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Home My WebLink About2023-05-08 SB Packet - Released SELECT BOARD MEETING Monday, May 8, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexingtoii, 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 encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak dtu-ing public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA l. Approve Tax Bill Insert-Access to Public Information 2. Approve Lexington Lions Club Request- 67th Annual Fourth of Ju1y Carnival 3. Dissolve Select Board Committees . Affordable Housing Trust Study Committee • Special Permit Residential Development(SPRD) Zoning Bylaw Amendinent Ad Hoc Committee 4. Town Manager Committee Reappointments • Council on Aging: o Julie Barker o Ellen Nadine Cameron • Recreation Cominittee: o Christian Boutwell o Weiwei Li 5. Approve Select Board Meeting Minutes . March 27, 2023 Select Board . March 29, 2023 Select Board . Apri13, 2023 Select Board • April 10, 2023 Select Board • April 12, 2023 Select Board 6. Application: One-Day Liquor License- Lexington Tennis Club, 475 Bedford Street • Sportsmen's Tennis Club Fundraiser 7. Application: One-Day Liquor Licenses - LABBB Collaborative, 0 Meriam StreetlDepot Parking Lot • (2) Lexington Battle Green BBQ Festival 8. Application: Entertaininent License - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot • Lexington Battle Green BBQ Festival 9. Application: License for Public Entertainment on Sunday- LABBB Collaborative, 0 Meriam Street/Depot Parking Lot . Lexington Battle Green BBQ Festival 10. Application: License by a Farmer Winery to Sell at Farmer's Market- House Bear Brewing, LLC, Worthen Road Practice Field • 2023 Lexington Farmers' Market 11. Application: Entertainment License - Lexington Local Food Collaborative d/b/a Lexington Farmers' Market, Worthen Road Practice Field . 2023 Lexington Farmers' Market 12. Approve and Sign Proclamation- Children's Mental Health Week 13. Select Board Committee Appointments • Lexington Housing Assistance Board (LexHAB): o Eric Brown o Rus s ell Tanner • Semiquincentennial CorniYiission (Lex250) Community Member Representative- Noah Michelson ITEMS FOR INDIVIDUAL CONSIDERATION 1. Reorganization of the Board 6:40pm 2. Lexington Bicycle Advisory Committee Request for Worthen Road Bike Lane Pilot 6:SOpin - REQUEST WITHDRAWN 3. Public Hearing:Wine & Malt Restaurant Liquor License- Taipei Gourmet LLC 7:OOpm dIb/a Taipei Gourmet, 211 Massachusetts Avenue 4. Update on Energy Use Disclosure 7:lOpm 5. Update on Fleet Electrificatioii Policy 7:20pm 6. Discussion on Height of Solar Canopy for Police Station Project 7:30pm 7. Review and Approve Lexington Council for the Arts' Request for Art Installation on 7:SOpin Lexington Minuteman Bikeway 8. Discuss Select Board Coinmittee Liaison Assignments B:OOpm EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining- Fire Union B:OSpm (IAF Local#1491) ADJOURN 1. Anticipated Adjouininent 8:25pm Meeting Packet:https://lexington.novusagenda.com/ageiidapublic/ *Me�nbers of the public can attend the meeting from their computeN or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=S F FvYWo3MmVk0 DF 1 aG SETmNsRDVoZz09 iPhone one-tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 924 8276 4382 P as scode: 380743 An Act Relative to Extending Certain State of Emergency Accomodations:https://w�vw.mass.gov/the-open-meeting-law The next regularly scheduled work session of the Select Board will be held on Monday, May 15, 2023 at 6:30pm via hybrid participation. The next regularly scheduled meeting of the Select Board will be held on Monday, May 22, 2023 at 6:30pm via hybrid participation. Hearing Assisfance Devices AvailabJe on Request �� A77 agenda time and the ov�'er of items aye approximate and �,�(, ,�eb/e�r ro oha��e. Reeorded by LezMedia AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Select Board Member Concerns and Liaison Reports ITEM PRESENTER: NUMBER: Select Board Members LR.1 SUMMARY: Please see the attached Select Board Correspondence Secretary Repoi-t and the attached Select Board Member Concerns and Liaison Reports for the May 8, 2023 meeting. Under this item, Select Board Members can also comment on any additional points, reports and concerns. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �;arnua,�r�4r��c:q4��c c,`�;<;+,�c°bcvrcy➢��SQF� l��Guny Y�,:�V;:� IF�ax�,V;�i�T Cv�aau4°n-d�r1 ❑ 4ia,l�cb��sab�a:Q C,c��i��,uuu,w��aai�..:ua�iu>asn�Za,r��n74; I`�NLry�f�,7�D7w� ��ra.a�V;�i�,Cv�aauc,nuzil Correspondence Secretary Report— May 8, 2023 Joe Pato: Due to the volume of mail received during this period (4/1/23-4/30/23),the format has been changed to identify topics and the number of items received rather than a list of each item. � B • Opposition to Article 40 9 Opposition to Article 34 8 Hanscom expansion objection 4 Support for Article 40 2 Air Quality 1 Blasting at 69 Pleasant Street development 1 Housing options at 173 Bedford St 1 Non-Resident Burial Fees for former residents 1 Opioid Settlement Fund 1 Questions about PD Solar Canopy 1 Road safety issues on Walnut Street 1 Support for Article 34 1 Support for bikeway art 1 Support PD Full Solar Panels 1 Tree Canopy Assessment 1 Total: 34 Select Board Concerns and Liaison Reports— May 8, 2023 Joe Pato: Ad Hoc Transportation Committee • Support for Transportation Advisory Committee (TAC)fare restructuring proposal At the May 4, 2023, meeting, the committee voted to support the TAC proposal of 3/10/2023 to restructurefares: The TAC recommendation to ��:�t�c�� y the Lexpress fare constitutes an experiment to assess whether the ridership can be increased by such means in the coming year. The AdHoc Transportation Committee would like to support this effort to understand price sensitivity. The caveat is that this measure should be accompanied with Select Board championship as well as funds to do an in town marketing campaign. At present people who could be Lexpress riders��,y b� unaware of its services. Just a price reduction may not be enough to bring back ridership numbers. AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update ITEM PRESENTER: NUMBER: Jim Malloy, Town Manager T M.1 SUMMARY: Attached please fmd the Town Manager's Weekly Update the week ending: . Apri128, 2023 . May 5, 2023 SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type L� �..��'f�?�ti�cc�ciy4)�z�.��t� �nsv��n�Cu��;�nc� p `;..`r?„3 G��Jk1y�Ti�all�ta �Sv��n l�/fi�;�rirs ��1tli�y� ��,wf�• �. ��^� � � �� Town of Lexington �� ;,� Town Manager's Office �� r,. , ��.�,�� ,�,. 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: April 28, 2023 RE: Weekly Update The following is an update of activities for the week ending Apri128, 2023: Town Mana_e��dates: • We have hired Bryan Bishop as the new Director for the Veterans Services District Director for Lexington, Bedford and Carlisle. Bryan is a Veteran of the Air Force with 20 years of service, a BA in Psychology and has worked in Veterans Services for the Cities of Boston and Somerville far 11 years. • Attached please find the agenda tracker for upcoming Select Board meetings. Human Services: Transportation • May is a busy month packed with events celebrating Bay State Bike Month and Mode Shift May! Please see the attached list of events. All are welcome to any events as well as the Annual Breakfast on the Bikeway will take place Friday, May 19 from 6:30AM-9:30AM. New this year, there will be special raffle prizes for people who live or work in Lexington and participate in Mode Shift May, which is a challenge encouraging people to try shifting at least two car trips for other modes during one week and runs through early June. More information on all events can be found at: �v:ru:�vv:o��ib.�d�ew�:��.aas_oaa�� • MassDOT is cui-rently evaluating having Regional Mobility Managers to further assist with transportation coordination, collaboration, and regionalization efforts. Their final report is expected at the end of summer. Land Use Health and Development: Economic Developrr2ent � The Lexington Visitors Center saw 3,174 people over Patriots Day Weekend and total sales of $11,686. Best-selling items included muskets, spyglass and tricorn hats. This was lower than last 1625 MASSACHUSETTS AVENUE•LEXINCTON,MASSACHUSETTS 02420 year's numbers due to the weather conditions. There were larger numbers of visitors for the children's events on Saturday, 4/15 and Sunday, 4/16. Below are some pictures from the event. � �i��nrr�li�l9iN1 r�i�� r ,,,,, ,,,' �9�r��r� rP�o�;y '�'� � �� `d�+��i��Y!tl�lJl � �I��l�hNll,u � �� l''�I��` //��w��'� � � �l��i�� a J�1�i�ll�1� ; � ' � ��i�N�'�"� //� � � � "`'- �� ` �y✓�/a� , �� , , �,,� �� ,,, d.� � � ' �, i /�: �:i , r„ n �� I�/%/ � ��,�6' � ��ip� i f M�r yJ y� r � � �r��' � �, ,, �; �'a 9°�f I�,u��'�,„�� .�;�., ,� ��„..» �� '/, � '�b,, ��,�i� /!°'; r Planning • The Tracer Lane Solar Project, 0 Cambridge St./Concord Turnpike—Public hearing for the solar array will continue on Wednesday, May 3 at 7:00 pm on Zoom. Recreation& Communitv Programs: Coininunity Center • The seasonal outdoor tent has been installed once again this year at the rear of the building. The tent will be in place until the fa112023 providing an outdoor location for many programs and services offered during the upcoming 6 months. Thank you to the Friends of Council on Aging for their generous financial support to cost share this expense with the Recreation & Human Services departments. • On Wednesday, Apri126, 2023, together with Select Board Chair, Jill Hai and Human Services Director, Melissa Interess, Recreation & Community Programs Director, Melissa Battite presented to residents of the Waterstone at Lexington. There were approximately 30 attendees and we shared information on ways to connect with the community through our programs, services, facilities and volunteer opportunities throughout our local government. Cente�Rec�eation Complex Aquatics • The 2023 preseason work is underway at the swimming pools and reservoir. The pool covers have been removed as of 4.26.23 and, as done annually, the deck lights at the Diving Pool will now remain on from dusk to dawn through September as a safety precaution. • The Capital Hot Water Heater and solar proj ect is also preparing to mobilize. The hot water heater and oil tank have been removed and the solar panels have been delivered to the pooL It is anticipated that the installation will begin on Monday, May 1, 2023. Center RecNeation Complex Restrooms and Maintenance Building • The project has mobilized—photos can be found on the Recreation Capital Page by clicking on the Parks &Playgrounds Project tab. Staff Update • Recreation Supei-visor—this position has been vacant since November 2022 and we are excited to welcome, Laura Perry on May 1, 2023 to join our team in Lexington as the next Recreation Supervisor. Please join in welcoming her to town. i�� os� i � � �� Ex�rn�tican 2e Pr��ratior� fc�r 9°OOarrn in S�NIRe To di�cuss Town e �ti�tions it �n ni� 5�May�23 30 Manager salary P�r��nn�l �T�wr� IlAar��c�� 5ean uugan is requesting to put a tax ; bill stuffer in the next tax bill T�x �ill Ir��t R��u��t g�May�23 p highlighting different ways residents can access information from the ' Town. L�xington Li�n� Club �arnier�l B�M�y�23 p Annual Lion's Club Carnival Permit ��e�ial.Ev�nt Er�t�rt�inrri��t Li��n�e ., . Lexingtan F�rmers' fVl�rket requesting Ap�li�atione L�xingt�r� L��al F��ci license for live perFormanc�s and Coll�l��r�tive ci/b!� L�xingt�n ��Y�2� a recorded mu�ic every Tuesday fram ar �r�' ark�t, �rt � �� ' r��ic� Fi�l 5/30�10/31 (except for 7/4} Hause �ear�revving ta.sell mead/cider at the Lexingtan Farmers' ' F�rrrti�r�" M��-k�t VVir��ry R�qu��t� fVlarket for fhe 2023 sea�on, thi� is c� �� r r� in 8�I�ay�23 0 re�dy,Ju�t vuanf fo fime veri�h T11�� permit approv�l to Farmers m�rket itself Ntroraap�e Housrng i rust approvea at' , Town Meeting;recruifinent is in place Di��olv�Aff�rd�ble H�u�ing Tru�t for merrrbers of the Trust-to be St dy C� itt�� $��y�23 � dissolved once Trust has been established(minutes are aII set as of ;4/13) To be dissolved after Annual Tovvn �i��lv� �PR� ��nnmitt�� 8�May�23 0 Meeting as�nrark is car�rplete (fin�l meeting on 5/4; minutes are current} To�rn fVl�n�g�r C�rrirriitt�e. Council on Aging,and Recreatian R��int��nt� ��IVIay�23 0 �ommittee reappointments (terms ending an 5/31} A��rov��I�ct ES�2�rci IVl��ting 'Nlinut�s $�M�y�23 0 3/27; 3/29; 4/3; 4/10 �4(12 Lexir�gtan Tennis �lub is hasting � ;A��r�v� �n�mD�y Liquo�Lic�n��s � ;fundrai�er aY iYs own loca�ion on 5/2Q; �xin t� � i� I �9 8� ay�23 0 LA � Collaborative i� hosting th� Coll�k��r�tiv� �nnual Lexington �attl� �reen ��Q FesYival in fhe Depot Lo� 5/20�5/21 Live b�nd.at fhe annual.Lexington Ag��r��re��ci�l Event ��ttle Green ��Q Festival on 5/20 Er�tertain��nt Licens�� LA�� 8�May�23 0 only� n��d �unday Pu�li� Coll� �rative Er�t�rt�inrri�nt Licens�for liv� k��nc! �n /21 (LA� � h�s been asked ta a�ply} �l�vv proc�amation request trom the . Human �ervices Department and A��rov��nc! Sign Pr�cl�rre�ti�n � 8�May�23 0 Lexingtan Human Rights Cammittee �hil r� "s ��tal �alth e�k ' for Ghildren'� ental Health VVeek 5/7�' ' ' ' 'S/13 ' ��I��t �oard C�rrtrrtitt�� ., , , ., Ap��ir�trn�nt� 8�May�23 0 LexHA� appoinfm�nts x2 ' ' ' 'The Chairman af the Baard is elected ' f��org�r�izati�n �f th� �e�a�rcB $�I�ay�23 �0 annually after the dissalution of the Annual Towrn M��ting �;s part of fh� proposal of adding a roundabout at the Harring�on/Hancock(�edfard �treef ;Inter�ec�ion portion of the �a�tle Green Master Plan required the Tow ;A�c��t Eas�rrt�r�t Fr�rrt th� Mas�ns obtaining a small easement from fhe a� �rt of t � �ttl� r�� 8�M�y�23 10 Mason'� �t the corn�r of H�ncock and �tr��t�� (Roaanclah�c�ut) �edford Street, Town Counsel has warked vvith th�To�nrn Engineer�nd the Masons and fhe easement documenf and plan are ready far review/approval by the �elect Board, Advertised Hearing will be �dvertised Publi� Fi��ringe V1/ir�e � Malt in the 4/27l2023 Minu�eman for ��st�ur�nt Liquor Lic�n��Ta�i�ei $sM� �23 10 �PProx 7:OOPm, 1ple�s� do not t�k� G�urrr�� LLC 211 Mas�achusetts � u� k��fo�e 7} applicant will mail v� abutters notices within 3 days af �dvertises Kelly spoke with IVlaggie Peard who was at a �ustainabilify meeting uvifh Mark ��nde�n an 11/15 and he Er��rgy lls� �i��losur� lJ�ci�t� B�May�23 15 suggested she come ta a S� meefing in Jan/Feb to update or� the energy use disclosure Maggie Peard �nrill provide an update Gr��r�V�hi�l� �oli�y lJpd�te $�May�23 15 �n v�rhere the Town is ir� tracking the vehicle type and replacemen� Mike Cronin has asked that the Board have a discussion and provide some ��I�r��r��}/ Fi�ight �i��u��ic�r� 8�M�y�23 15 guidance for the meetings with the abutters to facilitate the design in a timely manner. Kequest pending T5G and L�xingt�n �i�cycle Advi�ory Engineering for pilot to replace ��rrtrrtitt�� R�qu�st for �ik� Lan��t 8�May�23 10 parking lane along Worthen w/2 way LFiS�NV�rth�n Ro�d bike lane Art� G�un�il �ik�w�y ir��tallation Time sensitive request seeking � ��t 8�May�23 10 ��prov�l far surnm�r i�stallation Jeff owry submitted request on Requ��t for S�I�ct �oard a��r�val 2/6/23 seeking to come before the for�ub�i�sion �f��li��tior� �f the ielect �aard seeking �pprav�l ta �t�n� �uildir�g as � h1�ti�n�l Fiis��ric 8�May�23 20 submit�n �pplicatian for the Stone � �r �uilding to be considered as National Landmark This is to amend the Salid Waste Regulation�to all fhe Selec��o�rd to 12��id�r�tial �olid Vi/a�t� IZ�gulaticar� set a fee for curbside pickup of bulky ;A �r�d �r�t is�u��ic�n 8�May�23 10 items and �vhit�goods and ta adopt ;fees starting on July 1, 2023, Discu�� S�I�ct �o�rd Li�ison Assiqnm�nts 8�May�23 10 J�int e�ti , it � ��I , C�rrtrrtitt��, S�I��t ��rd, ��it�l Ex��r�ditur�s C�rrirriitt�� nc! 15�May�23 ga This joint meeting is to discuss the future use of 173 Bedford Street ;A��r��riati�n C�mmitt��t� rii��u�� 173 � fo� tr��t Thi� is related to the Tcawn fvlanager's request to h�ve � discussian an �i��i�� it� developing a community engagement a � � t P�licy 15�May�23 60 policy to provide cl�arer guidance fo staff moving farward to meet the �� expecta�ians, ��r�v��i��t ��ra �vi�eting 4/24, 4/26' Nlinut�s 22�May�23 0 �I��t ��r � itt�� Les �avage III and �erry Hawell are R��intm�r�t� 22�IVIay�23 0 up for reappointment to LexHA� (terms expire an 5/31} ll�dat� �n �olar Car��py f�r Poli�� 22�IVIay�23 20 �t�tion Pr�j�ct This is the community engagemenf Ft�sidenti�l Solici VVast� R�gulati�n session for the public to comment on � �n�! �es res� t�tion �n 22�May�23 �� the proposed solid vvaste regul�tion arnendments and fee structure for Fi��'ing bulky items/whife gaods, PLACEHOLDER� F'r��ntati�n � �t�t�rrt�rtt �f�cart��rrt f�r 22�M�y�23 20 CW reques�ed delay to May so that group m can complete the outreach (errrail 3/29} ��'� 6� e� �� . ' ' ' 'Meliss� �attite has indieated that the cost ' of the adjustable basketball hoops has Cor��icl�r Appr�v�l �f�n increase or� increased fr�m $10,500 for 7 new hoops � �� 22�May�23 10 �o$19,936. Given curre�et pricing and th� previous approval,the Tav�sn wauld anly ' purchase 3 hoops. Leslie�lVilcott�Henri� (+nevv mkt mgr} Revi��nr of 2022 �nc! Pr�vi��r�f 2023 requested ta come to the May 22, F�rrr��r�" �Viark�t 22�MaY�23 2023 ta prouide a Sumrnary af the 2022 Farmer�' nflarket and wha� is cc�ming for the 2023 F�rmers' fViarket This is a request received from �an �usa R�cgu�st t� n�rn�th� �illi�rd Fto�m on behalf af th� Lexington Rotary Club �t t � Co nity C�nt�r 22�May�23 10 req�aesting that the �illiard R�am at the Community Center be narned after John (Jack}Maloney. ��rk�nd R�cr�ation Mes�roth This is a request from the Recreation Pro�larria�ti�r� 2023 22�May�23 5 �epar�men�to recogrrize F'ark and Recre��ion IVlonth Inn at Hastings subrr�itted an ,�IteraYian of premise applicaiton far ;their liquar license to farmalize the �I��h�l��r� Liqu�r Licer�� outdoar area Yo include the nev�patio Arr��ndrn�nt�Alt�rati�n �f Pr�mi��! area they built, Th�ir liquar license is u�dat� liqu��li��r�� ondi�i�n� 22�fVlay�23 15 currently covered at the present by the r� �r i � �ut ��r i i state �xtension for outdoor dining �reas ta ser�re alcholol in this are� alang vuith their local application far autdaor dining under the Tawn Manag�r, � c� �� ' � ' � �� y . µ+�� ,,,,,, � ;,,;,,,;, � ,,,,,,,,,�� .w. w�w��ww�� ' '�� . III III III III II �� IIIIIIIIIIIIIIIIIII VIII(�II VIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(�IIII illlllllllllllllllllllllllllll�� III III III III II �...�..;� ...�...�. ..�...��.: �...�..,� ...�...�. ..�...�.�. � �;.�� Join in these fabulous and FREE events and classes to celebrate BIKE MONTH and MODE SHIFT MAY! For more info and registration links, visit: .......................................W,III.................11b,iii,llk�......................�,llkll�,�s.�..........iir , Mode Shift May End of April-early June Need a little motivation to try switching some car trips for walking, biking, and transit?The 128 Business Council has developed some great resources and is hosting a May Mode Shift Challenge in partnership with the Town of Lexington. Prizes for all who complete the exercise of planning and reflecting! More info:�.:�.�Ib�._��r��'_�.:::s_I�.��t./ Bay State Bike Month Month of May Check out all the great events happening across the state:�nr��r.,:lb�.ys��.��lb.ii.11«.ir�_�in��lh_.,_�ir� 12th Annual Walk, Bike& Roll to School Day Wednesday, May 3—all schools! Try leaving the car at home and join neighbors to walk, bike, scoot, etc.to school today! Visit V_��.iio��t��...��r�S.If7::�5 for resources for Walking School Buses, Bike Trains, maps and more! Learn to Use a Bus Bike Rack Friday, May 5, 12:30PM-1:30PM Combining a bike ride with a bus ride is a great way to expand your mobility! Drop by any time during the hour for this free event to learn how to use a bus bike rack in a matter of minutes. Bring your bike to practice. OK to come without a bike, as we will have one on hand,though nice to practice with your own. Lool<for the blue &yellow Lexpress bus in the Depot parking lot and join us! FREE, no registration required Annual Bikeway Cleanup Sunday, May 7,9AM-11AM Join the Friends of Lexington Bikeways at this annual cleanup event to pull garlic mustard and remove any trash along the bikeway. More info, including places to meet up can be found at��nr.,.11��lk�ii.11��nr�ll_Ik�u�s.,�.ir� �wv�.,:ll�,�l�,ii,ll<��r,�,llll<Ib,ua,s,;,ca,ir�, ��"" I @LexBikeWalkBus p @LexingtonBil<eWalkBus Lexpress Walk: North Street to Depot Square via Vine Brook Tuesday, May 9,9:30AM-Noon Join a guide from ACROSS Lexington to discover one of the many trails you can access via Lexpress, Lexington's local public bus open to all. FREE, registration required Basic Bike Skills Monday, May 15,6PM-7:30PM Do you know how to balance a bike, but need to I<now other basic skills?This class will cover all key essentials such as: rules of the road, helmet fit, bike fit,ABC quick check, quick start, stopping techniques, signaling, scanning (while riding straight), understanding gears, and confidence building exercises. FREE, registration required Lexpress Walk: Brookhaven to Avalon via the Western Greenway Tuesday, May 16,9AM-11:30AM Join a guide from ACROSS Lexington to discover one of the many trails you can access via Lexpress, Lexington's local public bus open to all. FREE, registration required Breakfast on the Bikeway Friday, May 19, 630AM-930AM Whether you are biking to work, or taking a break from the home office, or waiting for a nearby bus, come join us at this annual event right along the bikeway(back of the Depot, 13 Depot Square). Food,fun, info,freebies, and free bike maintenance checks! FREE, no registration Bike Rodeo (K-8) Saturday, May 20, 10AM-2PM Geared for students in I<-8t"grade,this event allows for a fun, hands-on experience to learn how to handle a bike safely. There will be multiple stations teaching critical skills. Helmets and bikes will be checked for fit and for safety. Free helmets on hand for those who need them. Each session ends with an obstacle course led by certified bil<e instructors. All participants will receive a swag bag with useful,fun items and a Certificate of Achievement! FREE, registration required Spring Bike Tune-Up Class Monday, May 22,6:OOPM-7:OOPM Learn to inspect and clean your bike, lube cables, chain, grease seat post, check tires and more. Don't forget to bring your bike! Combine with the Bicycle Flat Tire Clinic to learn even more about bike maintenance! FREE, registration required Bicycle Flat Tire Clinic Monday, May 22,7:30PM-8:30PM Never find yourself stranded with a flat tire again! Learn to release breaks and remove/install wheels; inspect bike parts for damage; learn to identify issues with bike tires; replace tubes; and properly inflate. Make sure to bring your bike! FREE, registration required �ww.:ll��l�ii_II<��r�.