
made by her in,the third article of said will, and in further consideration of the sum of Two
thousand(2000) dollars to me, paid by the inhabitants of the Town of Lexington aforesaid a
municipal corporation the receipt thereof is hereby acknowledged, do hereby give, grant,
bargain, sell and convey unto the said Inhabitants of the Town of Lexington, a certain parcel of
land, situated in that part of said Town, called East Lexington, with the Mansion House and other
buildings thereon, and bounded as follows, viz;--
Westerly by Main Street, one hundred and eleven and 30/100 (11130/100) feet; Northerly by a
passageway twenty-five (25) feet wide, one hundred and fifty-nine (159) feet; Easterly by other
land of mine, one hundred and five (105) feet, and Southerly by land of fflie Mrs. Ellen A.
Stone, one hundred and fifty-four(154) feet, together with aright of way in and over said
passageway, in common with me, my heirs and assigns, and others entitled thereto, for all the
ordinary purposes of private ways.
Said promise are shown on a copy of a part of a plan xxxxxxxxxxxx (probably a surveyor's name)
dated June 1, 1888 which copy is attached hereto.
Said premises are conveyed subject to any changes that have been made by the County
Conum'ssioners in the location of the Easterly line of said Main Street, since the date of said
plan.
To Have and To Hold, the a#'oregranted premises with all the privileges and appurtenances
thereto belonging unto the said Inhabitants of the Town of Lexington to their own use and
beh,oof Forever,but to be forever held and maintained under the direction and management of the
Trustees of the Cary Library, for the time being for the following purposes, viz;
First, For a branch depository for the circulation and exchange of books of the Cary Library.
Second, For a public reading room.
Third, For a public art museum.
Fourth, For a meeting place for such classes (not schools) in special departments of literature, art
and science as may be formed in East Lexington,
Fifth, For such public lectures as may be given under the auspices of, or authorized by said
Trustees.
Sixth, For a meeting place for the youth and children of East Lexington, for games and social
diversions under the supervision of said Trustees.
Seventh.,And for such other purposes as in the judgment of said Trustees shall not be
inconsistent with the realization of the main objects of the said Cary Library, said Trustees being
hereby authorized and empowered to determine at any future time whether any proposed use is
in conformity with such objects.
And I do hereby for myself and my heirs, executors and administrators covenant with the said
Lexington, that I am lawfixlly seized in fee simple of the granted
Inhabitants fo the Town of , and tht I will and my
premises,that they are free from all incumberances except as
heirs, executors and administrators, shall warrant and defend the afo resaisame to the said Inhabitants of
the Town of Lexington, forever against the lawful claims and demands of all persons, except as
hereinafter set forth.
In witness whereof, I the said Ellen A. Stone hereunto set my hand and seal this nineteenth—day
of Feby in the year one thousand eight hundred and ninety two— " on first
The words "other" & "'Mine Signed, sealed and page being erased(?) and"Mrs. Ellen A.
Delivered in presence of Stone" being added before signing.
Ellen A. Stone (signature)
Agnes L. Dwight (this was signed) (this was a note added in a different hand)
Piston Ont. Can (Piston is a town in Ontario, Canada) Feby 19th 1892 Then personally
ID appeared the above named Ellen A. Stone
and acknowledged the foregoing inArument to be her
free act and deed, before me,
J. L. Ber??g?n (this was signed)
U.S. Consular Agent
ok
(over)
The next page is a sketch of the land which, can be seen in the scanned copy of the document.
Decision Making Outline
for the
Use of the Ellen Stone Building
Memo to the Cary Library Board of Trustees
Joe Pato, 10 May 2022
Use Restrictions
context from the Deed:
The Ellen Stone Building was sold to the Town of
Lexington in 1892 for a nominal fee of$2000 and a set of • First, For a branch depository for the
deed restrictions governing the use of the building.The circulation and exchange of books of
building most recently operated as the East Lexington the Cary Library.
