HomeMy WebLinkAbout2023-03-29 SB Packet - Released SELECT BOARD MEETING
Wednesday, March 29, 2023
Select Board Meeting Rooin, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid 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 encotuaged to notify the Select Board's Office at 781-698-
4580 if they wish to spealc during public comment to assist the Chair in managing meeting times.
SELECT SOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Announcement: The Massachusetts Cultural Council unanimously voted to create a
new state designated cultural district along three miles of Massachusetts Avenue in
Lexington.
2. Select Board Member Concerns and Liaison Reports
TOWN MANAGER REPORT
1. Town Manager Weekly Update
CONSENT AGENDA
1. Town Manager Committee Appoint�nents
• Historical Commission:
o David Kelland -Alternate Member
o Robert Rotberg- Full Member
2. Town Manager Corrunittee Reappointments
• Board ofAssessors:
o Cas Groblewski
o Greg Johnson
. Board of Health:
o Wendy Heiger-Bernays
o Susan Wolf-Fordham
• Conservation Commission- Kevin Beuttell
. Historical Commission:
o Susan Bennett- Full Member
o Dianne Pursley- Full Member
• Youth Coininission- Shannon DeGuglielmo
3. Select Board Committee Reappointment
• Registrars of Voters - Gordon Jones III
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2023 Annual Town Meeting- Select Board Ai-ticle Discussion and Positions 6:40pm
2. Approve Open Space and Recreation Plan 6:45pm
3. Review and Approve 2022 Town Manager Performance Evaluation 7:OOpm
4. Discuss Noise Complaints at 69 Pleasant Street 7:OSpm
ADJOURN
1. Anticipated Adjournment 7:lOpm
Meeting Packet:https://lexnlgton.novusagenda.com/agendapublic/
*MembeNs of the public can attend the meeting f�onz their computer or tablet by clicking on
the following link at the ti�ne of the meeting:
https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF laGSETmNsRDVoZz09
iPhone one-tap:
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Telephone:
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Meeting ID:924 8276 4382
Passcode: 380743
An Act Relative to Extending Certain State of Emergency
Accomodations:https://www.mass.gov/the-open-meetnig-law
The next scheduled meeting of the Select Board will be held on Monday, April 3, 2023 at 6:OOpm
via hybrid participation and prior to the start of Annual Town Meeting.
Hearing Assisfance Devicee Avai]able on Request �� � ���
flll agenda time and the o�tt'er of items are approximate and �,�(,
s�ebie�r to�h�,��e. Reeorded by LezMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Concerns and Liaison Reports
ITEM
PRESENTER: NUMBER:
Select Board Members
LR.1
SUMMARY:
Under this item, Select Board Members can provide verbal updates, as well as comment on any additionalpoints
and concerns.
Please see the attached Massachusetts Municipal Association 2023-2024 Legislative Package added to the packet
on behal�of Ms. Hai.
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023
ATTACHMENTS:
Description Type
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Fiscal Affai rs
An Act creating a Municipal and Public Safety Building
Authority
Rep. Blais - HD3675 � Sen. Comerford - S. 1489
Establishes a new independent state authority to assist municipalities with construction of
or improvements to public safety or municipal buildings and facilities.
An Act to allow cities and towns to increase the local tax
rate on meals
Rep. Kerans - H. 2858 � Sen. Eldridge - S. 1800
Allows municipalities to adopt an increase to their local meals tax. Currently, municipalities
can adopt a local tax of .75% and this bill would allow, by local option, municipalities to
adopt an additional .75% tax for a new total of 1.5%.
An Act relative to a local option excise on the sale of
alcoholic beverages for municipal substance abuse
prevention and public health programs
Sen. Creem - S. 1773
Allows cities and towns the option to adopt a sales tax of up to 2% on the retail sale of
alcoholic beverages to support local substance abuse and public health programs.
last updated: 03/16/23
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Energy & Environment
An Act providing for the establishment of sustainable water
resource funds
Rep. Philips - H. 2099 � Sen. Eldridge - S. 1293
Permits water banking, a local option financing tool that will enable cities and towns to
raise funds for sustainable long-term water infrastructure needs, while continuing to
accommodate short-term initiatives with municipal, state, and federal funding.
An Act relative to monthly minimum reliability contributions
Rep. Armini - H. 3135 � Sen. Gobi - S. 2130
Exempts municipal ratepayers, low-income ratepayers, community solar ratepayers, and
owners of small-scale solar projects from having to pay a monthly minimum reliability
contribution (MMRC).
An Act relative to paint recycling
Rep. Haddad - H. 823 � Sen. O'Connor - S. 551
Establishes manufacturer responsibility for end-of-life recycling of paint, which can be
safely and sustainably diverted from the waste stream.
An Act protecting wastewater and sewerage systems
through the labeling of non-flushable wipes
Rep. Garballey & Rep. Owens - H. 805 � Sen. Eldridge - S. 480
Requires manufacturers of disposable products such as diaper wipes, toilet wipes, household
cleaning wipes, personal care wipes and facial wipes to label wipes that do not meet
performance standards for flushing as "non-flushable".
last updated: 03/16/23
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Municipal/Regional Administration
An Act to modernize municipal meetings, town meetings,
and local elections
Sen. Oliveira - S. 2043 � Rep. Driscoll - H. 3025 � Sen. Gobi - S. 2011
Allows for a permanent option for remote/hybrid public meetings and participation. It would
also create a mechanism for municipalities with open and representative town meetings to
call for remote or hybrid meetings.
An Act relative to the effective enforcement of municipal
ordinances and by-laws
Rep. Donaghue - H. 2043 � Sen. Eldridge - S. 1295
Provides the local option to increase the cap for civil penalties under MA General Law Chapter
40, § 21D up to $500 per violation (from $300) and to collect associated reasonable fees and
costs.
An Act advancing equity for rural communities receiving
state g ra nts
Rep. Pignatelli - H. 3102 � Sen. Mark- S. 1977
Directs all state agencies that administer grant programs to give preference to rural
communities that intend to use those funds to regionalize or share services.
An Act relative to legal advertisements in on-line only
newspapers
Rep. Pignatelli - H. 1723 � Sen. Velis - S. 1137
Allows for online publication of legal notices to satisfy the currently costly and archaic
publishing requirements, so long as the newsite it is published on does not offer a print
edition.
last updated: 03/16/23
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An Act relative to Chapter 306 procurement parity
Rep. Vitolo - H. 3127 � Sen. Lewis - S. 2019
Increases the procurement cap for municipal purchases under Chapter 30B from $50,000 to
$100,000.
An Act relative to local opt-in for permanent outdoor dining
Sen. Tarr - S. 1325
Codifies the flexibility in outdoor dining ordinances first introduced through COVID recovery
legislation, allowing municipalities greater control over outdoor dining permits.
An Act expediting veterans benefits
Rep. Kilcoyne - H. 3513 � Sen. Cronin - S. 2314
Streamlines the state's system for financing benefits paid to veterans consistent with the same
direct payment practices adopted by other state agencies.
An Act relative to a municipality's right of first refusal of
agricultural and recreational land
Sen. Moore - S. 45
Extends the timeframe within which a municipality may be given the right of first refusal to
purchase agricultural, horticultural or recreational land that is intended to be sold or
converted from its use.
An Act returning liquor license control to municipalities
Rep. McKenna - H. 367
Strengthens municipal control over liquor licensing, including determining the number of
licenses allowed within its municipality.
An Act providing for alternative delivery of infrastructure
projects
Sen. Tarr - S. 2069
Improves the procurement/bidding process for public private partnerships.
last updated: 03/16/23
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Personnel & Labor Relations
An Act relative to the State Retiree Benefits Trust Fund
board of directors
Rep. Peisch - H. 2629
Adds two seats to the State Retiree Benefits Trust Fund (SRBTF) Board of Trustees to
represent municipalities and regional school districts.
An Act relative to municipal unemployment insurance reform
Sen. Creem - S. 1151
Addresses loophole in state unemployment insurance law by making certain school system
employees paid through municipal budgets ineligible to collect unemployment insurance
benefits when school is not in session by extending them a "reasonable assurance" of
employment.
An Act relative to the structure of the Commonwealth
Employment Relations Board
Rep. Scanlon - H. 1951 � Sen. Tarr - S. 1223
Modifies the membership of the Commonwealth Employment Relations Board (CERB) to
include management representative, a labor representative, and a neutral party.
An Act relative to civil service
Rep. Sabadosa - H. 2652 � Sen. Gobi - S. 1686
Authorizes a revocation of the Civil Service statute by local option, as long as necessary
documentation is provided to the Legislature.
last updated: 03/16/23
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Transportation & Public Works
An Act relative to municipal authority in public rights of way
Rep. Ciccolo - H. 3156 � Sen. Crighton - S. 2107
Increases authority in municipal rights of way and helps compliance by utility companies.
An Act to assist municipal and district ratepayers
Rep. Roy - H. 892 � Sen. Velis - S. 589
Requires that a regulatory impact statement be provided when rules and regulations
pertaining to water, wastewater, and/or stormwater are proposed by the Executive Office of
Energy and Environmental Affairs.
last updated: 03/16/23
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
T M.1
SUMMARY:
Attached please find the Town Manager's Weekly Update for:
• March 24,2023
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023
ATTACHMENTS:
Description Type
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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: March 24, 2023
RE: Weekly Update
The following is an update of activities for the weelc ending March 24, 2023:
Town Mana e� r U�dates:
• Town Meeting Updates:
o Article l0i—Lincoln Field—Attached please find the joint stateinent from the working group
comprising of the Recreation Committee, Board of Health, Sustainable Lexington and staff
from Recreation, Health, Sustainability& Resilience, Conservation and DPW.
o Article 16h— 173 Bedford Street Renovation Design—This article is to undertake the design
work only for HVAC, code compliance and accessibility for the second floor. It is not for
construction, nor for any specific use but for any future use so that the entire building is
potentially usable space.
o Article 40 Correction from 3-17-23—Last week the Weekly Update included concerns
regarding ANticle 40 in the scale that was used(that there was duplicative figuNes). However,
once the math is carried out the scale does actually woNk.
• The following is an update on various legislation the Town has in the legislature:
• H.668 An Act Authorizing the Town of Lexington to Allow Remote Participation at Town
Meetings—
2/16/2023 House:Referred to the committee on Election Laws
2/16/2023 Senate:Senate concurred
• H. 3286 An Act to Designate a Certain Bridge in the Town of Lexington in Honor of Henry N.
"Hank" Manz—
2/16/2023 House:Referred to the committee on Transportation
3/13/2023 Senate:Senate concurred
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
• H.2741 An Act Authorizing a Development Surcharge for Community Housing in the Town of
Lexington—(Carried Over Froin Previous Session)
2/16/2023 House:Referred to the committee on Revenue
2/16/2023 Senate:Senate concurred
• H.2740 An Act Authorizing a Development Surcharge On Specific Commercial Development
Activities for the Purpose of Funding the Creation of Community Housing— (Carried Over
From Previous Session)
2/16/2023 House:Referred to the committee on Revenue
2/16/2023 Senate:Senate concurred
• HD119An Act Reorganizing the Lexington Housing Assistance Board—Has been introduced,
does not have a bill number assigned.
• HD 2481 An Act Authorizing the Town of Lexington to Finance Expanded Transit Services—
Has been introduced, does not have a bill number assigned.
• As the Board is aware, the Select Board and School Committee need to jointly appoint a
Committee to update the Integrated Building Design and Construction Policy. The Permanent
Building Committee and Sustainable Lexington have been working cooperatively on this update
and Mike Cronin and Maggie Peard have indicated they are making great progress. I've asked
Julie Hackett to have the School Committee formally vote to appoint these two existing
Committees as the Committee to update the Integrated Building Design and Construction Policy
and will also have this on a Select Board agenda is tentatively scheduled for 4/3/23.
• The House and Senate passed a joint bill (see attached) that includes language to continue
remote/hybrid Town Meetings and regular Board/Committee meetings. The following sections are
the applicable sections of the bill (the bill is 49 pages):
Town Meeting
SECTION 47. The first paragraph of subsection (a) of section 26 of chapter 22 of the acts of 2022
is hereby ainended by inserting after the first sentence the following 2 sentences:- For the purposes
of this section, "remote participation" shall mean participation that is: (i) fully remote in which
only remote participation is authorized; or(ii) hybrid in which both in-person participation and
remote participation are authorized. Any request submitted by a town moderator for a remote town
meeting under this section shall state if the proposed remote participation will be fully remote or
hybrid.
Boa�d/Cornmittee Meetings
SECTION 40. Section 30A of said chapter 20, as amended by section 4 of said chapter
107, is hereby further amended by striking out the words "March 31, 2023" and inserting in
place thereof the following words:- March 31, 2025
• We're about two weeks away from the final day of voting for the Participatory Budgeting and
we've received votes from 1,456 residents and we have a fairly clear group of top vote getters (but
I don't want to divulge those while voting is still ongoing!). The votes are classified in a couple of
different ways (1) total votes, which ignores the weighting that the voters included (highest to
lowest priority); and(2) weighted total, which includes the rank order residents submitted. Sean
Dugan and I have discussed these two options and we're recommending using the weighted total
(most votes/highest priority). The decisions the Board will be asked to make on this (in addition to
approving the final projects) is which of these two methods to use AND where to cut off the
projects. Right now, the total on the weighted votes is either four projects for $420,000 or five
projects at$505,000 ($5,000 over the $500,000 budget) or to skip over a project and take lower
rated projects that gets closer to the $500,000 budget. We plan on having this before the Select
Board for a final vote before Town Meeting ends so that there can be an announcement of the
projects that will be undertaken. Assuming the vote count remains the same, we will be
recommending adding the additional $5,000 from ARPA for a total of$505,000 this year. This is
scheduled to come before the Select Board on 4/10/23.
• As most people know I�athy Santos is retiring and her last day will be 4/7/23. We're happy to
announce that Bethany Ramirez will be joining our staff as the new Web & Digital Engagement
Specialist to replace Kathy and will be starting on 4/3/23.
• Attached please find the agenda tracker for upcoming Select Board meetings.
Fire De�artment:
• The Lexington Rotary Club has donated $15,412 to the Lexington Fire Department to be used to
purchase a DJI Matrice M30T public safety drone. This drone will allow the Fire Department to
utilize this technology to assist at many different incidents. Examples include large structure fires,
brush fires, HAZMAT, and missing persons. The uses of this technology will be a great benefit to
the overall operations of the Fire Department. Under MGL Ch. 44, §53A Town Departments can
accept a cash gift,but cannot spend it until the Select Board has approved the purpose for which
the donation was made and authorize the purchase. This is tentatively on the Select Board agenda
on 4/10/23.
Librarv:
• The Cary Library was named a Library Journal"Star Library" for 2022. Only 2501ibraries
were selected this year (from the more than 5,000 eligible libraries). This is our first
appearance on the list and wonderful recognition of the staff's hard work.
� Soine wonderful programs coming up at the library in the next couple of weeks:
o Beyond the Library presents: The Gilded World of Isabella Stewart Gardner—with Mary C.
Woodward. Tuesday, March 21 at 7:00-8:00 PM (Virtual).
The life of Boston's arts patroness typifies the lives of many of the wealthy and cultured
Americans who lived during the Gilded Age of American history. We will explore the
details of Isabella Stewart Gardner's life, friends, travels and collections. She broke all
kinds of rules while setting up her museum but perhaps we can understand this when we
read her personal motto "It is my pleasure." She arranged things the way she wanted with
relationships between objects that may at first escape us. What is left for us is to marvel at
the space she created and filled with beautiful things.���. ���-.
o Literary Cafe Celebrates Women's History Month. Thursday, March 23 at 7:00-8:00 PM
(Virtual). Caiy Library's next Literary Cafe will mark Women's History Month with a panel
presentation,hosted by Lexington's own Marjan Kamali (author of"Together Tea" and
"The Stationary Shop"). Award-winning authors Joy Castro (One Brilliant Flame), Ava
Homa(Daughters of Smoke and Fire), and Katherine Sherbrooke (Leaving Coy's Hill) will
discuss the portrayal of women in fiction, the responsibility of telling stories about women
who have been hidden from history, and how writing about women's lives impacts women's
futures. ��c;,,�u���.,rr
r.� Science Cafe: Looking for Signs of Interstellar Intelligent Life: The Galileo Project—with
Abraham(Avi) Loeb. Tuesday, March 28 at 6:00-7:00 PM (Hybrid—live event will be in
the Living Room). Abraham (Avi) Loeb is the Frank B. Baird, Jr., Professor of Science at
Harvard University, founding director of Harvard's Black Hole Initiative, director of
Harvard's Institute for Theory and Computation and the leader of the Galileo project. In
2012, Time Magazine selected Avi as one of the twenty-five most influential people in
space. He is also the author of four boolcs and over 1000 scientific papers. In this Science
Cafe we'll learn about Avi's early influences and discuss the Galileo project, an expedition
to retrieve and identify astro-archaeological artifacts. We look forward to seeing you there.
��„�,�����iiry
o LexSeeHer Spealcer Series welcomes Ellen Cassedy, Founder of the 9 to 5 Movement.
Thursday, March 30 AT 7:00-8:00 PM (Virtual) LexSeeHer continues celebrating
Women's History Month with special guest, author, and labor organizer, Ellen Cassedy.
Ellen was a founder of the 9 to 5 organization of women office workers that began in
Boston fifty years ago. 9 to 5 won millions of dollars in back pay and raises, started a
woman-led union, inspired the Hollywood hit movie and Dolly Parton's song, and made
countless bosses get their own coffee. l�e. ����
Land Use Health and Development:
• Assistant Town Manager fo�^Develop�nent.•
The community awareness and stakeholder input plan for the ARPA state-earmarlc housing
feasibility study is outlined below. Carol Kowalsl�i is requesting (through the Town Manager)
Select Board input by April 12, 2023 in addition to the 10 total stakeholder/public meetings
planned with the contractor. This study is expected to start in April and take 36 weeks to complete.
Ten (max) stakeholder meetings are budgeted:
a. 2 meetings during Information Gathering phase. One can be recorded and posted on the
Town website.
b. 3 stakeholder meetings during the Conceptual Planning phase.
c. 3 stakeholder meetings during the Site Recommendations phase.
d. 1 meeting with the Select Board
e. 1 meeting with the Planning Board
The following groups will be invited to the stakeholder meetings the Housing Partnership
Board, the Housing Trust, LexHAB (unless it's determined to be a conflict of interest since
they may want to respond to any future RFP to develop housing on the site(s), the Historical
Commission, the Historic Districts Commission, the Historical Society, the Tourism
Committee, the Human Rights Committee, the Council on Aging, the Commission on
Disability, Sustainable Lexington, Community Preservation Committee, Capital Expenditures
Committee, Appropriations Committee and Assistant Town Manager for Finance, Facilities
Director and Town Engineer
Abutter communication:
Mai190 abutters information on the purpose, scope and timeline of the feasibility study,
underscoring that it is not a development proposal, but a feasibility study. Emphasize that
further extensive public process would ensue if the Town were ever to pursue housing
development long-term, pending results of the feasibility study.
Town website:
This study does not have an intuitive "home" for the public to search on the website. The
Director of Communications and Special Projects will be consulted for a strategy on where on
the Town website the public can find a webpage with FAQs and other information about the
housing feasibility study.
• Conse�vation:
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Enjoy the beauty of the outdoors at this Conservation and Public Health sponsored event as part of
National Public Health Week. All are Welcome!
• Economic Development:
At their meeting on March 22nd, the Massachusetts Cultural Council(MCC)voted unanimously to
approve two new state-designated cultural districts, one of which is in Lexington. The boundaries
of the Lexington Cultural District include Mass. Ave., from Hastings Park to Pleasant Street. This
stretch of Massachusetts Avenue includes the Center with significant historical and cultural sites,
restaurants, shops and public spaces. Altogether, it spans just over three miles. The Town hosted a
Site Visit for MCC on 12/2/22, the Site Assessment Report from this effort is attached. This
comprehensive report will help the district implement future programs and projects and be used to
apply for grant support from the State. This designation makes the district eligible for a $15,000
grant each year to support Art & Cultural organizations in Lexington.
• Health:
o While doing research for a grant application, Joanne Belanger received help from the staff in
the Clerk's office and discovered that in April of 1883 Town Meeting voted to appoint the first
3-member independent Board of Health. The date was April 9th, 1883 which makes the Board
of Health 140 years old! According to the Town Report for the year 1883-84; a Board of
Health was chosen who have relieved the Selectmen of a portion of their labor. The first Board
of Health meeting was A�ril 19, 1883, and a regulation was put into place regarding the
transportation of swill through the Town. Special thanks go to Archivist Lee Yates. Town
report for 1883-84 and Town Meeting notes attached.
o National Public Health week: Please check out the programs and activities that are planned for
Apri13 —9, 2023 ��h so����x���=h��m��.�e�����a2���I�i���c����..l�ealb���-1FN���tclrn..W���<
o The Health Office sponsored a ServSafe class for Lexington food establishments on March
20st. We were able to reduce the cost of the class due to an FDA grant received by the Health
Office. The class filled very quickly and a wait list was established. A second class is in the
planning stages.
• Planning.•
The Planning Board's zoning articles 36-39 were all adopted at Town Meeting, as presented on
March 22.
a. Article 36—Amend the Zoning Map to Expand the CB District
b. Article 37 —Amend the Zoning Bylaw to Extend Action Deadline for Site Plan Review
c. Article 38 —Amend the Zoning Bylaw to allow Minor Modifications to Approved Permits
d. Article 39 —Amend the Zoning Bylaw for Technical Corrections
Coming up on Apri14:
a. Article 33 —Amend Zoning Bylaw for Special Residential Developments— scheduled for
Monday, April 10 Town Meeting
b. Article 34—Amend Zoning Bylaw for Village and Multi-Family Housing Overlay Districts—
scheduled for Monday, April 10 Town Meeting
Recreation and Community Services:
Facilities
• The Pine Meadows Golf Course opened Thursday, March 23, 2023 for the season.