�ll<I�_ua_s.,_�ir� ��'� @LexBikeWalkBus p @LexingtonBil<eWalkBus Car Free Campus Day Tuesday, May 23 Today is a great day to try getting to high school without a car.Try any combination of walking, biking, transit (MBTA or Lexpress) or school bus! Many thanks to Friends of Lexington Bikeways, Battle Road Bikes, MassBil<e, the 128 Business Council, and Massachusetts Safe Routes to School and many wonderful volunteers and sponsors of the above events! wwvWr.:ll��l�ii_II<��nrr�.11ll<I�_�u_s.,_�ir� ��'� @LexBikeWalkBus p @LexingtonBil<eWalkBus ��M1�1tlB�y� wf�„ �"� ��' � �� Cw "A. � ��,I �� ^�I' X �r � '�'�"' �F 1J'f.a,CC12a �m��r9 �'� ��•�„� ,��,r : _ ;v;:,r„irr; � Town of Lexington Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: May 5, 2023 RE: Weekly Update The following is an update of activities for the week ending May 5, 2023: Town Mana e._ r�Updates: • Timing is right for the Board to consider when you want to set aside time to meet to set the next two-year set of goals and how you would like to proceed. Over the past several years we have used Julia Novak for goal setting and Jon Wortman for improving communications, teamwork and interim goals. The Board should have a brief discussion on when and who you would like to work with at which point, I can coordinate with the Chair on mal�ing the arrangements. At this point, I assume we would be looking at late Summer/early Fall. • On May 22, 2023 there is an agenda item for a public discussion on establishing fees and regulation changes related to bulky items. Attached is a redline version of the pertinent section of the regulations (these have been forwarded to Dave Pinsonneault and Robert Beaudoin for any additional recommended changes they may suggest). There was also an update to the Refuse and Recycling regulations that were adopted in 2012 that Robert forwarded late this week and those will need to be incorporated into the Code either directly or by reference. The following are the fees that are proposed per item: 1625 MASSACHUSETTS AVENUE•LEXINCTON,MASSACHUSETTS 02420 PRICE PER ADD 10% ITEM UNIT ADMIN FEE TOTALFEE White Goods/Large Scrap Metal w/o Freon $25.00 $2.50 $27.50 White Goods/Large Scrap Metal with Freon $40.00 $4.00 $44.00 CRT/Electronics - Regular $26.00 $2.60 $28.60 CRT/Electrocincs- Large $49.00 $4.90 $53.90 Mattresses $45.00 $4.50 $49.50 Box Springs $45.00 $4.50 $49.50 Bulky Items (furniture, carpet, misc.) $25.00 $2.50 $27.50 • Attached please find an initial redline (with comments at pertinent sections) of the Noise Bylaw to address the concerns raised earlier this year related to development at 69 Pleasant Street. I'd like to put together a small working group that would include one Select Board member to go through this bylaw to address these or other issues. I would also be looking to include Jim Kelly, Building Commissioner, Joanne Belanger, Director of Public Health and Mike McLean, Chief of Police in this working group. I will be asking the Chair to select a member of the Board to work on this issue. The goal would be to bring something back to the Select Board in the Summer that could then be socialized publicly before bringing something before Town Meeting in the Fall. • Several meetings ago, the Select Board approved adding Pay-By-Phone as an option for the on- street parking meters. We've completed all the paperwork and other administrative work necessary and it should be live by the end of June as another option to pay for parking. The new zone number will be 4191775 for all on-street parking. • Early on during discussions regarding ARPA, I had recommended a project to replace the 1987 photo display at the entrance to the Town Office Building (across from the Town Clerk's Office) with a new display that would allow us to post current photos (submitted by residents/staf� that would scroll on a regular basis. This came to mind again today when reviewing the work IT has done. I would like to discuss with the Select Board the potential of doing this within the current budget. ,, �� • ��%i%� w ��. i ,��,,,� �„roi�� ,„ r i�� f/" % , � � N '' a,��,,r �%�awi� �� c � J�II'% �� ' , i�� ,I��///ii� „ � �� rr� ii ll/ i � i�� /� �MpP9�� , �// �j// � �j� /�r(j�/ il`J / , /! ��-. II'/ /// �/�l, ��//� ";'�,rF� �/ 1 � � � .� � ;j j �, ,,. C� re, ; �- ., � . � 1/§ �I � // ;,/ '�,�," �a / � �� "�';1 �;r�. �U/ �i � • Attached please find the agenda tracker for upcoming Select Board meetings. IT: • IT and the Town Clerk's Office have worked together to install new Digital Signage at the Town Office Building. You can currently view it on the displays by the back and side door. We are working on ordering a new, larger display for the front door by the Clerk's office. The new digital signage system automatically pulls from the Public Meeting calendar on the Town Website which eliminates the need for Town Clerk's staff to manually update, print and post on the physical cork boards. A big thanks to Jeff Wertheim for working hard on this to make it look so good! i/ ,� , � , ��6ii?�;i/ �� „ �� <;�� , � �� I, � I � �� i 6 , ,: , � � , � II I 11 �'i I° � I ,,.m � V � 1 Y �i�i�i��jlw�i��I��1 d�� ,��fi�� °r i� r�j��I Y��I�l�I I li I�� r I� � y' 1� � � �� %/��///%��i////////////� , , //////�/�%�l�/,„�%% � /, ii � � a�� : �j� „� %� ii� �� ".7;� ��l`� �ijii%�� „�,;,,,,,, ', ��V Land Use Health and Development: Assistant Town Manage�foN Development • The stellar SPRD Ad Hoc Committee held its last meeting this week, and approved remaining meeting minutes to archive. The Select Board is scheduled to dissolve this committee at its meeting on Monday, 5/8. • The site walk to kick off the Housing Feasibility Study was held Thursday. LDa architects is expected to complete the feasibility study by the end of this year. An information notice on the study will be mailed to abutters of the study areas. Conservation • New Dose of Nature Series Guided Walks Program developed for 2023! Each month Conservation, in collaboration with Public Health staff, will be hosting guided tours of the many Conservation lands in Lexington. Please join us in the beautiful outdoors! The first Wall�will take place on Tuesday, May 16th at 5:30 pm in Lower Vine Brook(Meet at Vine Street Entrance, T`r��11i�I��)C:':�.a��;...��._�;��e.._5c;��c8;ao,:�_�. • The 2023 Pollinator Plant Tool Kits (115 kits in total: 65 Shade and 50 Sun)have sold out! Since 2021, Conservation and Lexington Living Landscapes, along with support from DPW, have collaborated in offering these highly popular kits. This year the kits will be available for pick up at 201 Bedford Street(DPW) on Saturday, May 13th from 9 am to 12 pm. For those who missed out on ordering the tool ldts, there will be a la carte plants (Common Wood Sedge (Ca�ex blanda) and St. John's Wort plants (Hypericum prolifecu�n) for $7 each on this day. • 2023 Lexington City Nature Challenge Update from the weekend of 4/28 to 5/1: This year Lexington had 796 Observations, documented 313 species, 107 identifiers, and 25 Observers through the iNaturalist app. • 2022 Open Space and Recreation Plan Update: On the evening of Wednesday, May 3rd, the Recreation and Community Programs Dept. and Conservation Division, together with the Town's consultant Activitas, presented the Draft OSRP to the Planning Board, and received unanimous support for the plan. Next step in the approval process will be receiving the State's conditional approval of the plan. Health • The Health Office and Conservation have teamed up to continue the "Dose of Nature" guided walks on trails throughout town. At the walk, the Health Office will also provide information and handouts pertaining to a theme each month, as well as information on ticks/mosquitos and other summertime health topics. The month of May is Mental Health Awareness month. We will have a handout regarding mental health that also includes a list of local resources.��Ik ��.�°� ��r�n��e a�a�� ........................................................................................... • The CDC recently announced new guidelines and recommendations for COVID vaccine for adults 65+ and immunocompromised individuals. The Health Office and Human Services are offering COVID bivalent vaccine throughout the month of May. The vaccines are offered by appointment, and both office and home visits are available. For more information call Kelliann Coleman, Public Health Nurse or Wai Chong RPh. ��.._fl��°�....��..:��c��...�r��p • Health Director, Joanne Belanger,recently attended, and was chosen to present a session, at the NACCHO (National Association of County and City Health Officials)Preparedness Summit in Atlanta Georgia. Her presentation described the dismantling and rebuilding of the 4A Regional Medical Reseive Corps. (MRC) into 3 sustainable Units. She presented with the State liaison from the MA Office of Preparedness and Emergency Management (OPEM) and a local colleague from one of the other new Units. NACCHO holds two annual National conferences each year, the Preparedness Summit and the 360 Summit, to be held in Denver CO in July. Planning • The next public meeting for the Town-wide Bicycle Pedestrian Plan is June 8 at 7pm in Battin Hall. • The Planning Board voted to lceep Bob Peters as the Chair, Michael Schanbacher as the Vice Chair, and Melanie Thompson as the Clerk for another year. • 0 Cambridge St./Concord Turnpike - The large solar array proposed adjacent to the Waltham line is still under review by the Planning Board. The public hearing was continued to May 17. Public Works: • DPW Day is on Thursday May 25th from 10:00am—2:OOpm. Please drop by if you can. • DPW Week is May 22°a—May 26tn • Our DPW staff appreciation lunch is Tuesday May 23rd at 11:30am at 201 Bedford Street. Please drop by if you can. ARTICLE IV Residential Solid Waste �Adopted August 1991 by the Select Board] II��uui�m��ummN�;�,a�n��uoum� '�;u;��8 Vu ��,� �re�U�r�� Of�iir�w•�i�.�, §181-57.General pro�isions. A. Recycling is mandatoiy in Lelcington. B. The Town of Lexington is coinmitted to reducing the generation of solid waste within the communiry by working to: (1) Educate residents to reduce the solid waste they generate; (2) Accelerate recycling and composting efforts; (3) Commit the remainder of solid waste to waste-to-energp(resource recovery)disposal;and (4) Reduce the toxicitp of the waste stream. C. �Town Meeting has established a requirement for the mandatory separarion of certain recyclable inaterials from the iubbish of Lexinbton residents.School buildings and public Uuildings are included in this program. Apartments and condominiums also participate.Residents are encouraged to reduce the volume of packaging they bring home and to buy and use recycled products in order to support inarkets for recyclable materials. §181-58.Types of waste. The Town of Le�ngton collects the foIlowing categories of solid waste: A. Recyclable waste(every other week curbside collection)." Lex-IfeEy�e-l�-Consult the recycling brochure for an up-to-date lisring or see § 181-60 far details on preparation Vayi tilir�„eun ico�usflll ;Y,li i�Y rou,a i,�,noo�,nou I�;i"+I o�i utlu�°o;e,r w,clloou;�„q,�nu�n. ' �b b 'p\ AiT.=4ni P�n..,E !1 C.,�..a.nren.. i T ccccr�rvo�crricrocPcrcr��cccrs,r. l!�k�a`�'occrc.i�r'�:t�c'dr-f"cr`co�curc `"vas vo�crr" . B. Nonrecyclable solid waste (regular weekly curbside trash collection). All garbage and rubbish that is not considered either recyclable or hazardous waste or is not listed in§181-61E.See all of§ 181-61 for details. C. Household hazardous products disposal(10 collection events annually).Household hazardous waste includes any products or materials that can be to�c(poisonous),corrosive,flammable or reactive(explosive). See§ 181-62 for details. D. White goods pickup(curbside appliance pickup).Appliances are collected ctu�bside by appoinhnent only.See § 181-63 for details. E. Yard waste (curbside, drop-off facility and hoine composting). Disposal options for approved yard waste include curbside collecrion for three weeks in the spring and 10 weeks in the tall,drop-off(see§ 1R1-h4 for details)and home composting(see�181-66). F. Chiistinas trees(curbside hash collection and drop-off recycling).Christmas trees may be disposed of through the curbside collection of regular hash or by dropping them off for recycling(see§ 181-65). §181-59.General rules appl,ying to all curbside collection. A. Where to place containers.Collection occurs at the curbside.Place trash containers or recycling bins(with at least eight feet between them)parallel to the curb,not going up the driveway or walk. Waste will not be removed from inside houses, garages or other enclosures. Residents should be aware of winter plo�ving operations and place their refuse containers where they will not impede sidewalk plows or be toppled by street plows. B. When.Place the containers at curbside�n�aa'=�r*�"a.�rF:�m��=��no later than 7:00 a.m.on the collection day.Remove empty containers within 12 hours of the collection.Collection vehicles will not return to an area after the tiash or recyclables in that area have been collected. C. Holiday collection.Re�ttlar waste and recyclables are not collected on legal holidays.Therefore,do not put waste at the curbside on a holiday.During a week when a holiday falls on a collection day,the weekly collection moves forward one day.For example,if a holiday falls on a Monday,waste is collected Tuesday through Saturday of that week;if a holiday falls on a Tuesday,waste is collected on Monday and Wednesday through Saturday of that week.Your recycling brochure lists all legal holidays affecting trash collection. D. Sanitary conditions.Before and after collection,residents are responsiUle for maintaining safe and sanitary conditions at the collection site.Residents must remove refuse from spills or broken containers prior to the collection.The contractor will not collect loose refuse.Dog and/or wild animal complaints can be reported to the Aniinal Control Department at ftE2-O500 extension 240 during normal work hours. E. Scavenging.Scavenging or picking through trash or recyclables is prohibited. F. Penalties. Violation of these rules may subject a resident to penalty provisions under Town Byla��s and adopted regulations of the Select Board.In particular,if recyclable waste appears in a regular trash container, the Town will not collect the resident's regular trash.[Amended 3-27-Z019 ATM by Art 34] §181-60.Rules for curbside rec,yclables collection. Mandatory separation of certain recyclable materials from the regular trash by Lexington residents was established by Town Meeting in 1988.A detailed recycling brochure is mailed to all Lexington households annually. A. Containers.As part of the Lex-Recycle prograins,the Tovn provides each new household with a recycling bin (provide proof of new residency to pick up free bin).Everp household must use at least one I.ex-Recycle bin. IAdditional recycling bins are available for a sttt��fee.These are available at the Public Works Building,201 Bedford Street,weekdays from 7:30 a.m.unti1330 p.in.For inforination,telephone 861-2757. B. Recyclable waste preparation.Follow these rules when preparing and putting out recyclables,placing glass, metal,plastic and aseptic containers in the bottom of the Lex-Recyole Uin,with Uagged or bundled paper on top or beside the bin. (1) Glass. Clear, geen and brown food and beverage containers. Rinse clean. Remove lids, caps, corks, � plastic sleeves,etc.Paper labels are e�y�A,r r��a„V„r„��,;.Do not recycle broken glass. (2) Metal. Aluminum and steel(tin) food and beverage cans. Rinse clean. Crush to save space. Discard � cutout lids or secure within can by crushing. V'�gv�u �babels areak-�ya�r;;��,�,uu7N��. (3) Plastia Narrow-neck bottles with No. 1 or No.2 within the recycling symbol:water,juice,milk,soda and detergent bottles. Rinse clean, remove lids/neck rings, ciush or nest. V'ipy,;s l„I„�abels are �a�i��r�r c��V u,N„ti�;,. (4) Aseptia Milk and j�uce cartons/boxes.Einpty and rinse clean.Remove straws. (5) Mixed paper. Place newspapers/inserts,jnnk mail,office paper,book pages,chipboard boxes(empty and flattened),single inagazines,catalogs or phone books in brown grocery bags.Magazines,catalogs or phone books may Ue tied up to twelve-inch stacks.Break down and tie corrugated cardUoard 30 inches square maximum.No plastic bags are recyclaUle. C. ltems that will not be collected. 017�;,��ecyclable waste ca'=��+,?�u�o6r iJ 6�y��will not collect the following items(which may be disposed of in the regular trash collection): (1) Plastic bags with mixed paper. (2) Food remnants or wrappings. (3) Soiled paper,chipboard or cardboard cartons. (4) Plastic or foil cereal liners. (5) Book covers ar bindings. (6) Waxed cardboard. (7) Unflattened corrugated boxes. (8) Pizzaboxes. (9) Window or auto glass,mirrors,Pyrex,ceramics,dishes,etc. (10) Broken glass. (11) Ahiminum foil,pie pans or trays. (12) Paint cans. (13) Aerosol cans(empty). (14) No wide-top food containers(yob rt,butter tubs,etc.). (15) Any plastic bags. (16) Motor oil containers. (17) Unmarked plastics or bottles with a No.3,4,5,8 or 7 inside the recycling symbol. (18) Soiled aseptic boxes or cartons. D. Where.Put the recycling bin(s)at curbside,six to eight feet away from the regular trash containers. E. When.Collection of recyclable waste in the Lex-Recycle bin occurs every other week,on the same day as the regular��aste pickup.Consult contractor's annual brochure far calendar schedule or call DPW at 861- � 2757 , , • F. When inoving.The recycling bin should be tumed in to the Water Billing Clerk in the Tax Collector's office, Town Office Building,when the final water bill is paid. §181-61.Rules for collection of nonrecvclable solid waste. Regular weekly trash collection is divided into five routes,roughly coinciding with precinct lines. A. Approved containers.Put all waste in approved containers only.Do not stuff containers beyond their capacity or have items protruding out of the top of the barrels.Cracked or broken containers that are empty will be collected as waste.All containers are used at the owner's risk.Approved containers include: (1)Plastic bags that ue at least 1.5 mils thick.The bags must not exceed three cubic feet(30 gallonsl in content ar 40 pounds in weight.The bags must be tightly sealed or ried. (2) Metal containers should be watertight and rust-resistant and have handles and tight-fitting covers.The containers must not exceed ithree cubic feet(32 gallons)in content or 50 pounds in weight�. Commented[1M1]:Davc or Robcrt—what is thc 1I appxopriatz size at tivs pomt? I understand laxger containers J (3) Plasric bairels must be heat-and water-resistant and must have handles and tight-fitting covers.They arc now uscd(this was last updatcd in 1991..). must not exceed tluee cubic feet(32 gallons)in content or 50 pounds in weight.The waste� r ni ir,;n ru �„�,�i is not responsible for plastic containers that crack during cold weather. B. Number of containers. V�r,�n„�k�aste�c�;,y uir�o-xr�+un��will pick up a maximum of six approved containers per week, and five bundles of branches over one inch in diameter(for preparation see Subsection E). C. When moving. The regular waste ec��leete��yru�n,n�°v��x;will pick up addirional trash containers in excess of the maximums listed in Para�aph B when residents are moving or cleaning out Uasements,ete.Residents must call , , Yli�.��xp�i��G u+��to notifp them in aclvance of their regular collecrion day.The waste�ar'��*��J�xu,rti a�:�,JN�a does not make special picicups. D. Bullcy objects. 8�,�'�,ulky object,^��will be collected at curbside on the.� '��er��*a^�day � �i�^��ufi� �i�lli;r,u V �<�r�;�.A bulky object is anythinb that �w Ilu;�1itV°��Ylu�r¢u�,fi,�Vu� �rv�icc�a,a Yr,n�,iY Vf�;�f, d�,,�;,��,�uo uu°�tl �,_. will not fit into an approved container(Subsection A),such as a television set,automobile tire(without iim), storm door,lawn furniture,barbecue grill,mattress,box spring,rugs(cut in four-foot lengths,rolled and tied), etc. E. Waste preparation.Follow tllese rules when preparing and putting out waste: (1) Drain all liquids from food waste before putting it into the waste container. (2) Wrap food waste securely in plastic bags,such as old bread or supermarket bags. (3) Make sm'e no waste material proh-udes above the top of the container. (4) Window glass should be taped to prevent shattering. (5) Keep waste containers in a sanitary condition,covered and/or tightly sealed.A few drops of ammonia discourages animals fiom scavenging. (6) Cut tree branches and limbs no less than one inch and no more than four inches in diaineter into three- foot lengths and tie in bundles.Bundles must not exceed 50 pounds in weight and 24 inches in diameter. Maximum of five bundles per pickup. (7) Wooden objects such as picnic tables, fence parts and scrap wood should also be cut into three-foot lengths and tied in bundles. (8) Scrap metal such as fence posts,railings,dismantled swing sets, aluminum ladders or lawn furniture should be broken down and securely tied before putting at curbside �7;a��l,�iup� w ill�V� ,r.11u�i,uull�.+�uHuGJ��xu��B�i� �Hu�r.w+b��il+=+�=��xuv.i,c��rui�Kr,tl�.f�,,,+,��:eVrlluMVu•a��r �fi ,��.��rup+"Ju�u��rll. (9) Lawn mowers should have gas tanks removed and all fluids removed as well. (10) Latex paint must be completely dried out(solidified)before placing in regular trash.Use kitty litter or a similar drying agent to speed up process. (11) Oil-based paints with less than two inches of residue may also be dried out and disposed in trash. F. Items that will not be collected bp t}ie waste��°�Yi�il,r i�c��r: (1) Dead animals or animal waste. (2) Hazardous waste products(see§181-62 for description). (3) Biological or infectious wastes,inedicines and medical devices. (4) Lnproperly pacicaged medical sharps. (5) Autoinotive parts, such as batteries,body parts, engine blocks, fenders, frames, tire rims, gas tanks, � transmissions,eta��^��'��1��oo�r�o��R��'�"�•��r,.r,��r.,,-�,.�.� (6) l,ogs and tree stumps. (7) Yard waste(see§ 181-64 for disposal of yard waste). 8 An ro ane tank for dis osal,see 181-62��.-�-� a�r,.��r,.