Branch Library until 2007 when declining patronage and 0 Second, For a public reading room.
water damage from a pipe failure led to the closure of • Third, For a public art museum.
the branch library. • Fourth, For a meeting place for such
classes(not schools) in special
The Select Board has convened an ad-hoc committee to departments of literature, art and
investigate and prepare a feasibility study on possible re- science as may be formed in East
uses of the historic Stone Building. Some confusion has Lexington.
arisen as to the decision-making process for approving . Fifth, For such public lectures as may
and implementing a recommend use.This memo outlines be given under the auspices of, or
the primary roles and responsibilities for the decision authorized by said Trustees.
makers involved in the process. . Sixth, For a meeting place for the
youth and children of East Lexington,
Cary Library Board of Trustees for games and social diversions
The primary role of the Library Board of Trustees, under the supervision of said
regarding the Ellen Stone Building, is to determine that Trustees.
the use for the building is consistent with the terms of . Seventh,And for such other
the deed for the building. purposes as in the judgment of said
In accordance with the provision of the gift of Maria Cary Trustees shall not be inconsistent
establishing a public library in Lexington,the Board of with the realization of the main
Library Trustees consists of"the Selectmen, and the objects of the said Cary Library, said
School Committee of the Town for the time being and Trustees being hereby authorized
the settled ministers of the place." and empowered to determine at any
future time whether any proposed
use is in conformity with such
objects.
The Board of Library Trustees oversees the financial affairs, trust funds,fundraising activities and sets
policy p Y ..........................................................................::....................................................................................................................... .. .. .
the o is or the operation o the Library.. Further details can a found in the r Trust slaws.
The Library Trustees are also named in the deed for the Ellen Stone Building. The deed stipulates that
the property is to be held by the Town in perpetuity, and to be "held and maintained under the direction
and management of the Trustees of Cary Library." The deed also specifies the sorts of uses to which the
property may be put. Town Counsel advises that uses outlined in the restrictions may be combined and
that choosing a use from the seventh category should be accompanied by a discussion and rationale for
why the use is appropriate and consistent with the Library's mission.
Select Board and Town Manager
The Town Manager has jurisdiction'over the maintenance, repair, rental and use of all town property,
except schools and libraries. Insofar as the Ellen Stone Building is not used as a branch library,the Town
Manager and Select Board will determine how to lease the property and how to implement any program
approved by the Library Board of Trustees—including entering into an agreement with a third party to
deliver the approved program.
Town Meeting
Should funding be required for capital improvements or executing a program in the facility,Town
Meeting must appropriate the funds from the Town budget. As a historic building,funds from the
Community Preservation Fund may be available for preserving the building if that funding is
recommended by the Community Preservation Committee.
Should the Town seek to sell the property, it can only do so with the authorization of Town Meeting.
0 ther Parties
Other parties such as charitable organizations or government funding agencies may be sources of grants
to fund capital or operating expenses for programs to be operated in the Ellen Stone Building. In many
cases,these funds may be used without appropriation by Town Meeting.
Summary
The Library Board of Trustees is responsible for approving what is operating in the Ellen Stone Building.
The Town Manager and Select Board are responsible for maintaining the building and for operating or
contracting with third parties for an approved program in the building.Town Meeting is responsible for
appropriating funds or for ongoing programs and capital expenses or authorizing the sale of the
property.
1 Chapter 753 of the Acts of 1968 An Act Establishing The Selectmen-Town Manager Form of Government in the
Town of Lexington as Amended.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Parking Enforcement in Lexington Center
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.6
SUMMARY:
Category:Decision-Making
The Town has not been enforcing parking meters in the Center and at this time has expended funds to replace
the parking meter heads. Revenues from parking have been extremely low since we haven't been enforcing.
The Police Chief and I met recently on this and discussed re-establishing parking meter(and lot) enforcement
starting January 1, 2023.
The Center Committee will be reviewing this on 12/8/22 and we're working on having the Parking Management
Group review it as well so that the Board has a recommendation from both groups. We are seeking to have
this on the Select Board's agenda with a recommendation from both groups for the 12/19/22 Select Board
meeting.