Recreation Comrnittee
• The Recreation Committee formed a working group in the fall, the Tennis/Picl�leball Working
Group to address the demand for hard court surfaces for both tennis and picl�leball in addition to
the challenges with the sound of pickleball play. The working group has finished up and the report
and PowerPoint slides were presented to the Recreation Committee on 3.21.23. The�u��._�.��and
���ur����Il��.._:;����5 can be found on the �'�����s.._�a��� l�n��k�a.;l���:��_����I���.�� C�'��°������ of the
Recreation web page.
• Congratulations are in order!
The MRPA (Mass Rec and Park Assoc) 2023 Annual Conference will be held March 27—
29. Each year professionals and communities are recognized for their work as leaders in the
field. This year, Lexington will be receiving THREE awards. The award ceremony will be held
on Tuesday, March 28th in Norwood.
L Kate DeAngelis-the 2023 winner of the Massachusetts Recreation and Park Association's
Therapeutic Recreation Professional of the Year. This award is given to an individual, group or
organization that is increasing accessibility within their organization and community through
Therapeutic Recreation, Inclusion or Adaptive programs and services.
2. Lexington Public Works - the 2023 winner of the Massachusetts Recreation and Park
Association's Regional Community Impact of the Year Award—Northeast Region. This award
is given to a town or city that is a member of MRPA that has provided outstanding service and
dedication to their community in 2023. This award is for the Center Streetscape Project.
3. Michelle Ciccolo - the 2023 winner of the Massachusetts Recreation and Parlc Association's
Government Official of the Year Award. This award is given to Senators, Representatives,
Mayors, Town Managers, Town Administrators, etc. that have displayed dedication and
advocacy on behalf of Parks and Recreation in your community.
To: James Malloy,Town Manager
Re: Article 10i
Fr: Melissa Battite, Director of Recreation and Community Programs
March 24, 2023
Members of the Recreation Committee, Board of Health, Sustainable Lexington Committee and Town
staff representing Recreation, Public Health, Sustainability& Resilience, Conservation, and DPW have
developed a working group and have been meeting over the past few months to understand and
enhance the Recreation's synthetic fields program. The reconstruction of the proposed resurfacing of
Lincoln Field 1 capital request for FY2024 was the catalyst for the creation and immediate focus of the
working group. Discussions have been focused on how best to ensure that the new field meets its
performance needs while also addressing concerns related to disposal of the old field and synthetic
materials associated with artificial turf fields, since a natural grass field is not suitable for this site.
The team is reviewing and recommending language to be incorporated in the project bid specifications
to:
1. ensure that disposal is transparent and excludes landfilling and incineration to the extent possible,
2. require material disclosure and testing (including testing to ensure the materials are PFAS-free, using
the state TURA definition of PFAS) based on appropriate disclosure and testing approaches, and
3. ensure that infill material specifications meet the Town's performance needs while reducing the
presence of toxic materials found in crumb rubber.
The working group members are committed to developing the bid specification language before the
bid is released later this year and we support installing a new turf field at Lincoln Park. We will be
collecting feedback from neighboring communities (including Minuteman Tech) that are using natural
infills to better understand their experience with the usage and maintenance of these fields.We
encourage Town Meeting members to support Article 10i to meet the town's need for safe, high-
quality, accessible recreational space. Your input is welcome as we work to finalize decisions on
specifications related to disposal, testing, and infill before the bid is released later this year.
FILED ON: 3/23/2023
HOUSE . . . . . . . . . . . . . . . No. 3548
Text of a further ainendinent, offered by Mr. Michlewitz of Boston, to the Senate amendment
(striking out all after the enacting clause and inserting in place thereof the text contained in
Senate document numbered 24) of the House Bill mal�ing appropriations for the Fiscal Year
2023 to provide for supplementing certain existing appropriations and for certain other activities
and projects (House,No. 58). March 23, 2023.
��je �orrYrnon�e�Yt�j of �a��ac�ju�ett�
ln the One Hundred and Ninety-Third General Court
(2023-2024)
By stril�ing out all after the enacting clause and inserting in place thereof the following:-
1 SECTION L To provide for supplementing certain items in the general appropriation act
2 and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby
3 appropriated from the General Fund unless specifically designated otherwise in this act or in
4 those appropriation acts, for the several purposes and subject to the conditions specified in this
5 act or in those appropriation acts, and subject to the laws regulating the disbursement of public
6 funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts
7 previously appropriated and made available for the purposes of those items. These suins shall be
8 made available through the fiscal year ending June 30, 2023.
9 SECTTON 2.
10 DISTRICT ATTORNEYS
11 Cape and Islands District AttoNney
12 0340-1000 Cape and Islands District Attorney......................................$200,000
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13 OFFICE OF THE COMPTROLLER
14 1599-3384 Judgments, Settlement and Legal Fees..............................$8,286,615
15 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
16 1599-4448 Collective Bargaining Contract Costs .................................$4,228,650
17 EXECUTIVE OFFICE OF EDUCATION
18 Department of Early Education and Ca�e
19 3000-1045 Early Education and Care Workforce C3 Stabilization
20 Grants..............................................................................................$68,000,000
21 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
22 Depa�tment of Housing ancl Community Development
23 7004-0101 Emergency Assistance Family Shelters and Services ..........$44,938,224
24 7004-9316 Residential Assistance for Families in Transition .................$15,692,986
25 EXECUTIVE OFFICE OF EDUCATION
26 Departynent of Elementary and Secondary Education
27 7053-1925 School Breakfast Program............................................$65,000,000
28 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
29 provide for an alteration of purpose for current appropriations, and to meet certain requirements
30 of law, the sums set forth in this section are hereby appropriated from the General Fund unless
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31 specifically designated otherwise in this section, for the several purposes and subject to the
32 conditions specified in this section, and subject to the laws regulating the disbursement of public
33 funds for the fiscal year ending June 30, 2023. Except as otherwise stated, these sums shall be
34 made available through the fiscal year ending June 30, 2024.
35 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
36 Reserves
37 1599-0924 For a reserve to address the needs of homeless families and individuals;
38 provided, that funds may be expended to supplement school district costs associated with
39 additional student enrollments;provided further, that any such funds distributed to a city, town or
40 regional school district to supplement school district costs associated with additional student
41 enrollments shall be deposited with the treasurer of such city, town or regional school district and
42 held in a separate account and shall be expended by the school committee of such city, town or
43 regional school district without further appropriation, notwithstanding any general ar special law
44 to the contrary; provided further, that funds in this item shall be distributed in a manner that
45 promotes geographic equity and fairly distributes school burdens and associated funding to
46 communities in which shelter capacity is increased; provided further, that the secretary of
47 administration and finance may transfer funds from this item to state agencies, as defined in
48 section 1 of chapter 29 of the General Laws; and provided further, that the secretary shall notify
49 the house and senate committees on ways and means of any such transfer..............$40,061,776
50 1599-0925 For a reserve to address the needs of newly-arrived immigrants and
51 refugees to be administered by the executive office of health and human services, in coordination
52 with the office for refugees and immigrants and the department of housing and community
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53 development; provided, that funds shall be expended to support refugee resettlement agencies,
54 nonprofit organizations, community-based organizations, family resource centers and local
55 partners supporting immigrants and refugees through case management, legal screenings,
56 benefits assistance, employment services programming and other non-housing-related supports
57 for newly-arrived immigrants and refugees; provided further, that funds may be used for both
58 direct assistance and administrative costs; provided further, that funds shall be made available to
59 the executive office of health and human services for the development, in coardination with the
60 office for refugees and immigrants and the department of housing and community development,
61 of a new anivals coordination plan to establish a more coordinated system to address the needs
62 of newly-arrived immigrants and refugees including,but not limited to: (i) timely triage; (ii)
63 social workers; (iii) medical screenings; (iv) culturally-appropriate food; (v) legal screenings and
64 referrals; and(vi) assistance with screening and enrollment for bene�ts through MassHealth, the
65 department of transitional assistance, the emergency housing assistance program under section
66 30 of chapter 23B of the General Laws and other state programs;provided further, that the plan
67 shall address regional equity to ensure timely intalce processes for newly-arrived immigrants and
68 refugees; provided further, that in developing the plan, the executive office shall collaborate with
69 and seek input from refugee resettlement agencies, nonprofit organizations, community-based
70 organizations and local partners; provided further, that the plan shall be developed and submitted
71 to the house and senate committees on ways and means not later than June 30, 2023; and
72 provided further, that the executive office of health and human services shall submit monthly
73 repoi-ts to the house and senate committees on ways and means detailing the identified number of
74 newly-anived immigrants and refugees entering the commonwealth until the exhaustion of funds
75 in this item..........................................................................................$7,000,000
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76 1599-3068 For emergency allotments to households participating in the supplemental
77 nutrition assistance program under the federal Food and Nutrition Act of 2008, 7 U.S.C. 2011 et
78 seq., to address food needs and increased food costs; provided, that the emergency allotments
79 shall be not more than 40 per cent of the amount needed to bring the monthly benefit up to the
80 applicable maximum monthly allotment for the household size or not more than 40 per cent of
81 $95, whichever is greater.....................................................................$130,000,000
82 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
83 Department of T�ansitional Assistance
84 4400-1030 For reimbursement to clients who have had their federal supplemental
85 nutrition assistance program payments stolen through electronic benefit transfer card skimming,
86 card cloning or other similar fraudulent electronically-based method, during the period of April
87 1, 2022 to September 30, 2022, inclusive; provided, that claims for such reimbursement must be
88 verified by the department of transitional assistance and must be reported to or identified by the
89 department not later than June 30, 2023; provided further, that reimbursements shall not exceed
90 the lesser of the amount of benefits stolen from the household, or the amount equal to 2 months
91 of the monthly allotment of the household immediately prior to the date on which the benefits
92 were stolen; and provided further, that notwithstanding the previous clause, the department may,
93 subject to the availability of funds in this item, malce additional reimbursements for stolen
94 benefits available greater than the amount equal to 2 months of the monthly allotment of the
95 household immediately prior to the date on which the benefits were stolen or for the period of
96 October 1, 2022 to June 30, 2023, inclusive, to the extent that federal funds will not cover the
97 cost of reimbursement............................................................................$2,000,000
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98 Department of Public Health
99 4513-1006 For family and reproductive health services;provided, that not less than
100 $1,000,000 shall be expended for a public awareness campaign to educate providers and the
101 public about crisis pregnancy centers and pregnancy resource centers and the centers' lack of
102 medical services; provided further, that the campaign shall include information on the
103 availability of providers across the commonwealth that provide legitimate medical and family
104 planning services; provided further, that the campaign shall be linguistically diverse and
105 culturally competent; and provided further, that not less than $250,000 shall be expended for
106 Reproductive Equity Now, Inc.'s free abortion legal hotline..............................$1,250,000
107 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
108 Massachusetts Office of T�avel and Tourism
109 7008-1119 For the Boston branch of the National Association far the Advancement of
ll 0 Colored People for costs related to programs to be included in its 114th national conference,
111 including a youth summit, anti-bias training and a career summit, which shall all be open to the
112 public and free of charge, and for costs related to coinmunity outreach to ensure residents of the
ll 3 city of Boston and the commonwealth have access to such programs............................$2,000,000
114 SECTION 3. To provide for a program of housing, community development, economic
ll5 opportunities, support for local governments, increased innovation and job creation, the sums set
116 forth in sections 3 to 3B, inclusive, for the several purposes and subject to the conditions
117 specified in this act, are hereby inade available, subject to the laws regulating the disbursement
118 of public funds; provided, however, that the amounts specified in an item or for a particular
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119 project may be adjusted in order to facilitate projects authorized in this act. These sums shall be
120 in addition to any amounts previously authorized and made available for these purposes.
121 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
122 Office of the Secretary
123 7002-8041 For the Massachusetts Technology Park Corporation established in section
124 3 of chapter 40J of the General Laws for a matching grant program that enables academic
125 institutions, nonprofit organizations, industry consortiums, federally-funded research and
126 development centers and other technology-based economic development organizations to
127 compete for federal grants in technology and innovation fields including, but not limited to: (i)
128 artificial intelligence and machine learning; (ii) cybersecui-ity, data storage and data
129 management; (iii) quantum computing and information systems; (iv)robotics and advanced
130 automation; (v) high performance computing, semiconductors and advanced computer hardware;
131 (vi) blockchain; (vii) supply chain; (viii) clean energy, clean energy research, energy starage,
132 batteries and electric vehicle components, technology and infrasti-ucture; (ix) food security; and
133 (x) advanced materials; provided, that the matching grant program may also enable participation
134 of these entities in associated workforce development federal grant programs; and provided
135 further, that not more than 15 days after any competitive application is submitted for federal
136 funds proposing the use of state matching funds from this item, the executive office of housing
137 and economic development shall submit a summary of the application to the house and senate
138 committees on ways and means...............................................................$125,000,000
139 7002-8042 To provide funds to the Massachusetts Broadband Incentive Fund
140 established in section 6C of chapter 40J of the General Laws for capital repairs and
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141 improvements to broadband infrasti-ucture owned by the Massachusetts Technology Park
142 Corporation established by section 3 of said chapter 40J....................................$9,300,000
143 7002-8043 For the Massachusetts Technology Park Corporation established in section
144 3 of chapter 40J of the General Laws for matching grants that support collaboration among
145 manufacturers located in the commonwealth and institutions of higher education, nonprofit
146 organizations and other public or quasi-public entities in the commonwealth; provided, that
147 eligible grantees shall include private businesses; provided further, that grants shall be awarded
148 and administered consistent with the strategic goals and priorities of the Massachusetts advanced
149 manufacturing collaborative established in section lOB of chapter 23A of the General Laws;
150 provided further, that grants made for the purchase of equipment to be owned by, leased to or
151 located within the premises of a private businesses shall be made in support of a partnership with
152 an institution of higher education or nonprofit corporation with a mission of supporting
153 manufacturing in the commonwealth; provided further, that a private university or business
154 entity shall not be eligible for a grant unless the Massachusetts Technology Park Corporation has
155 made a fmding that a grant to such university or entity will result in a significant public benefit
156 and the private benefit is incidental to a legitimate public purpose; and provided further, that
157 grants shall be awarded in a manner that promotes geographic, social, racial and economic
158 equity...............................................................................................$14,000,000
159 7002-8047 For matching grants to support advanced manufacturing projects in
160 partnership with institutions of higher education, including state and municipal colleges and
161 universities, nonprofit organizations and other public or quasi-public entities; provided, that such
162 projects shall be in alignment with a Manufacturing USA institute.....................$15,000,000
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163 7002-8048 For the MassWorks infrastructure program established by section 63 of
164 chapter 23A of the General Laws............................................................$400,000,000
165 7002-8049 To enable public entities and other eligible entities within the
166 commonwealth to provide matching funds necessary to receive federal funding for broadband
167 infrastructure, equity, access and deployment in unserved or underserved locations and for
168 adoption, digital equity and other eligible uses consistent with federal guidelines......$30,000,000
169 7002-8051 For a program to provide assistance to projects that will improve,
170 rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the
171 public purposes of eliminating blight, increasing housing production, supporting economic
172 development projects, increasing the number of com�mercial buildings accessible to persons with
173 disabilities and conserving natural resources through the targeted rehabilitation and reuse of
174 vacant and underutilized property; provided, that such assistance shall take the form of a grant or
175 a loan provided to a municipality or other public entity, a community development corporation,
176 nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include,
177 but not be limited to: (i) unprovements and additions to or alterations of structures and other
178 facilities necessary to coinply with requirements of building codes; (ii) efforts to comply with
179 fire or other life safety codes and regulations pertaining to accessibility for persons with
180 disabilities; (iii) efforts to comply with code or regulatory compliance when compliance is
181 required in connection with a new coinmercial residential or civic use of such structure or
182 facility; and(iv) the targeted removal of existing underutilized structures or facilities to create or
183 activate publicly-accessible recreational or civic spaces; provided further, that funding shall be
184 awarded on a competitive basis in accordance with guidelines developed by the Massachusetts
185 Development Finance Agency established in section 2 of chapter 23G of the General Laws;
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186 provided further, that financial assistance offered pursuant to this line item may be administered
187 by the executive office of housing and economic development through a contract with the
188 Massachusetts Development Finance Agency; provided further, that the executive office or the
189 Massachusetts Development Finance Agency may establish additional program requirements
190 through regulations or policy guidelines; provided further, that financial assistance offered
191 pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic
192 and demographic diversity and social, racial and economic equity within the commonwealth; and
193 provided further, that program funds, not to exceed 5 per cent of the total assistance made during
194 the fiscal year, may be used for the reasonable costs of administering the program....$34,000,000
195 7002-8052 For grants and technical assistance to be made to municipalities and regional
196 applicants to support planning and locally-driven initiatives related to community development,
197 housing production, workforce training and economic opportuniry, child care and early education
198 initiatives and climate resilience initiatives, including,but not limited to, nature-based solutions
199 projects, that incorporate these elements, across the commonwealth within individual
200 communities, regions or a defined subset of communities therein; provided, that funds may be
201 expended for culturally competent and multi-lingual technical assistance and training to small
202 businesses;provided further, that preference for these funds shall be given to businesses located
203 in low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and
204 provided further, that grants shall be awarded in a manner that promotes geographic
205 equity...................................................................................$1,000,000
206 SECTION 3A.
207 EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
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208 Department of Housing and Community Development
209 7004-8026 For the Smart Growth Housing Trust Fund established in section 35AA of
210 chapter 10 ofthe General Laws...............................................................$8,000,000
211 SECTION 3B.
212 TREASURER AND RECEIVER GENERAL
213 0640-1006 For the Massachusetts Clean Water Trust established in section 2 of
214 chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund
215 established in section 2L of chapter 29 of the General Laws for application by the trust for the
216 purposes specified in section 5 of said chapter 29C, any portion of which may be used as a
217 matching grant by the commonwealth to federal capitalization grants received under Title VI of
218 the federal Clean Water Act, Public Law 92-500, or for deposit in the Drinl�ing Water Revolving
219 Fund established in section 2QQ of said chapter 29 for application by the trust for the purposes
220 specified in section 18 of said chapter 29C, any portion of which may be used as a matching
221 grant by the cominonwealth to federal capitalization grants received under the federal Safe
222 Drinking Water Act, Public Law 93-523; provided, that funds may be used to assist homeowners
223 in complying with the revised Title 5 of the state environmental code for subsurface disposal of
224 sanitary waste; and provided further, that funds may be expended for the costs of projects and
225 prograins included in the federal Infrastructure Investment and Jobs Act of 2021, Public Law No.
226 117-58............................................................................................$104,000,000
227 SECTION 4. Section 9 of chapter 6C of the General Laws, as appearing in the 2020
228 Official Edition, is hereby amended by stril�ing out subsection (e) and inserting in place thereof
229 the following subsection:-
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230 (e) The director shall submit to the inspector general, for inclusion in the annual report
231 pursuant to section 12 of chapter 12A, a report of the unit's activities for the preceding calendar
232 year, including,but not limited to, findings referred to the inspector general for investigation.
233 The inspector general shall submit the annual report to the joint committee on transportation not
234 later than April 30 of each year. The secretary shall make the annual report and all such reports
235 from previous years publicly available on the department's website.
236 SECTION 5. Section 72 of chapter 22C of the General Laws, as so appearing, is hereby
237 amended by strilcing out subsection (e) and inserting in place thereof the following subsection:-
238 (e) The director shall submit to the inspector general, for inclusion in the annual report
239 pursuant to section 12 of chapter 12A, a report of the unit's activities for the preceding calendar
240 year, including,but not limited to, findings referred to the inspector general for investigation.
241 The inspector general shall submit the annual report to the joint committee on public safety and
242 homeland security not later than April 30 of each year. The department shall make the annual
243 report and all such reports from previous years publicly available on the department's website.
244 SECTION 6. The fust sentence of subsection (a) of section 9A of chapter 23J of the
245 General Laws, as inserted by section 18 of chapter 179 of the acts of 2022, is hereby amended by
246 striking out the words "separate and apart from its other funds".
247 SECTION 7. Said subsection (a) of said section 9A of said chapter 23J, as so inserted, is
248 hereby further amended by striking out, in the second sentence, the word"bond".
249 SECTION 8. Section 3 of chapter 23N of the General Laws, as inserted by section 5 of
250 chapter 173 of the acts of 2022, is hereby amended by striking out the definition of
251 "Occupational license" and inserting in place thereof the following definition:-
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252 "Occupational license", a license required to be held by the following employees of an
253 operator when the employee performs duties directly related to the operation of sports wagering
254 in the commonwealth in the following, or equivalent,roles: (i) general manager; (ii) assistant
255 general manager; (iii) gaming or sports wagering manager; (iv) chief of security; (v) chief
256 surveillance officer; (vi) chief compliance officer; (vii) principal executive officer; (viii)
257 principal accounting officer; (ix) chief information officer; (x) chief technology officer; (xi)
258 electronic gaming device manager; (xii) information technology manager; (xiii) software
259 development manager; (xiv) shift supervisor of an in-person spoi-ts wagering department; or(xv)
260 shift supervisor in the surveillance, cage or player development departments.
261 SECTION 9. Section 5 of said chapter 23N, as so inserted, is hereby amended by striking
262 out subsection (b) and inserting in place thereof the following subsection:-
263 (b) The commission shall not grant an operator license until it determines that each
264 person who has control of the applicant meets all qualifications for licensure. For the purposes of
265 this chapter, the following shall be considered to have control of an applicant:
266 (i) a person who owns 10 per cent or more of a coiporate applicant; provided,however,
267 that a bank or other licensed lending institution that holds a mortgage or other lien acquired in
268 the ordinary course of business shall not be considered to have control of an applicant;
269 (ii) a person who holds a beneficial or proprietary interest of 10 per cent or more of an
270 applicant's business;
271 (iii) if the applicant is a corporation: (A)president; (B) chief executive officer; (C) chief
272 operating officer; (D) chief financial officer; (E) treasurer; (F) secretary; (G) each inside director;
273 and (H) chair of the board of directors;
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274 (iv) if the applicant is a limited liability corporation: (A) each member; (B) each
275 manager; and(C) any transferee of a member's interest; and
276 (v) if the applicant is a partnership, each partner.