��o��,u� i, e��_c�� ) Y P P � P § �"��a , ) (9) Recyclable waste(see§181-60 for list of recyclable waste). (10) Building andlor construction debris, e.g. wood, asphalt, concrete, etc. Building conhactors are responsible for the proper disposal of all conshuction and building material or offer debris left fiom their worlc, such as wood,beams, shingles,plaster, asphalt, concrete, earth and gravel, etc. T1ie Town of Lexington has no facilities for disposal of construction materials and the regttlar trash contractor will not remove it as residential waste.Please consult the Yellow Pages for disposal contractors. G. Unaccepta e contamexs. q�u,r ��;6t�aste sQ�a�'o�-�a,��o�u��tl„�ix�will notpickup waste in unacceptable containexs. The Town of L,exington and the waste c^oa'��r��i i�o,t��r ui assume�no responsibility for waste that is not put out in approved containers(see Subsection A).Unacceptable containers include: (1) Cardboard barrels,cartons and crates. (2) Plastic bags other than those described under Subsection A. (3) Containers without handles or lids. (4) Containers with waste protruding above the top. (5) Lawn carts or wheelbarrows. (6) Oil drums. (7) Open baskets or boxes. (8) Paper bags. §181-62.Rules for disposal of household hazardous products. The To�n of Lexinb on has joined with seven neighboring communities to address the problein of household hazardous products disposal.In order to keep these materials out of the waste stream and the environment,residents are encouraged to deposit them at the Minuteman Household Hazardous Products Facility on the scheduled event days. Some of the products that should be separated from your recyclable or regular trash are listed below. For proper disposal of any hazardous waste not listed below or listings of dates,contact the Board of Health,862-0500 extension 200. A. L,ocation.The Minuteman Household Hazardous Products Facility is located on Hartwell Avenue,at the site of the DPW Composting Operation and the former landfill. The entrance to the facility is located opposite Maguire Road on Hartwell Avenue. B. Hours of operation.Collections occur on 10 Saturdays(at least once a month)from April to November.Hours of operation are 9:00 a.m.unti13:00 p.m.Residents will receive an annual mailing indicating the dates when the facility will be open,along with instructions for bringing the waste. C.Products.Hazardous waste includes any products or materials that can be toxic(poisonous),corrosive, flauimable or reactive(explosive).Collection events include but may not be limited to the following products.Consult the annual mailing for up-to-date product listing and liinits. Cleanin�Products Bathrooin cleaners Drain openers Oven cleaners Metal or furniture polish Spot removers � Automotive Products� Motor oil and oil filters Brake or transinission fluids Antifreeze Solvents Auto batteiies Polishesand wax Pesticides Weed killers Fungicides and herbicides Insecticides,pest strips Fertilizers�vith�veed killer Wood preservatives Rat poisons Paint and Paint Products IPaint and Paint Thinners*—* Paint removers Stains and varnishes Epoxies and adhesives IAerosol cans(with product}*�-� Other Products � Batteries�-� Fluorescent lights Thennostats Drive�vay sealer Pool chemicals Hobby or photography chemicals Propane tanks(up to 22 pounds) Waste fuels(e.g.gasoline) Do Not Brine Explosives Asbestos Ammunition,fireworks Comtnercial hazardous waste � Empty aerosol cans**—* Fire estinb ishers Gas cylinders Infectious or biological wastes Medicines or syringes PCBs Radioactive inaterials Smoke detectors Tires �** §181-63.Rules for white goods disposal. Refrigerators, stoves, microwave ovens, dishwashers, washing machines, clothes dryers, water heaters, air conditioners and dehumidifiers are collected curbside by appointment only �•« ~,��a�aa't';�~�a��'�� +l�i, �,;F,. v, ftis�Iln Nu �l V7�,�li� r,ll�°r;� V��v�ii��,. Doore muet be removad from refiigeiatore. Colleetione axa ou�antly echedulad once a week.Call the�se-�tt-�r u,iCrc,contractor to schedule a pickup,V�ast€�o4a�ag��g�t�,Ta�..,S;�PRr��''�'r°�_,�- �-�-3. §181-64.Rules for disposal of yard waste. A. State solid�vaste management reb lations prohibit the disposal of yard waste in landfills and incinerators. Lexinn on has developed several options for disposal of approved yard waste.Approved yard�vaste includes: (1) Leaves. (2) Grass clippings. (3) Flower and vegetable plants. (4) Wood chips. (5) Pine chips. (6) Pine needles. (7) Hedge clippings. (8) Brush one inch or less in diameter. B. Yard waste curbside collection.Yard waste is collected at etu�bside during the spring and fall collection period in a separate truck by the regttlar waste contractor and hansported to the Town compost site at the Hartwell Avenue Recycling Facilit��. (1) Containers.Yard waste must be placed in open trash barrels or biodegradable paper bags and must not be mixed with regular trash.Yard waste in any other containers will not be collected. (2) Where and when.Place yard waste(in open barrels or biodegradaUle paper bags sold by local merchants) containers curbside at least eight feet away from regular trash containers on the regular trash collection day duiing the three-week spring or ten-week fall collection period. Consult the anmial recycling brochure or local newspaper for exact collecrion dates.Yard waste placed at curbside piior to or after the yard waste curbside collecrion period will not be collected. �3}—Bioden adable bags.These thiriy-gallon bans hold three times the weight of plasric bans and they do not pollute the environment as plastic bags do. So-called "plasric biodegradable bags" are a combination of plasric and cornstarch. They are weaker in strength than the paper bags and while the cornstarch breaks down the plastic does not —fn'�far�aE�. ��'[�� arw.,��^�ra^ �ta b4�r-��3-3� �afrd��s 9� ��ei�R�O Tx��tiUi,c.�� r„��i,c.�� a.�. ^�� —R��-�� 7�09 —Q>�-t�� m� �e�riset� ��i�� cittgtea ��ag�� `��=�e� �eE �s �et-� �z�� as� '��7 �x��c.'�«�a 427� rxT..r.�.a�.r� � � ��<�n� ��r n��nn �� a2`-cr3^vr'r"sr.��..p a�r,a-s^vrrr'"�uFrrr"3 rt,...,..n�,. "� �6� �{39r. �-� Ur�ic^u32ca� A.,�.,..,. c*,��".i* ��cn��.t�c...�s o�i i�nn o�� nnn o-�«��.,� c i�� u,...,.,�. �2� i)�.,7+;...�7 Yi�'� �� +'`-�r �Qi-aa� -ov�i-vr�.�icr� ca`cr"ccc 4 t_��ry^�J C. Town compost drop-off site.Residents may bring approved yard waste in any container �ri�V Vv,�,�lll�� udr uuu;{to the Hartwell Avenue Recycling Facility across from Maguire Road.After tlle container is einpried,it must be removed from the area(biode�-adable paper bags are the only exception to this iule). (1) Hours. The recycling area is open for yard waste disposal from April to mid-December during the following hours:Monday through Friday,7:30 a.m.to 3:00 p.m.;Sunday,R:00 a.m.to 5:00 p.m. lt is also open the Saturday before Easter Sunday from 8:00 a.m.to 5:00 p.m.and closed Easter Sunday and open from R:00 a.m.to 5:00 p.m.on all Sahirdays in November. (2) Contractors employed by Town residents may also dispose of approved yard waste at the recycling area. Contractors must purchase a yard waste permit sticker during business hours at the DPW Operations Facility at 201 Bedford Street Peimit sticker fees are dependent upon the siae of the vehicle.Conhactors who do not obtain a pem�it or who provide false infonnarion 1vi11 not be allowed to enter the area.Punch cards for occasional disposal of up to 10 yards(one-yard increments)of yard waste or for dumping Unxsh from one inch to three inches in diameter are available for$50($5 per yard). D. Composted product available to residents.At the Recycling Facility,yard waste is composted,mixed with peat and loam,and used in park,cemetery,recreation and highway projects.Compost is also available in small I amounts for home use at little or no cost to residents.Bring your own container. §181-65.Disposal of Christmas trees. Residents may dispose of Christmas trees beginning the first Mondap of January by placing them curbside with their regular trash for collection and incineration or bringing them to the DPW Facility at 201 Bedford Street any time after Christmas to recycle them. Leave trees in front of dead-end driveway opposite front entrance.If recycling, please remove all foreign objects from tree:ornaments,tinsel,nails,wire,tacks,plasric bags,twine or rope.These items are dangerous to employees and equipment when trees are being chipped.No wreaths or roping may be recycled. §181-66.Composting bins. Lexinb on has received a state grant from the Deparnnent of Environmental Protection to distribute home composting bins at a reduced price of$20(plus tax)each.Purchase bins at the DPW at 201 Bedford Street and then pick them up at the Harri�ell Avenue Dump durinb its business hours(Monday throttgh Friday 7:30 a.m.to 3:00 p.m.).An infonnation brochure is available from the Deparnnent of Public Works.To make compost: A. Add: (1) High carbon materials("browns"). (a) Fallleaves. (b) Straw. (c) Salt marsh hay. (d) Shredded paper. (e) Cazdboard. (� Paper toweling. (g) Newspaper. (h) Paper plates. (i) Paper bags. (j) Chipped brush. (k) Sawdust. (1) Pine needles.(Pine needles should not make up mare than 10%of total material in pile.) (2) High nitrogen materials("greens"). (a) Grass clippings. (b) Weeds(not laden with seeds). (c) Vegetable and fruit wastes. (d) Seaweed. (e) Eggshells. (t) Coffee grounds aud filters. (g) Tea bags. �h)Manure(horse,cow,rabbit,chicken,goat,gerbil,etc.) B. Mix or layer materials.After eveiy 12��'��Q�o,add�aa�,--�,��u�a'��ls�rrich soil or coinpost. C. Keep it damp and aerated.�P,�a:t a-teE�-mr�t�t�tra�d-�'-si�a...bla��sl1! §181-67.Questions or suggestions. For questions or suggesrions regarding I,ex-Recycle programs call Public Works Operations u�eekdays 7:00 a.m.to 3:30 p.m.(861-2757)or the�Call Hotline 24 hours a day(1-800-800-6881). Chapter 80 NOISE CONTROL �HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GEnERAL REFERENCES Alanns—See Ch.5. Animals—See Ch.9. §80-1.Findings. The Town of l.exington tinds that excessive or unwarranted noise jeopardiaes the health,safery,and welfare and de�ades the quality of life of its citizens. §SO-2.Purpose and applicability. A. The purpose of this by-law is to protect the citizens of Lexington from excessive or unwairanted noise.No person owning, leasing, or controlling a source of sound shall willfully,negligently, or through failure to provide necessarp equipment,service,or maintenance or to take necessary precautions cause,suffer,allow, or pen2lit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regttlations. C. Noise-related provisions of Chapter 9,Aniinals,inay be enforced under this Uy-law. D. All To�vn departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations,carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preeinpted by state or federal law. §SO-3.Detinitions. When used in this by-law,the following definitions shall apply: BROADBAND NO1SE Any sound that contains a broad range of tonal sounds. COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property.[Added 11-8-2021 STM by Art.10] CONSTRUCTION Any site or building preparation,assembly,erecrion,substantial repair,alteration,destruction or similar action for public or private rights-of=way,structures,utilities,or siinilar property. EMERGENCY Any occurrence ar set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property danlage threatened or caused by an emergency. EXCESSIVE OR UNWARRANTED NO1SE An}-noise that disturbs a reasonably prudent person or results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas-or electric-po��ered lawn mowers,hedge trimmers,��eed 80:1 whackers,leaf blowers,and other equipment used in landscaping or lawn care.�Added 11-8-2021 STM by Art. 10] MOTOR VEHICLE Any vehicle which is propelled or drawn on land Uy a motor, such as, but not limited to, passenger cars, trucks,truck-trailers, semitrailers, campers, tractors, go-carts, snowmobiles, all-terrain vehicles, motorized scooters,racing vehicles,or motorcycles. NO15E 1NJURY The condition resulting froin any sound that A. Could cause,or allow to cause injury to the health of humans; B. Endangers or injures personal or real property;or C. Exceeds the applicable maximum permissible noise levels, Ipir Force Standard AFOSHSTD 48-19, "Hazardous Noise Prograin,"dated 31 March 1994. � Commented[JM7]:Is this thc most applicablc noisc � NO1SE LEVEL Measured property of sound,which for the purpose of this Uy-law,will be expressed in A-�veighted standard? IYs almost 3o yeus old... decibels(dBA), obtained with a Type I or II sound level meter as specified under American National Standards Inshtute(ANSI)standards. __ __ __ __ __ __ __ __ _ . � Commented[JM2]:Is this thc most up-to-datc sta.ndard'� � NOISE POLLUTION The condition resulting when:a broadband sound source raises the noise level by 10 or more dBA above the ambient noise;ar a,tonal sound source raises its octave band noise level by three decibels or more Commented[1M3]:[s 3 db chc r�;ht lc�cl? � above the adjacent octave band levels.These threshold levels are identical to those in the Massachusetts Division of Air Quality Control(DAQC)Policy 90-001(2001). _ _ Commented[JM4]:Does this shll exist? Should this be � updatcd? This agcncy docsn't dcal with noicc,but with air TONAL SOUND Any sound that has the characteiistics of a pure tone,whine,hum or buzz.§ pollution RO-4.Prohibition of excessice or unwarranted noise. Generation of excessive or un�varranted noise is prohibited,except as provided Uy§§80-5 and 80-8 of this Uy-law. In addition,the following restrictions sha11 apply: A. Construction/private seivice/maintenance power equipment [Amended 6-1-2020 ATM by ArL 27� (i) Contractors are permitted to operate tools or equipment used in constmction, including �,drilling or demolition work;,m a manner such that this operation creates noise across a real property boundary that Commented[1M5]:�ritling and dcmolition may nccd to would disturb a reasonably piudent person only on weekdays between the hours of 7:00 a.m.and 5:00 be expuided so chat it is cle�er what is meant by this ptu�ase. � _ p.m.and on Saturdays bet�n�een the hours of 9:00 a.m.and 5:00 p.m.Such operation is not permitted on Commented[1M6]:Is`-only"necessa�y here? It makes � Sundays and legal holidays. _ _ _ thc scmm�cc mad odd. (ii) Residents are permitted to operate tools or equipment used in construcrion, including drilling or Commented[JM7]:The�e honxs seem to be the roo�of che� most recent issue as wall as the othex comn�ents m this demolition work on their own property,in a manner such that this operation creates noise across a real section. property boundary that would disturb a reasonably prudent person only on weekdays bet�veen the hours 1 of,7:00 a.m.and 9:00 p.ru.and on Saturdays,Sundays and legal holidays only bet�veen the hours of 9:00 �ommented[1M8]:A�e these houxs ok7 � a.1n.and 5:00 p.m. �� , Commented[JM9]:Should this bc consistcnt with Icontractocs? If 7 AM is too carly and disrupts ncighbocs, (iii) �ln addition to the above resh-ictions,blasting and the use of powered equipment used in the breaking of I shonldn't that be the scuidu�d,not who is doing the work? rock and pavement,including but not limited to hydraulic or pneumatic hammers,by contractars and Samc gocs for thc 9 PM scop timc. residents is permitted on weekdays only Uetween the hours of 9:00 a.m. and 5:00 p.m. and is not pennitted on Sahtrdays,Sundays,and legal holidays. _ _ __ _ _ Commented[1M10]:[s chis scction ok ifpara.(i)abovc is I addxzssed ox does this need fiuthex claxification? This is the B. Commercial trash collection.The operation of commercial trash compactors or collecrion of trash,iubbish, �paragra�h abuttcrs of chc mosc rcecnt iesuc pointcd to as thc refuse or debiis,which benerates excessive or unwairanted noise at any point of public or common pass-by xeason the con�racwr could noc w oxk,so perhaps th�s�s ok. between the hours of 11:00 pm.and 6:00 a.n1.is prohibited. C. Conunercial deliveries or pickups.Deliveries or pickups for coinmercial or business purposes between ll:00 p.m.and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. 80:2 D. Electronic devices and musical instruments.No person owning,leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. E. Fixed plant equipment. Excessive or un�varranted noise caused by tixed plant equipment such as, but not limited to,air conditioners,pumps,fans,furnaces,compressors, engines,ventilation equipment and similar fixed plant equipment is prohibited. F. Motor vehicle alaims.No person owning,leasing,renting or otheitivise in control of a motor vehicle will pei�nit the soundinn of any horn, alarm or other sinnaling device for any period of time exceedinn 10 minutes. Auton�atic alarm systems must be programmed to reset witLiin 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alann ar other signaling device that fails to comply with this section will direct an owner,operator,renter or person in control of the vehicle to silence the motor vehicle alarm.lf,after making a reasonable atteinpt to contact the vehicle owner,operator,renter or person in control of the vehicle(ar if that person refuses to comply),the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful,an authorized towing agency may be used to remove the motor vehicle to an approved storage area.The registered owner of the motor vehicle will be responsiUle for all reasonaUle costs,charges and expenses incurred for the silencing of the alann,removal and/or storage of the motor vehicle. G. Stationary engine iun-up.Permitting,allo��ng or causing generation of excessive or unwarranted noise at any point of public or common pass-by tluough the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of rime in excess of five ininutes is prohibited. H. [Amended 11-8-2U21 STM by Art.10] (1) The outdoor use of landscape maintenance equipment by coinmercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 6:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (2) The outdoor use of landscape maintenance equipmentby persons other than connnercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays,Sundays,and legal holidays:9:00 a.m.to 5:00 p.m. (3)The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town propertp shall be limited to the following hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.in. (4) Landscape consh-uction wark shall be goveined by§80-4A,rather than this§80-4H. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexinn on shall be prohibited. (7) Effective March 15,2026,the use of all gas-powered leaf blowers by residents on flieir own property in the Town of Lexington shall be prohibited. 80:3 (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibirions in Subsection H(6)and(7). §SO-5.Exemptions. A. The provisions of this b}'-law shall not apply to sounds einitted during or associated�vith: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades, public gattierings, or sporting events, for which permits have been issued or which are supervised by the School Department ar the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a faim or any ancillaiy or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical device, apparatus, vehicle,or equipment used in connection with an emergency; (6) Snow reinoval activity;and (7) Any activity m the extent the regularion thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply ifthe noise is detennined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. §80-6.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is caused by a given noise sotuce will be made in accordance with the definition of"noise level"in§80-3. B. To deterniitie if there is a noise violation on private property,the noise measurements shall be made at the boundary of the property in which the offending sound source is located. To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby inight lawfully occupy. §SO-7.Enforcement and penalties. A. The Police,Fire,Health or Inspectional Services Departments,or any designee thereof,shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw,or who is the owner ofproperty on which such violation occurs,shall be fined an amount not to exceed$50 per first violation,$100 for the second violation,and$200 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1,§ 1-6 of the General Bylaws.The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each day that such violation continues shall be considered a separate offense.[Amended 11-5-2021 STM by Art.101 §80-8.Noise rnitigation plan for construction.�Added 10-21-2020 STM b,y Art.3�1 (i) �A noise mitigation plan shall be required prior to the issuance of a building pennit for construction projects l. Edifor'a Note:This nrticle nleo renumbered former§§SU-8 thruagh 80-I1 xe§§80-9 fhrough 8Ud2,revpecfively. 80:4 in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery,including ledge removal,rock pounding,rock crushing,rock drilling or rock cutting(collectively defined as"ledge work");and (b) Ledge work activities are anticipated to take place on inore than seven days over the course of the project. Commented[1M11]:[nformation providcd by 7im Kclly I indicated the noise burier was effective at thz most receut (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum,require portable sound barriers, � sire loca�ion where chere weYe complainrs. Does ehis section designed to reduce sound levels outside the barriers by at least 10 dB(A),surrounding and installed as close need any modifications? as practicable to the source of the noise.These barriers must reduce construction noise to prevent noise injuiy to Town residents.The objective of this bylaw is to keep maximum noise levels under 85 dB(A)at theproperty line. (ni) In the event that a building permit is issued under the assumption that none of the§80-8 provisions applp,and it is discovered that such provisions do apply after the project begins,then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with§80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise plan,whether by using inadequate bamers,poor Uarrier installation,poor maintenance,failure to move them to a new work area on site,or any other problem,then work must cease until the issue is corrected and ia penalty of$50 per day may be assessed Commented[1M12]:This sho��ld be claxified so tha�i� in accordance with provisions of§ 80-7 for any days that ledge work took place without a plan, or not in I doesn't sound like ic's a�5o pex day fine. since each aCCordanCe witll a Submitted plan. I sepazate day is a sepaeate offense,by the third day it's$200 Iper day aftcr that._perhaps this should just rcfcrcncc"in (v) iIn addirion to the general enforcementprovisions of Chapter 80,the Biulding Departmentin conj�mction with accordance v.•�th Sec«on So-7 the Public Health Deparunent shall have the power to enforce this section. � Commented[JM13]:Th�s�s unncccs�ary and incomplctc 1 as it s addTessed m 80 7(A). � §80-9.Special permits.[Amended 3-31-2004 ATM by Art.39] A. The Select Board,or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law.A person seeking such a pennit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board ar its designee. The following criteria shall be considered when deciding whether to issue a special permit:[Amended 3-27- 2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Whether the proposed additional noise will have an excessive impact on neighboring cirizens. B. The Select Board,or its designees,inay issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special pennik �Amended 3-27-2019 ATM by Art.34� C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance�vill cause an applicant excessive financial hardship;and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessarp conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice ofthe time and place of said hearing shall be given by the Select Board,at the expense ofthe applicant, by publication m a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posring such norice in a conspicuous place in the Lexina on Town Hall for a period of not less than 14 days before the day of such 80:5 hearing and by delivering or mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art 34� §80-10.Severability. If any section,parab aph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other secrion,paragraph and part shall continue in full force. §SO-11.Relationship to other laws. Nothing in this by-law shall be construed to restrict,amend,repeal,or otherwise limit the application ar enforcement of existing To�vn of Lexington Uy-laws or Cominon�vealth of Massachusetts laws. §80-12.Rules and regulations.[Amended 3-27-2019 ATM by Art.34] The Select Board,or its designees,may promulgate,after public notice and hearing,rules and regulations to effectuate the purposes and intent of this by-la�v.However,failure by the Select Boazd to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. 