SUGGESTED MOTION:
No vote required this meeting, this will come back before the Board on 12/19.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 8:00pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Sidewalk Rentals to Restaurants in Lexington Center
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.7
SUMMARY:
Category: Decision-Making
As the Board is aware, the Town charged businesses for the use of the sidewalks up until the pandemic started
and as a means to help the businesses, the Select Board requested that we temporarily stopped charging. As
there are maintenance costs associated with the Center area, we've taken a look at this again and will need to
provide notice to businesses for the 2023 season. When we were charging(through 2019)we charged between
$78 and $98 per seat(Bertucci's paid $3900 for 40 seats and Peets paid $465 for 6 seats)and it was indexed
roughly to inflation for each successive year.
These are the fees that were in place for past years and current staff does not have information on the original
basis for the fees. In checking with several communities around Lexington, very few charge fees. Two that
did were Arlington and Needham, but both were significantly lower than Lexington's fees (Arlington was a set
$50 and Needham charges $100 for sidewalk seating and $250 for each parking space if a restaurant used
parking spaces). We are working on getting information from Cambridge, Somerville and Waltham. This is
also going to considered by the Center Committee on 12/8/22 and a recommendation will be coming forward
from the Center Committee and this will be back before the Select Board on 12/19/22 for a vote.
SUGGESTED MOTION:
No vote required this meeting, this will come back before the Board on 12/19.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 8:05pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Formation of Ad Hoc Transportation Committee
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.8
SUMMARY:
Category:Decision-Making
At the last Select Board meeting, the Board and Town Manager discussed the cost/revenues of providing the
Lexpress bus service and the Transportation Department. The Town Manager recommended creation of an Ad
Hoc Committee to review the future of the Lexpress bus service in a timely manner for the FY25 budget
process (by December 2023). The Select Board indicated an interest in establishing such a Committee this
review and the Town Manager offered to draft a charge for this Ad Hoc Committee. Attached for discussion
purposes is that draft for the Board's consideration.
SUGGESTED MOTION:
If the Board comes to an agreement on either the attached or an amended version of the attached:
Move to approve the Ad Hoc Transportation Committee as attached (or"as amended" should the Board make
changes).
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/5/2022 8:1 Opm
ATTACHMENTS:
Description Type
F) Ad li..(.)c'".]..'rcii.ti.sportatioii.(.7ornilittee C."Illarge.DRA.F".], C.A.werMI[enno
AD HOC TRANSPORTATION COMMITTEE
Members: 7 Members to include: (1) member of the Transportation Advisory Committee;
(1) member of the Select Board; the Assistant Town Manager for Finance (or her
designee); (1) member of the Economic Development Advisory Committee; (1)
business representative; (1) member of the School Committee (or their
designee); and the Economic Development Director(or her designee).
Appointed by: Town Manager
Length of Term: One Year
Meeting Times: As determined by the Committee
Description: The Ad Hoc Transportation Committee will evaluate the Lexpress bus service to
review:
• Lexpress, MBTA and other shuttle bus routes and passenger volumes
• View the cost per passenger for Lexpress in relation to other local, regional
and national cost per passenger standards
• Review what needs are being met and whether there are needs that are not
being met (businesses, students, seniors, etc.)
• Review bus routes/times in which Lexpress buses are running routes with
no passengers
• Review fares and recommend a new fare structure
• Review contracted services vs. in-house service
• Provide a recommendation on whether the service should continue, if so,
the structure of Lexpress, what routes should be and what rate fares should
be set at in the future
Mission: To provide a recommendation on the future of the Lexpress bus service in time
to be incorporated into the FY25 budget. At least two public hearings to obtain
input and feedback on the recommendations. It is intended that this Ad Hoc
Committee will be disbanded in December 2023.
Prior to serving as a member of this Committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further,to continue to
serve on the Committee the member must acknowledge annually receipt of the Summary of the
Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town
Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest statute. Further,to continue to serve on the
Committee,the member must acknowledge every two years completion of the on-line training
requirement.