277 SECTION 10. Paragraph (1) of subsection (c) of said section 5 of said chapter 23N, as
278 amended by section 36 of chapter 268 of the acts of 2022, is hereby further amended by inserting
279 after the�'igure "(b)" the following words:- and any applicant for an occupational license as
280 defined in section 3.
281 SECTION 11. Section 8 of said chapter 23N, as inserted by section 5 of chapter 173 of
282 the acts of 2022, is hereby amended by stril�ing out subsection (d) and inserting in place thereof
283 the following 2 subsections:-
284 (d) Upon receipt of an application for an occupational license the commission shall
285 investigate each applicant which shall include obtaining criminal offender record information
286 froin the department of criminal justice information services and exchanging fingerprint data and
287 criminal history with the department of state police and the United States Federal Bureau of
288 Investigation as provided in subsection(c) of section 5.
289 (e)Not later than March 1 of the third calendar year following the issuance or renewal of
290 an occupational license, an occupational license holder shall pay a nonrefundable license renewal
291 fee of$100 and submit a renewal application on a form established by the commission. An
292 employer may pay the license renewal fee on behalf of the licensed employee.
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293 SECTION 12. Subsection (a) of section 18 of said chapter 23N, as so inserted, is hereby
294 amended by adding the following sentence:- Expenditures from the fund shall not be subject to
295 appropriation.
296 SECTION 13. Said chapter 23N, as so inserted, is hereby further amended by striking out
297 section 18, the second time it appears, and inserting in place thereof the following section:-
298 Section 19. There shall be established and set up on the books of the commonwealth a
299 fund to be known as the Youth Development and Achievement Fund. The fund shall be credited
300 any monies transferred from the Sports Wagering Fund pursuant to section 17 and all monies
301 credited to or transferred to the fund from any other fund or source. Expenditures from the fund
302 shall be subject to appropriation and shall be expended equally for the following purposes:
303 (1) For the purposes of providing financial assistance to students from the commonwealth
304 enrolled in and pursuing a program of higher education in any approved public or independent
305 college, university, school of nursing or any other approved institution furnishing a program of
306 higher education;
307 (2) For the purposes of funding after-school and out-of-school activities, including, but
308 not limited to, youth athletics and other activities that improve student health, literacy programs,
309 English language learning programs, academic tutoring, art, theater and music programs and
310 community service programs; and
3ll (3) For the purposes of providing matching grants to elementary and secondary youth
312 sports, organizations, clubs and other school groups to attend events, including, but not liinited
313 to, academic events and programs, cultural events and award ceremonies both nationally and
314 internationally.
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315 SECTION 14. Section 8K of chapter 26 of the General Laws, as inserted by section 22 of
316 chapter 177 of the acts of 2022, is hereby amended by striking out the words "42 U.S.C.
317 18031(j)", each time they appear, and inserting in place thereof, in each instance, the following
318 words:- 42 U.S.C. 300gg-26.
319 SECTION 15. Section 2LLLLL of chapter 29 of the General Laws, as amended by
320 section 21 of chapter 126 of the acts of 2022, is hereby further amended by striking out the word
321 "subject" and inserting in place thereof the following words:- not subject.
322 SECTION 16. Subsection (a) of section 22B of chapter 32A of the General Laws, as
323 inserted by section 26 of chapter 177 of the acts of 2022, is hereby amended by striking out the
324 words "42 U.S.C. 18031 (j)" and inserting in place thereof the following words:- 42 U.S.C.
325 300gg-26.
326 SECTION 17. Subsection (a) of section 14A of chapter 94G of the General Laws, as
327 inserted by section 18 of chapter 180 of the acts of 2022, is hereby amended by adding the
328 following sentence:- Expenditures from the fund shall not be subject to appropriation.
329 SECTION 18. Subsection (a) of section 65G of chapter 112 of the General Laws, as
330 inserted by section 36 of chapter 177 of the acts of 2022, is hereby alnended by striking out the
331 detinition of`Board of registration" and inserting in place thereof the following definition:-
332 `Board of registration", a board of registration: (i) serving in the department pursuant to
333 section 9 of chapter 13; provided, however, that this shall not include the board of registration as
334 established under section 10 of said chapter 13; (ii) serving pursuant to section 76 of said chapter
335 13; (iii) serving pursuant to section 80 of said chapter 13; (iv) serving pursuant to section 88 of
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336 said chapter 13; or(v) serving under the supervision of the commissioner pursuant to section 1 of
337 this chapter.
338 SECTION 19. Section 7.08 of chapter 156D of the General Laws, as appearing in the
339 2020 Official Edition, is hereby amended by striking out the words ", unless the corporation is a
340 public corporation", in lines 6 and 7.
341 SECTION 20. Subsection (g) of section 14 of chapter 1760 of the General Laws, as
342 added by section 70 of chapter 177 of the acts of 2022, is hereby amended by striking out the
343 words "42 U.S.C. 18031(j)" and inserting in place thereof the following words:- 42 U.S.C.
344 300gg-26.
345 SECTION 21. Section 6A of chapter 180 of the General Laws, as appearing in the 2020
346 Official Edition, is hereby amended by adding the following 2 paragraphs:-
347 The board of directors may, unless otherwise provided in the articles of organization or
348 bylaws, authorize any annual, regular or special ineeting of inembers to be held in-person at a
349 physical location, by means of remote communication or by a hybrid model with both a physical
350 location and a means of remote communication. Subject to the articles of organization, bylaws,
351 guidelines or procedures as the board of directors may adopt, members not physically present at
352 the designated location of a meeting of the members may, by means of remote communication:
353 (i)participate in a meeting of inembers; and(ii)be deemed, to the same extent as members
354 physically present at a designated location, to be: (A)present; and(B) authorized to vote.
355 Pursuant to the fifth paragraph, the corporation shall implement reasonable measures to:
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356 (i) verify that each person deemed present and authorized to vote at the meeting by means
357 of remote communication is a member;
358 (ii)provide members a reasonable opportunity to participate in the meeting and vote on
359 matters submitted to the members, including an opportunity to read or hear the proceedings of
360 the meeting substantially concurrently with such proceedings; and
361 (iii) maintain a record of any vote or other action a member takes at a meeting by means
362 of remote communication.
363 SECTION 22. Chapter 221 of the General Laws is hereby amended by inserting after
364 section 46D the following section:-
365 Section 46E. (a) With respect to real estate closings involving the use of communication
366 technology, as defined in section 1 of chapter 222, the following words, as used in this section,
367 shall, unless the context clearly requires otherwise,have the following meanings:
368 "Closing", the consummation of a transaction between parties for the purpose of granting
369 a mortgage or otherwise transferring title to a 1-family to 4-family residential dwelling, including
370 the execution of documents necessary to accoinplish the valid and proper transfer of title and the
371 transfer of the consideration for the conveyance, whether done simultaneously with or
372 subsequent to the execution of documents for the transfer of title; provided, however, that a
373 "closing" shall not include any transaction in which the consideration for the transfer of title is
374 evidenced solely by a home equity loan or line of credit that: (i) is secured by a mortgage on a 1-
375 family to 4-family residential dwelling, (ii) does not involve the issuance of a lender's or
376 mortgagee's policy of title insurance in connection with such transaction; and (iii) is to be
377 retained by the lender and not sold on the secondary mortgage market.
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378 "Creditar", a person or entity that holds or controls, partially, wholly, indirectly, directly
379 or in a nominee capacity, a mortgage loan securing real property, including, but not limited to, an
380 originator, holder, investor, assignee, successor, trust, trustee, nominee holder, Mortgage
381 Electronic Registration Systems or mortgage servicer, including the Federal National Mortgage
382 Association or the Federal Home Loan Mortgage Coiporation;provided, however, that
383 "creditor" shall also include any servant, employee, representative or agent of a creditor.
384 (b)Notwithstanding any general or special law to the contrary, no person, unless that
385 person has been admitted as an attorney in the commonwealth and has not been disqualified from
386 the practice of law due to resignation, disbarment or suspension or placed on inactive status,
387 shall (i) direct or manage a closing; or(ii) take the following actions in preparation for, or in
388 furtherance of, a closing:
389 (1) giving or furnishing legal advice as to the legal status of title;
390 (2) ensuring that the seller, or the borrower-mortgagor in a mortgage refinancing
391 transaction, is in a position to convey marketable title to the residential property at issue;
392 (3) issuing a certification of title pursuant to section 70 of chapter 93;
393 (4) drafting a deed to real property on behalf of another;
394 (5) ensuring that the documents necessaiy for the transfer of title are executed and
395 acknowledged in accordance with the laws of the commonwealth;provided, however, a non-
396 attoi-ney may take such action under the direction or supervision of an attorney; or
397 (6) disbursing, or managing the disbursement, of consideration for the conveyance.
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398 (c) The attorney general may initiate an action, including a petition for injunctive relief,
399 against any person or creditor whose violation of this section is part of a pattern, or consistent
400 with a practice, of noncompliance. The supreme judicial court and the superior court department
401 of the trial court of the commonwealth shall have concurrent jurisdiction in equity. A person
402 having an interest or i-ight that is or may be adversely affected by a violation of this section may
403 initiate an action against the person or creditor for private monetary remedies.
404 SECTION 23. Chapter 222 of the General Laws is hereby amended by striking out
405 section 1, as appearing in the 2020 Official Edition, and inserting in place thereof the following
406 section:-
407 Section 1. For the purposes of this chapter, the following words shall, unless the context
408 clearly requires otherwise, have the following meanings:
409 "Acknowledgment", a notarial act in which an individual, at a single time appears in
410 person before a notary public, is identified by the notary public through satisfactory evidence of
4ll identity and presents a document or electronic record to the notary public and indicates to the
412 notary public that the signature on the document or record before the notary was voluntarily
413 affixed by the individual for the purposes stated within the document or electronic record or that
414 the signature on the document or electronic record was the individual's free act and deed and, if
415 applicable, that the individual was authorized to sign in a particular representative capacity.
416 "Affirmation", a notarial act, or part thereof, that is legally equivalent to an oath and in
417 which an individual, at a single time appears in person before a notary public, is identified by the
418 notary public through satisfactory evidence of identity and makes a vow of truthfulness or
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419 fidelity while appearing before the notary public under the penalties of perjuty without invoking
420 a deity.
421 "Appears in person", "appears personally" or"personally appears", (i) being in the same
422 physical location as another individual and close enough to see, hear, communicate with and
423 exchange tangible identification credentials with that individual; or(ii) interacting with a
424 remotely-located individual by means of communication technology in compliance with section
425 28.
426 "Capable of independent verification", the ability to confirm the validity of an electronic
427 notarial act, including the electronic signature and sea1, through a publicly accessible system, in
428 compliance with industry standard technology as approved by the secretary of the
429 commonwealth.
430 "Communication technology", an electronic device or process that allows a notary public and a
431 remotely-located individual to communicate with each other simultaneously by sight and sound,
432 and when necessary and consistent with other applicable laws, facilitates communication with a
433 remotely-located individual with a vision, hearing or speech impairment.
434 "Copy certification", a notarial act in which a notary public is presented with a document
435 that the notary public copies, or that the notary supervises someone else copying, by a
436 photographic or electronic copying process, compares the original document to the copy and
437 determines that the copy is accurate and complete.
438 "Credential analysis", a process or service that meets the guidelines established by the
439 secretary, through which a third person affirms the validity of a current government-issued
440 identification credential by review of public or proprietary data sources.
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441 "Credible witness", an honest,reliable and impartial person who personally knows an
442 individual appearing before a notary and who takes an oath or affirmation before the notary to
443 vouch for that individual's identity.
444 "Dynamic knowledge-based authentication", a form of identity proofmg based on a set of
445 questions that pertain to an individual and are formulated from public or proprietary data
446 sources.
447 `Blectronic", relating to technology having electrical, digital, magnetic, wireless, optical,
448 electromagnetic or similar capabilities.
449 "Electronic record", information that is created, generated, sent, communicated, received
450 or stored by electronic means.
451 "Electronic signature", an electronic sound, symbol or process that is attached to or
452 logically associated with a contract or other record and executed or adopted by a person with the
453 intent to sign the record.
454 "Foreign state", a jui-isdiction other than the United States, a state or a federally
455 recognized Indian hibe.
456 "Identity proofing", a process or service that meets the guidelines established by the
457 secretary, by which a third party provides a notaiy public with a means to verify the identity of a
458 remotely-located individual by a review of personal information from public or private data
459 sources, which may include credential analysis, dynamic knowledge-based authentication,
460 analysis of biometric data including, but not limited to, facial recognition, voiceprint analysis or
461 fingerprint analysis or other means permitted by the secretary.
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462 "Jotu-nal", a chronological record of notarial acts performed by a notary public.
463 "Jurat", a notarial act in which an individual, at a single time appears in person before a
464 notary public, is identified by the notary public through satisfactory evidence of identity and: (i)
465 presents a document or electronic record; (ii) signs the document or electronic record in the
466 presence of the notary public; and(iii) takes an oath or affirmation before the notary public
467 vouching for the truthfulness or accuracy of the contents of the signed document or electronic
468 record.
469 "Notarial act" or"notarization", an act that a notary public is empowered to perform,
470 including acts performed electronically in accordance with this chapter.
471 "l�Totarial certificate", the part of or attachment to a notarized document or electronic
472 record for completion by the notary public that bears the notary public's signature and seal and
473 states the venue, date and facts that are attested by the notary public in a particular notarial act or
474 notarization.
475 "Notary public" or"notary", a person commissioned to perform official acts pursuant to
476 Article IV of the Amendments of the Constitution.
477 "Notarial seal", (i) a physical image or impression aff'ixed, stainped or embossed on a
478 tangible record; or(ii) an electronic image attached to, or logically associated with, an electionic
479 record.
480 "Oath", a notarial act, or part thereof, that is legally equivalent to an affirmation and in
481 which an individual, at a single time, appears in person before a notary public, is identified by
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482 the notary public through satisfactory evidence of identity and takes a vow of truthfulness or
483 fidelity under the penalties of perjury by invol�ing a deity.
484 "Official misconduct", a violation of sections 13 to 24, inclusive, or any other general or
485 special law in connection with a notarial act or a notary public's performance of an official act in
486 a manner found to be grossly negligent or against the public interest.
487 "Personal knowledge of identity", familiarity with an individual resulting from
488 interactions with that individual over a period of time sufficient to ensure beyond doubt that the
489 individual is the person whose identity is claimed.
490 "Principal", a person whose signature is notarized or a person taking an oath or
491 affirmation before a notary public.
492 "Record", information that is inscribed on a tangible medium or that is stored in an
493 electronic or other medium and is retrievable in perceivable form.
494 "Regular place of work or business", a place where an individual spends a substantial
495 portion of their working or business hours.
496 "Remotely-located individual", an individual who is not in the physical presence of the
497 notary public who performs a notarial act pursuant to section 28.
498 "Satisfactory evidence of identiry", identification of an individual based on: (i) at least 1
499 current document issued by a United States or state government agency bearing the photographic
500 image of the individual's face and signature; (ii) the oath or affirmation of a credible witness
501 unaffected by the document or transaction who is personally known to the notary public and who
502 personally knows the individual; or (iii) identification of an individual based on the notary
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503 public's personal knowledge of the identity of the principal; provided, however, that for a person
504 who is not a United States citizen, "satisfactory evidence of identity" shall mean identification of
505 an individual based on a valid passport or other government-issued document evidencing the
506 individual's nationality or residence and which bears a photographic image of the individual's
507 face and signature. For purposes of a notarial act perfoi-med using communication technology for
508 a remotely-located individual, "satisfactory evidence of identity" shall be deteimined pursuant to
509 section 28.
510 "State secretary", the secretary of the commonwealth.
511 "Signature witnessing", a notarial act in which an individual, at a single time, appears in
512 person before a notary public, is identified by the notary public through satisfactory evidence of
513 identity and presents a document or electronic record and signs the document or electronic record
514 in the presence of the notary public.
515 "Tamper-evident", the use of a set of applications,programs, hardware, software or other
516 technologies that will display evidence of any changes to an electronic record.
517 "Tangible journal", a journal created on a fixed tangible medium in a permanent bound
518 register with numbered pages.
519 "United States", a location within the geographic boundaries of the United States, Puerto
520 Rico, the United States Virgin Islands and any territory, insular possession or other location
521 subject to the jurisdiction of the United States.
522 SECTION 24. Section lA of said chapter 222, as so appearing, is hereby amended by
523 striking out, in line 6, the figure"26" and inserting in place thereof the following figure:- 29.
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524 SECTION 25. Section 8 of said chapter 222, as so appearing, is hereby amended by
525 striking out subsection (b) and inserting in place thereof the following subsection:-
526 (b)(1)A notary public shall keep an official notarial seal that shall be the exclusive
527 property of the notary public. A notary public shall not permit another to use such notarial seal.
528 A notary public shall obtain a new seal upon renewal of the commission, upon receipt of a new
529 commission or if the name of the notary public has changed. The notarial seal shall include: (i)
530 the notary public's name exactly as indicated on the commission; (ii) the words "notary public"
531 and"Commonwealth of Massachusetts" or"Massachusetts'; (iii) the expiration date of the
532 commission in the following words: "My commission expires_"; and(iv) a facsimile of the
533 seal of the commonwealth.
534 (2) If a notarial seal that requires ink is einployed, black ink shall be used. The seal of a
535 notary public may be a digital image that appears in the likeness or representation of a traditional
536 physical notary public seal. Only the notary public whose naine and registration number appear
537 on an electronic seal shall affix said seal. If the seal is electronically generated, it shall include
538 the words "Elect�onically affixed". The requirements of this subsection shall be satisfied by
539 using a seal that includes all of the information required by this section.
540 (3) A notary public shall attach or logically associate the notary public's electronic signature and
541 electronic seal to an electronic record that is the subject of a notarial act by use of the digital
542 certificate in a matter that is capable of independent verification and renders any subsequent
543 change or modification to the electronic document tamper evident.
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544 SECTION 26. Section 16 of said chapter 222, as so appearing, is hereby amended by
545 inserting after the word"notarization", in line 3, the following words:- , except as specifically
546 provided in this chapter.
547 SECTION 27. Said section 16 of said chapter 222, as so appearing, is hereby further
548 amended by inserting after the word"services", in line 27, the following words:- ; provided
549 further, that a notary public shall not be precluded from receiving a technology services fee that
550 has been clearly disclosed in advance to the person requesting the service and that technology
551 services fee reflects the actual reasonable cost to the notary public of utilizing a third-party
552 technology service provider;provided further, that the state secretary may set reasonable limits
553 on such technology services fee.
554 SECTION 28. Section 18 of said chapter 222, as so appearing, is hereby amended by
555 adding the following subsection:-
556 (e)(1) Whenever the state secretaiy has cause to believe that a notary public registered
557 pursuant to section 28 has engaged in any conduct,practice or procedure that the state secretary
558 determines is contrary to section 46E of chapter 221, the state secretary may revoke the notary
559 public's ability to perform notarial acts, or order the notary public to comply with the law. The
560 state secretary may adopt regulations governing administrative proceedings under this section.
561 (2) The attorney general may enforce an order issued by the state secretary pursuant to
562 this section by civil action as provided in said section 46E of said chapter 221.
563 (3) The remedies provided by this section shall not limit the availability of judicial
564 remedies to any person or official.
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565 SECTION 29. Subsection (a) of section 22 of said chapter 222, as so appearing, is
566 hereby amended by striking out the second sentence and inserting in place thereof the following
567 3 sentences:-A journal may be created on a fixed tangible medium or in an electronic format. If
568 the journal is maintained on a tangible medium, it shall be a permanent,bound register with
569 numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent,
570 tamper-evident electronic format complying with the rules of the state secretaiy, including rules
571 concerning the regular transfer of electronic journal entries to the secretary.
572 SECTION 30. Said section 22 of said chapter 222, as so appearing, is hereby further
573 amended by striking out, in lines 6 and 7, the words "active journal at the same time" and
574 inserting in place thereof the following words:- tangible journal at any time. A notary may keep
575 more than 1 electronic journal; provided,however, that each electronic journal shall conform to
576 the requirements of subsection(a).
577 SECTION 31. Clause (v) of subsection (c) of said section 22 of said chapter 222, as so
578 appearing, is hereby amended by striking out subclauses (3) and (4) and inserting in place thereof
579 the following 3 subclauses:- (3) a notation indicating whether the notarial act was conducted in
580 person or remotely; (4) the fee, if any, charged for the notarial act, including whether a
581 technology services fee was charged and the amount of the technology services fee; and (5) the
582 address where the notarization was performed; provided, however, that if the notarial act was
583 performed remotely, the notary shall include the address of the notary and each principal and
584 witness.
585 SECTION 32. Said section 22 of said chapter 222, as so appearing, is hereby further
586 amended by striking out subsection (i) and inserting in place thereof the following subsection:-
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587 (i) If not in use, a journal shall be kept under the exclusive control of the notary public ar
588 a third-party technology service provider designated by the notary public; provided, however,
589 that there is a mutual agreement by both the notaiy public and the third-party service provider;
590 and provided further, that a journal shall not be used by any other notary public or surrendered to
591 an employer upon termination of employment.
592 SECTION 33. Said chapter 222 is hereby further amended by adding the following 3
593 sections:-
594 Section 27. (a) A notary public may select 1 or more tamper-evident technologies to
595 perform notarial acts with respect to electronic records. A person shall not require a notary public
596 to perform a notarial act with respect to an electronic record with a technology that the notary
597 public has not selected. Any technology approved by the state secretary pursuant to subsection
598 (h) of section 28 and selected by a notary public shall require the notary public's electronic
599 signature and electronic seal to be:
600 (i) unique to the notary public;
601 (ii) capable of independent verification;
602 (iii)retained under the sole control of the notary public; and
603 (iv) attached to or logically associated with the electronic record in a tamper-evident
604 manner.
605 (b) A tangible copy of an electronic record shall be accepted as the equivalent of an
606 original document for purposes of recording said copy;provided, however, that: (i) the copy
607 contains a notarial certificate that satisfies all requirements for an original document to be
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608 accepted for recarding; (ii) the copy satisfies all requirements for recording an original document
609 set foi-th in chapters 183 and 185, as applicable; and(iii) the notary public executing the notarial
610 certificate certifies that the tangible copy is an accurate copy of the electronic record.