80:C ITE E � �"P�� I 11TE� It�m# �scri�ti�r� 9:OOam in SBMR: LexHAB will know on 5/3 if they are successsful in bid on property and need to get board approval Ex�rnption 6 �ur�ha�� f R�al 5�Ma �23 2� 1 and discuss financing If they have Pr��rty(L�xFiA�) � already had bid accepted (but not yet entered P&S which requires Board approval, I believe this is still under exemption 6, but confirm. Exerri�ati�n 2e Pre��r�ti�n f�r IV�goti�ti�n�vvith CV�nunion 5�May�23 30 2 9°OO�rn in S�IVlRe Ta di�cuss Town er�on �I � � a� a� �r f�anager salary Sean Dugan is requesting to put a tax ;T�x �ill Ins�rt R�qu��t g��y�23 p � bill stuffer in the next tax bill highlighting ;different ways residents can access information from the Town. ;L�xir�gtc�n Li�ns �lula G�rrviv�l 8�f�ay�23 0 0 ;Annual Lion's Club Carnival Permit ;Affordable Housing Trust approved at Di��olv��fforcl�l�le Fi�u�ing Town Meeting; recruitment is in place for ;Tru�t�tudy C�rrirriitte� 8��Y�23 0 d members af the Trust-to be dissolved once Trust has been established (minutes are all set as of 4/13} To be dissalved after Anr�ual Town Di��lv� SPRD Cearr�mitt�� llay�23 0 0 Meeting as vvork is complete (final meeting an 5/4; minut�s are current} T�wn I�iar�ag�r C�rr�rr�itt�� Council on Aging and R�cre�tian R��p��intments 8�f�ay�23 0 0 Committee reappointments (terms ending on 5/31) Ap�r�v��I��t �o�rd 19ll�eting 8�May�23 0 0 3/27; 3/29; 4/3; 4/10 �4/12 ir� t�s ' ' ' ' Ap�r�v� �n�mD�y Liquo� . Lexing�on Tennis Club is hosting a �i�� i��t�� .��i� fundrai�er�t its auvn Ir�catian on 5/20; �lub x19 L C�II� or�tiv� 8�May�23 0 0 LA�� Callaborative is ho�ting �he annual Lexingtan attle Green � C� �2 Festival in the Depot Lot 5/20�5/21 Ap��re�v� (�pe�i�l Ev�nt} Ent��t�in��nt Lic�n�� LA�� f�ay�23 p p Live band at the �nnu�l Lexir�g�on �attle olla �r tiv� Green ��Q Festival an 5/20 anly Ap�r�v� Licer�se for Pu�li� Ente�tainm�nt�n SuneB�y� 8��1ay�23 0 0 Live band at the annual Lexir�gton �attle oll �r tiv� Green ��Q Festiv�l on 5/21 House �ear�rewing to sell me�d/cid�r , a��he Lexingfon Farmers' fVlarket for the Farrn�rs �Vi�rk�t 1n(inery gs��s23 0 0 2023 season, this is ready,just uvant to Requ�st� Fi�us� �e�r�r�wing ;tirne with TfVlO permit approval to ' ' ' ' 'Farmers market itself ��ial Eos�nt Ent�rt�irurrti�nt Li��r��A��li��ti�r�e L�xington L�xing�on F�rmers' nflarket reques�ing ��I �� II� �ra�tiv� 6�/a 8� ay�23 0 0 license for live perfarmances and reer�rded music every Tuesd�y frarn �xir� t� �r �r�� r �t9 5/30�10/31 (except for 7(4} �rth�n Ro�d �r�ctic� Fi�ld NEVVi/ proclamafic�n reques�from the A��r�v��nd Sign �rocl�nnati�n 8�fVla �23 0 0 Hurr�an �ervices �epartment and ;��hilclr�n"s �Vl�r�tal Fi��lth VV�ek Y ;Lexing�on Human RighY� Cor�mittee far �hildren'� Mental Health Week 5/7�5/13 L�xHA� �ppointments x2; S�I��t �c��rc� Connnnitt�� 8�Ii�a �23 0 0 �emiquincentenni�l �ommissian A p�ir�t � t� � (Lex250) Cc�mmunity M�mber R�presenfative x1 The �hairman of the ��aard is elected Reorgar�iz�tion �f the �oarc! 8�I�lay�23 10 1 ;annually after the dissolu�io�r af the Arrnual Town Meeting exin t� i�y�l� vis�ry Request pending TSG and Engineering ��rr�rnitt�� R�qu�st for 8mMaym23 10 2 ;for pilot to replace parking lane along ,Wo�th�n Ro�sd �ik� L�n� Pilest Worthen wl2 way bike lane ;Pu�li� Fi��rir�ge �/in� � M�It Adverti�ed Hearing vvill b� advertised in ��taur� t i �r i�� fhe 4/27/2023 Mlinuteman for approx �i �i � � �t L 11 ��May�23 10 3 7:OOpm, (�I�� n�t t� � u� b�f�r� ��sa�c usetts ve 7} applic�nt vuill mail �butters notices within 3 days of adverfises Kelly spoke with Maggie Peard uvho�n✓as at a Sust�inabili�y meeting uvith Mark ;En�rgy lJs� �i��losur� lJ�dat� 8�May�23 10 4 ,Sandeen on 11/15 and he suggested she come to � 5� meefing in Jan/Feb to update on the energy use disclasure 11�cl�t� �r� Fl��t El��trifi��ti�r� fVlaggie �e�rd u�ill provide ar� updat� on ��I�� 8�f�ay�23 10 5 where the Town is in tracking the vehicle type �nd replacement Mike Cronin has asked that the Board Sol�r C�n��y Fi�ight have a discussion and provide some �i��i�� 8�MaY�23 20 6 guidance for the meetings with the abutters to facilitate the design in a timely manner. Art� C�un�il �ik�w�y gs�a �23 10 7 �ime sensi�ive request s��king approval i �tallation �qu�st Y for summer installation i�c ss �I�ct ��r i�i�on gv��yv23 5 $ Assignm�nts Ex�nn�ti�n 3e C�Ilective 8s�� 23 2a � Executive Session B: To discuss �arga�ining �Fir�fight�r� � negotiations with the Firefighters Union J�in� �Vl��ting vaith S�ho�l , ��rr�rr�itt��, S�I�ct ��rd9 ��ital Ex�er�clitur�� 15�May�23 �d � This jaint meeting is fo discuss the C�rr�rr�itt��nd Ap�pr��i�ti�rr future use of 173 Bedford Street � itt��t� is�u�s 173 ��df�rci Street This is related to fhe Tawn M�nager's request ta have a discussio�r an Dis�ussion on Corrtrriunity 15�fVlay�23 60 2 developing a cammunity engagement E � � �nt �oli�y palicy ta provide clearer guidance to s�aff moving fon�vard to mee��he S� �xpect�tion�, A��r�v�S�I��t ��rci IVl��ting 22�May�23 0 0 4/24, 4/26 , ir� t�� L�s �avage III is up far re�ppointment to s�l��t ��arci Corrarraitt�� 22�IVIa �23 p � L�xHA� (term expires on 5/31}; Gerry ��p �int e t � Howell does nat vuish to be reappointed a��he end af his term on 5/31 ��I��t ��ard C�r�rtiitt�� 22�Ma �23 0 0 �`ppointmen�s�o be made folla�ving the A �oi t �nt� y April recruitment lJ�d�t� �n ��I�r��r��y fc�r 22�May�23 15 1 lJpdate an the �alar�anopy ��li�� t�ti�r� ��oj��t R��id�r�ti�l �olicl 1/V��t� This is fhe community engagement F�egulation Airn�r�drn�r�t/Fees sessian for the public to comment on the �r�s� t�ti� In�ludi � �II� 22�IVIay�23 60 2 propo�ed salid waste regulatian � � � amendrnents and fee structure for bulky it�rns/vvhite goods, ' ' ' ' 'IVlelissa Battit�has indicated that the cas�of ' ;the adjustable basketball hoops h�s �c�rt�id�r Ap�r�v�l �f�r� ��v��yv�� 10 3 ��creased from$10,500 for 7 new haaps ta ir��r�a�� or�ARPA F��u�� $19,936. Given current pricing and the ' ' ' 'previous approval, th�Town would only ' purchase 3 hoops. P'�rk and R�c�-�ati�n M��th This is a request from the Recreafion �ro�l� �ti�r� 2023 22�IVIay�23 5 4 [Jepartment to recognize Park and Recreation Month ;This is a request r�ceived from Dan Busa an Re�u��t�o na�rrt�th� �illi�rt! behalf af the Lexington Rotary Club �� t th� C� unity�� t�r 22�May�23 10 5 requesting that the Billiard Room at the Community Center be named after John ' ' ' '(Jack} Maloney. L�slie ilVilcatt�Henrie (+nevv r�rkt mgr} R�vi��nr of 2022 �r�ci Pr�vi��r�f requested �o came�o�he fVlay 22, 2023 2023 F�� r�e asrk�t 22�M�y�23 6 to pravide a �ummary of the 2022 Farmer�' fVlarket�nd what is coming for the 2023 Farmers' IVlarket PLACEHOLDER� �r�s�nt�ti�n �' St��rn�r�t �f Ccsn��rr� f�r 22�May�23 20 7 CW requested delay to May so that group �xir� t� '� r�� car�complete th�autreach (em�il 3/29} In� at Hastings submitted an alteratian af premise applicaiton for their liquor �I��hold�r� Liqu�r Li��r�� license to formalize the outdaor area ta � �r�t� It�r ti� f include the new patia area they built, �r�rr�i�e/u�ciate liqucar li��ns� 22�May�23 15 8 Their liquor license is currently cavered c�nclitic�ns r�g�rcling rr��nr at the present by the sfate extension for � t oor I I outdoor dining �reas to serve alcholol in ;this area along with their local application for outdoor dining under the Town I��n�ger, AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Tax Bill Insert - Access to Public Information ITEM PRESENTER: NUMBER: Select Board Chair C.1 SUMMARY: Category:Decision-Making The Director of Communications is requesting that the attached insert regarding ways for residents and interested persons to obtain information on the Town's events, programs, seivices, meetings, etc. be included with the lst quarter t�bill to be mailed out June 30, 2023. SUGGESTED MOTION: To approve the attached insert regarding ways for residents and interested persons to obtain access to Town information to be included as a tax bill insert with the lst quarter tax bill to be mailed out on June 30, 2023. Move to approve the consent. FOLLOW UP: Director of Communications DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �'abx��u(V Ilnuu;�°nr �.;��v�,u l�fi�;nei;r � vi � � a' �, � v � �n �j 0 � 4J O 'a °� � w O � C cn � � f+ � � � � -L �, � y � Q � � a� �• � � +, �X vf � O � � L avo J > � � � � � � O � O � QJ � � � O bA � o � � � _ � � a � � O � �/ •O —> — � O � ~ � � > � ` � ~ 0 � rn � ^ � � � � l0 � � t � � � � ,_ � �' �' _ � O � � o � . cB a� � � O �/I � X v f� O N L +, ^' � � � � J O c� V/ � J � � � O `� � �' .X +� � J � � � � � � � � � � �- � L � � � o � � <� •� � U U Q� J � — � _ � � � � t ^ � � � � � ` L � � �--� � 0� •� � � � � �, O U �� --' C� � � � � � � � � � � � � � � � � � � s � � � ' � 0 : 0 � N � � � � ° � Q � .� Z �`� � o � � -�� _ .� _� � � � J -ti � � O � � � � Q� � � Z � � � _ � � � � -. � � o � � � � �� W � � �� c� � � AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Lexington Lions Club Request - 67th Annual Fourth of July Carnival ITEM PRESENTER: NUMBER: Select Board Chair C.2 SUMMARY: Category:Decision-Making The Lexington Lions Club requests permission to hold the 67th Annual Fourth of July Carnival at Hastings Park starting with setup on Monday, June 26, 2023, Carnival on Friday, June 30, 2023 through Tuesday, July 4, 2023, and concluding with teardown and clean-up on Wednesday, July 5, 2023 (to be completed by 2:OOpm). In conjunction with the attached letter of request for Select Board approvals, the Special Event Peimit application was filed with the Town Manager's Office via ViewPoint Cloud on Apri124, 2023 for this event to be held at Hasting Park(Fire, Police, Building, DPW and Health are i�rcluded in the Special Event Permit review and are working with applicant for any additional permits/inspections required of their respeetive areas). • Request that liglits be allowed to be used if necessary until 11:30pm on Tuesday, June 27, 2023 - Thursday, June 29, 2023 during setup and until 11:30pm after the daily closing of the Carnival Friday, June 30, 2023 - Tuesday, July 4, 2023 to allow carnival guests an opportunity to lea�e the area safely. . Request permission to ha�e a fireworks display on Sunday, July 2, 2023 at approximately 9:30pm(date subject to change based on availability Note: Fiesta Shows will separately be submitting a License for Public Entertainment on Sunday application to be taken up by the Select Board at a subsequent meeting. SUGGESTED MOTION: To approve the request of the Lexington Lions Club to hold the 67th Annual Fourth of July Carnival from Friday, June 30, 2023 to Tuesday, Ju1y 4, 2023 with the times as requested in the Lions Club letter dated April 24, 2023. To approve the request of the Lexington Lions Club to use lighting as necessary until 11:30pm from Tuesday, June 27, 2023 through Tuesday, July 4, 2023. To approve a fireworks display on Sunday, July 2, 2023, at approximately 9:30pm, subject to approval of the fireworks vendor,Atlas PyroVision Productions, Inc. and necessary safety precautions required by the Fire Department. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �..iar��w�:(u�dT 4��ivaaad�..n:tta�rc4,cg�z�sd IE:�xa,Vc��r C��aatic°nu,:r1 � , �; �� THE LIONS CLUB OF LEXINGTON, INC. � �. ,� P.O. Box 71, Lexington, Massachusetts, 02420 ��°��°�� '�Birthplace of American Liberty" � www,/exington/ions org Apri124, 2023 Town of Lexington Board of Selectmen 1625 Massachusetts Ave Lexington, MA 02420 Dear Select Board Members; Lexington Lions Club respectfully requests your support and approval for the Lexington Lions Club to sponsor its 67th Annual Fourth of July Carnival in 2023 with Fiesta Shows of Seabrook,NH. We request the use of Hastings Park on the following dates and other locations as noted: Proposed Schedule of Events: • Monday, June 26 o Anival to staging starting at 6:OOPM (No Setup) • Tuesday, June 27 o Continued arrival to staging area(both housing and non-housing unit vehicles) parking lot near high school field house starting at 7:OOAM o Setup starting at 7:OOAM moving onto field • Wednesday, June 28 & Thursday, June 29 o Setup and Preluninary Inspections • Friday, June 30 o Setup and Final Inspections o Per•kins/Cotting Students 3:00 PM to S:00 PM o Carnival- 6:OOPM to ll:00PM • Saturday, July 1 o Carnival - 1:00 PM to 11:00 PM • Sunday, July 2 o Carnival- 1:00 PM to 11:00 PM o Fir�eworks-9:30 PM to 10:00 PM**Tentative Date** • Monday, July 3 o Carnival- 1:OOPM to 11:OOPM • Tuesday, July 4 o Fr•ee Olde Fashioned Youth Games - 10:00 AM—Noon (Baseball Field) o Carnival- 1:OOPM to 6:OOPM o Tear pown until 11:30PM • Wednesday, July 5 o Fina1 Tear pown and clean-up completed by 2:OOPM A Special Event Permit application was filed with the Town Manager's Office via View Point Cloud on Apri124, 2023 in conjunction with this request. Planning Meetings - The support and cooperation of the Town of Lexington has always been a key factor in our success. The Lexington Lions Club and Fiesta Shows will hold a formal event planning meeting with all the relevant Town Departments. Subsequent meetings will be held with key Departments as the event approaches to coordinate final logistics. Lighting—Fiesta Shows will be providing all lighting sources. We are requesting that lights be allowed to be used if necessary, until 11:30PM on Tuesday, June 27`n Wednesday, June 28th and Thursday, June 29tnth during setup and until 11:30PM after the daily closing of the Carnival June 30-July 4 to allow carnival guests an opportunity to leave the area safely. Fireworks - The Lexington Lions Club requests permission to have a fireworks display on Sunday, July 2, 2023 at approximating 9:30 PM subject to approval of the fireworks vendor, Atlas PyroVision Productions, Inc. and safety precautions by the Fire Department. (Note: this date is subject to change based on availability). Living Quarters and On-Site Supervisor- The Fiesta Shows employees will occupy living quarters (i.e., trailers) located near the Lexington High School Field House in cooperation with the Department of Public Facilities. They will act in accordance with the conditions set forth in prior years including Fiesta Shows identifying (by name and cell phone number) an on-site supervisor who will be the primary contact person for the Lexington Police Department on any matters regarding carnival staff. This supervisor will be on-site and available between the hours of midnight and 8:00 a.m. There will be no living quarters at Hastings Parlc. Police Details and Alcohol Consumption—The Lexington Lions Club wi11 arrange and pay for Lexington Police Department security details consistent with the hours required each night the carnival in past years. Fiesta Shows agrees that there will be no consumption of alcoholic beverages on public property. Break Bottle Game—There will not be a break bottle game at Hastings Park. Backflow Preventer— The Lexington Lions Club will be responsible for making a $1,000 deposit for a backflow preventer valve from the Department of Public Works. Post-Carnival Meetings— The Lexington Lions Club wi11 plan to hold a post-carnival meeting with the DPW on Wednesday, July Sth at Hastings Park to review the conditions of the grass at Hastings Park. Lions and Fiesta shows will be responsible for any and all repairs to the grass. Another debriefing meeting will be held within 2 months after the Carnival including all appropriate Town Departments to review the carnival layout, and any concerns that may have come up during the carnival. Sincerely, �� Janet Peny, President, Lexington Lions Club Original Letter to Select Board; E-rnail CC to: James Malloy, Town Manager Kelly Axtell, Deputy Town Manager Michael McLean, Police Department Derek Sencabaugh, Fire Department Joanne Belanger, Public Health Department David Pinsonneault, Department of Public Works Chris Filadoro, Department of Public Works Shawn Newell, Department of Public Facilities Laurie Lucibello, Departinent of Public Facilities Melissa Battite, Director of Recreation and Community Programs Jim Kelly, Building Commissioner E.J. Dean, Fiesta Shows Colby Crogan, Lexington Lions Club Bill Carlson, Lexington Lions Club John Lucente, Lexington Lions Club Alan Wrigley, Lexington Lions Club Doug Lucente, Lexington Lions Club AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Dissolve Select Board Committees ITEM PRESENTER: NUMBER: Select Board Chair C.3 SUMMARY: Category:Decision-Making Affordable Housing Trust Study Committee: The Select Board is being asked to approve the dissolution of the Affordable Housing Trust Study Committee. The task of the Committee was to bring a proposal to the Select Board and Town Meeting to adopt a Municipal Affordable Housing Trust. The Committee's final report was released on October 27, 2022 to Town Meeting. At the November l, 2022 Special Town Meeting 2022-3,Article 12: Creation of Housing Trust passed and was later approved by the Commonwealth of Massachusetts Attorney General on February 17, 2023. The Le�ngton Affordable Housing Trust has since been established with the appointments of the Board of Trustees. All materials related to the worlc of the Committee have been provided to the Town Clerlc's Office to be archived. Sqecial Permit Residential Develo�ment (SPRD) Zoning Bvlaw Amendment Ad Hoc Committee: The Select Board is being asked to approve the dissolution of the Special Permit Residential Development (SPRD) Zoning Bylaw AmendmentAd Hoc Committee. Per the charge, the Committee would gather and provide stakeholder input, housing data and draft a Statement of Values, so that consultants, under direction of the Committee, Elected Boards, and staff, could develop a draft zoning bylaw amendment and warrant article to either revise or replace Section 135-6.9 of the Zoning Bylaw, Special P ermit Residential Development, to provide for the creation of more affordable and diverse residential dwelling units. Members of the Committee presented the 2023 Annual Town Meeting Warrant Article 33:Amend Zoning Bylaw - Special Permit Residential Development to the Select Board at a joint meeting in February 2023. At the 2023 Annual Town Meeting on Apri110, 2023, the article passed and was adopted by Town Meeting. All materials related to the work of the Committee have been provided to the Town Clerk's Office to be archived. SUGGESTED MOTION: To dissolve the Affordable Housing Trust Study Committee. To dissolve the Special Permit Residential Development(SPRD) Zoning Bylaw Amendment Ad Hoc C omrnittee. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Town Manager Committee Reappointments ITEM PRESENTER: NUMBER: Select Board Chair C.4 SUMMARY: Category:Decision-Making Rea�ointments• Council on Aging • The Select Board is being asked to approve the Town Manager's reappointment of Julie Barker to the Council on Aging for a term that is set to e�ire on May 31, 2026. State Conflict of Interest Law Online Training is up-to-date. • The Select Board is being asked to approve the Town Manager's reappoint�nent of Ellen Nadine Cameron to the Council on Aging for a term that is set to expire on May 31, 2026. State Conflict of Interest Law Online Training is up-to-date. RecNeation Committee . The Select Board is being asked to approve the Town Manager's reappointment of Christian Boutwell to the Recreation Committee for a term that is set to expire on May 31, 2026. State Conflict of Interest Law Online Training is up-to-date. • The Select Board is being asked to approve the Town Manager's reappointment of Weiwei Li to the Recreation Committee for a term that is set to e�pire on May 31, 2026. State Conflict of Interest Law Online Training is up-to-date. SUGGESTED MOTION: To reappoint Julie Barker and Ellen Nadine Cameron to the Council on Aging both for a term set to expire on May 31, 2026. To reappoint Christian Boutwell and Weiwei Li to the Recreation Committee both for a term set to expire on May 31, 2026. Move to approve the consent. FOLLOW UP: Town Manager's Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �.P�juCk�n ��7c;lkupa CV�m�u�,uu,:q1 ❑ IF Tr1.6"aiarc��rcrrr. �:�aia�Ik�qFT CF�(r.adG;uus:�1 ❑ �'.P�aA�Ga��,1ll IE.:�c�,�c�i�m @�auti4°�uar1 ❑ �^a�.�..� If.3��c,�c��pa C1i�mbuc;uu,:�1 TOWN OF L�EXINGTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee Council on Aging of Interest: Fu1lName: JU�Ie gc'�r�Cer Preferred Title (please circle):Mr./Ms./Mrs./Other M ra�' Hame Address: Length of Residence�1 yea rs in Lexingtan: Current Occupation: N u rse work Aaa�ess: self employed Phone Number(s): Home: Work: Fax Number(s): Email Address: 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 �vill be provided additional information by the Town Clerk pertaining to this law and recently enacted education and training requirements. Julie Barker April 24th 2023 Signature: Date: TOWN OF L�XINGTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: Council on Aging Full Name: Ellen Nadine Cameron Preferred Title Mrs. (please circle):Mr./Ms./Mrs./Other Home Address: Length of Residence27+ years ( was raised here since 1972) in Lexingtan: Current Occupation: Homemaker/ Registered Nurse Work Address: NA Phone Number(s): Home: Work: Fax Number(s): Email Address: Comments: Would enjoy to continue to serve on the COA Ethics Training Completed (if applicable): ■ yes ❑ no Date Completed: Renewel due in June (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. Ellen N. Cameron 4/3/2023 S ignature: Date: TOWN O�" �.EXI�GTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee Recreation Committee of Interest: Full Name: Christian Boutwell Preferred Title (please circle):Mr./Ms./Mrs./OtherMr. Home Address: Length of Residence 15 years (2008) in Lexington: Current Occupation: molecular biologist Work Address: Phone Number(s): Home. Work: same Fax Number(s): none Email Address: I've enjoyed my time on the Rec Committee to date. I believe we've taken COmments: imoortant steos toward improving our communication with other Boards and Committees,Town Meeting,and residents of Town. If reappointed, I would look forvvard to helping the Committee continue that work. Ethics Training Completed (if applicable): ■ yes ❑ no Date Completed: Jan 2023 (or Feb?) (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 reyuired 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 reyuirements. Signature: '�E��'.i.✓,a. Date:April 6, 2023 TOW� O�` LEXINGTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee Recreation Committee of Interest: Full Name: We�WE'I LI Preferred Title (please circle):Mr./Ms./Mrs./C)ther M r. Home Address: Length of Residence� in Lexingtan: Current Occupation; Engineer Work Address: Phone Number(s): Home: Work: Fax Number(s): Email Address: Comments: Ethics Training Completed (if applicable): p 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 pertaining to this law and recently enacted education and training requirements. Signature: WeIW@I LI Date: 03APR23 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes ITEM PRESENTER: NUMBER: Select Board Chair C.5 SUMMARY: Category:Decision-Making The Select Board is being asked to approve and release the following sets ofineeting minutes: . March 27, 2023 Select Board • March 29, 2023 Select Board • Apri13, 2023 Select Board • Apri110, 2023 S elect Board • April 12, 2023 Select Board SUGGESTED MOTION: To approve and release the following meeting minutes: • March 27, 2023 Select Board • March 29, 2023 Select Board • Apri13, 2023 Select Board • Apri110, 2023 S elect Board . April 12, 2023 S elect Board Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ ➢D�tC��"V"CI!