611 Section 28. (a) A notary public physically located in the commonwealth may perform a
612 notarial act using communication technology for a remotely-located individual who is the
613 principal in a notarial act if the notary public:
614 (i) (A)has personal knowledge of the identity of the remotely-located individual; (B) has
615 identified the remotely-located individual by means of an oath or affirmation of a credible
616 witness unaffected by the document or transaction who is personally known to the notary public
617 and who personally knows the remotely-located individual; or(C) can reasonably identify the
618 remotely-located individual by not less than 2 different types of identity proo�ing processes or
619 services;
620 (ii) is able to execute the notarial act in a single,real-time session;
621 (iii) is reasonably able to confirm that a recard before the notary public is the same record
622 in which the remotely-located individual made a statement or on which the remotely-located
623 individual executed a signature; and
624 (iv) the notary public, or a person acting on behalf of the notary public, creates an audio-
625 visual recording of the performance of the notarial act.
626 (b) A notary public physically located in the commonwealth may perform a notarial act
627 using communication technology for a remotely-located individual who is the principal in a
628 notarial act and is located outside the United States if the: (i) record: (A) is to be filed with or
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629 relates to a matter before a public official or court, governmental entity or other entity subject to
630 the jurisdiction of the United States; or(B) involves propei-ty located in the territorial jurisdiction
631 of the United States or a transaction substantially connected with the United States; and(ii) act of
632 making the statement or signing the record is not prohibited by the foreign state in which the
633 remotely-located individual is located.
634 (c) A notary public shall not use communication technology to notarize a record related
635 to the electoral process, or a will, codicil or document purporting to be a will or codicil.
636 (d) Before a notary public performs the notary public's initial notarization using
637 communication technology, the notary public shall: (i)register as a remote notary with the state
638 secretary; (ii) inform the state secretary that the notary public intends to perfonn remote
639 notarizations; and(iii) identify the cominunication technology that the notary public will use.
640 The communication technology shall conform to the requirements of this chapter and any rules
641 adopted by the state secretary. The notice shall be submitted in the form prescribed by the state
642 secretary and shall: (A) include an afPirmation that the notary public has read and will comply
643 with this section and all rules adopted by the state secretaiy; (B)be accompanied by proof that
644 the notary public has successfully completed any training that may be required by the state
645 secretary; and(C) identify a usual place of business in the commonwealth or, if a foreign entity,
646 identify a registered agent, and in either case identify an address for service of process in
647 connection with a civil action or other proceeding.
648 (e) If a notarial act is performed pursuant to this section, the certificate of notarial act
649 required by section 15 shall indicate that the notarial act was performed remotely using
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650 communication technology and identify the venue for the notarial act as the county within the
651 commonwealth where the notary public was physically located while performing the notarial act.
652 (� A notary public, a guardian, conservator or agent of a notary public or a personal
653 representative of a deceased notary public shall retain the audio-visual recording created under
654 clause (iv) of subsection (a) ar cause the recording to be retained by a repository designated by
655 or on behalf of the person required to retain the recording. The recording shall be retained for 10
656 years after the recording is made.
657 (g) Upon request, the notary public shall make available electronic copies of the pertinent
658 entries in the electronic journal and provide access to any related audio-video communication
659 recordiiig to the following persons: (i) the parties to an electronic record notarized by the notary
660 public; (ii) the title insurer reviewing an insured transaction in the context of an audit of its agent,
661 if the agent conducted the electronic notarial act as an element of the insured transaction; and
662 (iii) any other persons pursuant to a subpoena, court order, law enforcement investigation or
663 other lawful inspection demand.
664 (h) The state secretary shall establish standards, in conformity with national standards, for
665 the use of communication technology and identity proofing by notaries public commissioned by
666 the commonwealth. The state secretary shall create and maintain a registry of communication
667 technology service providers who meet the established standards as certified by the
668 communication technology service provider. A notary public who uses communication
669 technology shall utilize communication technology and identity proofing from communication
670 technology service providers included on the state secretary's registiy.
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671 (i) The state secretary shall assess on each communication technology service provider
672 approved by the secretary an annual fee to be proportioned equally among registered providers.
673 The annual fee shall not exceed, in the aggregate, the actual and reasonable costs incurred by the
674 state secretary for administering the requirements imposed under this section. The costs may
675 include acquiring additional software and other such costs and expenses as determined by the
676 state secretary as reasonable and necessary to meet such requirements. The annual fee shall not
677 be greater than $500,000, in the aggregate.
678 (j) The secretary shall adopt rules regarding performance of the notarial act that: (i)
679 prescribe the means of performing a notarial act involving a remotely-located individual using
680 communication technology; (ii) establish standards for identity proofmg by means of credential
681 analysis using 1 or more commercially available automated software or hardware processes that,
682 consistent with sound commercial practices: (A) aid the notary public in verifying the
683 authenticity of the credential by analyzing the integrity of visual, physical or cryptographic
684 security features to indicate that the credential is not fraudulent or inappropriately modified; and
685 (B)use information held or published by the issuing source or authoritative source to confirm the
686 validity of credential details;provided, however, that the results of the credential analysis
687 process shall be provided to the notary public performing the notarial act; and (iii)provide for
688 the use of audio-video communication technology that: (A) allows the signal transmission to be
689 reasonably secure from interception, access or viewing by anyone other than the participants
690 communicating; (B)provides sufficient audio clarity and video resolution to enable the notary to
691 communicate with the remotely-located individual and any witness and to confirm the identity of
692 the remotely-located individual and any witness, as required, using identity proofing; and (C)
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693 meets tamper-evident technological requirements by the use of additional technology that
694 renders any subsequent change or modification to the electronic record evident.
695 (k) By allowing its communication technology or identity proofing to facilitate a notarial
696 act for a remotely-located individual or by providing storage of the audio-visual recording
697 created under clause (iv) of subsection(a), the provider of the communication technology,
698 identity proo�ng or storage shall appoint the state secretary as the provider's agent for service of
699 process in any civil action in the commonwealth related to the notarial act.
700 (1) With respect to notarial acts conducted during a closing, as defined in section 46E of
701 chapter 221, the communication technology sha11 be engaged by the closing attorney with the
702 approval of the lender. Upon successful veri�cation of the identity of the remotely-located
703 individual by the notary as required by clause (i) of subsection (a), such attorney, or the attorney
704 directing or inanaging the closing who is directly supervising a non-attorney notary public, shall
705 enter and affirm the attorney's board of bar overseers registration number prior to the conduct of
706 the first notarial act. The communication technology shall record such information in a inanner
707 that is logically associated with the transaction and shall retain such information for the same
708 length of time and in the same manner as it retains all other information regarding the notarial
709 act.
710 (m) In addition to any coverage it elects to provide for individual notaries public, a
711 communication technology service provider shall provide maintenance of errors and omissions
712 insurance coverage in a total amount of not less than $250,000 in the annual aggregate with
713 respect to potential errors or omissions in or relating to the technology or processes provided by
714 the communication technology service provider. A notaiy public shall not be responsible for the
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715 sectu-ity of the systems used by the remotely-located individual or others to access the
716 notarization session.
717 (n) Prior to a notary public's initial notarization using communication technology, the
718 state secretary may require the notary public to complete a course, either in-person or online,
719 addressing the duties, obligations and technology requirements for conducting remote
720 notarizations offered by the state secretary or a vendor approved by the state secretary;provided,
721 however, that if such course is required the course's duration shall not exceed 3 hours. Each such
722 provider of communication technology shall make the in-person or online course generally
723 available to all applicants. Regardless of inembership in the provider's organization, the provider
724 shall charge each attendee the same cost for the course unless the course is provided in
725 conjunction with a regularly scheduled meeting of the provider's membership.
726 (o)Notwithstanding any general or special law to the contrary, with respect to any
727 document executed in the course of a closing, as defined in section 46E of chapter 221, involving
728 a mortgage or other conveyance of title to residential real property, only a notary public
729 appointed pursuant to this chapter who is an attoi-ney licensed to practice 1aw in the
730 commonwealth, or a non-attorney who is under the direct supervision of, or acting pursuant to a
731 direct request by, the attorney directing or managing the closing, sha11 perform an
732 acknowledginent, affirmation or other notarial act utilizing communication technology. The
733 notarial certificate affixed to any such document shall recite the board of bar overseers
734 registration number of the attorney notary, or of the supervising attorney for a document
735 notarized by a non-attorney.
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736 (p) The chief justice of the land cotu-t department may promulgate rules, orders,
737 guidelines and directives to implement this section and section 27 as said sections pertain to the
738 execution, acknowledgment and registration of documents affecting title to land whose title has
739 been registered and confirmed by the land court department pursuant to chapter 185.
740 Section 29. A notary public shall not use, sell ar offer to sell to another person or transfer
741 to another person for use or sale any personal information obtained under section 28 that
742 identifies a remotely-located individual, a witness to a remote notarization or a person named in
743 a record presented for remote notarization, except: (i) as necessary to facilitate performance of a
744 notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on
745 behalf of the individual or the transaction of which the record is a part; (iii) in accordance with
746 said section 28, including the rules adopted pursuant thereto; or(iv) in accordance with other
747 applicable federal or state law, or to comply with a lawful subpoena or court order.
748 SECTION 34. Item 7008-1116 of section 2 of chapter 41 of the acts of 2019, as most
749 recently amended by section 119 of chapter 126 of the acts of 2022, is hereby further amended
750 by striking out the figure "2023" and inserting in place thereof the following figure:- 2024.
751 SECTION 35. Said item 7008-1 ll 6 of said section 2 of said chapter 41, as most recently
752 amended by section 120 of said chapter 126, is hereby further amended by striking out the figure
753 "2023" and inserting in place thereof the following figure:- 2024.
754 SECTION 36. Section 13 of chapter 53 of the acts of 2020, as most recently amended by
755 section 15 of chapter 42 of the acts of 2022, is hereby further amended by strilcing out the words
756 "April 1, 2023" and inserting in place thereof the following words:- April 1, 2024.
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757 SECTION 37. Subsection (b) of section 2 of chapter 118 of the acts of 2020, as most
758 recently amended by section 19 of chapter 42 of the acts of 2022, is hereby further amended by
759 striking out the words "April 1, 2023" and inserting in place thereof the following words:- April
760 1, 2024.
761 SECTION 38. Section 19 of chapter 20 of the acts of 2021, as amended by section 27 of
762 chapter 42 of the acts of 2022, is hereby further amended by striking out the wards "April 1,
763 2023", each time they appear, and inserting in place thereof, in each instance, the following
764 words:- April 1, 2024.
765 SECTION 39. Section 23 of said chapter 20, as inost recently amended by section 3 of
766 chapter 107 of the acts of 2022, is hereby further amended by strilcing out the words "the
767 termination of the declaration that an einergency exists which is detrimental to the public health
768 declared by the governor on May 28, 2021 or until March 31, 2023, whichever is sooner" and
769 inserting in place thereof the following words:- March 31, 2024.
770 SECTION 40. Section 30A of said chapter 20, as amended by section 4 of said chapter
771 107, is hereby further amended by striking out the words "March 31, 2023" and inserting in
772 place thereof the following words:- March 31, 2025.
773 SECTION 4L Said chapter 20 is hereby further amended by striking out section 31A,
774 inserted by section 31 of chapter 42 of the acts of 2022, and inserting in place thereof the
775 following section:-
776 Section 31A. Section 27A shall take effect March 31, 2024.
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777 SECTION 42. Subsection (a) of section 132 of chapter 24 of the acts of 2021 is hereby
778 amended by strilcing out the words "2 members of the house of representatives, 1 of whom shall
779 be appointed by the house minority leader; 2 members of the senate" and inserting in place
780 thereof the following words:- 3 members of the house of representatives, 1 of whom shall be
781 appointed by the house minority leader; 3 members of the senate.
782 SECTION 43. Section 21 of chapter 76 of the acts of 2021 is hereby amended by striking
783 out the words "December 31, 2021", each time they appear, and inserting in place thereof, in
784 each instance, the following words:- June 30, 2023.
785 SECTION 44. Section 22 of said chapter 76 is hereby amended by strildng out the words
786 "December 31, 2021", both times they appear, and inserting in place thereof, in each instance,
787 the following words:- Apri130, 2023.
788 SECTION 45. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby
789 amended by st�-iking out the words "December 31, 2022" and inserting in place thereof the
790 following words:- June 30, 2023.
791 SECTION 46. Section 89 of said chapter 102 is hereby amended by striking out the
792 words "Decelnber 3 l, 2022", inserted by section 11 of chapter 22 of the acts of 2022, each time
793 they appear, and inserting in place thereof, in each instance, the following words:- November 15,
794 2023.
795 SECTION 47. The first paragraph of subsection (a) of section 26 of chapter 22 of the acts
796 of 2022 is hereby amended by inserting after the first sentence the following 2 sentences:- For
797 the purposes of this section, "remote participation" shall mean participation that is: (i) fully
798 remote in which only remote participation is authorized; or(ii) hybrid in which both in-person
38 of 49
799 participation and remote participation are authorized. Any request submitted by a town
800 moderator for a remote town meeting under this section shall state if the proposed remote
801 participation will be fully remote or hybrid.
802 SECTION 48. Chapter 22 of the acts of 2022 is hereby amended by striking out sectioil
803 41 and inserting in place thereof the following section:-
804 SECTION 4 L Sections 12, 24 and 27 are hereby repealed.
805 SECTlON 49. Said chapter 22 is hereby further amended by inserting after section 41 the
806 following 2 sections:-
807 SECTION 41A. Sections 15 and 26 are hereby repealed.
808 SECTION 41B. Section 25 is hereby repealed.
809 SECTION 50. Said chapter 22 is hereby further amended by inserting after section 44 the
810 following 2 sections:-
8ll SECTION 44A. Section 41B shall talce effect on March 31, 2024.
812 SECTION 44B. Section 41A shall talce effect on March 31, 2025.
813 SECTION 51. Subsection (d) of section 2 of chapter 76 of the acts of 2022 is hereby
814 amended by striking out the words "March 1, 2023" and inserting in place thereof the following
815 words:- December 31, 2023.
816 SECTION 52. Paragraph (3) of subsection (b) of section 1 of chapter 77 of the acts of
817 2022 is hereby amended by striking out the words "June 1, 2022" and inserting in place thereof
818 the following words:- June l, 2023.
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819 SECTION 53. Item 7004-0101 of section 2 of chapter 126 of the acts of 2022 is hereby
820 amended by adding the following words:- provided further, that the department of housing and
821 community development shall coordinate with the division of inedical assistance and the
822 department of transitional assistance to verify the eligibility of families applying for entry into
823 the emergency shelter system; and provided further, that the department of housing and
824 community development shall report to the house and senate committees on ways and means
825 monthly: (i) the number of migrant families presenting to field offices; (ii) number of individual
826 persons presenting to field offices; (iii)hours at which said persons and families are presenting at
827 field offices; (iv) the number of persons turned away from said field offices; (v) the length and
828 duration of an intake visit before an individual is moved to a placement, temporary or otherwise;
829 and (vi) which agency, if any, including, but not limited to, the department of transitional
830 assistance and the division of inedical assistance, assisted in each intake.
831 SECTION 54. Item 7004-0108 of said section 2 of said chapter 126 is hereby amended
832 by striking out the ward "annually" and inserting in place thereof the following words:- annually;
833 and provided further, that the secretary of housing and economic development may transfer
834 funds between items 7004-0108 and 7004-0101; and provided further, that the secretary of
835 housing and economic development shall notify the house and senate committees on ways and
836 means not less than 14 days in advance of any such transfer.
837 SECTION 55. Item 7010-1192 of said section 2 of said chapter 126 is hereby amended
838 by striking out the words "improvements at the Wildwood school" and inserting in place thereof
839 the following words:- school improvements.
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840 SECTION 56. Subsection (b) of section 165 of said chapter 126 is hereby amended by
841 striking out the words "April 15, 2023" and inserting in place thereof the following words:-
842 September 30, 2023.
843 SECTION 57. Section 168 of said chapter 126 is hereby amended by striking out the
844 words "March 31, 2023r" and inserting in place thereof the following words:- December 31,
845 2023.
846 SECTION 58. Subsection (h) of section 60 of chapter 176 of the acts of 2022 is hereby
847 amended by striking out the words "March 31, 2023" and inserting in place thereof the following
848 words:- June 30, 2023.
849 SECTION 59. Section 87 of chapter 177 of the acts of 2022 is hereby amended by
850 striking out the figure "23" and inserting in place thereof the following figure:- 32.
851 SECTION 60. Item 1599-6063 of section 2A of chapter 268 of the acts of 2022 is hereby
852 amended by striking out the words "provided further, that not less than $150,000 shall be
853 expended for improvements to Charlesgate Parlc in Boston" and inserting in place thereof the
854 following words:-provided further, that not less than $150,000 shall be expended to the
855 Charlesgate Alliance for the purpose of making improvements to Charlesgate park in Boston.
856 SECTION 6L Item 1599-6077 of said section 2A of said chapter 268 is hereby amended
857 by striking out the words "provided further, that not less than $50,000 shall be expended for the
858 Fenway Cares Mutual Aid Initiative, including administrative costs, to distribute fresh food and
859 personal protective equipment to food-insecure residents in Boston" and inserting in place
860 thereof the following words:-provided further, that not less than $50,000 sha11 be expended to
861 Fenway Civic Association for the purpose of funding the Fenway Cares Mutual Aid Initiative,
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862 including administrative costs, to distribute fresh food and personal protective equipment to
863 food-insecure residents of the Fenway neighborhood in the city of Boston.
864 SECTION 62. Item 1599-6088 of said section 2A of said chapter 268 is hereby amended
865 by striking out the words "provided further, that not less than $150,000 shall be expended for the
866 department of elementary and secondary education to aid in the disbursement of federal funds for
867 the Local Food for Schools Program" and inserting in place thereof the following words:-
868 provided further, that not less than $150,000 shall be expended to Massachusetts Farm to School
869 for the disbursement of federal funds for the Local Food for Schools Program.
870 SECTION 63. Item 1599-6089 of said section 2A of said chapter 268 is hereby amended
871 by striking out the words "provided, that if the Boston Landmarks Commission designates the
872 Nazzaro Community Center as a historical building then not less than $25,000,000 shall be
873 expended for Boston Centers &Families within the city of Boston for the construction of a new
874 community center within the North End section of Boston and not less than $5,000,000 of said
875 $25,000,000 shall be expended for the rehabilitation of Nazzaro Community Center in the North
876 End section of Boston for the future use by a non-profit" and inserting in place thereof the
877 following words:-provided, that not less than $20,000,000 shall be expended for Boston Centers
878 for Youth &Families in the city of Boston for the construction of a new coinmunity center in the
879 North End section of the city of Boston;provided further, that not less than $5,000,000 shall be
880 expended for the rehabilitation of the Nazzaro Community Center in the North End section of the
881 city of Boston for the future use by a non-profit, if the Boston Landmarks Commission
882 designates said Nazzaro Community Center as a historical building.
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883 SECTION 64. Item 1599-6090 of said section 2A of said chapter 268 is hereby amended
884 by striking out the words "provided further, that not less than $150,000 shall be a expended for
885 the establishment of regional transportation shuttle service between the town of Great Barrington
886 and Wassaic station in the town of Amenia, New York; provided further, that not less than
887 $100,000 shall be expended for Housatonic river water remediation efforts in the town of Great
888 Barrington" and inserting in place thereof the following words:- provided further, that not less
889 than $250,000 shall be expended for Housatonic river water remediation efforts in the town of
890 Great Banington.
891 SECTION 65. Item 4403-2001 of said section 2A of said chapter 268 is hereby amended
892 by striking out the words "for not more than 12 consecutive months".
893 SECTION 66. Notwithstanding section 25 of chapter 111C of the General Laws or any
894 other general or special law to the contrary, when a class I, II or V ambulance transports a patient
895 receiving care at the paramedic level of advanced life support, ambulance staffing shall satisfy
896 minimum required staffing standards; provided, however, that the ambulance shall be staffed
897 with at least 1 emergency medical technician who is at a minimum shall be certified at the
898 paramedic level, and 1 first responder, as defined in 105 CMR 171.000, who shall drive the
899 ambulance;provided, however, that"first responder" shall not include lifeguards.
900 SECTION 67. Notwithstanding section 7 of chapter 94C of the General Laws or any
901 other general ar special law to the contrary, and consistent with the commissioner of public
902 health's COVID-19 Public Health Emergency Order No. 2022-20 issued on November 14, 2022,
903 unlicensed staff of a community program that participates in the department of public health's
904 medication administration program may possess and administer prepackaged medications to
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905 individuals in such programs without first obtaining medication administration program
906 certification. Such possession and administration shall comply with guidance issued by the
907 department.
908 SECTION 68. Notwithstanding section 53 of chapter 111 of the General Laws or any
909 other general or special law to the contrary, and consistent with the commissioner of public
910 health's COVID-19 Public Health Emergency Order No. 2022-03 issued on January 14, 2022,
911 out-of-hospital dialysis units licensed pursuant to section S 1 A of said chapter 111 shall not be
912 required to have on site sufficient personnel to ensure a ratio of at least 1 direct patient care staff
913 member to every 3 patients, as long as the unit has sufficient direct care staff, who are trained in
914 dialysis care, available to meet the needs of the patients undergoing dialysis.
915 SECTION 69. Notwithstanding any general or special law to the contrary, the special
916 commission established in section 76 of chapter 154 of the acts of 2018 is hereby revived and
917 continued to April 30, 2023. The special commission shall file its fmdings and recommendations
918 pursuant to said section 76 of said chapter 154 with the clerks of the senate and the house of
919 representatives and the chairs of the senate and house cominittees on ways and means not later
920 than April 30, 2023.
921 SECTION 70. Notwithstanding any general or special law to the contrary, the special
922 legislative commission established in section 105 of chapter 253 of the acts of 2020 is hereby
923 revived and continued to Apri130, 2023. The special legislative commission shall file its findings
924 and recommendations pursuant to subsection (c) of said section 105 of said chapter 253 with the
925 clerks of the house of representatives and senate and the governor not later than Apri130, 2023.
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926 SECTION 7L Notwithstanding any general or special law to the cont�ary, the special
927 legislative commission established in section 108 of chapter 253 of the acts of 2020 is hereby
928 revived and continued to Apri130, 2023. The special legislative commission shall file its findings
929 and recommendations pursuant to subsection (d) of said section 108 of said chapter 253 with the
930 clerks of the house of representatives and senate and the governor not later than Apri130, 2023.
931 SECTION 72. (a)Notwithstanding any general or special law to the contrary, the special
932 legislative commission established in section 107 of chapter 253 of the acts of 2020 is hereby
933 revived and continued to May 31, 2024. The commission shall supplement its report dated March
934 30, 2022 with further recommendations, together with any draft legislation necessary to carry
935 those recommendations into effect,by filing the same with the governor, the speaker of the
936 house of representatives and the president of the senate and the clerks of the house of
937 representatives and the senate not later than May 31, 2024.
938 (b) Commission members shall be appointed consistent with subsection (b) of said
939 section 107 of said chapter 253.
940 SECTION 73. The special legislative commission established in section 93 of chapter
941 358 of the acts of 2020 is hereby revived and continued to August 1, 2024. The commission shall
942 submit its findings and recommendations pursuant to said section 93 of said chapter 358 to the
943 clerks of the senate and house of representatives and the joint committee on community
944 development and small business not later than August 1, 2024.
945 SECTION 74. Notwithstanding any general or special law to the contrary, the special
946 commission established in section 94 of chapter 358 of the acts of 2020 is hereby revived and
947 continued to Decelnber 31, 2024. The special colnmission shall file its findings and
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948 recommendations pursuant to said section 94 of said chapter 358 with the clerks of the senate
949 and the house of representatives, the chairs of the senate and house committees on ways and
950 means, the senate and house chairs of the joint committee on environment, natural resources and
951 agriculture and the house and senate chairs of the joint committee on telecommunications,
952 utilities and energy not later than December 31, 2024.
953 SECTION 75. Notwithstanding any general or special law to the contrary, the special
954 legislative commission established in chapter 74 of the acts of 2021 is hereby revived and
955 continued to Deceinber 31, 2024. The special commission shall file its findings and
956 recommendations pursuant to said chapter 74 with the clerks of the senate and the house of
957 representatives, the joint committee on children, families and persons with disabilities, the joint
958 committee on housing, the joint committee on education, the joint committee on community
959 development and small businesses, the joint committee on economic development and emerging
960 technologies, the joint committee on public health, the joint committee on racial equity, civil
961 rights, and inclusion and the senate and house committees on ways and means not later than
962 December 31, 2024.
963 SECTION 76. Notwithstanding any general or special law to the contrary, the executive
964 office of administration and finance shall transfer $250,000 from the startup costs for Revolution
965 250 related to the planning and celebration of the commonwealth's 250th anniversary of the
966 American Revolution established in itein 1599-6077 of section 2A of chapter 268 of the acts of
967 2022 to the Massachusetts Tourism Trust Fund established in section 13T of chapter 23A of the
968 General Laws.
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969 SECTION 77. Notwithstanding any general or special law to the contrary, to meet the
970 expenditures necessary in canying out section 3, the state treasurer shall, upon receipt of a
971 request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
972 by the governor from time to time but not exceeding, in the aggregate, $628,300,000. All bonds
973 issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth
974 Economic Revitalization, Community Development, and Housing Act of 2023", and shall be
975 issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
976 the general court pursuant to section 3 of Article LX1I of the Amendments to the Constitution;
977 provided,however, that all such bonds shall be payable not later than June 30, 2058. All interest
978 and payments on account of principal on such obligations shall be payable from the General
979 Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
980 any other provision of this act, be general obligations of the commonwealth.
981 SECTION 78. Notwithstanding any general or special law to the contrary, to meet the
982 expenditures necessary in carrying out section 3A, the state treasurer shall, upon receipt of a
983 request by the governar, issue and sell bonds of the commonwealth in an amount to be specified
984 by the governor from time to time but not exceeding, in the aggregate, $8,000,000. All bonds
985 issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth
986 Economic Revitalization, Community Development, and Housing Act of 2023", and shall be
987 issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
988 the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
989 provided, however, that all such bonds shall be payable not later than June 30, 2058. All interest
990 and payments on account of principal on such obligations shall be payable from the General
47 of 49
991 Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
992 any other provision of this act,be general obligations of the commonwealth.
993 SECTION 79. Notwithstanding any general or special law to the contrary, to meet the
994 expenditures necessary in carrying out section 3B, the state treasurer shall, upon receipt of a
995 request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
996 by the governor from time to time but not exceeding, in the aggregate, $104,000,000. All bonds
997 issued by the commonwealth, as aforesaid, shall be designated on their face "Commonwealth
998 Economic Revitalization, Community Developinent, and Housing Act of 2023", and shall be
999 issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
1000 the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution;
1001 provided,however, that all such bonds shall be payable not later than June 30, 2058. All interest
1002 and payments on account of principal on such obligations shall be payable from the General
1003 Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding
1004 any other provision of this act, be general obligations of the commonwealth.
1005 SECTION 80. The salaiy adjustments and other economic benefits authorized by the
1006 following collective bargaining agreements sha11 be effective for the purposes of section 7 of
1007 chapter 150E of the General Laws:
1008 between the Special Sheriff of Essex County and the Essex County Coi7ectional Officers
1009 Association, Unit SE2.
1 O10 SECTION 8 L Not later than January l, 2024: (i) the secretary of the commonwealth shall
1011 implement the regulations required by subsections (d), (h) and(j) of section 28 of chapter 222 of
1012 the General Laws, inserted by section 33; and(ii) the chief justice of the land court shall
48 of 49
1013 promulgate any rules, orders, guidelines and directives as permitted by subsection (p) of said
1014 section 28 of said chapter 222, inserted by said section 33.
1015 SECTION 82. Sections 66, 67 and 68 are hereby repealed.
1016 SECTION 83. Sections 19 and 21 shall tal�e effect as of March 31, 2023.
1017 SECTION 84. Sections 22 through 32, inclusive, shall take effect 90 days after the
1018 effective date of this act.
1019 SECTION 85. Sections 27 to 29, inclusive, of chapter 222 of the General Laws, as added
1020 by section 33, shall take effect on January l, 2024.
1021 SECTION 86. Section 46 shall take effect as of December 31, 2022.
1022 SECTION 87. Section 51 shall take effect as of March 1, 2023.
1023 SECTION 88. Section 52 shall take effect as of June l, 2022.
1024 SECTION 89. Section 82 shall take effect on November 10, 2023.
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i�� � � � ���� i u��s it��
;1/1�/22 12equ��t�ularrnitt�ci � 1/18/22 Reque�t submitted�
Engin��ring r�qu��t�cl rri�r� cl�t�il, Engineering requested more
,w�itin f�r � I� �u i��io , detail, waiting for new plan
vvaiting f�r ap�li�ant t� go ir� front of submission, waiting for applicant
�� ��r��ti�n C� i��i� (4/3��) 24�P,pr�22 10 1 to go in front of Conseruation
it � �ti�� �f ir�t��t�s t� r �� Comrnission vvith a notice of
�r t�k�� �I��e it ir� r�t�ct� int�nt as te proposed work takes
r��� ��� ���a�,
place vuithin pratected resource
ar�a�,
A��r�v�S�le�t �oa�rd I�I�etir�g . 2!6/2023; 2/13(2023, 2/27/2023,
i� t�� 27�Mar�23 0 0 3/2/2023, 3/8/2023
Eric Michelson submitted a
request letter an behalf of the
Lexington Retailers Association
to the �elect �oard Office far the
annual �iscovery �ay street fair
on 5/27, (P�Ii�� �OKy Fir���Ky '
��VVg TNIOg Engin��ring �
��ttl� Gr��n �onstru�ti�� rr�ay
i�n�act�id��rv�lk� anci
r��tiways irr th��r�� �
Ar�r�u�l Di���verlr D�}/ R��u��t� M�y 27�Mar�23 10 1 ,sicl�uv�lks tra k�e irrt��cted du�
27, 2 23 1 a � �3a p� to �x ar�sio �f t � � t�r
Streetscap� �r�j��t�n Meri�rri
Str�et, both sid�s of���ot�r�ci
al�r�g Edison Wasy Iirriiti�g us�
in th�se �reas; Fi�alth �
Terr��orary Fc��ci P�rrriits
r�quir�d for any f��d v�nclor�) �i
ERIC CONFIRME� 3/20
�'e�e �u�s
��I�ct �e��rc!Articl� �i��u��i�n �nc! 27�Mar�23 5 2
��iti� �
This.is to have a discussian
Discussi�n �n ���ign V9/ork a� 173 regarding design vuark needed fo
� for tr��t� icle 16 27�fVlar�23 10 2 comply with cade issues (fire,
�ecessibility, etc,)far any future
uses,
�iqu�r �e�en�� ��nasng� or i�ana��r�
��rtu��i°� R��t�ur�nt�, LL� d!b/� nat a hearing, does nat require
;��rtucci°s, 1777 M�ss�chu��tt� 27�I�ar�23 5 3 advertiserrrent (administerial
Av� � amendrr�ent)
�onservation Commissian;
T�wn IVlar�ag�r Corx�rxiitt�e Historical Cc�rrimissian, �o�rd af
��� �i�t � �� 29�Mar�23 0 0 Ass�ssors, Youth �ommissian
(terms ending on 3/31)
Gordon Jones III �eeking
>�I��t �o�rd Corrrrrritt�� reappointmer�t ta the Registrars
��� �int � t 29��l1ar�23 0 0 of Voter��terrr� expires on 3/31
(ready for agenda, }
�'e�e �u�,�
��I�ct ���rci�r�icl� Discussi�n and 29�IVIar�23 5 1
P�sitior�s
This has already been presented
�p�n S�a���nd Ft��r�ation �I�n �gs��r�23 15 2 to the Board in draft form and this
;A �rov�l is the final presentation seeking
approvaUletter of support.
IZ�vi��r�nd A�pr�v�2022 Toa�n ., .
�Vla�r��g�r Int�g�-�t�cl ��rforrrr�n�� 29�Mar�23 5 3 ���ievv and approve final
�vi� � Y23 �y I �r���� document
4/3/23 Date confirrned vuith
fvlarsha �aker fram the Lexingtan
Prelirr�inar� R�qu��t for Reenactrn�nt Histarical Saciety, to present their
of 200th Anniv�r��ry�f L�f�yett��� 3mApr�23 15 � ide��o have a Remenactment af
i�it t� �xi �on L�yfayette's visit to Lexington ot
the �aard , She plans to attend
th� mee�ing in per�an
Plan for next recruitment to fill
board or committee vacancies
PLACEHOLDER� �is�uss S�I��t after Annual Town Meeting; start
��arci C�rx�rnitt�e R�cruitrr��r�t fc�r discussion and process planning
ay 2023 P�ssi I� C� Itt�e 3mApr�23 10 3 for a possible in-person
I���ruitnnent Fair Event for 2024 recruitment fair to fill vacancies
on board and committees
(involvement and availability of
committees and/or chairs)
ATI� 2023 ��I�ct �o�rci A�ti�l�
3mApr�23 4
i�c ��i� � �siti� �
Request from �heila on 3/20:
There is a slight difference wi�h
these two requests: for Lincoln �a
tov�n�owned road ��nre have
9/�t�t� P�titi�n M�����T t� R�du�e conducted a speed study and
;th� 12�gulat�c! Sp��ci Lir�nit frorn 35 have jusfifi�d the requesf� The
� to 3 � i ��I tr��t �elecf Board needs to uote the
��t�r��n Mieicil�kay ar�cl �ueiub�ng suggested speed reduction and
V�t�t� ��titi�r� a���C� T t� � u�� 3mApr�23 10 5 to vof�fo pefitian Mass�OT for
the r�ductian,
th� R�gulat�ci ����d Lirr�it fr�rrt 40
NIP'Fi t� 30 IYIPFi c�n IOAarr�tt fr�r�r fV�alt Far IVlarrett which i� st�te�ovvned,
t� all�r� ;the Select oard will be vating to
request Mass[JOT to conduct
their own engir�eering speed
study to r�duce the �peed limif,
The �alicy requires a review every
' three years by a Committee
;A���int�h� P�rrrian�nt �uilcling appointed by the Select�oard and
' o itt��� �t2ai � I� ,5chool Committee. The School
L�xin�ton Corrrt�t-eitt��t� ll�aciat� the 3mApr�23 �, � Committee has been asked ta
I t� r �� ��i n �n C�n�tr �ti�n appoint the �ermanent�uilding
'Committee and Sustainable
F'oli�y Lexington to work on the update.The
' Select�oard also needs to take a
' vote to appoirrt.
' Minuteman Cane Award;
A�prove�nc! �igr��►wards f�r 10�A r�23 0 a Outstanding Youth of Lexington
Patri�ts" �ay 2023 p ;Award (to be signed prior to
;awarding at Patriots' Day)
Ap�rov��nd Sign Pr��l�rriation�.� National Library Week 4/23�4/29;
�ti� �I ibr ��k9 r�or �ys Arbor Day 4(28; Rl�tional Gun
�tio al r� Yiol�n�� �r� ��� 10��,pr�23 0 0 Vialence Awareness �ay 6/2/first
Friday in June (annual
D�y proclamations}
I�I��� I�ol����A��rcav���I��t t3��rd
fVl���ing IVlinut�� 10�Apr�23 d 0
This will be the quarteriy ARF'A
requ�st coming befare the Sel�ct
Board for decision making as per
;�►RPA F�tequest�/D�ci�ior�s 10�Apr�23 20 1 ;previous discussions. This includes
;th�presentatio� on participatary
budget and the highest vated
' ' ' ' 'projects with recommendatians.
A I M ZUZ3 5elect 13oard Article
Discussion and Positions 10�Apr�23 5 2
This request is ta incre�se th�
�moun��h� D��/V may spend
from $75,000 to $120,000 far the
Center Recreation Are� as
mifiga�ion for replacing the pine
Request to Increase Appropriation for tr��s tha�were remaved, Under
;the Lexington Tree Fund Revolving 10�Apr�23 10 3 ��ate Lauv, with the Select Board
Fund/Decision and Appropriatian Committee
�Pproval, fhe �ppropriation can
be increased abcave what�nras
�Pprov�d by Tr�v�rn Meefing
($75,000), The current ba,l�nce of
the Tree Fu�rd is $350,000,
As per the 3l24 weekly update,
the Fire �epartment has received
Fir� ���artrn�nt ��n�tion � 10mP� rm23 5 4 �9ift of cash tr� purchase a pulbic
;Autho�izatic�n to Ex��nci Gift p ,safety drone and is �eeking �he
�elect oard's approv�l tca
expend fhe funds,
Affordable Housing Trust
apProved at Town Meeting;
recruitment is in place for
C�i�s�ler�Aff�rd�ble Fiou�ir�g T�ust members of the Trust- to be
Study C�rnrnitt��e� �4�Apr�23 0 a dissolved once Trust has been
;established (outstanding minutes
;were requested by the Town
Clerk's Office on 3/3)
2022 licenses expire on 5/1 -
Lirrr�u�in� Lic�r��� 12�n�vv�als 24�Apr�23 0 0 Boyadjian Limausine Service;
D&O Limo LLC d/b/a D&O Limo
Todd Cafald� has worked vuiYh
Planning ar�d Engine�ring on
Tiff�rvy W�}/ E���rri�nts 24�Apr�23 10 1 e�sem�nts for Tiff�ny Way�nd is
re�dy to request thaf fhe Selecf
�oard a�ccept the easements,
"' WaiYing on Veriz�n to submit a
�I���h�ld�r Gr�nt of L���tion � petifion to move a pole this is
Eer�rs�urc�� Pelh�rn R��d 24�Apr�23 10 2 related ta the canduit vvork
Eversouree has a pe�itian
submitt�d for
As part af the praposal of�dding '
a roundabau�af the
Harrington/Har�cock(�edford
S�reet In�ersection partion of the
�affle �reen Master Plan
required Yhe Touv ab�aining a
;A����t E���rrt�nt Fr�rri th� fVla�on� ,small eas�ment fram the Mason's
� � �f t � ttl� r�� 24�Apr�23 15 3 at the carner of Hancack and
,Str�����ap� (Round�l�out} �edford �tr�et, Town Gaun�el
' ' ' 'has worked �nrith the Tawn
Engineer ar�d the f�la�on� and fhe
easement document and pl�n are
ready for review/approval by the
ieleef �oard,
This i�to amend the iolid Wa�te
I�egulations to all the Select
12��ider�ti�l S�lid �A/ast� Regulati�n 24�Apr�23 15 4 �Qard to set a fee for curbside
Arrti�r�drri�nt �is�u�si�n pickup of bulky items and whi�e
goods and to adopt fees st�rting
on July 1, 2023,
Presentation o� the re�ult� of the
Tree Canopy Study sm not ready
;Tr�� C�r�o�y atuc�y 24�Apr�23 20 5 ¢or 3/8 meeting because the Tree
Committe�will no�diseuss Yhis
tapic �antil 3/9 meeting
'PLACEHOLDER� Pr�ser�tation � Jill confirmed with CW that group
�taterr��nt of Concern f�r Lexingtones 24�Apr�23 20 � will do the outreach and then
�r��� come to the Board in April after
TM to present. (email 1/18)
Kelly spake with fVlaggie Peard
who uvas at a Sustainability
PLACEHOLDER FOR POST-ATM � meefing with IViark Sandeen on
24�Apr�23 15 11/15 and he suggested she
�r y �� isclo�ur� lJ�d�t� ;come to a S rneeting in Jan/F�b
to upd�t� on the energy use
disclosure
Maggie �eard vvill provide an
PLACEHOLDER FOR POST-ATM � update c�n where the Tawn is in
r�� V�hicle �olicy ��t� 24�Apr�23 15 tracking the vehicle type and
replacement
R��rg�rtiz�ti�n af the �o�rd �Ar�nu�l IThe Chairman of the Board is '
Upd�te t� ��I��t ���rd Liai�on 8mf�ay�23 10 � ;elected annually after the dissolution
�►ssigr�rri�nts ;of the Annual Town Meeting
This is to amend the �olid W�ste
Regulations to all the Select
R��id�ntial ac�lid 16V��t� Regul�ti�n �oard to set a fee for curbside
;Arrti�neirr��nt V�t� 8mf�llay�23 10 pickup of bulky items and white
goods and to adopt fees starting
on July 1, 2023,
E � isc s� e �it �arolyn suggested that we add
Lo��tion(s}f�r Ch�rital�le Fund� this to �n agenda far discussion
� ate t�T� n for 0e �r� It°s 8ml��y�23 15 ;to vote to direct all funds ta one
���C��� �O at°' �3��C2
, The policy adopted by the Select
�oard and School Committee in
2020 requires that the Select
�oard and School Commitfee
jointly appoint� Committee to
Di��u��ir�r� �n e�t��lishirrg � revievv fhe policy every three
�ornrnitt��tca r�e�i�vv th� Int�gr�tec! years (2Q23 is the third year}, Th�
uil i �si � d ���rstru�ti� �mMay�23 10 Select �oard should vate to
�li�y ;cr�ate the Comrnittee and then
invite the School �ommittee into
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This is related to the Touvn
Manag�r's request ta h�ve a
�i�����igi� �� ������it� discussian on developing a
� � � rt P�II�y 8mM�y�23 30 community�ngagement policy Ya
provide clearer guidance to staff
moving forward �r� meet the 5�
expectatior�s,
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the Sel�ct �oard'� preference on
establishing a pracess to update
;Discuss 11�d�t�t�th� Integratecl ;the Integrated �uilding Design &
�uildir�g D�sign �C�n�tructicrn 8mfi�ay�23 10 Con�tructiorr �olicy, The Policy
��licy adopted in 2019 recammended
that if be updated every three
years and it's 2022 (2022�2019 =
3},
Jeff Hovvey submitted reque�t on
R�c�u��t for S�I��t �ca�rc! appr�v�l for 2/6/23 seeking to come befc�re
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f�r the Stone �uilding to be
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J�int Nl��ting with School C�mnnitt��, ,
��I��t �oard, C�pit�l Exp�nditur�� This joint meeting is to discuss the
��rr�rr�itt���nd Ap�ro�riati�n 15�May�23 120 1 ;future use of 173 Bedford Street '
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The Town of Lexi ngton
Cu Itu ra I District Assessment
�������
This report is for the Town of Lexington, the many staff and volunteers who will create and
maintain a lively and viable cultural asset for the Town, its residents, and its visitors. The report
documents the current conditions, the committee's plans, and the observations and
recommendations of Mass Cultural Council staff and the Cultural District Program site advisor.
Specifically, Mass Cultural Council Cultural Districts "shall attract artists and cultural enterprises
to a community, encourage business and job development, establish tourist destinations,
preserve and reuse historic buildings, enhance property values and foster local cultural
development. "
Successful cultural districts are built on understanding, connecting, and leveraging an
ecosystem of physical, organizational, and programmatic assets. The Mass Cultural Council
program identifies three foundational characteristics:
1. a navigable, welcoming, and defined physical plan with a mix of cultural (very broadly
defined) physical assets,
2. a collaborative organizational model grounded in the local area and including a multi-
sector of types of partners, and
3. open and authentic programming that highlights the District's character and engages
residents, workers, and visitors.
The Mass Cultural Council framework guides this assessment. The observations reflect a review
of the application, meetings, a site visit, additional bench research, and experience with other
cultural districts. The first section, Strengths, assesses the proposed plan and current
conditions. Strengths are points of excellence. The following section, Recommendations-
Opportunities & Challenges, includes recommendations on tactics and priorities. The district's
management may decide to identify strategies and clarify its work plan to address these
2 � V:� �� �„ �m
recommendations. A third section creates a checklist of action steps, and a final section
includes additional resources.
���N��` �����
..l��r�� TI ��r� c�� Il....��ii n��¢�in� �)�s�;ir ii���ii�ir�
The Town of Lexington is a suburban community located fifteen miles northwest of Boston. The
Town is easily accessible from multiple directions via Routes 93 or 95, Route 2, or Route 4. It is
noted for its colonial history and as a place where "history and the present are intertwined."