�,7,7��DJ',�i�ia�,l�cuo-3cr.aua:U ��t�;V:�tprCvnoad�;�ua�9 � 1C��,hQ�I'�D��Jmdirm3`i��t€,s:a�'�sraaa� I��;r.adup�1"��6s,u�n�it ❑ llD�t/'�Q"V"�1�1�D3J8DJ.:i�ia�lc��lla�4Faauu� �3r�c;➢cup7�ftNaua��uar.Y C� 1L�lI�F'��'lf'�QO��I�J:S,°,��iu�°b�'�r�fln"�➢. 1L�;.iu�it�R�lf�.duttu�.9 L� ➢��CeQ Y'Ql��I�IlJJ6V1.`3`i�;1�;�b a�+,�u�'� I�c�cVct��`n 1lNa��euuszY SELECT BOARD MEETING March 27,2023 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Monday, March 27, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente, Vice Chair; Mr.Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. CONSENT AGENDA 1. Approve Select Board Meeting Minutes • February 6, 2023 Select Board • February 13, 2023 Select Board • February 27, 2023 Select Board • March 2, 2023 Select Board • March 8, 2023 Select Board To approve and release the following ineeting minutes: February 6, 2023 Select Board; February 13, 2023 Select Board; February 27, 2023 Select Board; March 2, 2023 Select Board; March 8, 2023 Select Board DOCUMENTS: DRAFT 02132023 Select Board min,DRAFT 02272023 Select Board min, DRAFT 03022023 Select Board min, DRAFT 03082023 Select Board min, DRAFT 02062023 Select Board min VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the Consent Agenda. 1TEMS FOR INDIVIDUAL CONSIDERATION 1. Discovery Day Street Fair 2023 Request—Le�ngton Retailers Association • Road Closures: o Massachusetts Avenue o Muzzey Street � Temporary Sign on Minuteman Commuter Bikeway, 1775 Massachusetts Avenue • Free Parking at Central Business District Parking Meters and Depot Lot Ms. Hai noted that the Lexington Retailers Association(LRA)has requested permission from the Select Board for a Discovery Day Street Fair to be held on Saturday, May 27, 2023 from 10:00am to 3:OOpm, with street closures and detours running from 6:OOam to S:OOpm. Eric Michelson,President of Lexington Retailers Association, stated that the proposal includes changing the location of the Beer Garden to a more centralized location. The One-Day Liquor License for the requested Beer Garden will be applied for at a future date. Mr. Lucente asked if the Lexpress bus runs during this time. Mr. Michelson stated, in recent years,the Le�press bus has not been run on the Saturday of Discovery Day. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve restricting vehicular access in the following areas for the 2023 Discovery Day Street Fair to be held on Saturday, May 27, 2023 from 6:OOam to S:OOpm: Massachusetts Avenue,from Waltham Street to Meriam Street (both sides); and Muzzey Street,from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue,north-side sidewalk, fiom Edison Way to Waltham Street. Further,to approve pernlission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. Further,to approve free parking at the Central Business District parking meters, and not charge for parlcing in the Depot Lot on Discovery Day. *and all approvals and locations are subject to modifications as may be requiNed by Department of Public Works, Public Safety, Public Health, Engineering and/or Town Manage�up to the time of the event. DOCUMENTS: 2023 Discovery Day Request 2. 2023 Annual Town Meeting • Discuss 2023 ATM Article 16: Appropriate for Public Facilities Capital Projects o h.) 173 Bedford Street Renovation-Design Select Board Article Discussion and Positions Mike Cronin explained that,without clear tenants yet identified,basic renovations are being done to the building to help a generic tenant move in eventually. Currently,the building does not have a sprinkler system,it does not have fue protection, and it does not have an elevatar. Ms. Hai noted these modifications would need to be completed regardless of the end tenant. Mr. Pato stated that his concern is the long-term plan for this site. He is concerned with the reallocation of space on the site. Mr. Cronin explained tha.t this $100,000 for the design, to be able to get the building ready to bid out for construction. This figure would include cost estimates for the future. Mr. Lucente expressed concern over the overall cost of this project. Ms. Hai noted that there is a work session scheduled in early May to discuss the future of this building. Mr. Sandeen asked what will be presented to the School Committee. Mr. Cronin stated that options for the central office and a recommendation from the planning group will be presented. He believes option#4 is the current recommendation,which includes abandoning the current central office, and using a building similar to 173 Bedford Street in the interim while creating a new building. Ms. Barry noted that the Select Board has not yet had an in-depth discussion regarding this building. She echoed the concerns voiced by her colleagues. She would like to wait and hear additional information on this item. She asked when it will be lrnown if the central offices are going to be incorporated into the new high school. Mr. Cronin stated that the feasibility study is currently ongoing for the building. By October 2024,there should be mare information on this. Ms. Barry suggested a timeline or flow chart for Town Meeting and those who may want to see this information visually. Mr. Malloy asked if the Board would like to IP this item for this Town Meeting. Mr. Pato stated that he would like to move this forward for this Town Meeting for design work,while also understanding that a larger conversation regarding this building needs to occur. Mr. Lucente agreed. ln response to a question from Mr. Sandeen, Mr. Malloy stated that he would proceed with this but not sign any contracts until after the design comes back to the Board for review and approval. Mr. Sandeen agreed with moving forward in this way. Ms. Hai stated that,to Ue able to execute on any project in a timely manner, this appropriation needs to be in existence. lf the Town ends up going a different route,the appropriation will simply not be expended. The Board took positions of four in favor, and one still a wait on this Article. • Amendment-2023 ATM Article 10: Appropriate for the FY2024 Community Preservation Committee Operating Budget and CPA Projects o b.)Munroe Center for the Arts- $6,635,191 The Board discussed Article 10a,the Stone Building. Mr. Sandeen stated that based on the Capital Expenditures Committee and Appropriation Committee concerns and recommendation for this item,he has changed his position to a no. Mr. Cronin explained that this funding is for design of the building. This will allow for an architect who specializes in restoration to come in to aid in the design. Ms. Barry stated that she remains a wait on this item. Mr. Lucente,Ms. Hai, and Mr.Pato stated that they remain yeses on this item. The Board discussed Article l Ob,Munroe Center for the Arts. Mr. Sandeen noted that an amendment has been proposed that the Monroe Center for the Arts design will be done under the Integrated Building Design and Construction policy. He asked if there is a need for this amendment. Mr. Malloy sta.ted that he believes this amendment is unnecessary. Regarding the Lincoln Park fields improvements Article 10i., Ms. Hai noted that there are two different amendments proposed at this time. These will be addressed by the Board on Wednesday. Dr. Heiger-Bernays noted that the Board of Health voted on item 10i. The Board of Health recommends a decrease in toxic substances across Town, including examining the impact of the synthetic turf with respect to this objective. This statement was approved unanimously by the Board of Health. Melissa Battite stated that the working group is committed to collaborative work on this item. Ms. Barry noted that she is opposed to the natural grass amendment due to playability and accessibility. She is in favor of the other amendment. Ms. Hai agreed with these positions. She noted that she believes there was an issue regarding placing natural grass over the capped landfill. Mr.Pato and Mr. Sandeen stated that they are in favor of both amendments. Mr. Lucente stated that he is remaining a wait on both amendments. The Board discussed the proposed amendment to the Munroe Center of the Arts and stated that they were unanimously in support. DOCUMENTS: Art lOb amendinent Lamb or CEC 323, Select Board Working Document-Positions 2023ATM, mModerator's Proposed ATM Schedule(as of March 25, 2023) 3. Liquor License—Change of Manager-Bertucci's Restaurants, LLC d/b/a Bertucci's, 1777 Massachusetts Avenue Ms. Hai explained that Bertucci's Restaurants, LLC d/b/a Bertucci's has submitted all the necessary paperwork requesting approval for a Change of Manager on their All-Alcohol Common Victualler Liquor License. The proposed manager, William Wells, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been coinpleted. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve Bertucci's Restaurants,LLC d/b/a Bertucci's application for a Change of Manager naming William Wells as Manager and upon ABCC approval, issue an updated Liquor License to Bertucci's Restaurants, LLC d/b/a Bertucci's, located at 1777 Massachusetts Avenue reflecting the change of manager. DOCUMENTS: Bertucci's Change of Manager LLAinendment Application ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjoui�the meeting at 7:15pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING March 29,2023 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Wednesday,March 29, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente,Vice Chair,Mr. Pato,Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms.Katzenback, Executive Clerk. PUBLIC COMMENTS Jamie Frankel,29 Mason Street, expressed concern regarding the construction occurring at 69 Pleasant Street. He discussed items such as the noise decibel level,the historic house on the property, and that the const�-uction has changed the topography of the site. Ivka Kalus, 55 Pleasant Street, stated that the 69 Pleasant Street project is destructive and distressing to many in the area. She stated that, for the past three months,residents have experienced 1-3 blasts per day, and incessant jackhammering and rock brealcing noise for then hours per day that regularly exceeds 85 decibels. This is leading to physical and mental health problems. She stated she feels this is being made worse by the apparent lack by any Town body to mitigate some of the most egregious effects of this development and improve the situation for the hundreds of Lexington residents that are being harmed. Paul Bowie, 6 Ross Road, spoke about the teacher's contract. He stated that teachers should be paid a salary commensurate with their responsibilities and the commitment they've made to families. SELECT BOARD 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 Ms. Hai encouraged the Board to consider writing letters to ask the State House delegations to support several bills including, one establishing a new Municipal and Principal Public Safety Building Authority; one allowing a permanent option for remote and hybrid public meetings, including a mechanism to allow municipalities to call for remote or hybrid representative Town Meetings; one allowing for publication of legal advertisements in online-only newspapers and other media; and allowing for fines and proactive removal by municipalities for items such as double poles and other infractions by utilities. Ms. Barry asked for two items to be placed on a future agenda, including funding for the 250tn anniversary of the Battle of Lexington and Concord, and a report regarding a recent meeting about the Minuteman High School. DOCUMENTS: Mass. MunicipalAssociation 2023-2024 Legislative Package TOWN MANAGER REPORT 1. Town Manager Weekly Update Nlr. Malloy explained that he attended the Mass Recreation Park Association's annual awards banquet. He congratulated Kate DeAngelis,who was awarded Physical Therapist of the Year;the Public Works Department,which received an award for the Community Project of the Year for the Center streetscape; and the Michelle Ciccolo,who was awarded Public Official of the Year. Mr. Malloy noted that the Munroe Center for the Arts Project is currently estimated at$6.6M. However, an updated estimate of$82M was recently received. Mike Cronin,Director of Public Facilities, will work with the architect to reduce this project back to the original $6.6M estimate. DOCUMENTS: Weel�ly Update 3-24-23 CONSENT AGENDA 1. Town Manager Committee Appointments • Historical Commission: o David Kelland-Alternate Member o Robert Rotberg-Full Member 2. Town Manager Committee Reappointments • Board of Assessors: o Cas Groblewski o Greg Johnson • Board of Health: o Wendy Heiger-Beinays o Susan Wolf-Fordham • Conservation Commission-Kevin Beuttell • Historical Commission: o Susan Bennett-Full Member o Dianne Pursley-Full Member • Youth Commission- Shannon DeGuglielmo To reappoint Casimir Groblewski and Gregory Johnson to the Board of Assessors 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 term set to expire March 31, 2026; Susan Bennett and Diane Pursley to the Historical Commission for a term set to expire March 31, 2026 and Shannon DeGuglielmo to the Youth Commission for a term set to expire Apri130, 2026. DOCUMENTS: C.Groblewski, G.Johnson, W.Heiger-Bernays, S.Wolf-Fordham,K.Beuttell, S. Bennett, D.Pursley, S. DeGuglielmo 3. Select Board Committee Reappointment • Registrars of Voters- Gordon Jones III To reappoint Gordon Jones III to the Registrar of Voters for a term to expire on March 31, 2026. DOCUMENTS: Board of Registrars Nomination- Gordon Jones VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2023 Annual Town Meeting—Select Board Article Discussion and Positions Regarding Article 10i, the Krieger proposed ainendment, Ms. Hai, Ms. Barry, and Mr. Lucente were nos. Mr. Pato and Mr. Sandeen were yeses. It was noted that the Recreation Committee voted unanimously to oppose this ainendment. Regarding Article 10i, the Kern proposed amendment, Ms. Hai, Ms. Barry, and Mr. Lucente were nos. Mr. Pato and Mr. Sandeen were yeses.It was noted that the Recreation Committee voted to accept the amendment with a non-binding resolution. Regarding the natural grass amendment, Ms. Battite explained the cap to the landfill would need to be pierced, or a large amount of topsoil would need to be built up on top of the fields at the same time. David Pinsonneault,Public Works Director, explained that natural grass would add a cost to construction. From a maintenance standpoint,he stated that he would anticipate this adding approximately$60,000 per field into the operating budget each year. DOCUMENTS: Art l0i Krieger amendment,Art l0i Kern Amendment,Article l0i Kern revised amendment,Art lOb HimmelAmendment, Moderators Proposed 2023ATM schedule(as of 3-28-23), Select Board Working Document-Positions 2023ATM 2. Approve Open Space and Recreation Plan VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the 2023 Updated to the Open Space and Recreation Plan as presented. DOCUMENTS: Memo from Recreation,Activitas Letter—Update, 2-27-23 Presentation 3. Review and Approve 2022 Town Manager Performance Evaluation Ms. Hai noted that the final Performance Evaluation for the Town Manager for the period April-October 2022 is attached and has been reviewed with him. The Select Board is being asked to review and vote the annual Town Manager Performance Evaluation,to be placed in his personnel file. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to accept the Town Manager Performance Evaluation and to place it in Mr. Malloy's personnel file. DOCUMENTS: J. Malloy TM Review Period April 1 2022 through September 30 2022 (20230315) 4. Discuss Noise Complaints at 69 Pleasant Street As the Board needed to adjourn its meeting to attend the Annual Town Meeting session,this item was not taken up and will be scheduled on a future agenda. DOCUMENTS: Noise Bylaw,Ai-ticle 27 of 2020-Noise Bylaw ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 7:21pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Apri14,2023 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Monday,Apri13, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente, Vice Chair; Mr.Pato; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager;Ms. Axtell, Deputy Town Manager; and Ms. Katzenback,Executive Clerk. CONSENT AGENDA 1. Town Manager Committee Reappointment • Conservation Commission-Jason Hnatko To reappoint Jason Hnatko to the Conservation Coinmission for a terin set to expire on March 31, 2026. DOCUMENTS: J.Hnatko application VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Preliminary Request for Reenactment of 200th Anniversary of Lafayette's Visit to Lexington Marsha Baker, Lexington Historical Society Lexington Historical Society explained that the Society's proposal to have a Reenactment of 200th Anniversary of Lafayette's Visit to Lexington in 2024. The proposed location is the Lexington Battle Green, likely in the early afternoon. The event will likely run from 30 minutes— 1 hour. There will be multiple opportunities for other Lexington organizations to partner on this event. This is being planned for September 2"d. The group will formally submit a Battle Green Use request for Select Board approval once they have compiled all the event details. The Board expressed interest in supporting this event as it moves forward. DOCUMENTS: Presentation-Proposal for Reenactment of 200th Anniversaiy of Lafayette's Visit to Lexington 2. Update on Select Board Committee Recruitment for May 2023 & Current Status of Committee Database Ms. Hai noted that the Board usually moves through three general recruitment cycles each year. Ms. Katzenback explained that the Select Board Office is gearing up for the next board/committee recruitment to fill the current vacancies listed on the Town website. The Office will be following the same procedures for recruitment and appointments as done in the past year. Staff is working with the Director of Communications/Special Projects to alert the community of the recruitment through Town News & Alerts,Link to Lexington,the TMMA list and social media channels. The Chief Equity Officer has also been included to reach various cultural groups. Applications will be sent to the Board for review with a target date of May 22, 2023 for any appointinents. Ms. Katzenback explained that the IT Project Manager,the Town Clerk's Office, and the Select Board Office have been worlcing on a project to migrate to a new tool for the management of board and committee memberships: Granicus Boards and Commissions Management product. She reviewed product highlights. The current serving committee data detail was imported into Granicus this past week and is now going through the validation process.There will be a live product training session,via Zoom, targeted to be scheduled in ApriUMay to train database administrators. Ultimately, the target is for this new system to be up and running by the end of this summer. The Board thanked all involved with this process. DOCUMENTS: Product Brochure-Granicus Boards&Commission Management 3. 2023 Annual Town Meeting- Select Board Article Discussion and Positions The Board discussed Articles 33 and 34. The Board agreed to take positions on these Articles at its April 10, 2023 meeting. DOCUMENTS: Select Board Working Document-Positions 2023ATM,Moderator's Proposed ATM schedule as of March 30, 2023,Art 33 revised motion 43, Art 33 Proposed Amendment Arens,Art 33 Proposed Amendment Jensen/McBride,Art 33 Proposed Amendment Jensen/McBride redlined, Art 34 Proposed ainendment Zabin,Art 34 Proposed amendment Burger 4. Appoint the Permanent Building Committee and Sustainable Lexington Committee to an Ad Hoc Committee to Review and Update the Integrated Design and Construction Policy&Consider Amending the Policy Ms. Hai stated that the Select Board and School Committee need to jointly appoint a Committee to update the Integrated Building Design and Constiuction Policy. The Permanent Building Cominittee and Sustainable Lexington have been working cooperatively on this update and Mike Cronin and Maggie Peard have indicated they are making great progress. Julie Hackett has been asked 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. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to designate the Permanent Building Committee, Sustainable Lexington, Director of Public Facilities and the Sustainability and Resilience Officer as the Committee to review and make recommendations on updates to the lntegrated Building Design and Construction Policy. DOCUMENTS: Policy 5. Discuss Noise Complaints at 69 Pleasant Street Ms. Hai explained that the Select Board and Town Manager have received noise complaints regarding the 69 Pleasant Street project related to blasting,pneumatic hainmering, and rock crushing/processing operations. The Fire Department and State Fire Marshall's Office have indicated all blasting work has been within the Town's Bylaws and State Regulations. The abutters have also raised concern a.bout the time of rock crushing/processing operations. The bylaw has two different start times for different operations, at either 7 AM or 9AM. Jim I�elly, Building Commissioner has determined the rock crushing operations are within the provisions of the bylaw and has pointed out the difference between breaking rock using a Pneumatic Hammer and Rock Crushing Machine. Jim Kelly explained that the Fire Chief and Assistant Fire Chief have been visiting nearby residents to help them understand the blasting process. The State Fire Marshal's Office has been invited to the site to make suse that the blasting is compliant, safe, and not harmful. Another issue has been rock breaking, crushing, hammering, and drilling. Rock harrunering is a process that is limited to between 9am-Spm, instead of 7am-Spm, as for rock crushing. The bylaw that spealcs of hammering is speal�ing of pounding and breaking of a rock or ledge. Ms. Hai stated that she believes some of the residents' concerns are coming from the language in Section 80-4.A.III of the bylaw which states that, `in addition to the above restrictions, blasting and the use of powered equipment used in the breaking of rock and pavement, including but not limited to, hydraulic or pneumatic hammers...will also be limited weekdays between 9AM-SPM.' Mina Makarious,Town Counsel, explained that the language `including but not limited to,' is just an example and could include broader items. The language `breaking rock and pavement' has an understood usage in in the construction industry, and the word `crushing' exists elsewhere in the bylaw. There is an ambiguity in this bylaw,but courts would lilcely look to definitions in the industry to malce a determination. Ms. Hai asked about the potential for refining this bylaw and, in the meantime,what the path is for concerns and complaints by residents. Mr. Malloy explained that enfarcement is either through Mr. Kelly, or the Health Director. The Health Director has authority under State law to enforce State noise laws. Ms. Hai suggested an enforcement flow chart to be placed on the Town webpage in order to help residents know where best to direct certain concerns or complaints. Mr. Pato stated that he believes the bylaw needs clarification. The development in question is a larger development on ledge that effectively appears to neighbors as a rocic quarry, due to the amount of work that needs to occur. While clarification would help,it may not address the concerns in this case. Mr. Makarious stated that he believes the noise bylaw would benefit from a more comprehensive review. Mr. Sandeen noted that the current noise bylaw prohibits noise lOdBA over ambient. This requires the Police Department to measure noise levels ahead of time and afterward, leaving the bylaw essentially unenforceable. He would like to find another test that is enforceable. Ms. Hai stated that the Board collectively would like a legal overhaul or a legal forensic review of the bylaw,with a potential comparative to other communities. Also, a clarified process drafted for residents to understand the level far potential enforcement and relie£ Mr. Malloy stated that staff will work on this item,with hopes to have it prepared before fall Town Meeting. DOCUMENTS: Noise Bylaw,Article 27 of 2020 Presentation ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to adjourn the meeting at 7:07pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING April 10, 2023 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Monday,April 10, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente, Vice Chair; Mr.Pato; Ms. Barry and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. CONSENT AGENDA The Board voted on the two consent agenda items separately. 