�u�lt�uu��l Ass��s
The Town has a mix of cultural and historical assets. It has four historic districts, multiple
historic sites, and well-maintained and programmed historic facilities. Lexington shares the
Minute Man National Park with Concord and Lincoln and is a significant tourist attraction for
visitors interested in the battles of the American Revolution. The Town has a diverse cultural
community of artists anchored by art galleries, a cultural center, performance spaces,
museums, and festivals. Art schools and festivals are organized by the diverse communities
within the town.
�iisi�in
The vision for the cultural district is to improve upon the existing assets and foster collaboration
among all the cultural organizations.
����s
The goals of the district per the Select Board Resolution are to:
1. Attract artists and cultural enterprises
2. Encourage business and job development
3. Establish tourist destinations
4. Preserve and reuse historic buildings
5. Enhance property values
6. Foster local cultural development
I���uind�iriies
Mass Ave from Hastings Park to Pleasant Street. The stretch of Mass Ave includes Lexington's
main street with significant historical and cultural sites, restaurants, shops, and public spaces. It
is a little over three miles.
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..�..Ih� fir��i�ru 6�'I�u� f�«r tl�� O�irs� sia� �nc��t�us
To promote the district within Lexington:
• Using the Town's website and email newsletter
• Planning a public ribbon-cutting ceremony to open the district
• Publishing press releases announcing the opening of the district in local news outlets as
well as conducting outreach to partners to share widely in their networks.
�tr����t�� �,���� �r��������i�t���t
6�'ll�c� �in�' �plhysuc�� �ss��s
The Town of Lexington has strong, well-maintained, and nationally recognized physical assets
and amenities that are a significant draw for local, national, and international tourists. The
unique historic assets are located in four historic overlay districts and include many National
Historic Landmarl<s that have a foundational place in the country's colonial history. Battle Green
and the surrounding area are the sites of the first Revolutionary War battle and a tourist
attraction with an international appeal. The proximate Buckman Tavern, the Hancock-Clarke
House, and the many historic homes that abut the Battle Green create a picturesque feel for
visitors and define the Town's character. Old Burying Ground and Simonds Cemetery are close
and form an easily accessible cluster.
Additional historical and cultural assets are within walking distance or a short trolly ride from
the Battle Green. Scottish Rite and Masonic Museum & Library is a unique cultural center with
distinctive exhibits and an auditorium. The Cary Library, a beautiful and well-used facility, hosts
and facilitates programming by many members of the Lexington community. The Depot was an
old train station and is now one of four buildings programmed by the Lexington Historical
Society.
Cary Hall is the site of civic and cultural programming throughout the year. The building
includes an auditorium and recital stage, was recently renovated, and is entirely handicap
accessible and air-conditioned.
Farther down Mass Ave, the district includes the Munroe Center for the Arts, Munroe Tavern,
and the Stone Building. The Munroe Center for the Arts is an art center filled with local artists,
exhibitions, and classrooms. The Munroe Tavern shares a site with the Historical Society
Archives and Research Center and the Munroe Tavern Gardens (Garden of Colonial Flowers, the
Wildflower Native Plant Garden, and the Rose Garden at Munroe Tavern.)
In May 2022, a Final Report of the Stone Building Feasibility/Reuse Committee recommended
that the building return "to its original purpose as a Lyceum, a place for learning and
engagement, updated for modern users, as the overarching concept for the building's reuse.
We envision a welcoming place where organizations and individuals connect and are inspired to
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create positive change in the local community and beyond." This redevelopment will create
another unique Town venue for a diverse, cultural programming agenda.
The Lexington Centre shops, restaurants, and well-designed town center create a walkable and
inviting commercial district. With its wide sidewalks, the Centre was recently redesigned, and
elements of the original design construct, "a public living room," were incorporated into the
new design's seating and public spaces.
Together with Memorial Park, these are spaces for formal and informal gatherings, fairs,
markets, and other events.
The Town also has many public parks, walking trails, and the Minute Man Bike Trail. The parks
have passive and active recreation spaces, including performing areas and infrastructure to
support programming. A public meeting place and a venue for concerts and other activities
complement Antony Parl<'s French formal garden. Accessing the Visitor Center and the Town
center from the bike trail is easy.
The Town's strong tourism focus strengthens these assets and makes them more accessible.
The Tourism Committee is vital to the Town's management and was instrumental in forming
the cultural district. A well-developed tourism infrastructure includes public bathrooms, Wi-Fi,
and a well-positioned and staffed visitor center.
4���r��ii�in�� ,S�r�uc:�u�r� � F�I�inr��iir�� Frarm�ev�r�rlc
The management structure for the cultural district is a partnership model consisting of local
organizations anchored by the Town's Economic Development Office. The partnering
organizations will identify individuals to represent them at quarterly meetings coordinated by
the "coordinator." The application specifies a broad group of cultural, civic, historical, and
commercial representatives and identifies the responsibilities of the coordinator, treasurer, and
potential task forces.
The Town is committed to "efforts to create, promote and sustain the LCD' once the cultural
district is in place. Specifically, they will appoint town officials to represent the Town within the
managing partnership and encourage participation by properties or businesses within the
district. The Town will deploy resources to market the district. The Town's website and email
distribution will promote the district, and existing marketing efforts will be directed at
marketing the district.
The committee's plan for the first six months focuses on web development, press and
marketing, and a public announcement.
�'�a����rr�u�n��oc Crss�ts
The Town's solid programming history includes various activities to attract historical audiences
and engage residents. The historical assets are nationally recognized, and the Town estimates
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5 � V:� �� �„ �m
that over 120,000 people visit annually. The Town has invested over$70 million in the
preservation of facilities. In tandem with these investments, they have developed and
encouraged significant programmatic amenities to accommodate these visitors. These
amenities include tour guides, historical programming that includes reenactments, parades and
exhibitions, a local trolley, and musical performances. There is also a staffed visitor information
center and retail store.
There are galleries, performances, open studios, artist studios, rehearsal spaces, and multiple
open spaces primarily used by residents. The Town's involvement, a strong culture of
volunteerism and engagement, and a wealth of local talent support these programs. The Town
actively supports the facilities and management necessary for these cultural resources.
Spectacle Management, a full-service facility and production company, produces family
programming at Cary Hall. Volunteers, like the Chamber of Commerce, the Lion's Club, and the
Monroe Cultural Center, host family-focused cultural festivals, readings, and classes. The Cary
Library connects the diverse communities of Lexington (Black, Korean, Japanese, and Indian) by
providing space for presentations, discussions, and classes.
Marketing and creative efforts to connect communities and programs are a strength of the
Lexington community. The Historical Society's program, Stitching Stories: Textiles in
Conversation, and the partnership with CVS are great examples of connecting history with
current artistic worl<with the goal of connecting cultural and historical audiences. The windows
project and the sculpture outside the Monroe Art Center are additional examples of bringing
art out to the street to increase the visibility of cultural assets to the general public.
����������t��r�s- ����������,s �°��11�� ��
The committee has submitted a clearly articulated application outlining the available assets,
programming, and marketing strategies. This report's recommendations focus on informing and
directing action and strategy to build a coordinated short-term plan for achieving these goals.
They provide a foundation to support the long-term goal: a rich cultural resource for town
residents, businesses, and visitors.
1...�����rd, d�t�iil, �r��d �ri�irii�i�.� �Ih� �c���s ���rr����' iiin th�� S�I��� I�c��r�' r�s�lu�tii�r�
The district's goals identified by the Select Board are an excellent start. Still, to be the basis for a
solid and effective strategy, the Community Managing Partnership (CMP) should convene a
meeting to delve more deeply into making the goals helpful in setting the strategy and creating
actionable plans. A more deeply developed set of goals based on a shared set of community
priorities will be vital to the CMP developing an action plan that extends past the next six
months.
At the meeting, the CMP should review each goal. Each goal starts with a verb that implies
action. The next step is to assign a responsible entity. While remaining accountable to the
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Select Board, the CMP must identify organizational partners who can take the lead and help
carry out the agenda. With leadership established, the group should agree on a clear definition
of success that includes why it is crucial. With this in hand, the CMP will be prepared to set a
timeframe, establish metrics for success, and outline action steps.
During our community conversation at the Cary Library, almost all speakers identified
increasing collaboration as the desired outcome of a cultural district. The common thread was
the "hope the district will help to move organizations from silos to collaboration." More
collaboration can be very beneficial to the successful functioning of a cultural district. The CMP
should consider adding a goal that addresses improved collaboration.
The final step should be looking at the goals as a group and considering how they connect,
where synergies exist, and whether it is essential to prioritize goals for the next twelve months.
CMP should develop and make public a written plan to guide the CMP for the next twelve
months. This expanded plan would add to and expand the Action Plan presented in the
application.
�..R�uiil�' ��I��b�r��ii�in �y I�r��d�r��iirr� �r��' .st�r�in��lh�inin�� t�h�� in�f��rm��l rr�e�vv�irl�s
th�irc��u�h� f�irim�l �c�m�m�u�n�ic��ii�in �in�' �int�r��i�an�l str����ii�s frc�r �rr����irm�int
The meetings and discussions focused on the benefits of the diverse communities currently
contributing to Lexington's vibrancy. This focus directly aligns with the Mass Cultural Council's
core principle that: "culture embraces everyone" and actively works to break down barriers to
participation. It is an important goal to address early in establishing the district. It can set
essential precedents for how programming is developed and what are the best methods of
outreach to ensure inclusive programming.
To strengthen the role of diverse communities in the district, the CMP should begin by
understanding Lexington's current population. In 2021, the Town's population of 34,071 was
61%white, and the second largest demographic was 32%Asian. Another lens on Town
diversity states that 29% of the population was born outside the US. Another indicator of
diversity that lool<s at neighborhood segregation (the mixture of different races and ethnicities
living close to one another) gives Lexington a "diversity score" of 88 out of 100, indicating that
how people live in Lexington is much more diverse than other communities.
This data provides a point-in-time perspective that can guide the development of a survey. A
survey can help the CMP better understand the different communities. Direct questions can
add depth of understanding to who is included in the subgroups and what they need.
Surveying the community and building a comprehensive database of what organizations exist,
what programming is happening, and who participates will be an excellent foundation for the
CMP's work.
Understanding the current demographics combined with the findings from the survey, the CMP
should broaden its membership and ensure that its communications strategies reach a diverse
constituency. The marketing and communication plans can be more inclusive by deliberately
including the broadest, most comprehensive programming information. Information about
participation can inform ideas for new programs.
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Marketing of existing programs should highlight the place of Lexington's diverse communities
and encourage new programs that tell new stories.
The informal networks and connections that exist can be the foundation for diverse, inclusive,
and welcoming programming. The CMP can institutionalize and formalize these new
relationships with changes in its membership, marketing, communication, and programming
strategies. The CMP should be intentional about being inclusive and developing ways to ensure
it reaches the widest audiences possible.
�.. Enlh��n�� tlh� ""S�o�s� r�f 6�'���:��� t� r�u��� t�lh� �'i.s�ri�� .st�nd �u� �y �x��r�doo°���; ��q� ��..
�ir�r�diin� �f��c�rt �c� �Ih� stir��������, ��y�ir���iin��� �ir�d ��t�vv�ys
Lexington is a beautiful place and plays a significant role in the Commonwealth's tourism
ecology. The Town Center and the area up and down Mass Ave have a fabulous streetscape
with a welcoming feel for pedestrians. The surrounding area, with historic, stately hvmes and
green spaces, is beautiful. The Town recently completed a re-branding effort, and this work
should be revisited to consider how to translate the messaging into physical elements.
Specifically, they should address branding opportunities for seasonal planting, gateways,
wayfinding, and lighting efforts. The Town should consider how working with artists could
elevate and distinguish these efforts. It should also take steps to formalize these relationships
by developing a town-wide public art program.
The Town already has a landscaping program, seasonal decorations, and lighting that can be a
foundation for more enhancements. Applying the marketing colors and logos to the streetscape
landscaping and decorations design is a way to mark the geographic area visually. Distinctive
colors, consistent with the brand, and flower types used in hanging baskets and street planters,
can further identify the district to visitors. The street planters can also be branded with the
logo, and seasonal lighting can include iterations of the logo.
A consistent, town-wide wayfinding system should be put in place. A plan should be developed
that identifies critical locations, is legible to pedestrians and vehicles, entices engagement, and
reinforces the Town's brand. For vehicle users, it should locate significant sites and parking. For
pedestrians, it should provide a context map with attraction site locations and information on
basic tourist amenities (the Visitor Center, bathrooms, and parking.) A digital, interactive sign
visible from the road at the Visitor's Center would reinforce the Center as a "hub." It could be a
dynamic way to attract attention to drivers and provide a comprehensive map, updated
information on trolleys, events, and even public art opportunities. If developed, the kiosk could
also host a parking app to facilitate visitor payment for parking for extended stays.
Consider identifying gateways to the district to brand the area and signal a welcoming place.
Most people visiting are coming by car, so the scale and location of gateways should
acknowledge this. The goal would be elements at the gateways that signal drivers that they are
entering a special place. They could be as simple as large branded ground planters or elaborate
branded signage. There should be additional signage on where to park for both short-term and
long-term parking.
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Lexington Cultural District Site Assessment Report-FINAL
8 � V:� �� �„ �m
The Minuteman Bike Trail is another entry point to the district and a significant opportunity for
attracting visitors. The signage at the bike trail intersection with Mariam Street at the Visitor's
Center is an excellent example of connecting the bikeway and its riders to the Town and historic
assets, like the Battle Green. There are opportunities for more programming and wayfinding to
connect the trail to the Town and build regional partnerships with local communities.
The CMP should build out programming that focuses on activating these connections. Programs
like the "Go Outdoors" should be reconceived to include the Town Center and other public
areas to create exhibitions that bring visitors along the trail and into the Town. The CMP should
also coordinate with its neighbors, Arlington and Bedford, to expand the program along a more
extended trail segment and consider developing joint marketing. Also, consider encouraging
the Town to support bike rentals or other bike amenities, secure bike parking, food truck, or
other temporary vending at this location to make it a "destination."
Enhancing the wayfinding at this location is also an opportunity. The Visitor's Center is an
excellent resource for bil<e riders who have decided to stop. The current fit-out of the exterior
spaces includes tables, chairs, and public restrooms. Signage encouraging bil<ers to stop and
take advantage of these facilities would also be helpful.
Local artists could play a role in the Town's placemal<ing efforts. They could be brought into
conversations and development of branding elements or develop distinctive landscaping
elements, gateways, and wayfinding. Many communities have used local artists to create
branding elements that are the foundation for wayfinding systems. Seasonal landscaping and
lighting programs are also opportunities to engage local artists and enhance the visual impact
of Town investment in decorative lighting.
The CMP should consider working with the Town's Local Cultural Council on the development
of a public art program. The first step would be establishing a public art plan that includes goals
and priorities, identifies sites and opportunities, confirms section guidelines and contracting,
and establishes maintenance. In combination, these efforts could build a sense of place that
establishes a visual identity that complements the Town's historical identity.
�-..Ex�p�ind c�ull�u�r�ll a�u�'i�n���.s �y I������in� t�� ..���vin".s hu.s��ri� �.ss�ts �r�� b��r��d by
Fa�c�usiin� c�r�� �r�r�d �x��insii�n�sP r���nr ��rc��ir�u�nm�ir��� �r�c�.sp �n�d �ultu�r�ll �.ss�t�s
The Town of Lexington has unique historical assets, including four historic districts and a history
of solid historical programming with a proven ability to attract audiences. In addition, they have
a powerful, recognizable brand. For the Lexington Cultural District to be thriving, the Town's
brand needs to extend to the Town's cultural programming and assets. The CMP needs to
extend and refine its marketing and branding to include all of the district's cultural resources.
One way to do this would be to add a cultural tagline to the new branding, "Make History in
Lexington." A specific marketing campaign that unites historical and cultural resources would
be essential to the Town's marketing strategy.
The CMP should solicit and encourage programming that adds a cultural lens to the historical
narrative where possible. This programming can be done through strategic grantmaking and
collaboration with the Local Cultural Council. Programming can add new artistic interpretations
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Lexington Cultural District Site Assessment Report-FINAL
9 � V:� �� �„ �m
to historic sites, present contemporary art in conjunction with historical exhibitions, or engage
artists to engage broadly in historic storytelling through public art installations. During the site
visit, some themes were mentioned or are in the planning stage.
The Town initiated the Stone Building Feasibility/ Reuse Committee to follow up on a prior
preservation report and "explore constructive reuse options. The SBFR Committee's
recommendations for a 215t Century Lyceum, a place for historical interpretation, educational
programming, and community gatherings, have many merits. It could provide a new set of
programmatic options for the district and connect many of the threads in a way that builds out
Lexington's reputation as a cultural hub.
Like many suburban Boston communities, Route 128 fostered substantial growth. For
Lexington, this growth also included developing a unique set of mid-century housing
communities. Lexington is home to several historically significant modernist communities built
by notable architects. These neighborhoods include Six Moon Hill, Peacock Farm, Five Fields,
and Turning Mill/Middle Ridge. Creating programming focusing on the Town's mid-century
development could be an interesting addition to Lexington's story.
Wilson's Farm, located on the edge of the planned district, is a significant regional draw and
hub of activity. The unique history of the business and its place as a leader in sustainable, local
farming techniques could make it an exciting programming partner as the district considers new
programming themes.
�.. S���rP: �is�u�s�i�ins �r� Ih�a�nr t� in����r�t� tlh� ���rn�'s p�r�s �n�d n���ur�� ir�s�ur���
ir���� pll�n�n�iiin� f�ir �Ih� �ult�uir�l �ii�tri�t
Lexington has numerous parks, cemeteries, and green spaces easily accessible to the district.
For a visitor, the appeal of spending a day in the area can be enhanced by knowing there are
parks for picnics or nature walks. Promotional efforts and programming should focus on these
opportunities. Investment in these connections is an opportunity to provide programming for
tourists and locals.
The CMP should conduct an inventory of various natural resources as a foundation for
enhanced marketing and promotion. The district map should call out these resources, map bike
routes, and highlight the walking trails and cultural assets, like performance areas found in the
parks. The calendar that is developed should include all cultural programming in the parks and
public green spaces.
The CMP should expand cultural programming in parks and along walking paths. Temporary
outdoor artwork is a good programming strategy for outdoor public art and is easy to
implement. Siting public art in parks, along bike trails, and on the street can create a fun way to
signal that art and culture are integral to the Town.
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Lexington Cultural District Site Assessment Report-FINAL
10 � If� ,:� �� ��';�
��p�cu�I ..�..Ih�r�Iks
Congratulations, to the Town of Lexington, on your efforts to pursue a state-designated Cultural
district to honor and preserve your creative and cultural communities. Special thanks to local
and state representatives, Lexington's Economic Development Director, the Lexington Select
Board, the Tourism Committee, the Lexington Council for the Arts, the Managing Partners, and
community and organizational partners for successfully spearheading and supporting these
efforts.
[the remainder of this page is left blank intentionally]
Lauricella&Associates
Lexington Cultural District Site Assessment Report-FINAL
11 � If� ,:u �� ��;M��
�°�r ��������e�li���
1...�����ind, d�t�iilP �n�d ��ri�irii�ii�� �Ih� ���Is ��p�r��r�d ir� th�� �����t P���ird r���l�u�iic�in
� Review each goal and identify the primary partner.
� Add a goal specifically about collaborating.
� Assess relationships among goals and priorities.
� Expand and extend the timeframe for the action plan.
�.-B�uiil� ��I��bar��iic�in �ay �r����r7�iir7�� �in� .stir�in��lheinin�� �Ih� iri�fi�rr�n�l n�t��rks
th�ir���h� f�irim�l ��m�m�u�r7�ic��ii�in �in� iiint�nti�r��l �tr����ii�.� �rc�r �r7����irm�int
� Understand the current demographics of the Town
� Survey the community and build a database of organizations and programming.
� Broaden membership, programming, and marketing based on survey results.
� Institutionalize networks to ensure diverse participation.
3.. �nlh�inr:� tlh� '"Se�ins� �� I���c��" �� m���c� tlh� dis�ri�.� st�r�d �u� k�y �x��n�iiin� �h� ir�-
�ir�r�diin� �f�c�rt t� ��e stir���.s���p�o �ray�ir�diru�P �rud ������y.s
� Translate the branding/messaging into physical elements such as landscaping,
wayfinding, and gateways.
� Use branding and wayfinding to strengthen to reinforce the Visitor Center as a "hub"
connecting other assets throughout the Town.
� Extend existing programming to different parts of the Town and develop new
programs that are sited throughout the Town and strengthen the connections.
� Utilize local artists in these placemaking efforts and build a Town-wide public art
program.
�d..Ex�p�ind ��Il�u�r�0 ��u�'i�n���s I�y I��eir��in� t�� ..��vvin"s h�iis�c�irii� �s.s��s �in�' �r�in�' �y
f�c�usiin� c�n� I�r���d �x��in�ii�n�sP n��w pirc��irairnr�ru�ir��� tr��ks� �ind �u�l��uir�� �ss�t�s
� Add a cultural-centric tagline to the Town's marketing.
� Encourage the addition of cultural programming to historic assets.
� Use the Stone Building to connect the historical and cultural narratives that
distinguish Lexington and as the focal point for cultural programming.
� Create programming that focuses on the Town's mid-century architectural narrative.
� Develop a partnership with Wilson's Farm.
Lauricella&Associates
Lexington Cultural District Site Assessment Report-FINAL
12 � If� ,:u ��„ ��;�
�.. �t��� dis��ssic��s �ru Ih�av� ts� ir����r�t� tlh� �c��rru's ���I<s �r��' ru�t�uo��� r�s��u�c�s
irul�� p��ruruu�n� f�o� �I�� �ultur�l �'u�lri��
� Promote the Town's parks and recreational areas as part of the visitor experience.
� Conduct an inventory of the Town's natural resources as the first step in expanding
programming and promotion.
� Use temporary art installations as a first step in expanding cultural programs in the
parks.
[the remainder of this page is left blank intentionally]
Lauricella&Associates
Lexington Cultural District Site Assessment Report-FINAL
13 � If� ,:u �� ��;��.
���'�N���� ���������
���f�� R�sc��uir��.s
Access Policy/ Mass Cultural Council
II�.��.1A�.::.��.inr�.�,s:s c�!.II:�.�u,ir�.II��u�,i��ii.�.::�ir���c�s s::::�a��,ii.�.�
Resources
I���.1��.::.�/inrfl.�,ssc�!,Il:�.�u,ir�,ll�,�,�,i��ii.�.::�,ir��,�,inrfl,inrfl,u�,im ii.�.ii�,s,/,��u,ll�.�u,ir�,ll.:::�,ii s;�.irii.�,�s�,ir�,s�a�u,ir�,�.�../...
Statutory Language
V��� �. ��s���IIQu�U�Il��uu�uu��iiV.�air �c��rou�ou,uir�u�ii�s �u�V�u�uu��ll..�'iis��u��s s���u��a�ir �-V�u� u�u� �
...............1�.........��................................................................................4.................................�/................................................................../...................................................................................�..........................................Y...................�.............�....../
6:::��'���II��U��iic�n��ll
Cultural Districts Basics/Americans for the Arts
This page is no longer maintained but contains good materials and research.
II��� .s� ��rvv,�ir��u����������ll���ir�soa�ir Ib - ir� ��� ir� a�ir�.s...��n��'-�'��� �a��lllk��s ir�����u��ll...
...............1�.........��....................................................................................................................................................�/.......Y.....I�...........�..................../............�......................................................................�......................................�.............................................
��Il.�.u.s.��.�.:::�.�s�.��.��s.:::�����.ir�����.u�.11�a�.ir�.11.::::�p.s�o�����::::��s.���
Creative Placemaking/National Endowment for the Arts
A good inventory of creative placemaking projects.
I���.1P�.::.��vv�uw�.:�.ir�s.:.�.a��/ii.ir�.l��.��/�;.ir���ii.��.:.:.1�.����ir�.�.lkii.ir�.�����II.�.irii.im.�.-c�.�ir.-.���.im.
Data tips/Americans for the Arts
II�U:� s: Iblla� .�ir��irii��ir�s��ir�ll���ir�s.�air ��1�� �� �� �iiim�iiim ...I� -imu�irm�l��irs...11�a��nr...�ir�ii�s...��im-
................1�.........��................�.........................................................................................................................�..........................1............�.............�1�..............................�...........�..................r.............................................................................................................
.!�.�.�.:.:����..-�aa.-s�u..�.l.P....a�,ir�.:.:�II�.�:::�,ir�s
��Ih�r
The Global Cultural Districts Network (GCDN) is an international federation committed
to improving the quality of urban life through the contribution of the arts, culture, and
creative industries.
The membership network fosters cooperation and knowledge-sharing among those
responsible for creative and cultural districts and engages leaders in culture and in
urban development through convenings, research and collaborations in order to inform
global, local, and sectoral agendas.
Lauricella&Associates
Lexington Cultural District Site Assessment Report-FINAL
14 � If� ,:u �� ��;M��
,���.��.:����.�.�..:im,���
Two specific reports that I recommend are:
1. Branding Cultural Districts and Destinations
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2. IN SEARCH OF: The Social Impact of Cultural Districts— Emerging Principles for Social
Impact Evaluation
Ih��U: s„ ��ir�.m��� ir��'au�� Ibir�ir��iiir�n ...�u�ll�u�ir��-�ii��:irii��s-�ir�¢�-¢��sk�m���ii�ims
Lauricella&Associates
Lexington Cultural District Site Assessment Report-FINAL
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(page 52)
Art 14. Voted That we praceed ta chaase a Board of Health to consist of three persons,by ballat,and
that the polls remain open ten minutes. l7n ballot,the following persor�s urere declared elected
Franklin Alderrnan.pr. a.M. lawrence and Amos W. Lracke
After administering the oath of affice ta those wha had been chasen the moderator deciared the
meeting adjourned to Wednesday the 18 th_at 7.45_PM as pravided in Art 10,
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Committee Appointments
ITEM
PRESENTER: NUMBER:
Jill Hai, Select Board Chair
C.1
SUMMARY:
Category:Decision-Making
Auuointments•
HistoNical Commission
The Select Board is being asked to approve the appointment of David Kelland to the Historical Cominission
from a full member to an alternate member with a term that is set to expire March 31, 2026. State Contlict of
Interest Law Online Training is up-to-date.
The Board is also being asked to approve the appointment of Robert Rotberg from an alternate member to a
full member with a term that is set to expire March 31, 2026. State Conflict of Interest Law Online Training is
up-to-date.
SUGGESTED MOTION:
To appoint David Kelland as an alternate member and Robei-t Rotberg as a full member to the Historical
Commission with terms set to expire on March 31, 2026.
Move to approve the consent.
FOLLOW UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023
ATTACHMENTS:
Description Type
❑ �D.V��(ll�,sra:� �nrvaau[+/iie;nrur
❑ lf$.�ZQ^fl:dra.��n S znva�11N4,utu?
TOWN O��" LEXINGTON
APPLICATION FUR REAPPOINTMENT FOR BOARDlCOMMITTEE MEMBERSHIP
Board/Committee Lexingtan Historical Commission
of[nterest:
Full Name: �e��/�d �"����C�nd
Preferred Title n�1
(please circle):Mr./Ms./Mrs./Other'V'�
Hame Address:
Length af Residence ,�-,J� y���.�
in Lexingtan: ... ..._....�. ...__....... ......w...... ... .........._ . _ _......_
Current Occupatian: �etir�d
Work Address:
Phone Number(s): Home: Work:
Fax Number(s): �.��..M��e�.....��.�......�......_.......�
Email Address:
_.__,�.���.�......._w_.ww.,.,w........_,.,.w.,.,.,.,...
co�entS: Couldn't get in to Ethics training
Ethics Training Completed(if applicable): 'g'yes ❑ no
DateCompleted: ...._._._�..�.__.._...._,_....._,,,,,,,,,,,,,,_...,v.............,,�.......,,_a.,,,_w_..,_....M.M__..�....__.�.....
(If applicable) m�������
Mecnbers af Town boards and committees, as de�ned by the Canflict of Interest Law, M.G.L. c.
268A, must abide by the standards of canduct as set forth by the Massachusetts State Ethics
Cornrnission. Within 30 days af appointment, and annually thereafter, committee nnembers rnust
ackaiowledge receipt of the Sumrnary of the Canflicts af Interest Statute frorn the Town Clerk,
and thereafter must pravide docurnentation of biennial completian of the on-line training
required by the Canflict of Interest Statute. The law places respansibility for acknowledging
receipt of the summaries, and for campleting the antine trainirtg an the individual. You will be
provided additional information by the Town Clerk pertaining ta this law and recently enacted
education and training requirements.
Signature: DaVld KeI�aC�� Date:�IV�2OZ3
TOWN OF LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee
of Interest: Historical
Commission
Full Name: Robert I.
Rotberg
Preferred Title
(please circle):Mr./Ms./Mrs./Other Mr
Home Address:
Rd
Length of Residence
in Lexington: 53
years
Current Occupation:
professor
Work Address:
Phone Number(s): Home: Wark:
Fax Number(s):
Email
Comments:
Ethics Training Completed (if applicable): ❑ yes ❑ no
Date Completed:
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individuaL You will be
provided additional information by the Town Clerk pertaiuing to this law and recently enacted
education and training requirements.
Signature: Robert Rotberg, authorized signature
Date 3/8/2023
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Committee Reappointments
ITEM
PRESENTER: NUMBER:
Jill Hai, Select Board Chair
C.2
SUMMARY:
Category:Decision-Making
Rea�ointments:
Board ofAssessors
. The Select Board is being asked to approve the reappointment o£
• Casimir Groblewski- for a term that is set to expire April 30, 2026. State Conflict of Interest
Law Online Training is up-to-date.
• Gregory Johnson- for a term that is set to expire Apri130, 2026. State Conflict of Interest Law
Online Training is up-to-date.
Board of Health
• The Select Board is being asked to approve the reappointment o£
o Wendy Heiger-Bernays - for a term that is set to e�ire Apri130, 2026. State Conflict of Interest
Law Online Training is up-to-date.
o Susan Wolf-Fordham- for a term that is set to expire Apri130, 2026. State Conflict of Interest Law
Online Training is up-to-date.
Conservation
The Select Board is being asked to approve the reappointrnent of:
o Kevin Beuttell- for a term that is set to expire March 31, 2026. State Conflict of Interest Law
Online Training is up-to-date.
Hzstorical Commission
The Select Board is being asked to approve the reappointinent of.•
o Susan Bennett- for a term that is set to expire March 31, 2026. State Conflict of Interest Law
Online Training is up-to-date.
o Diane Pursley-for a term that is set to expire March 31, 2026. State Conflict of Interest Law
Online Training is up-to-date.
Youth Coinlnission
The Select Board is being asked to approve the reappoint�nent of.�
o Shannon DeGuglielmo - for a term that is set to e�pire Apri130, 2026. State Conflict of Interest
Law Online Training is up-to-date.
SUGGESTED MOTION:
To reappoint Casunu Groblewski and Gregory Johnson to the Board ofAssessors for a term set to expire
Apri130, 2026; Wendy Heiger-Bernays and Susan Wolf-Fordham to the Board of Health for a term set to
expire Apri130, 2026; Kevin Beuttell to the Conservation Commission for a teim set to expire March 31, 2026;
Susan Bennett and Diane Pursley to the Historical Comrnission for a term set to expire March 31, 2026 and
Shannon DeGuglielmo to the Youth Corntnission for a term set to expire Apri130, 2026.
Move to approve the consent.
FOLLOW UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023
ATTACHMENTS:
Description Type
❑ �..;�mi�rnrMc,�u�d:c �»dra,V:cepa fVlf�fld�°�ud7.M
❑ �p.J��rdu�7�s�sn ��a.ralkc��s IWd�bc^uus:rl
❑ �0%�dcug,c:u..p°uuuua��,,, ��a�vlk�zpFCWd°au9�°uu.�1
❑ �a.�Was11'V�ruall➢��ur� ��,�vl���U�N�aa�suu�r.1
❑ ll�.,ll'�;^�utta;lll a3,xa°d;tipA Mlaa�s^,uuzr.l
❑ °a.��c^r�uro�tt a�ar.a°d;npr Mlaa�a°uu��l
❑ ➢�.➢°u��;➢ti,�- o-�r.�°V;t:r�r 1�Nua�c;uuz�l
❑ `a.�A 4�u�„O,c°Ouu�s ���a;�t:r.p�Mfuabc°ouai:l
TOWN OF LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMIVIITTEE MEMBERSHIP
�oard/Committee goard of Assessors �
of Interest:
Fu1lNarne: ��simir R. Groblewski
Preferred Title
(please circle):Mr./Ms./Mrs./Other M r.
Home Address:
Length af l�esidence 4?►,,,� y,���.$
in Lexington:
Current Occupatian: ���������� �Q�9age Braker
Work Address:
Phone Number(s): Home: Work:
Fax N�rober(s):
Email Address:
Comments:
Ethics Training Completed(if applicable): �p yes ❑ no
Date Completed: January,2o2s
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the sta.ndards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Sta.tute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
2 , March 8, 2023
Signature: Date:
.
TUWN OF LEXINC�TON
APPLICATION FOR REAPP4INTMENT F()R BOARD/COMMITTEE MEMBERSH[P
Baard/Committee goard of Assessors
of Interest;
Full Name: Gregory A. Johnson
Preferred Title M r.
(please circle}:Mr./Ms./Mrs./Other.��.a...�..�..�..�.�.���.....�_..�_�._�.�a�.,.,���.m�._.�..�..,�_m..�_,�...�...�......�._...
Home Address:
� Length of Residence 33'�, YrS
in Lexington:
�urrent o��upat,on: Real Estate Appraiser
work Aa�eSS: Self Employed -
Phone Number(s): Home: Work:
Fax Number(s):
Email Address:
I am very interested and hopeful that I can be re-appointed to
Comments:
the Board, I enjoy it and we have a great team in place. Thank you
Ethics Training Completed(if applicable): p yes ❑ no
Ddte Completed: 7/16/2022
_ �. . .. .. .. .... .
(Tf applicable)
�
Members of Town boards and committees,as defined by the Conflict of Interest Law,M.G.L. c.
268A, must abide by the standards of conduct as set forth by#he Massachusetts State Ethics
Commission. Withiir 3Q days of appointment, and dnnually thereafter,committee members must
acknowledge receipt of the Summary of the Conflicts of interest Statutz from the Town Clerk,
and thereafter must provide docwnentation of biennial cornpletion of the on-line training
required by the Conflict of Interest Statutc.The law places respansibility for acknowledging
receipt of the suinmaries, and for completing the anline training on the individual. You will be
pravided additional information by the Town Ctcrk pertaining to this law and reccntly enacted
education and training requirements.
Si�nature: Date: .,3 l7 7 0 �-.
TOWN O�` LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee goard of Health
of Interest:
Fu„Nan,e: Wendy Heiger-Bernays, PhD
Preferred Title Professor or Dr.
(please circle):Mr./Ms./Mrs./Other
Home Address:
Length of Residence 31 yea rs
in Lexington:
cUrrent o��upat�on: Professor of Public Health
work adaress: Boston University School of Public Health
Phone Number(s): Home: Work:
Fax Number(s):
Email Address:
I am honored to continue serving on the Lexington Board of Health where
Comments:
I bring my professional expeAise to protection of the health of the people who live,work and play in Lexin9ton,
Ethics Training Completed (if applicable): ❑■ yes ❑ no
Date Completed: March 8,2023
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
Signature: �Qy�,���^aQ��� Date:�—v-23
TOWN OF LEX�NGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee goard of Health
of Interest:
Full Name: SUSaI� WOIf-Fordham
Preferred Title
(Please circle):Mr.�Ms./Mrs./Other M`�]'
Hame Address:
Length af Residence �� y��r$
in Lexington:
Adjund Facully-Public Heal�h,MA College of Pharmacy end Heallh Scrtgc�oes„Consullant,Associallon of Universily Cenlers on DisabiliGes
Current Occupatian:
Work Address:
Phone Number(s): Home: Work:
Fax Number(s):
Email Address:
comments: Attached please see my CV for your reference
Ethics Training Completed (if applicable): p■ yes ❑ no
Date Completed: 2/24/23
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training reyuirements.
s;gnature: Susan Wolf-Fordham Date:3/7/23
TOWN OF GEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee (,OC1S@NatlOn �:0171CT11SSIOCI
of Interest:
Fu�l Name: Kevin Beuttell
Preferred Title
(please circle):Mr./Ms./Mrs./Other M r.
Home Address:
Length of Residence 16 yrs.
in Lexington:
Current Occupation: SU�J@11/ISICIg LaC1C�SCaP@ AI'Chlt@Ct
Work Address:
Phone Number(s): Home Work:
Fax Number(s):
Email Address:
Comments:
looks like I'm recently overdue for ethics training. happy to
complete that after reappointment. thanks
Ethics Training Completed (if applicable): ❑O yes ❑ no
Date Completed: 2�z5�z�
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You will be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
Signature: �` Date:3/7/2�23
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TOWN OF LEX�NGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee Historical Commission
of Interest:
Diane Pursley
Full Name:
Preferred Title MS
(please circle):Mr./Ms./Mrs./Other
Hame Address:
Length af ResidenceSince 1999 (23 years)
in Lexington:
School Suppark Persannel
Current Occupation:
Lexington Public Schaals
Work Address:
Phone Number(s): Home: Work: �µ �_�_ __�_
Fax Number(s):
Email Address:
Comments:
Ethics Training Completed (if applicable): ❑■ yes ❑ no
Date Completed: .lanuary 2o2s
(If applicable)
Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c.
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission. Within 30 days of appointment, and annually thereafter, committee members must
acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk,
and thereafter must provide documentation of biennial completion of the on-line training
required by the Conflict of Interest Statute. The law places responsibility for acknowledging
receipt of the summaries, and for completing the online training on the individual. You�vill be
provided additional information by the Town Clerk pertaining to this law and recently enacted
education and training requirements.
Diane Pursley March 7, 2023
Signature: Date:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Cominittee Reappointment
ITEM
PRESENTER: NUMBER:
Jill Hai, Select Board Chair
C.3
SUMMARY:
Category:Decision-Making
Rea�ointment•
Registrars of I�oters
Gordon Jones III's term to the Registrar of Voters expired on March 31, 2023. A letter was sent to both the
Republican and Democratic Town Committees requesting nominations for consideration for appoinhnent. The
following nominations were submitted and sent to the Select Board:
. Gordon Jones III -Nominee from Democratic Town Committee
. No Nominees were submitted by the Republican Town Comtnittee
SUGGESTED MOTION:
To reappoint Gordon 7ones III to the Registrar of Voters for a term to expire on March 31, 2026.
Move to approve the consent.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023
ATTACHMENTS:
Description Type
❑ f�.�arsr�ci a�fllZa��u>tuar:�r>N�rurtiuuati4r�� 4i�srra:3�+rr��rs7�,, �z^va u 1W➢�,utr�
From: Margaret Coppe
Sent:Tuesday, March 21, 2023 6:28 AM
To: Kim Katzenback
Subject: Re: Response Requested by March 24, 2023- Request for Nominations for Registrar of Voters
The Lexington Democratic Town Committee is pleased to nominate Gordon Jones for
reappointment to the Lexington Board of Registrars for a term beginning April 1, 2023. He has
sent me the following resume.
������III ���
��iu.��iu��� �°����III�III��
��iu�� ���iii iu°�.� ���..�iii��
���....��III���iii iu �
I�� �. . .. :::,ri ��� ...�...� iu� �'��`��������.��.����
..����� . ��°w�u.� I���.�.�i �.`���� . ..
Gordon Jones
I received a BA. degree (magna cum laude) from Amherst
College in 1966 and was elected to Phi Beta Kappa. I received
an MA. from Harvard University in 1969 and a JD. from Suffolk
University Law School in 1986. While at Harvard, I was for four
years a Teaching Fellow in the Department of History.
After leaving Harvard, I worked for six years as a paralegal,
during the last four of which I attended law school at night.
After graduating from law school, I worked from 1986 to 2009
as an Litigation Associate at a number of Boston law firms,
including Goodwin, Procter and Hoar and Hutchins, Wheeler
and Dittmar. I retired from the law firm Nixon Peabody in 2009.
In retirement, I served for eight years as a driver for FISH,
transporting elderly people monthly to medical appointments. I
was also a member for eight years of the Steering Committee of
the Friends of Arlington's Great Meadow. Between 2013 and
2016, I was the Treasurer and for two years the Co-Chair of the
Lexington Democratic Town Committee. I have been a member
of the Board of Registrars since 2016 and have served for most
of that time as Chairman.
Thank you again for your help regarding my nomination for
reappointment to the Board. Let me know if there is anything
further that you need from me.
Gordon Jones
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2023 Annual Town Meeting- Select Board Article Discussion and Positions
ITEM
PRESENTER: NUMBER:
Board Discussion
I.1
SUMMARY:
Category:Decision-Making
The Select Board will discuss 2023 Annual Town Meeting articles as well as continue to take positions.
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023 6:40pm
ATTACHMENTS:
Description Type
❑ ,�+,�V�Iri V4�ua:?��c�u uurcu�uuclns��:;��9 ll.�a,ra°�;n�Ml�dcuutirl
❑ ,P+,���Di V4�;�u/\uu��nusinz��ari,u: ll.�s,ra°�;n�r 1'Vlf�fl��uarl
❑ ,��u4,1�°�4Ui U4�,snu���vi<,c°cll sanr��:ri,addu�,uut ll.3s�a,�;�r�s l�Vwqfl��uax1
❑ ;+,��°D�r II V��a�ru�lllne�ri4��u�°ndt ll��.ra,�;�r�s fVlfa�d��ua�1
❑ J��Gurc9c�bab4rns;p'a�a�,c,=��:;4:Q J�6��C+7f'I`a/�4;c;�aa;a.ianlw,�a�.>uru`w3�?f��3y ll:3a�a��;���r NGarod��ua�1
❑ �a1c�c�b�.�sab�a:��r��nikrnu�n ICAra;��usra:,�ru �'�or9utirc�n,J�D2;�r"�'�'C+I ll::�aqa�V;u�r n�G�ab4,rc���i
LEXINGTON TOWN MEETING AMENDMENT FORM
ARTICLE NUMBER: 10i DATE: 03/27/2023
�� Jeanne Krieger
move to Amend the Motion
by adding the following:
and further, only natural grass turf will be installed in the Lincoln Field improvements.
Examples of text for amendments may include statements such as:
By striking the words... By adding the By stril<ing in its entirety Section ( ) Paragraph ( ) ...
Following...
And by substituting the words... And by substituting in its place the following Section ( ) Paragraph ( ) ...
Action Taken: Pass� Fail� Unanimous� Majority � Other
LEXINGTON TOWN MEETING AMENDMENT FORM
ARTICLE NUMBER: 10i DATE: 03/27/2023
�� Janet Kern
move to Amend the Motion
by adding the following:
"and further that this appropriation shall be made in accordance with the recommendations of the Article 10i Working Group
Letter of Support dated March 24, 2023."
Examples of text for amendments may include statements such as:
By striking the words... By adding the By stril<ing in its entirety Section ( ) Paragraph ( ) ...
Following...
And by substituting the words... And by substituting in its place the following Section ( ) Paragraph ( ) ...
Action Taken: Pass� Fail� Unanimous� Majority � Other
LEXINGTON TOWN MEETING AMENDMENT FORM
ARTICLE NUMBER: 10i DATE: 03/29/2023
�� Janet Kern
move to Amend the Motion
by adding the following:
"and further that procurements under this appropriation shall be made in accordance with the recommendations of the Article
10i Working Group Letter of Support dated March 24, 2023."
Examples of text for amendments may include statements such as:
By striking the words... By adding the By stril<ing in its entirety Section ( ) Paragraph ( ) ...
Following...
And by substituting the words... And by substituting in its place the following Section ( ) Paragraph ( ) ...