1. Approve and Sign Proclamations • National Library Week • Arbor Day • National Gun Violence Awareness Day To approve and sign proclamations recognizing National Library Week from Apri123,2023 to Apri129, 2023; Arbor Day on Friday,Apri128, 2023 and National Gun Violence Awareness Day on Friday, June 2, 2023,the first Friday in June. DOCUMENTS: 2023 National Library Week Proclamation, 2023 Arbor Day Proclamation,2023 National Gun Violence Awareness Day Proclamation VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve Consent Agenda item#1. 2. Approve and Sign Water and Sewer Adjustments Ms. Barry�ecused herself f�om this item. To approve and sign the attached Water& Sewer Adjustments as recommended by WSAB on February 23, 2023. DOCUMENTS: WSABAdjSB4-10-23 VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 to approve Consent Agenda item#2. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss and Approve American Rescue Plan Act(ARPA)Requests Mr. Malloy explained that the current requests include upgrades to the Community Center audio/visual equipment, $300,000; an lnternal Equity Audit, $50,000 to match a grant; lead/copper service line engineering, $329,580; and a sign bylaw update, $75,000. Ms. Hai stated that she fu11y supports the internal equity audit request. She has a concern with the lead/copper line engineering, as this was originally proposed to be funded by a zero-interest loan through the MWRA. Dave Pinsonneault stated that the aero-interest loan will still be applied for.There is no ongoing cost once these services are completed. This is an acceptable use under ARPA guidelines. The Town needs to fund the fu11 project in order to apply for the zero-interest loan. Ms. Hai asked if the sign bylaw update should be part of regular staff/cominittee work. Mr. Pato stated that he is comfortable with all of the requests except far the sign bylaw, and he would like to consider if there are other items that could use this funding instead. Mr. Lucente stated that he believes there could be a nexus for the sign bylaw update regarding economic revitalization. Mr. Malloy agreed that small businesses have continued to bring up sign bylaw issues. Some businesses have struggled for 4-6 months to obtain sign permits. This funding would propose recommendations for the sign bylaw that would then need to go through the zoning update process. Ms. Barry stated that she sylnpathizes with the businesses struggling with the sign bylaw,but she struggles with using ARPA funding for this item. There are other sections of the bylaw that also need updating, and she would like to look at all of these in a holistic matter, or through the proper funding path. Regarding the equity audit, she asked how the match will be funded,if not via ARPA funding. Mr. Malloy stated that a Town Meeting appropriation would be needed if this cannot be funded via ARPA. Mr. Sandeen supported the energy audit and believes there is a nexus for it. He expressed concern regarding the funding request for the lead/copper engineering. He believes this project would have been completed with or without the pandemic and that the ARPA funds should be utilized for businesses. Mr. Pato asked if the Design Advisory Committee has been asked to work on the sign bylaw. Ms. Iyer stated that she has been before the Economic Development Advisory Committee,the Tourism Committee, and the Center Committee regarding this item, along with several businesses in Town. The nexus for this item is to follow along with the Design Advisory Committee and Zoning Board in a streamlined process. Some businesses are struggling to get their sign permits in Town. Mr. Pato suggested that residents could suggest bylaw changes that could then be properly formalized. Ms. Hai stated that there does not seem to be consensus on the sign bylaw update request. There seems to be support for changes to the sign bylaw,but there are also other bylaws which need updating. She would like the Board to discuss these items holistically. Mr. Malloy explained that,regarding participatory budgeting, staff is recommending that the Board approve the top four projects in the weighted voting categoiy,which includes those projects that received the most votes and are weighted based on highest priority of the voters. The total cost of these projects is $505,000. The recoirnnendation includes a request to the Select Board to increase the ARPA appropriation for this request by$5,000 to cover the overage. Those projects being recommended are: flashing lights at crosswalks and the bike path, $250,000; improvements to conservation land, $100,000; benches and picnic tables at open spaces, $70,000; and a dog park, $85,000. The Board supported the participatory budget items, as presented. Dawn McKenna, 9 Hancock Street,noted that there are different projects in the unweighted version, and it feels as though the rules are being changed halfway through the process. She requested that the Board make a vote based on the criteria as originally laid out. Mr. Sandeen staxed that he believes,for future participatory budgeting processes,that the Select Board and Town staff should make it clear to all voters in advance whether the votes will be tallied using the weighted or unweighted methods. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0-1(Mr. Sandeen abstained)to approve the following requests out of ARPA,which are the lnternal Equity Audit for $50,000 and a match to the grants and the Lead and Copper Service Line engineering costs of$329,580 and Further, approve increasing the appropriation for participatoiy budgeting for this year from$500,000 to $505,000. DOCUMENTS: ARPA Spreadsheet 4-7-23, Community CenterAVRequest, Lead and Copper Engineering Request, Internal Equity Plan Request, Sign Bylaw Update Request,Participatoiy Budget 12-15-23 Descriptions,Participatory Vote Tally Final 2. Approve Expenditure of Funds for Gift of Cash Received by Fire Department Ms. Hai explained that 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 inissing 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. VOTE: Upon a motion duly made and seconded, by roll call,the Select Board voted 5-0 to authorize the use of funds donated by the Rotary for the purpose of purchasing a drone as presented by the Fire Department. DOCUMENTS: Rotaiy Letter 3. 2023 Annual Town Meeting • Motions: o ATM 2023 Article 33: Amend Zoning Bylaw- Special Permit Residential Development ATM 2023 o Article 34: Amend Zoning Bylaw and Map -Multi-Family Zoning Housing for MBTA Communities Regarding Article 33,Ms. Hai explained that the Special Permit Residential Development Committee considered both the Arens' amendment and the original Jensen/McBride amendment. The Committee was unanimously opposed to both amendments. There has since been a revision to the Jensen/McBride amendment, but that was not reviewed by the Committee. Other positions from other committees have also been received. The Board agreed to wait to vote on the amendments until it hears fiom the Planning Board regarding its vote. Regarding Article 34, all Board members were unanimously against the McKenna, et al warlcing group amendment. Regarding the Burger proposed amendment, Mr. Lucente and Mr. Sandeen were in favor; Ms. Hai, Ms. Bai7y, and Mr. Pato were against. On the main Article 34 motion,Mr. Lucente remained a wait,Ms. Barry and Mr. Sandeen changed to yeses. Ms. McKenna expressed disappointment that the Board took positions before hearing from her group. She stated that every neighborhood in a Town is part of its community. She stated that she believes this is diminished when stating that this is not being proposed in the right parts of Town. This amendment does show leadership, as it proposes a plan that includes 134 acres of multifamily housing,far beyond the 50- acre minimum. The Board reviewed their thoughts on Article 33 and its proposed amendments. Ms. Hai noted that the Pla.nning Board voted against both amendments unanimously. She explained that the Jensen/McBride amendment replaces site plan review with a return to special perinits. Regarding the Jensen/McBride amendment, Ms. Hai,Ms. Barry, and Mr. Lucente were against; Mr. Pato and Mr. Sandeen remained waits. On the underlying Article 33, all Board members were in favor. In response to the Arens amendment, Mr. Lucente and Ms. Hai were against; Mr. Pato,Ms. Barry, and Mr. Sandeen were in favor. Cynthia Arens, 7 Kitson Park Drive, stated that she believes the amendment will allow for additional building through the bonuses provided. • Select Board Article Discussion and Positions No other articles or positions were specifically add�essed at this time. DOCUMENTS: Art33SPRDmotion,Art 33 Arens amendment,Art 33 Proposed Amendment Jensen/McBride revised 4.6.23,Art 33 Proposed Amendment Jensen/McBride redlined revised 4.6.23, Art34motion,Art 34 Mckenna and working group amendment Revised 4.7,Art 34 Mckenna and working group amendment revised redlined 4.7, Art 34 McKenna and working group amendment slides, PB Recommendation Art 34 Amendments, Moderator's Proposed ATM Schedule (as of April 7, 2023),Art 34 Bulger amendment revised 4/10, Select Board Working Document-Positions 2023ATM ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at 7:Olpm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING April 12, 2023 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Wednesday,April 12, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente,Vice Chair,Mr. Pato,Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms.Katzenback, Executive Clerlc. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry stated that she would like to have a future agenda item regarding the 250t''Anniversary Celebration, along with how the Committee will wark with the Economic Development Department. Ms. Hai stated that this would likely be a good topic for a June work session of the Board. DOCUMENTS: Correspondence Secretary Report-April 12, 2023, Select Board Comments at Naming Ceremony of the Kenneth J. Donnelly Fire Headquarters TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that,regarding Article 13 —lead/copper lines,the original intention was to take $1.3M fi om retained earnings and the water rate and use that to offset a portion of the estimated proj ect cost. However,this money can be borrowed at 0% interest,which will eliminate the interest on$1.3M over a period of years. This will save the Town approximately$300,000. Also,regarding Article 27, staff and Town Counsel have been informed that the proposals contained in the Article will allow the Town to be one of the pilot communities. DOCUMENTS: Weekly Update 4-7-23 CONSENT AGENDA 1. Approve and Sign Awards for Patriots' Day 2023 • Minuteman Cane Award To approve and sign a proclamation for the 2023 Minuteman Cane Award. • Outstanding Youth of Lexington Award To approve and sign a proclamation for the 2023 Outstanding Youth of Lexington Award. • Pat Flynn Youth Award To approve and sign a proclamation for the 2023 Pat Flynn Youth Award. DOCUMENTS: 2023 Minuteman Cane Award-Fran Ludwig, 2023 Outstanding Youth of Lexington Award-Ella J. Lucente, 2023PatFlynnYouthAward-ShrutiPolcharna 2. Application: One-Day Liquor License—Lexington Symphony, 1605 Massachusetts Avenue • Post-Concert Reception To approve a One-Day Liquor License for Lexington Symphony to serve wine in the lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of a post-concert reception on Saturday, May 6, 2023 from 9:OOpin to 11:OOpm. 3. Approve Select Board Meeting Minutes • March 13,2023 Select Board • March 20,2023 Select Board • March 22,2023 Select Board To approve and release the following meeting minutes: March 13,2023 Select Board; March 20,2023 Select Board; March 22, 2023 Select Board DOCUMENTS: DRAFT 03132023 Select Board minutes, DRAFT 03202023 Select Board minutes, DRAFT 03222023 Select Board minutes VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Request to Increase Appropriation for the Tree Revolving Fund Dave Pinsonneault stated that this request is to increase the authorization froin the Lexington Tree Fund Revolving Fund from$75,000 to $125,000 for the tree replacement at the Center Recreation Area. The current balance in the fund is $350,000. Mr. Pato noted that this is being requested and supported by the Tree Committee. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to increase the Lexington Tree Fund Revolving Fund authorized expenditure from$75,000 to $125,000 for the purpose of planting trees at the Center Recreation Area. DOCUMENTS: MGLCh.44,Sec.53E1/2 2. Vote to Petition Massachusetts Department of Transportation(MassDOT) • Reduce the Regulated Speed Limit From 35 Miles Per Hour to 30 Miles Per Hour on Lincoln Street Between Middleby Road and Audubon Road • Reduce the Regulated Speed Limit From 40 Miles Per Hour to 30 Miles Per Hour on Marrett Road From Malt Lane to Follen Road Sheila Page,Assistant Planning Director, explained that,in response to safety concerns, the Transportation Safety Group (TSG) engaged TEC, Inc. to conduct speed studies on Lincoln Road between Middleby Road and Audobon Road and on Marrett Road between Malt Road and Follen Road to evaluate the speeds following MADOT protocols. In summary,the recoinmendations are: • Lincoln Street-To reduce the speed limit from 35 MPH to 30 MPH • Marrett Road- To reduce the speed limit from 40 MPH to 30 MPH • Concord Ave-No current action Mr. Sandeen commented that Town engineering staff has on a number of occasions advised the Select Board that changing the geometry of roads is the most effective way to reduce traffic speeds and asked if any work will be done to change the geometries of the roads to reduce the speeds. Ms. Page stated that, for Lincoln Road, lines will be painted to narrow the lanes to 10' each. No other dramatic changes are proposed to the roads. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve reducing the speed limit on Lincoln Street from 35 MPH to 30 MPH and further,to request MADOT review reducing the speed limit on Marrett Road from 40 MPH to 30 MPH. DOCUMENTS: Memorandum, Speed Request, Speed Study,Marrett and Lincoln Map visual 3. 2023 Annual Town Meeting—Select Board Article Discussion and Positions Ms. Bany changed her position on Article 16h to a no. Regarding Article 16i, Mr. Lucente stated that he attended the public meeting on this matter and is recommending that the Board postpone this Article indefinitely at this time,in order to listen to neighbors on this project and consider other ideas. Mr. Sandeen stated that the Board can choose to move forward with the project in spite of the concern raised by the neighbors, or the Board can delay this project to be voted on at fall Town Meeting,which would delay the project for at least a year and raise costs. He suggested a third option of calling a special Town Meeting at the end of May in order to further consider options,without pausing the project for too long. Mr. Malloy stated that there have been 19 public meetings plus and additional two meetings with abutters over a period of the last 14 months. The proj ect, as planned, is consistent with the Select Board goals and Town Meeting resolution. The project has been planned to be constructed in a manner with the parking lot which will include porous pavement to meet the Town's stormwater inanagement requirements for the overall Police Station project. There are concerns far delaying the canopy project and the Board will need to provide some direction on its policy objectives for the following options, should there be a decision to delay. A short delay with a special Town Meeting in the spring is not practical, as the architect would need to develop a new design and receive approval from the Historic Districts Commission (HDC). There would be additional design costs associated with this approach. The HDC meets on May 4�', and it is not likely that a design would be completed by that time. There are more expensive options, such as constructing the parking lot and then demolishing to install the footings, as a new design may have footings in different locations. The other option is to move forward with porous pavement parking lot and eliminate the canopy all together except for on the roof,which is lilcely the most expensive option. The proposal submitted by the abutter,Mr. Erickson, could not be built as suggested because it has footings in the middle of the parlcing spaces, leaving the Town no way to maintain that area. The proposal from the Town's architect design has 14,850 s.f. of panels, while Mr. Erickson's proposal would have approximately 12,070 s.f. of panels, or about 20% less solar generation. Mr. Erickson's design also increases the cost of the project by approximately$570,000. The canopy project that is before Town Meeting has resulted in a collaborative effort between the Town's architect,Public Facilities Department, Permanent Building Committee, Sustainable Lexington, and the HDC. The proposal fits into the historic Town center and also meets the Town's sustainability goals. The design is attractive for a solar canopy and will allow the Police Station to be at, or near,net zera There are no practical design alternatives that will make the solar canopy less visible. There is a substantial electric savings versus additional electrical costs associated with not pursuing the project. There are substantial construction sequencing implications with delaying the project to the fall Town Meeting, and holding a special Town Meeting is not practical. Town Staff continues to recommend the current project, as approved by the HDC as the best design that meets the Town's goals and recommends the Select Board vote to approve the project and recommend funding at Town Meeting this evening. Ms. Hai stated that she is comfortable with the design, as proposed. She is also troubled by the discomfort of so many of the direct abutters. Mr. Pato stated that he is disappointed that there were opportunities to have executed more effectively in engaging the neighborhood. However,there have been a lot of opportunities to become educated on this project. He stated that he believes if this project is delayed for two years,the Town will end up with essentially a similar project to the proposal. There are significant financial issues here, both in the construction costs and in the revenue that the Town would be making from the electricity produced. There is a strong need for the community to say that there is a climate crisis, and the Town has chosen to make changes to reduce its impact on the environment. This is not free in the Town's financial investment, and it is not necessarily free in aesthetic concerns. The Board has an obligation to bring this to Town Meeting because it told the public it would do so in the fall. Ms. Barry stated that,while she believes a project should be brought to Town Meeting, she is not sure this is it. She is in support of the solar part of the project. At the end of the day,the project that is before the community was not well socialized with the director abutters. This goes against the majority of what this Board has stood for. The mistake regarding lack of notification lands on the Board and staff, and this needs to be acknowledged. The Board has a fiduciary responsibility to the community. She noted that there is a lot of dirt on the site that could possibly become a temporary parking lot. She would support indefinite postponement of this item. Ms. Gens, 16 Dane Road, stated that she believes the abutters need to be honored,but the entire community,which would be benefiting from this project, also needs to be honored. The Police Station should be a source of resilience. lf it is built without solar,the Town is limiting its ability to have an island of resilience in extreme weather and whenever there is an outage. Dawn McKenna, 9 Hancock Street, stated that the hallmark of this community has always been the engagement of its citizens. The Board should treat its residents as though it values their opinions, in order to have engagement that makes this community great. David Kanter,Precinct 7 Town Meeting Member, stated that there are approximately 10,000 taxpayers in Town. The idea of IP'ing this Article eliminates the possibility for the representative members of Town to have an opportunity to understand both sides of the equation. Cynthia Arens, 7 Kitson Park Drive, stated that there is lot of money at stake here. Residents are also important. The Town's conunitment to the climate crisis is important. Supporting this affects not only the abutters,but every single current resident and every single future of Lexington and its neighbors. Ted Page, 6 Fletcher Avenue, challenged the notion that a two months delay would derail this project. He noted that the Federal Highway Administrator lists the height for an urban freeway overpass at a maximum of 16'. The proposed structure is 20' tall, at the entranceway to Le�ngton This is not an abutters issue. This is a Town issue. Pamela Lyons, 51 Grant Street, stated that the HDC has not yet issued a certificate of appropriateness. The hearings that were held,were held without notification to abutters. The HDC might have come to a different conclusion with that input. Mr. Malloy stated that the HDC did provide notice to abutters within 100' of the Police Station project. The notification process is that same that is used for every other applicant of the HDC. There is a special act that deals specifically with the HDC, giving them the authority to determine who the affected parties are to receive notice. Mr. Lucente stated that the flaw was not that notices were not provided at all for the proj ect,but that notices were not provided to the people that abut a certain piece of the project. The Fletcher Park residents were not included. He noted that there is a memo from the HDC Chair stating that it seems problematic that properties immediately adjacent to the proposed construction were not notified. Mr. Sandeen stated that he would support a two month pause to consider this further. If this is not an option,he would like to bring it to Annual Town Meeting as planned. The Board needs to balance the needs of both the Town and its commitments to address climate change. A year's delay in this project could raise the cost by approximately 25%. He would not support an indefinite postponement. Mr. Lucente stated that he believes it would be a mistake to bring this to Town Meeting at this time. Mr. Malloy staxed that Town Meeting's role is to appropriate funds. The concern that has been raised is that the HDC did not give broad enough notice. The HDC has not yet issued a certificate of appropriateness. Town Meeting could vote to approve the appropriation. At which point, the Board could pause until the HDC, has renoticed the hearing and issued a certificate. Mina Makarious,legal counsel, stated that notice does not legally matter until a hearing is closed. Defects in notice can be corrected during an ongoing hearing. As the HDC hearing is not closed, it makes perfect sense to continue this and hear additional comments in order to make a decision. Ms. Hai suggested that the Town Meeting could approve the appropriation, subject to the Board's requirement that the HDC renotice using both addresses and subsequent to a satisfactory process. This would alleviate the need to have a special Town Meeting but would delay the project until that process is completed. Mr. Lucente stated that he is not comfortable with this practice. It is not fair to ask Town Meeting for a blank check far a project design that is not yet finalized. Ms. Barry agreed. Ms. Hai suggested asking the Moderator to move Article 16i to the Town Meeting date of Apri124t''or later. A majority of the Board supported this suggestion. Regarding the Article 34 Burger amendment,Ms. Barry moved to a wait. Regarding Article 27, all Board members were in favor. DOCUMENTS: Police Station Solar Canopy, Moderators proposed schedule for ATM articles (as of 4- ll-2023),Art 27 Fossil fuel motion redline,Art 27 fossil fuel motion, Art 27 update,Presentation to Abutters 4-4-23, Tecton- Lower Canopy Height Presentation, Solar Canopy Economic Analysis, Erickson Presentation 4-4-23,WATER ENTERPRISE Update(Articles 5 & 13), Town Manager Memo 4-12-23 Article 16i, Select Board Worlcing Document-Positions 2023ATM ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjomn the meeting at 7:14pm. The next scheduled meeting of the Select Board will be held on Monday,Apri124,2023 at 6:OOpm via hybrid participation and prior to the start of Annual Town Meeting. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - Le�ngton Tennis Club, 475 Bedford Street ITEM PRESENTER: NUMBER: Select Board Chair C.6 SUMMARY: Category:Decision-Making Lexington Tennis Club: The Lexington Tennis Club has requested a One-Day Liquor License to serve beer and wine at the indoor Lexington Tennis Club, 475 Bedford Street, for the purpose of a fundraiser for the Sportsmen's Tennis Club on Saturday, May 20, 2023 from 11:OOam to 4:OOpm. The Sportsmen's Tennis Club is a nonprofit tennis club in Dorchester that provides free instruction to underserved youth. SUGGESTED MOTION: To approve a One-Day Liquor License for the Lexington Tennis Club to seive beer and wine at the indoor Lexington Tennis Club; 475 Bedford Street, for the purpose of a fundraiser for the Sportsmen's Tennis Club on S aturday, May 20, 2023 from 11:OOam to 4:OOpm. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor Licenses - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot ITEM PRESENTER: NUMBER: Select Board Chair C.7 SUMMARY: Category:Decision-Making LABBB Collaborative: LABBB Collaborative has requested two One-Day Liquor Licenses to setve beer and cider at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street, for the purpose of the Lexington Battle Green BBQ Festival on the following dates: • Saturday, May 20, 2023 from 12:OOpm to 8:OOpm • Sunday, May 21, 2023 from 12:OOpm to 4:OOpm The request has been reviewed by the Department of Public Works, Police Department and Fire Department with no concerns. A permit has been issued by the Town Manager's Office for the event location. SUGGESTED MOTION: To approve two One-Day Liquor Licenses for LABBB Collaborative to serve beer and cider at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street, for the purpose of the Lexington Battle Green BBQ Festival on the following dates: • Saturday, May 20, 2023 from 12:OOpm to 8:OOpm • Sunday, May 21, 2023 from 12:OOpm to 4:OOpm Move to approve the consent. 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J � � ��%///rs� .,.. „�. .ge /�i , , �f��,.i��i. � �i� :� -:.� /,. ,,;� iiill I6��' 1 �e /f . i �� /� i /� ��/i i�, .. � .. „i �i,�//;; �// a�/„ f �� ,,y �� '%; � � f��i�/a��/, �iir i� �l,rr,o.�j � � ,,�� //��// � � / �/�� /�i �% //�� ,��/ �� / � % i ," �;� ��%�� ', ��1�� /i �, ,� t � � i % �� /j� ��'�� ' %f 1 f 1�/1�/ ylt �i�i� � �ll'(�� t, `�l i%� ' � �� ,� � �l� ./�� .if ii/�, � i �i%ii�i � � /i/� //�i � i/iii� �� i i I , " � .. ,.,:. , , � � i' �'�� ,"r" ��1 � ��%��// ��/� ` ��`�� . il// � ,�i�-. / ,. .. � �IJ��%�� 'i %�%!i ��i/ �i; I� �� k� " �� 1�� %%/ f��,//�� ii/U/i / �� /i i// Y � ii�/�� /%i�/i/ � �, � ii/ /� �� %% �� i �ji�� li �� l �%'�� A /o%/�iif f%j� i�i I � i � � o,//�' � ��i��iid � r�/�j� //l//%i s,,,��;,,i�,,; „ „�� .. ,.�G� ... ... , 11 �� ...... .,; � . I/��%ii/ ,,,",,,,;!i i .... � ,,,,//,�,, Nm��r�r��y�.�h21�� '6,��,:�"xl�,C;�r�n7+��w�},�BI'��r�C�0,�.,.,�ra��;�.�1�, G;�'.,F�l�„b�I�,x�� I��r.�,�,,ra�r��ir:��u1��r,J,�k�,�T�o7��Y;�a��,�Or� �e6�fw ' AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot ITEM PRESENTER: NUMBER: Select Board Chair C.8 SUMMARY: Category:Decision-Making LABBB Collaborative: LABBB Collaborative has requested an Entertainment License for the purpose of live bands during the Lexington Battle Green BBQ Festival on Saturday, May 20, 2023. The live musical performances will take place at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street from 12:OOpm to 8:OOpm. There will be four bands playing at two-hour intervals beginning at 12:OOpm and ending by 8:OOpm. SUGGESTED MOTION: To approve an Entertainment License for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take place on Saturday, May 20, 2023 at the municipal parking lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street from 12:OOpm to 8:OOpm. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Application: License for Public Entertainment on Sunday - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot PRESENTER: ITEM NUMBER: Select Board Chair C.9 SUMMARY: Category:Decision-Making LABBB Collaborative: LABBB Collaborative has requested a License for Public Entertainment on Sunday for the purpose of live bands during the Lexington Battle Green BBQ Festival on Sunday, May 21, 2023. The live musical performances will take place at the municipal parlcing lot behind the Depot Building(to the left of the parking attendant), 0 Meriam Street from 12:OOpm to 4:OOpm. There will be two bands playing at two-hour intervals beginning at 12:OOpm and ending by 4:OOpm. The applicant is responsible for submitting the Select Board approved license and payment to the Massachusetts State Division of Professional Licensure. SUGGESTED MOTION: To approve a License for Public Entertainment on Sunday for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to talce place on Sunday, May 21, 2023 at the municipalparlcing lot behind the Depot Building(to the left of the parlcing attendant), 0 Meriam Sheet from 12:OOpm to 4:OOpm. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Application: License by a Farmer Winery to Sell at Farmer's Market - House Bear Brewing, LLC, Worthen Road Practice Field ITEM PRESENTER: NUMBER: Select Board Chair C.10 SUMMARY: Category:Decision-Making House Bear Brewing, LLC has supplied all the necessary paperwork to request a Special License from the Select Board to sell Mead and Cider at the Lexington Farmers' Market for the 2023 season from May 30, 2023 through October 31, 2023 and on November 21, 2023 at the Lexington Farmers' Market located at the Worthen Road Practice Field. There will be NO samplings at the Farmers' Market and the sale is for off- r� emise consumption. The Recreation Coininittee and School Coininittee both voted to allow House Bear Brewing, LLC to se11 at the Lexington Fanners' Market for off-�reinise consumption. SUGGESTED MOTION: To approve and sign a Special License for House Bear Brewing, LLC to sell Mead and Cider at the Lexington Faimers' Market from May 30, 2023 through October 31, 2024 and on November 21, 2023 for off-premise consumption, pendmg Lexington Faimers' Marlcet obtaining their required market permits. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ ,hpT}�Vicau�u4ruu�ar*,��l��.t u Q:uuutxwv�>IVlf�uuV�s^� ��r.aUst�p:n 11Ndu4c;uu,�1 APPLICATION BY A FARMER WINERY FOR LICENSE TO SELL AT A FARMER'S MARKET (CH.138,§15F) YEAR 20 23 1.Licensee Information: ABCC License Number: (If Existing Licensee) F W-LIC-000095 Name of Applicant: House Bear Brewing,LLC Business Name(d/b/a if different): Mailing Address: 25 Storey Ave,#238, City/Town: Newburyport State MA Zip 01950 Manager of Record:Carl Hirschfeld Phone Number of Premises: (978)388-1506 Other Phone: 7818390149 Email: carl@housebearbrewing.com Website: housebearbrewing.com Contact Person concerning this application(attorney if applicablel: Name: Beth Borges City/Town: Newburyport State MA Zip 01950 Address: 3 Graf Rd,#15 Email: beth@housebearbrewing.com Contact Number: (781)839-0149 Fax Number: 2.Event Information: A.Farmer's Market licenses are only permitted at events that the Department ofAgriculture has certified as Agricultural Events. Please attach document from Departmenr ofAgricultural Resources certifying that this is an agricultural event. Date(s)of Event: OS/30/23-11/21/23 B.Contact person for applicant during event: Name: geth Borges Phone number of contact: (781)839-0149 C.Description of the premises within the Farmer's Market: Address of Premises for the Sale of Wine: Worthen Road Practice Field next to the LHS Field House(Approx.Address 112 Worthe City/Town: Lexington State MA Zip 02421 Phone Number of Premises: 339-970-9495 Describe Area to be Licensed: Large field,vendor tents along perimeter and also in center APPLICATION FOR LICENSE BY A FARMER WINERY TO SELL AT A FARMER'S MARKET (CH.138,§15F) 3.Existing License(s)to Manufacture,Export and Sell at Retail: List the license(s)you hold which authorize the manufacture,exportation and retail sale of wine to consumers:(Attach a copy of each license) Name License Type License Address House Bear Brewing,LLC Basic Wine Permit 3 Graf Rd,#15, Newburyport,MA 01950 House Bear Brewing,LLC Farmer Winery License 3 Graf Rd,#15, Newburuyport,MA 01950 4.Are you providing,without charge,samples of wine to prospective customers? Yes � No x� Section 15F specifically requires ihai"all samples of wine shall be served by an agent,representative or solicitor of the licensee." A.If yes,please provide names and addresses of all agents,representatives and solicitors: Name Address ABCC License Number Carl Hirschfeld 3 Graf Rd,#15,Newburyport,MA 01950 FW-LIC-000095 Beth Borges 3 Graf Rd,#15,Newburyport,MA 01950 FW-LIC-000095 B.Proof of Age for Sale to Consumers: Please identify all methods by which you will obtain proof of age before providing samples or making any sales of wine to consumers: We are both TIPS certified and are responsible servers.We card where the situation warrants. 5.Transportation and Delivery: Please identify in detail all persons or businesses that are licensed under M.G.L.c.138,§22 that will be making any delivery of wine on your behalf to the Farmer's Market in Massachusetts. Deliveries made by LLC Managers XIf additianal space is ne�ded,please use last page. APPLICATION FOR LICEMSE BY A FARMER WINERY TO SELL AT A FARMER'S MARKET (CH.13$,§15F) 6.Safety and Tax Registration: Has the Farmer's Market registered with the Food and Drug Administration? Yes � No � Registration Date: 12/15/2022 7.Disclosure of License Disciplinary Action: Have any of the your licenses to sell alcoholic beverages ever been suspended,revoked or cancelled? Yes � No � If yes,list said interest below: Date License Reason why license was Suspended,Revoked or Cancelled Pursuant to M.G.L. Ch. 62C, Sec.49A,I certify under the penalties of perjury that,I have filed all state tax returns and paid all state taxes required under law.I further understand that each representation in this application is material to the determination of the application and state under penalty of perjury that all statements and representations therein are true. Na�rt:c: "C'h� I.��l� n��ay��uirc a��bitr��:r��M iz�[Q:��-nr�LtiQ:bn. h Signature �� "� ��"� �� , �, � � .��—�-.� .,� � Title LLC Manager ° Date 27.Mar 2023 Revised: 12/3/2019 Additional Space Please note which question you are using this space for. THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS --�f�`°�� Department of Agricultural Resources �. � 251 Causeway Street, Suite 500,Boston,MA 02114 �� -- � , F)17—C)26-1700 f2.X: C)17—E)ZC—IgSO WWW.YTI2.SS.gOV�2.gP � MAS5ACHUSE'TT56EPARTMIENT `� �� "� bFpGRIICIULTUftAV.92ESQURCES e�.'y`�,�:",'�a%' Maura T.Healey Kimberley Driscoll Rebecca L.Tepper Ashley E.Randle GOVERNOR LIEUTENANT SECRETARY COMM1SS10NER GOVERNOR March 23, 2023 Beth Borges House Bear Brewing LLC 3 Graf Rd. #15 Newbuiyport, MA 01950 Re: Lexington Farmers Market Dear Beth: Please be advised that your application for certification of the Lexington Farmers Market, occurring on Tuesdays from May 30th, 2023 to November 21 st, 2023 between the hours of 2PM and 6:30PM as an agricultural event pursuant to M.G.L.c. Section 15F has been approved. Please remember that,upon certification of an agricultural event by MDAR, the farm-winery must submit a copy of the approved application to the local licensing authority along with the application for obtaining a special license from the city or town in which the event will be held. Upon issuance of a special license,the winery should confirm that a copy of the special license was sent by the local licensing autharity to the Alcoholic Beverages Control Commission(ABCC) at least seven (7)days prior to the event. �, Ashley E. Randle, Commissioner THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS a��, n�':��?�m��:� Department of Agricultural Resources � 251 Causeway Street, Suite 500,Boston,MA 02114 �� p g �' � 617-626-1700 fax: 617-626-1850 www.mass. ov/a massacHusErrs aeaaar�nEaur ��w. OF p6RIIClULTURAO.B2E5QURCES Application for Certification of an Agricultural Event for the Sale of Wine Pursuant to M.G.L.c. 138,Section 15F *To be completed by the licensed farm-winery and returned to: By Mail:Agricultural Event Certification Program, 251 Causeway Street,Suite 500, Boston, MA 02114 By Email: Katelyn.Rozenas@mass.�ov with the subject line"Agricultural Event Certification" (A separate application must be completed for each event) In order for your application to be considered complete,you must include the following documents. Incomplete applications will not be accepted. �✓ Signed and dated application with farm-winery license number ❑✓ List of vendors with brief descriptions of products for current vear/season ❑� Event operational guidelines or rules for current year/season QResume of event manager or description of experience QPlan depicting the premises and specific location where the license will be exercised.See Template 1. � Approval letter from event management including the name of the licensed farm-winery and the day(s), month and year of event.See Template 2. 1.Applicant Information Name of Licensed Farm-Winery House Bear Brewing, LLC Farm-Winery License Number FW-LIC-000095 State of Issue MA Contact Person Beth Borges Address 3 Graf Rd, #15 City Newburyport State MA Zip 01950 Phone Number 978-388-1506 Email beth@housebearbrewing.com Correspondence preference �Regular Mail �Email Note:Approval/denial letters will be sent regular mail. Do you intend to sell, sample, or both? Check all that apply. ✓❑Sell ❑Sample 2. Event Information Name of Agricultural Event Lexington Farmers' Market Type of Event Agricultural Fair(as defined Farmers Market (as Other ❑ by MDAR policy) ❑✓ defined by MDAR policy) ❑Agricultural Event If you selected "Other Agricultural Event", how does this event promote local agriculture? Event Address Worthen Road Practice Field next to the LHS Field House (Approx. Address 112 Worthen Rd) city Lexington state MA zip 02421 Event Phone Number 339-970-9495 Event Website www.lexingtonfarmersmarket.org 3. Event Description What are the date(s) and time(s) of the event? start date 05 �30 / 2023 End date 11 / 21 �2023 Time 2:00 - 6:30 pm Month Day Year Month Day Year If this is a weekly event, on what day of the weelc does the event occur? Tuesday If the event is an agricultural fair, does the � Yes � No � N/A event include competitive agriculture? Is the event sponsored or run by an � Yes � No agricultural/horticultural society, grange, agricultural commission or association whose primary purpose is If yes, identify: the promotion of agriculture and its allied industries? 4. Event Management Name of Event Manager Alex Flack Email Address lexingtonfarmersmkt@gmail.com Phone Number 339-970-9495 Is this person the on-site manager? �✓ Yes � No If no, identify on-site manager(include contact information): If there are multiple managers, list them and include contact information: Attach on-site manager(s) resume(s) or list any credentials or training of the on-site manager(s): Relevant credentials include, but are not limited to, experience as a market manager, attendance at any market manager workshops, and experience with other agricultural events. On-site Market Manager Credentials and Relevant Trainings: 1. Supervised various farmers' market duties at the Troy Farmers' Market including set-up, break-down, customer interface, and vendor sales. 2. Managed the Lexington 2021 Summer and Thanksgiving Farmers' Markets. 3. Managed the 2022 Lexington Winter Farmers' Market. 4. In charge of coordinating the 2022 Watertown Farmers' Market. 5. Trained on diversity, inclusion, and event planning as a Resident Advisor and State Department Intern. Page 2 of 3 5. General Attach or provide in the space below a plan depictin�the premises and the specific location where the license will be exercised.See template for necessary elements to include. See Attached Market Layout Plan �� ,�,�� , 22. Mar 2023 � � m��. ��"� Signature �fA pl�c� t �� Date � Elizabeth Borges LLC Manager Name (please print) Title (please print) FW-LIC-000095 MA Farm-Winery License Number State FOR DEPARTMENT USE ONLY APPROVAL The event listed above is an approved agricultural event by the Massachusetts Department of Agricultural Resources under M.G.L. C138, Sec. 15F. � �� .' _ 3/23/23 Signature Date DENIAL The event listed above is not approved as an agricultural event by the Massachusetts Department of Agricultural Resources for the following reason(s): Signature Date Page 3 of 3 l.-�x;, �ar,,,�'Ma.-�t— ( Alex Flack Lexington Farmers' Market 70 East Street Lexington MA 02420 March 22, 2023 Hi Beth, We are eagerly awaiting the opening day of the 2023 Lexington Farmers' Market and are pleased to confirm that House Bear Brewing has been accepted to be part of our vibrant market as a Guest vendor. We are excited to have you back at the market and are looking forward to a great season! With gratitude, Alex, LFM Market Manager Phone: 339-970-9495 Email: I�xirrc�tr�r�f�rrrr�r�rr�ktCc�grn�ilo�r�r� I�x��'MA.-�t- � � 2023 LFM Farmer and Vendor List Weeklv Stillman's Farm Busa Farm Farmer Dave's Kelley Farm Joyberryfarms Farm River Rock Copicut Boson Sword and Tuna Boston Sword and Fish Bread Obsession Hi-Rise Drew's Stews and More Yamacu Lilybird Coffee Neighbor's Acre Bombay Brunch Biweeklv Niemi's Apiary Tasting Counter Gumption Elixir Yego Coffee Tex Mex Eats Valicenti Mei Mei Soney Bees Doris' Peruvian Pastries Del Sur Just Hummus Grateful Tastes Guest Vendors Roasted Granola Queen of Spice Merton's Maple Syrup Suenos Chocolates House Bear Brewing (�xir �a.�s'M�-k�t-- � 2023 Lexington Farmers' Market COVID-19 Specific Market Rules & Recommendations These rules and recommendations will be adapted/modified when appropriate and/or necessary in coordination with the Lexington Board of Health and Public Health Department. Farmers/vendors will be notified of any modifications. Social Distancing & Crowd Control The LFM staff and volunteers will monitor the designated entrance, exit and market space, which will be fenced in. Farmers/vendors will be spaced appropriately and the site will be marked to maintain reasonable distancing for high trafficked vendor lines and the entrance. > LFM staff and volunteers will provide signage and cones for appropriate spacing. If issues arise concerning safe distancing, the Market Manager should be notified as necessary. Table Setup and Displays > In order to maintain reasonable distancing at farmer tables, farmers are encouraged to create a system for preventing crowding while customers select produce. The LFM can work with farmers to assist with this process, including materials for line management (stakes and ropes) and volunteer staffing when possible. > Farmers/vendors should provide signage and direction on how customers can respect physical distance when selecting produce. > Pre-bagging/packaging is encouraged for quick "grab and go" shopping where possible in order to encourage efficiency. > In order to offer samples at the LFM, farmers and vendors are required to follow the L��ir�r�tcar► F�rrn�r�' fVl�rk�t F�r�d ��rr7 lir�c� F'rc�tca��al�. Sanitary Practices Cleaning and Disinfection Process > Farmers/vendors should bring their own cleaning and disinfecting materials including gloves if using, and a small waste basket. > LFM staff and volunteers will clean and disinfect high-touch contact surFaces as appropriate, and it is recommended that farmers and vendors do the same. Restroom Use (�xir �a.�s'M�-k�t-- � 2023 Lexington Farmers' Market Town public restrooms are available near the market site. > Farmers/vendors, market staff, and volunteers must wash their hands after bathroom use, either in the public restrooms or at a market handwashing station. Facial Coverings Masks will not be required at the outdoor summer season market. Should the BOH regulations change, farmers and vendors would be required to follow the Town of Lexington regulations. Staffing > We ask that if any farmer/vendor, staff member, or volunteer suspects that they have Covid-19 or is currently under quarantine, that person stay home and not attend the market. > If any farmer/vendor, staff member, or volunteer has received a positive Covid-19 diagnosis, that individual must not return to the market until s/he/they have followed the recommended period of isolation. These rules and recommendations will be in effect until further notice, and will be adapted/modified when appropriate in coordination with the Lexington Board of Health, Public Health Department, or other appropriate Town Deparfinents. Farmers/vendors will be notified of any modifications and agree to abide by the most up-to-date rules and recommendations. � � � � �, ' /� � , � < � P �� %`�f� ��f��/�l(� f�� ;� �f�jy� � 6� � � �/r � �l �r � � � , � � " *' ' °' � � � 1 � � ' � � � � � e*1 � r � %/�, p,. �ar s. s. /G�� '� � 4 � �Y � ' �� „ Y �� w, .