Action Taken: Pass� Fail� Unanimous� Majority � Other
LEXINGTON TOWN MEETING AMENDMENT FORM
ARTICLE NUMBER: 10b DATE: 03/27/2023
�� Jonathan Himmel Pct 6
move to Amend the Motion
by appending the following language
"The Monroe Center for the Arts project will adhere to the Town's Integrated Design Policy processes within the funds
available."
Examples of text for amendments may include statements such as:
By striking the words... By adding the By stril<ing in its entirety Section ( ) Paragraph ( ) ...
Following...
And by substituting the words... And by substituting in its place the following Section ( ) Paragraph ( ) ...
Action Taken: Pass� Fail� Unanimous� Majority � Other
Proposed schedule as of March 28, 2023.
Wednesday March 29, 2023 (Proposed amendments/divisions due 5pm, Monday, March 27)
•Article 2 - reports of Capital Expenditures Committee
•Article 2 - report of Community Preservation Committee
•Article 10 -Appropriate for the FY2024 Community Preservation Committee Operating
Budget and CPA Projects (items not on consent agenda):
o DATE CERTAIN: 10i - Lincoln Park Field improvements including lighting
o DATE CERTAIN: 10a - Stone Building design and repairs
0 10b - Munroe Center for the Arts
0 10c- Hancock-Clarke barn restoration
0 10e - First Parish Church clock restoration
0 10f- East Village clock at Follen Church restoration
0 10g -Willard Woods site improvements
0 10m - Transforming trees into art, Birds of New England
0 100 - LexHab property acquisition prefunding
•Time permitting:
oArticle 7 - Appropriate to Affordable Housing Trust
oArticle 19 - Establish, Amend, Dissolve and Appropriate to and from Specified
Stabilization Funds
oArticle 5 - Appropriate FY2024 Enterprise Fund Budgets
oArticle 6 - Establish Qualifications for Tax Deferrals
oArticle 9 - Establish and Continue Departmental Revolving Funds
Monday April 3, 2023 (Proposed amendments/divisions due 5pm Thursday, March 30)
•Any unfinished items from Article 10
•Article 8 - Evaluation of Archaeological Resource Potential (Citizen Petition)
•Article 12 -Appropriate for Municipal Capital Projects and Equipment (items not on
consent agenda):
0 12a -All Terrain Vehicle - Forestry
0 12b -TMOD Implementation - Permit and progress tracking
0 12d - Bedford St and Hartwell Ave long-range transportation improvements
0 121 - Municipal parking lot improvements
0 12m - New sidewalk installations
•Time permitting:
oArticle 13 - Appropriate for Water System Improvements
oArticle 17 - Appropriate to Post employment Insurance Liability Fund
oArticle 21 - Amend FY2023 Operating, Enterprise and CPA Budgets
oArticle 23 - Establish Special Education Reserve Fund
Wednesday April 5, 2023 - no meeting (1st night of Passover)
Monday April 10, 2023 (Proposed amendments/divisions due 5pm, Monday, Apri13 for
Articles 33, 34 and 40- But earlier is better!!)
• DATE CERTAIN: Article 33 -Amend Zoning Bylaw- Special Permit Residential
Development
• DATE CERTAIN: Article 34 -Amend Zoning Bylaw and Map - Multi-Family Zoning
Housing for MBTA Communities
•Time permitting: Unfinished business from previous sessions
Wednesday April 12, 2023 (Proposed amendments/divisions due 5pm, Monday, April 10
except for Article 40 - which has due date of 5pm Monday April 3)
• DATE CERTAIN: Article 16 -Appropriate for Public Facilities Capital Projects (items not
on consent agenda):
0 16g - Pine Meadows clubhouse renovation - design
0 16h - 173 Bedford Street renovation - design
0 16i - Solar canopy& system - Police Station
0 16j - East Lexington Fire Station -feasibility study
•Article 40 -Amend Section 135-4.4 of the Zoning Bylaw- Reduce Residential Gross
Floor (Citizen Petition)
•Article 27 - Amend Fossil Fuel Bylaw- Compliance with DOER Regulations and
Guidance
• Unfinished business from previous sessions
No meetings Monday, April 17 and Wednesday April 19 (school vacation week)
***Hold Monday April 24 and Wednesday April 26 for (inevitable) unfinished business***
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Open Space and Recreation Plan
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
I.2
SUMMARY:
Category:Decision-Making
The Recreation Committee and Recreation Department ha�e requested the Select Board approve the update to
the Open Space and Recreation Plan. The fullplan can be found at this
link https://www.lexingtonma.gov/1337/Open-Space-and-Recreation-Plan
Attached is the presentation from February 2023 and letters from the Recreation Department and Activitas.
SUGGESTED MOTION:
Move to approve the 2023 Updated to the Open Space and Recreation Plan as presented.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023 6:45pm
ATTACHMENTS:
Description Type
❑ J��G�ntur uu4sn�t�t��°ua,dauu<rnu Q zrva�nN4,ntu?
� Au bua ut��.s 1�.�rr��n��..�ll�sisaue �z,°�a°�II�If�n�su�
d �..I l 1w3 6"us;�>s;uut��:tia;n �.z�w�°�1�/Veurrs>
pus N'�OR�
�o�� 177s Town of Lexington
�
� �� Memorandum
a m
Z r
To: Kelly Axtell, Deputy Town Manager
From: Melissa Battite, Director of Recreation and Community Programs
Karen Mullins, Conservation Director
Date: March 27, 2023
Re: 2022 Open Space and Recreation Plan Update
The Conservation Division and Recreation and Community Programs Department requests to be
placed on the March 29, 2023 Select Board meeting agenda to present the 2022 Open Space and
Recreation Plan(OSRP)Update.
• The Agenda Item/Title: 2022 Open Space and Recreation Plan
• Vote/info/update: This item will request the vote of the Select Board to approve this updated
7-year plan.
• Summary of presentation: Over the past 7 months, the Conservation Division and Recreation
and Community Programs Department have worked collaboratively,with public engagement,
to update Lexington's Open Space and Recreation Plan; the plan was last updated in 2015.
The 2022 Open Space and Recreation Plan Update provides an overall baseliiie of
information regarding the physical resources that exist in Lexington in terms of open space
and recreation properties, facilities, and infrastructure; additionally,the plan serves as a guide
for the Town's open space and recreation philosophy,planning, funding needs, and
management over the next seven years. Together with the Town's Consultant, Activitas Inc,
the presentation will provide the Board with a review of the Key Findings, Goals, and Action
Items identified over the next 7 years.
• Timeline Suminary: The presentation will be approximately 20 minutes and then time for
questions and input.
• Implications of action/non-action: Taking a vote/action will allow the Plan to be sent to the
State for review, acceptance and eligibility for certain state grants,particularly LAND and
PARCi program funding. No action will delay the required State approval process and the
Town will be ineligible for funding sources in the coming year(s).
• Materials: included is the Consultant's update from the 2/2/7/23 Select Board meeting.
Thank you and please let us know of any questions.
Cc: Carol Kowalski, Asst. Town Manager for Development
Megan Buczynslci,Principal Civil Engineer,Activitas Inc.
1 LAND- Local Acquisitions for Natural Diversity and PARC-Parkland Acquisitions and Renovations for Communities
ACTIVITAS
landscape architecture civi) engineering
delivered via email
17 March 2023
Ms. Kelly Axtell
Deputy Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Re: Town of Lexington
2022 OSRP Update
Updated Draft of OSRP for Review
To the Members of the Select Board:
On behalf of the Town of Lexington Conservation Division and Recreation & Community
Programs Department, Activitas thanks the Select Board for their initial review of the 2022 Open
Space and Recreation Plan (OSRP) Update and for providing feedback after the Plan was
presented at the meeting held on February 27'". The feedback we received has now been
incorporated into the document. Those comments and our responses are summarized below for
your reference.
Mr. Sandeen asked if language about affordable housing could be added to the Land
Acquisition goal.The Working Group has updated the Land Acquisition Goal to include
"boards and committees" which would include the Affordable Housing Trust Committee
(p.145).
Mr. Pato asked if the report would discuss or note the likely impacts of the High School
construction project on other Town-facilities during the seven-year period. The Working
Group has added language directly referencing the High School reconstruction project in
the introduction of Chapter 9 (p.125). In addition, a new action item, "Plan for the impacts
of the high school renovation on open space and recreation areas and ensure that open
space needs continue to be met throughout construction", was added to the Programming
goal (p.139).
A member of the public asked if a more specific action item about including the School
Department in decisions about active open space facilities used by the schools could be
included. In response, the Communication goal was updated to list Public Schools among
other Town stakeholder staff (p.135).
The updated draft, including all appendices, can be viewed via DropBox at the following
address: https://www.dropbox.com/sh/sr9nwhjdvlkoi4l/AAC2z92rul5yxdMVESGO-lova?d1=0
�'q����°'tI /II;ry,[�I.� ,r.r.i I �lI&I '1fI If' �:'I I ��'I ff" �' @ �� d7`�dl;� ,'!V�� � 'y � I � ' '',E� r !dI�;,I
r�' + �,. .i, P,M J, :a� iiv,�;
i
�,4�:�r�ii i �r7�.�di,.i��i V ,:sNF� V I �,:���r��:l
8'i"����✓i�����Pi ��f7''':4� �
�,,r�iwi� V I ,�i�r'i�i oV� wi �`���i 7�'�,q�,��PJ iJ�a��i:,��1�,�. ��: �
BJ�.>�:9�V.r.a I",r��,,:ARI .�V+,����r�'F V.i I ��:,n������,�
I �:J� i i iC
At this stage in the process, this updated draft has also been submitted to the Massachusetts
Division of Conservation Services for initial review with a cover letter explaining that a letter from
the Select Board is being requested and may be incorporated in the final draft for State
approval.
If you have any questions or comments on the enclosed information, please do not hesitate to
contact me directly at (781) 355-7044 or by email at olivia@activitas.com.
Respectfully:
��TI � � � �I ��
C� __."__�
livi �ss n �r
Landscape Designer
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve 2022 Town Manager Perfarmance Evaluation
ITEM
PRESENTER: NUMBER:
Jill Hai, Select Board Chair
I.3
SUMMARY:
Category:Decision-Making
The final Performance Evaluation for the Town Manager for the period April-Oct 2022 is attached and has
been reviewed with him. Per the Board's agreed upon procedure, the Chair incorporated feedback and
discussion from the Board's 12/12/22 meeting into this revised document.The Select Board is being asked to
review and vote the annual Town Manager Performance Evaluation, to be placed in his personnel file.
SUGGESTED MOTION:
Move to accept the Town Manager Performance Evaluation and to place it in Mr. Malloy's personnel file.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023 7:OOpm
ATTACHMENTS:
Description Type
aP.1�N��1Vary'�"M6 If��^vue���c�rucm��h�au�Y➢1Q�If i➢�ua,ia.�llz�:c°�1�u��uVs�u;�Q,D"�D""...".
❑ ll::�aqa�V;u�r IVG�ab4,rc���i
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����������� �
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� : 1 � �oiror� of `�exingtor�, �����c�jugettg
���� � �� SELECT BOARD OFFICE
��`' �a�.
�wwi�u��n
���_rmu��;��✓,f;;�,
JILL I.HAI,CHAIR
JOSEPH N.PATO
SUZANNE E.BARRY
DOUGLAS M. LUCENTE TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
Town Manager Integrated Performance Review
TOWN MANAGER NAME: James Malloy
REVIEW PERIOD: DATE: April-October 2022
Executive Summary:
This review is a culmination of the draft reviews, matrices and other documents which were
delivered and discussed at the December 12, 2022 Select Board Work Session, including the
summary of that discussion.
In its review, the Board highlighted the excellent work of the Manager in the areas of fiscal
planning — including the creation of the capital stabilization funding set-aside, a balanced budget
which did not require an operating override, and the successful completion of the debt exclusion
funding campaign for the new police station. In addition, the Board expressed its appreciation for
Mr. Malloy's support of internal promotions and commended the autonomy he grants senior staff in
their roles, as well as the general rate of staff retention. The board took no exception to the self-
evaluation submitted by Mr. Malloy.
In furtherance of professional development, the Board identified the following areas for growth:
Collaboration and Communications — the Board hopes to see further development of collaboration
among departments and between the town and relevant committees; as well as improved
communications between the Town Manager, senior staff, the Board and the community. An
increased focus on details presented was noted for improvement.
Mentoring — while applauding the freedom to innovate and manage which is given to senior staff,
the Board looks to the Town Manager to create stronger mentorship both for the direct professional
benefit of the senior staff and to ensure succession planning for the Town. This includes increasing
the collaborative opportunities for SMT.
Public Engagement— the Board looks for Mr. Malloy to increase his engagement with the public, to
ensure the appropriate municipal engagement is occurring and in particular to avoid creation of
unnecessary conflict.
Vision/Strategy—the Board looks to Mr. Malloy to help shape and shepherd vision and strategy
and, to that end, to further delegate more routine tasks that are currently over-consuming his time.
The Board looks forward to working with Mr. Malloy to further the goals of the community this year.
1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
Integrated review 2022 Jim Malloy
Town Manager Integrated Performance Review
TOWN MANAGER NAME: James Malloy
REVIEW PERIOD: DATE: April-October 2022
Introduction
In preparation for this review, the Board adjusted the Town Manager evaluation process in the
following ways:
1. To gather broader input on Mr. Malloy's management style than was available through the
online 360-review process used in the last evaluation, Ms. Hai took on the responsibility to
conduct interviews with SMT members and other direct reports of Mr. Malloy. She asked Mr.
Pato to assist her in this process.
2. To return to a review cycle aligned with Mr. Malloy's employment contract, the review period
was reduced to six months.
3. The Board met to review the input materials with Mr. Malloy on December 12, 2022; the
summary of which was then written by Ms. Hai to be approved by the Board as a whole.
Narrative Review
The objective of this review is to provide the manager with concrete feedback and to facilitate the
development and maintenance of a high-perFormance professional management team.
Section 1.B of the employment agreement between the Town and Mr. Malloy provides for a Board
evaluation of Mr. Malloy's performance in relation to his goals and his general performance of duty.
Mr. Malloy has submitted a self-evaluation against the established goals.
1. What would you identify as the manager's strength(s), expressed in terms of the principal
results achieved during the rating period?
The reviewers are in general agreement with the substance of Mr. Malloy's self-evaluation on goal
performance and commend that. The manager continues to demonstrate strong performance in
financial planning and acumen and technical knowledge of municipal governance and operation. In
particular, the Board noted and appreciates his prioritization of large business development, which
underlies revenue growth opportunities. Such growth is necessary to help offset the anticipated
debt service for the anticipated large capital expenses, including the upcoming High School
project. Further, the manager has again produced a balanced budget without need for an override
and continued the process of reducing reliance on free cash to do so. During this review period,
the Manager worked effectively to promote the successful passage of the debt exclusion for the
new police station.
Senior staff and direct reports uniformly reported a strong sense of autonomy in their individual
areas, reflecting a "hands off' management style. However, this sometimes tipped into a concern
regarding lack of personal investment by the manager in a particular department or area of
operation.
The relatively low employee turnover rate reflects the manager's commitment to internal promotion
of existing staff and is commendable.
Page 2 of 5
Integrated review 2022 Jim Malloy
2. What Performance area(s) would you identify as most critical for improvement?
Mr. Malloy has demonstrated his excellent technical abilities. His experience and instincts drive
him to execute on what he believes to be the most effective and efficient solutions to issues. As a
community, Lexington places a high value on collaboration and inclusive decision making however,
and this has created a misalignment. Many of the areas for improvement listed below are driven
by these stylistic differences.
• Collaboration and Communication
The need to improve communication and foster collaboration has been highlighted in previous
annual reviews. This manifests itself several ways.
• The Board expects collaborative engagement on issues that have broad effect on residents
or local businesses. Acting unilaterally and without consultation or notice to the Board
creates unnecessary conflict. An example of this was Mr. Malloy's choice to proceed
unilaterally with an employee parking plan that displaced public parking in the center.
• Interactions with the public are inconsistent. Public engagement processes around different
projects are often un- or underspecified. Direct interactions with individuals vary and, when
brusque, can create the impression of distance and lack of empathy.
• Enablinq staff awareness of adjacent issues. The Board expects Mr. Malloy to coordinate
communication between departments. On a number of occasions during presentations to
the Board, members have asked questions that reveal that projects may be proceeding in
silos, with staff unaware of potential conflicts or implications as to timing, scope, or possible
opportunity for coordination. Fostering an atmosphere of collaboration allows for increased
efficiency, better outcomes and staff growth.
• Keepinq staff informed. It appears that staff are not always kept apprised of the Board's
actions and discussions or of upcoming deliberations of the Board which impact their
spheres of work.
• Accurate and clear presentation of material to the Board by Mr. Malloy- materials need to be
vetted/edited prior to inclusion in Board packets and increased attention to details, as well
as implications for other policies or projects, is needed.
• Professional Leadership
Lexington has long retained a staff of highly motivated and competent professionals in whom the
Board and the community at large have a high degree of confidence. The pandemic and the
pressures it placed on municipal staff, as well as the general decline in municipal employment
satisfaction, is recognized by the Board. We look to the Town Manager to keep this team working
effectively and to lead by example in motivating and encouraging those at all levels and in all areas
of our employment. Specific concerns include:
• SMT collaboration, utilization and effectiveness appears waning.
• Direct interest in and interaction with staff, departments, and committees is inconsistent.
This leads to an undercurrent of perceived favoritism.
Page 3 of 5
Integrated review 2022 Jim Malloy
• While Mr. Malloy has made several internal hires and promotions, there does not appear to
be dedication to mentoring of staff. Staff would benefit from more direct and constructive
regular feedback.
• While granting members of SMT autonomy in their departments, Mr. Malloy should engage
with and ensure the development of each SMT member for the benefit of the individual SMT
member and the Town's succession planning.
• The quality of staff presentations to the Board is inconsistent and frequently appears not to
have been previewed by Mr. Malloy. While previewing all presentations may not be
necessary, conveying expectations of the Board and likely areas of concern - often provided
during the agenda setting discussion - would support the staff in their public performance
and development.
• Time Management, Delegation, and Teamwork
• Expectations for when an item can or will be addressed is often unspecified.
o This can lead to frustrated members of the Board and of the public.
o This may also contribute to staff stress and excess work.
o Setting clear and realistic expectations for the Board, staff, and the public for what
can be addressed, and by when, will help.
• Follow-through is inconsistent.
• Inconsistencies in information presented by Mr. Malloy and staff suggest a lack of
coordination.
• Communication is facilitated through camaraderie and serendipitous conversations.
Anecdotal digressions by Mr. Malloy, however, can monopolize discussions and detract
from substantive and efficient progress on issues. Further, particularly during remote
interactions, Mr. Malloy has seemed preoccupied with other tasks and disconnected
from the issue at hand.
• Conflict and Composure
Avoiding unnecessary conflict has been identified as an area for improvement in each annual
review. This area remains a problem. The community outcry arising from the "provocative" memo
on committee reorganization is one example of artificial conflict created. The fact that unnecessary
conflict has continued to be identified as an area for improvement in every review contributes to
the sense that Mr. Malloy does not respond well to constructive criticism and other advice. Mr.
Malloy's visible frustration at times has been noticed and commented upon by others, including
members of the public. This behavior suggests a need to improve composure.
3. What constructive suggestions or assistance can you offer the manager to enhance
performance?
• Increase visible personal engagement in the community and all town departments.
• Ensure that municipal decisions have considered community impact and follow Board or
community guidelines, including those for public notice or input.
• Create opportunities for staff collaboration- both with the manager and among the staff.
• Increase delegation to create professional development opportunities for staff and ease time
burden on Mr. Malloy.
• Make sure that the appropriate staff inembers have been involved in preparation for and
presentations to the Board and have received guidance on Board expectations.
Page 4 of 5
Integrated review 2022 Jim Malloy
4. What other comments do you have for the manager; e.g., priorities, expectations, goals
or objectives for the new rating period?
Following the suggestions above, some specific recommendations:
• Preparation of SMT/staff presenters for Board meetinqs. Mr. Malloy should be working with
staff so that they have adequate time to be well prepared for a Board meeting and are
aware of issues that may affect their area of responsibility.
• Enablinq staff awareness of adjacent issues and fosterinq a team approach. Potential
conflicts and synergies should be identified through robust collaboration and communication
among staff enabled by Mr. Malloy.
• Vision and Strateqv. We would like Mr. Malloy to provide stronger visioning and strategic
planning. The strategic plan for allocation of planned development rezoning PSDUP-based
new growth to fund the capital stabilization fund is an excellent example of the type of
visioning that the Board sees as a strength and would request be more of Mr. Malloy's
focus.
• Focus and attention to details and the issue at hand. Detail oriented review of presentations
and published documents should be increased. Structure interactions to reduce digressions
and limit multi-tasking.
SELECT BOARD
Jill I. Hai, Chair
Joseph N. Pato
Suzanne E. Barry
Douglas M. Lucente
Mark D. Sandeen
DATE:
TOWN MANAGER
James Malloy
DATE:
Page 5 of 5
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Noise Complaints at 69 Pleasant Street
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
I.4
SUMMARY:
Category: Informing
As the Board is aware, the Select Board and Town Manager have received noise complaints regarding 69
Pleasant Street related to blasting, pneumatic hammering and rock crushing/processing operations. The Fire
Department and State Fue Marshall's Office ha�e mdicated all blasting work has been within the Town's
Bylaws and State Regulations. The abutters have also raised concern about the time of rocic
crushing/processing operations (the bylaw has two different start times for different operations at either 7 AM
or 9 AM).
Jim Kelly, Building Commissioner has detertnined the rock ctushing operations are within the provisions of the
bylaw and has pointed out the difference between breaking rock using a Pneumatic Hammer (see 7:18 into the
video) and Rock Crushing Machine.
Joe Pato has reached out to Jill Hai as the Chair requesting to have this item on a Select Board meeting agenda for
discussion. Attached, also is the presentation from 2020 when the current bylaw was adopted.
Staff from the Building Department, Fire Department, Police Deparhnent, Town Counsel and DPW that have
been involved with this project and the complaints will be attending the Select Board meeting to respond to
questions.
SUGGESTED MOTION:
No inotion at this time.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/29/2023 7:OSpm
ATTACHMENTS:
Description Type
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