��. ' � aG F- *3 = ��I�� IA �� uuiu, �� o ��..� 3 miou�rmi�i»w�emuiu � � ��. �� /j/, ��m m ,� ��,..a ,, � L� C . � � ..., � ��.. � � m q�j �: � f I�� 7 O G u � �� m 1/1 �/ �,1 �,�� "" � a .`�.. � o � Q v � � , u � � +n �+ � �a ' Q � � �� Q � � —+ 0 3 �Y � CS v� otl li6i�V °Ili „ �� VVVVV � u'�I � ( � � ��,.' H 3,. ' q� � ' � ;3 fa ;; : O m � � w� � �� e,o m u. �� o � ; i i m ; ��y� � � '� i � � � � i � w �° dE �+ c. — i u — � � � ��biD Q �� 3 �� t� �� '� �" � 3 �' �� r�'�Jla, I 3 4 �. � � � � � •� � � � a � �. F� � 4I q1 � ��04 � W', 4Z'7, pd m � � � � 4�� i L. 'O �j j ��H Q *1� S�' � �i V1 . I � ` I ' i � ! � � ,i uum VVVIII�uu , � 4ii�� . Q � {�, / � � � Ili d I � ,.m � � �! ..� f 3 uuu r Z � � J '�.N � , 4} �� ' �� ,� �� .;, � _ I�� yYl ;�I��i�. I. �. � I A / I�,WJ 3 II�II 2� R %/ � � � ` �� /, � „�� (, � ��%l f � i��j�/J/� , �„�ii � � /`;1��%;r.� �� ' i i� � i� /i// / %/%////��i/%% � �/ �/ �'fi � � r �� . �� Jrr/� /ii i i %��ii��i%%�i�/��/ �fji//�/i%i�j%�/////� fl�� u r ��/%�r %� i/r i i %��/ /'r 16'''�li��i ' '.� �;�' �I i /� � �//�i/�9`!%/��/i�� /, ii>' o� ,�rllG/�///�, i /// ��f�� ( �;�1�/rli �,��li//%�/ ,�..,,, i, i,r/ ii�%l�,`�� I� �� /� i� /��f //t� � ,� il KR r%r��i`��11��,��i�I i� �j��i �i�� r _m � ��rG, ,;,�j, , � _,.� ,,,, �,/////,,..;. ,r� �; �,��..��, �� „ � f� .,..�.�....w�.,� �� , � �i�� ; � w� , ' /��liVr'/ �� . / �/ ( '`wi � �� 0 � f . :� � '; a�. ��r/;«,�1' �.. . , � I � ��i�ik.,.. . : 'i k � AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - Le�ngton Local Food Collaborative d/b/a Lexington Farmers' Market, Worthen Road Practice Field ITEM PRESENTER: NUMBER: Select Board Chair C.11 SUMMARY: Category:Decision-Making Lexington Local Food Collaborative d/b/a Le�ngton Farmers' Market: Lexington Local Food Collaborative d/b/a Lexington Farmers' Market has requested an Entertainment License for the purpose of providing recorded music and live performances every Tuesday froin May 30, 2023 through October 31, 2023 during the 2023 Lexington Fanners' Market season. The Lexington Farmers' Market willbe held at the Worthen Road Practice Field. The live musical performances will take place under a tent in the corner of the field away froin Worthen Road from 2:OOpm to 6:30pm. SUGGESTED MOTION: To approve an Entertainment License for Lexington Local Food Collaborative d/b/a Lexington Fatmers' Market for the purpose of providing recorded music and live performances for patrons of the market to take place every Tuesday from May 30, 2023 through October 31, 2023 at the Worthen Road Practice Field from 2:OOpm to 6:30pm pending Town Manager approval of the 2023 Lexington F artners' Market. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �Ql7r Il�;xi�u�nb4r��IF^"saunru�,�,'CO�;brc�ca,fl G?varra�uar�v4sf`ICt�,q;�u4,ryt IE�a��c�i�;C��aau�,n-dsil ❑ �Q�i�ll r xxuu��;d4rc��^"�u�nt�<°m,'�a�aau��d P�Ia,rs 1f�cia;�c�GpT CvG�ou�°�u,a1 6.,��;�x,m�#�u I��o,�°x wti�r��e,,,�,. I Ipf ,,,,,�„� I ., Lexington Farmers' Market 70 East Street Lexington, MA 02420 8 May 2023 James J. Malloy,Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 2023 Lexington Farmers' Market Entertainment License Request Dear Mr. Malloy, The Lexington Farmers' Market requests an Entertainment License for the 19th annual seasonal market. We request an Entertainment License for Tuesdays from May 30, 2022 to October 31,�2023 from 2:00 pm—6:30 pm at the Worthen Road Practice Field.The LFM seeks to have live music played by local musicians and/or recorded music which will be amplified through portable battery-operated speakers for the enjoyment of LFM shoppers. location:The Entertainment tent will be located in the corner of the Worthen Road Practice Field away from Worthen Road (see map) Equipment: Musicians would be hosted under a 10x10 tent provided by the LFM, and there will be no stage or other structure erected. Regulations and Compliance: Musicians would be required to sign the LFM Market Agreement. Market Fee Agreement:As coordinated with Kim Katzenback the LFM would pay a one time $75 Entertainment License Fee for all summer market dates in 2023. We are grateful for the town's consideration of this request and would be happy to supply any additional information if needed. Thank you, Kim O'Brien Market Manager Lexington Farmers' Market � � _..�,�, � � t � . II , , � I i��i�i �� d I � � � �,� � ,� �, � � ' � � �q�" � ilu� ' �� _. . r' � � 1 ��; � �� ' �� , �� . ��'r�/' �1�lll��yl��',/� � �� r �,,,�r ylr ' �' ,� `� � ��i� , � � � 6 � t t , �� a, �' *' _ � f`%�� 3 � �, w � �� ' � ' w � '�° R � L � L '' 'i , o � ° � � "� ��' "� � �� ;�_ u ��u uuu ' � � � t�� , � � � 'a��i�� '�� ',� � �� h iiu�� I � i�% � �� „ � i� � � ' � � � , p �Q� , � � i/ r/ , � � ,, t �, h � W �� ,� '� qi � �� Z p�p �' p p�p , � Ul G m� N i a � IIII � � 0o m � � � � � '� c 2 � 'a � o �° i'�' ' '� °L �, �m v► o�' �2 Z i '� oumNom�uom�uu�u�i�u�umu' � � � R q� ' L � u� '� a � Y1 y. �i �' � ; v��+ 3 p a W _ �� , ,� � Q � vi N � �O , �1 � � ., � � � �,,' 1 y h6 . �i''� cVl ��. �' �f, � �..��. A �a � fh VY � p L � ( � '�i '� �t �� w � a�'i, � � „' � F ' � �4 I �� m � p � u�'/11„�MOIN�� IJ' � i � � ��6 �, Q `� � a � �� s� LfL U", N �my �'�, �� > u � �3 � J � � � � s� °J *' �� ''�i e � �� _ � � �/ � �� E . �' � � � � l� �, �? � � � �� '' �� ff y � r�,' .�� / `,; „ fjl �ioi/�n `1 f fn� �� .� � , /i � /�i i/ �� /%�/ �� f / �� `/%/rJl��f i / ��ir /iii� i � j �l�i�/�� ////��i�f/r ,�i� ��1�j�%j� / � �� // ri,�i�� i� i�/%/ 1, i , ��iiar iG/%% `, %' %�//��„ , //�i�i�/�%�i /"// /�i � � i,�� , /%I , ; � ��i�j��/��/f�// %�� ,i/, %/i i/ / %�r „i,n /� ��J//��'��i '',��//l�l�/� �nr , i r�rr�� ir f �/J//�r r �� ` �:,�,,., , �� yGi��,;i��ai i i��j � �/ •� �.. . �.,...�...�„�,.,�.�"""�� J �, ��/�� , � j � �� ,/��,� f' i � „d, � : r�°,;,��' � � �IS �"r�i 7�,. � �� "� � �� ` , AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamation- Children's Mental Health Week ITEM PRESENTER: NUMBER: Select Board Chair C.13 SUMMARY: Category:Decision-Making The Select Board is being asked to approve and sign a proclamation recognizing the week of May 7, 2023 to May 13, 2023 as Children's Mental Health Week. This is a new request from the Huinan Services Deparnnent and the Lexington Human Rights Committee. Mental health is an important factor in every individual's overall physical health and emotional well being. The Town of Lexington strives to highlight the importance of inental health awareness by reducing stigma,providing support, educating the public, and advocating for equal care for the younger residents of the Town, their families and the future of the community. SUGGESTED MOTION: To approve and sign a proclamation recognizing Children's Mental Health Week from May 7, 2023 to May 13, 2023. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type ❑ �Q�i3�"Vtula�:ua,r�°�,CeNa;i��LuV Q�a°,tiYfl�u��c;c;�V"uaar�lanur��rtiarrt V��r.a VsG�ll:n Mldtva�nn;il ,��e�o��„� �,c ��,� '�"`.�� . � � ��='�' �D�TC 0� �exil��tOTY, ��C�J1�gEtt$ _ - � ;� � 1. � ; ^�� +��.�9°" �" / SELECT BOARD OFFICE '�X l NG'C��, PROCLAMATION Whereas: the Town of Lexington Select Board has acknowledged May as Mental Health Awareness month; and Whereas: Children's Mental Health Week(CMHW)has been designated the first full week in May each year; and Whereas: according to the United States Department of Health and Human Services, one in five children is diagnosed with a mental health condition; and Whereas: in December of 2021, the Surgeon General issued an advisory highlighting the urgent need to address our nation's youth mental health crisis; and Whe�eas: good mental health is a key component in a child's healthy development and Children's Mental Health Week shines the light on this important matter; and Whereas: good mental health is a fundamental aspect of a child's overall health; and Whereas: comprehensive and timely identification and treatment includes timely services and supports for youth from a fully integrated team of culturally appropriate and diverse resources including families/caregivers,physicians, schools, and local communities and youth are best served when supports are fully collaborative; and Whereas: appropriate treatment is family-driven, youth-guided, culturally appropriate, and equitable across varying communities and populations; and Whereas: appropriately treating the mental health needs of youth while supporting their families/caregivers today is fundasnental to the future of our nation, and to the Commonwealth of Massachusetts. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts do hereby proclaim the week of May 7 to 13, 2023 as Children's Mental Health Week and urge our residents,businesses, and organizations to promote this year's theme: Accept, Advocate, Act—Because Awareness is Not Enough in order to help increase equitable access to appropriate treatment and support for children, youth, and their families with mental health needs. We call this observance to the attention of all our residents with the support of the Lexington Human Services Department and the Lexington Human Rights Committee. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 8th of May 2023. JiLL i.HAi,CHATR JOSEPH N.PATO SUZANNEE.BARRY DOUGLASM.LUCENTE MARK D.SANDEEN AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Select Board Committee Appointments ITEM PRESENTER: NUMBER: Select Board Chair C.13 SUMMARY: Category:Decision-Making Abnointments• Lexington Housing Assistance Board(LexHAB) . The Select Board is being asked to appoint Eric Brown and Russell Tanner to the Lexington Housing Assistance Board(LexHAB)both for three-year terms set to e�pire on May 31, 2026. Sefniquincentennial Commission (Lex250) • The Select Board is being asked to appoint Noah Michelson to the Semiquincentennial Coininission (Le�50) as the Community Member Representative for a term set to expire following the completion of all planned activities in 2026. SUGGESTED MOTION: To appoint Eric Brown and Russell Tanner to the Lexington Housing Assistance Board (LexHAB)both for three-year terms set to expire on May 31, 2026. To appoint Noah Michelson to the Semiquincentennial Coininission(Lex250) as the Community Member Representative for a tetm set to expire following the completion of all planned activities in 2026 in accordance with the deliverables established in the committee charge. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 ATTACHMENTS: Description Type L� ��i"��r,^xinug„k�sn�QQaG,t�,�ng,F��;s,ehuauro�>a�I['�tau�al{II r,xlFff�"4Q#li F��n�llvcaauu�Fuu�..�ll�uataw� IL�a�s➢cia�m C+N�dcmu�.Y ?��'a��,xiung,bann III[��7.�uc� � ��xv9nuua,a ff.�;�mat(Ila�x�A�&�f9l�a�llxcr�bn�a�n..1�� ❑ ��,�a�lk�tp�1WIf;a�a;uuviY ll"�uo�lwu L� :?�l�w�cnruugun�i��ndt�r��d�w�➢G`�rrnwrni,,ua��n�l�.r�`,�y�pa�roV��aa�n��d�..id.JVIf�a��Vsus�n 1F�a,�cu.pa lWlaoue�vtl APPLICATION FOR BOARD OR COMMITTEE MEMSERSHIP Applicants are encouragecl to also include a letter of inte�est or current resu�ne along with their submission of this application. LexHAB Board/Committee Name (one application per Committee): x Would you like your application kept on file for up to one year? Yes: No: Eric Victor Brown Full Name: Nickname: Preferred Title: 14 Douglas Road Lexington 02420 Home Address: City: Zip: 22 years Length of Residence in Lexington(note: ZBA requirement is a�ninimum of 8 years): Architect Occupation: 221 Hampshire Street Cambridge 02139 Work Address: City: Zip: Phone: Home: Cell: Email: Primary: Secondary: Special Training and/or Qualifications: Practicing Architect for 40 years. My firm executes several subsidized housing projects each year. I am knowledgeable in residential planning and design including Mass DHCD requirements. I am LEED AP and an What is your interest in this Committee? I believe that the affordable housing crisis around Boston and the surrounding suburbs is a situation that needs attention on many fronts. Every family should be able to obtain, safe, comfortable, and affordable housing, where As an Architect my firm has been participating in helping to provide such facilities for decades, and now the time is riaht for me personall�, to contribute my knowledge and skills to hel�g solve the problem, one �ject at a time on a volunteer basis. Joining LexHAB seems like the right opportunity to do so. A board member and friend, Lester Savage. How did you hear about the Committee? x Have you recently attended any meetings of the Committee? Yes: No: x Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions �ega�ding the meeting schedule,please contact the BoaNd/Committee via the Town website.) x Do you currently serve on another Board/Committee? Yes: No: Email:seleutkaaar�i_��lerci.rrcto� nma.qovorrnana.�(�r7lexinrtor� rrn�.cpov IfYes, please list BoardlCommittee Name(s): IfYes, please list date ost recent Conflict of Interest Law Training*: Signature: Date: � �-� � *If currently serving on anothe�Board/Co�zmittee,please attach a copy of your State Conflict of Interest Law Online Training CeYtificate, which can be obtained from the Town Clerk's Office. Email:selectbaarrl_(Ulexinqtanma.�yav or rnana.g�r.a lexi_nqtonm�.gov � � Architecture � Interiors + Planning 02/20/2023 LexHAB 1620 Mass Ave-suite 4 Lexington,MA 02421 Dear Board, It has been a pleasure speaking with you regarding possible openings on the LexHAB board. First, I would like to express my sincere condolences to everyone for the passing of Bill Kennedy. I did not know Bill, but it seems that his legacy can be an inspiration to us all. With this letter I would like to formally express my interest in joining the LexHAB board. I believe that the affordable housing crisis around Boston and the surrounding suburbs is a situation that needs attention on many fronts. Every family should be able to obtain, safe, comfortable, and affordable housing, where they can live and raise a family with dignity. As an Architect my firm has been participating in helping to provide such facilities for decades, and now the time is right for me personally, to contribute my knowledge and skills to helping solve the problem, one project at a time on a volunteer basis. Joining LexHAB seems like the right opportunity to do so. I have been practicing architecture now for 40 years. For the past 15-20 years my firm has been executing government subsidized affordable housing projects in Boston and throughout the suburbs. I am knowledgeable in the residential planning and design work required, including incorporation of the Massachusetts DHCD requirements, as well as specific constructability requirements appropriate for each unique project based on local context, available and appropriate construction systems, cost etc. I am LEED AP and an advocate for PCA 221 Hampshire Street Phone;- poadesign.00m Cambridge, MA 02139 Email: 2/2 creating energy efficient structures that look forward to becoming nondependent on fossil fuels. Through my tenure on the Lexington Permanent Building Committee, from 2005-2015, I have become knowledgeable about the challenges and opportunities that exist working with our local govemment and citizenry. We have a wonderful community of thoughtful and caring individuals. I hope you find me to be a qualified candidate who is willing volunteer my knowledge and expertise to helping solve this significant need. I would be delighted to discuss my interest further if that would be an appropriate next step. Best regards, Eric V Brown, AIA LEED AP PCA 221 Nampshire Street Phane:- pcadesign.com Cambridge, MA 02139 Email: �,ri�„ , vr��; 'l� Ir�i,',r;,,,. APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resunie along with their subniission of this application. LexHAB Board/Committee Name (one application per Committee): X Would you like your application kept on file for up to one year? Yes: No: Russell Tanner Full Name: Nickname: Preferred Title: 35 Highland Ave. Lexington 02421 Home Address: City: Zip: 19 years Length of Residence in Lexington(note: ZBA requirernent is a minimum of 8 years): Housing planner and consultant Occupation: 35 Highland Ave. Lexington 02421 Work Address: City: Zip: Phone: Home: Cell: Email: Primary: Secondary: Special Training and/or Qualifications: I am a housing development and planning professional by training and experience since 1983. I have a Master of City Planning degree from M.I.T., and have worked in affordable housing and other housing-related industries for permits and Chapter 40B developments, working with community groups and nonprofits, and working on projects at a variety of scales for both rental housing, soecial needs and for-sale housing. Please see the attached resume. Recently I have been somewhat active in the townOs effort to increase the diversity of housing, working with an informal committee of Town Meeting Members. IOve also attended many recent Planning Board meetings. What is your interest in this Committee? I believe I can help the LexHAB organization make a successful transition from itOs "niche" role as an aqent of the Town into an independent nonprofit orqanization with a role in developinq affordable housing in various ways throughout the community. I can provide technical assistance as a member of the Board and also guidance as to problem solving and project management. I've been aware of it for many years and was recently told of a vacanc� How did you hear about the Committee? � X Have you recently attended any meetings of the Committee? Yes: No: X Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions regarding the meeting schedule,please cont�zct the Board/Coinmittee via the Town website.) X Do you currently serve on another Board/Committee? Yes: No: Email:sele�t�Uard.(r�7lexinqtor�ma.:�ov or mar�a.c�er.(c�lexin.c�tunma,qov, If Y�es, please list Board/Committee N�me(s): If Yes, please list date of most recent Conflict of Interest Law Trainin�'�: � � Signature: _ �� Date: February 21, 2023 �If'currently se�^ving on another.Board/Committee,please attach a copy of your State Conflict of Inte�^est Law Online Training Certificate, which can be obtain�d from the Town Clerk's Office. EmaiL.�a<aY�ct'�ra�aP�ziC:`)I�xir�oc��Crr��r7�ei.cr�,�v or uo�ar74�c w�r dr7V��xtiu7�fQ.�rT� yom a,��„� hlt��h 9�!Oic:��l�c�c� 4��CMr�ke� R�' �..�xir��c��, �/k'A 02��G3 April 27, Z02� Select Board Town of l.exir��tc►rt 1625 11AVassachusetts Ave Lexingtor�, N1�1 tJ2420 DearSelect Board Nlembers, I am writing to e�tpress my interest in serving on the 5emiquincentenr�fal Cc�mrnittee �.s a Comrrrunity fv�ember Representative. As a lifelc►ng resident af Lexingtan, I was raised arnidst tc�wn c�l�brations ared find them to be a unique and impartant part of the Lex�ngtorr �experience. By servirrg on the Semiquincentennial Committee I hc�pe ta cantribute ta a part r�f th�town th�t has be�n scw �mperrtant in my own life, My experience enables me ta cambin� an understanding of the ta�wn and its traditians with the skidP required far plannin�and executing large events. During my t6me ier the L.exingtan Public 5choals, I was a member of the Lexin�ton High Schaal Parade Band far 3 years. Participating in the town's parades and ceremoni�s for Veteran's f�ay, Patriats' pay, and Memorial Day gave me an appreciation for the way 1.exington corr�memorates these irrrportant events. Durin� my studies at Stony Braok University I spent four years hi�hly invalved in campus residential life, serving on the executive boards of hall cauncils and the Natocrnal Residence Nall Hanorary, as well as working as a Resident Assistant for two years. In these positions I learned not only how Co plan and execute an bc,th enterta[ning and educational pra�rams, but also hc�w to gauge the needs and desires of a cammunity and meet them thraugh events and outreach. Additionally in mare recent years, 1 have been highly invalved in the planning af the �exin�tc�n Retailers Associatior�'s Discavery Day and Halloween evenis.Throu�h this I have gained experience in all phases of lar�e-scale euent planning and praductian, including autreach, marketin�, re�istrati�ns, �nd day-of Ic�gistics. The celebration caf the 250�"anniversary of the BattCe of Lexington and the be�innin�caf the Am�ric�n 4�evoluti�n cam�s at� time when history is being seen through an�ver-chan�in� fens.l"h�c��r��af�h� S�mfquinc�n��nr�i�l Ct�rr7�r°rritt�� r�ca�rriz�s this throu�h its carrrmitm�nt tr�div�rsity, irr�lusl�ar�, �r�c� �p��rturrity. t strtr��ly b�li�v� �r�thi��aal af th��c�mmitt�e,�nd hc�p�tca br(�r�, � �a�r��fv�tl°��°�t ��mbirr�s an �nd�rst�ndln��red r�esp��t��r th�past w�th a�visic�n th�t I��ks traw�r��th� ��atur� r�N°►c� thc* n�xt 2,�f1 y��rs. Thar�k yr�u far yaur cn�s�d�r��fo�►. �inc�r�ly, � �� AP'PLIC.4TI(�N �'t�►k� 8��2,�J► ��2. C't�►�'�I""1""TE� P'V��VCB�,�t�HIP Applic;a�ats t�we�ncc�r,rru��r�tc� r�d�� irt�lce�'��c l,�tta;�r,��"�"��a��'r��st r�r�curw�r�t rc��x� aX�rr�� r�d��Z t/��c�zr.suhrraissr�rrr� r�r,�`"tAri;�r��,�lic��rc�`i��rz. ��r�wq��u�r��nt��wr�� rr�rr��t��t�� Le��S�p) Boarct/Committ�e �an�e (car►� ��l.�cw�tic�� r t��a��'�it:��,e�: �._.._.__._.�......�„�..........,��...______�__....______._ Would yau 1ik� yaur ap�li��tirrn ke��t rr� tilc fr�r��tc� c�n� y�a�r�� s: ��,�._ ,?'�c�: ..__w_...�__.__.ww Noah Sannuel Michelsan FullNaane: w_�,..�,_.,�._._��...�..,..�._...�_..........._��._,�...�.�.__._�...._.._.__._.�.....�_W___.w..w.__.__._ �1 r Nicknacn�. �'r�f°�rr�.cl �C"itl�: 45 Circle Rd L�xinc�tc�rr CI242(� Home Address: C;"itY� ......._.m._._......__.._. . ._.w_��{�� _ . . . e ., �'6 Length afResiCl�n�e r� �C.oe�xit��tC�ta ('nc�t��.° ir�T3� r•e��yu��c�ra�c�r��t��.s�ce rr�en�r.nzr,�rn c�f"� �p��c�r�ws°�): St�dent/Sales Assc,ciate Occupation: _. 1780 Mass Av� Lexington 0242t� Wark Address: �itY: ��.�,�.Zip:. Phone. Ha�ne: C'�:11: Email: Prir��ary: S�c��>nc�ary: � Special Trainin�, anc�Jc�r QualifiGatians: I have Ic�ng been invnlved in organizaticrns with a stro�g programming and event planrring fcacus. Thraugh positions in academic, residential, and busir��ss arganizations i��l-�av��much�xperiencein all st�ges��of creating, planr�ing, and executir�g events af from large ta small and ranging from entertainment to educatianal, 'V1T'�►�t i� �.�t��r �i��c��re,st� in t�a�s C`u�r��aa�tt��,�� Y ' '� __ ._�______...______..�.____.. _�, As� a �ifelc�ng resid�r�k of Lexington, town celebrations have always been �n important and t�nic�u� p�� f t�� t�wr�"� id�ntity fc�r me. I wi�h to give back to the experi�nces that hav� r�iv�n r�� s� �.�m�W.�.�m.�.�� mu�h, ��td �dr�� fir�s�h p�er�p��tiv� �s�we celek�ra�� the 2�C�t�h annivers�ry af th�B�t�tl��i�d t.h��v�al�iti�n.� ��u��ir�� r ��a�� l��r� C��"�°�,rr��tt��c�"� C� u_�..�w�.._.�....�bs�,te ..,�a.,.,��,��.,�m�,��.,��.ti�..�.....�.��........�..��..��.��._.�� i��r�� c.�t�► r��l�r ��k:t��r�� a��i�� aZ"t�� t�`�r��ai�C��"� "��; „��,�,��„�Nro�� : o��,. �� ' �C..�� w �s��x�i��°��r� ��r�� il�l�tl�� i �t��c�l t�� r�r��ri1��"� ��r��tin�� : �` �f�� "��"�� . ,�.st��a�°�� r°��°��`t"r�� "�� rnr��t�w�,��l��c�w�aC�, �C��r�s��e°.t t�+� ��r��rx��rn��itt�� r��"e� tl°r� ��"�.>�►�r��w��r,s�_�. ��G?N �°��NS"w � �� a� w � � r� � N`Cc�.�.� �� r�� r��°�r�tl� �;��°��r� ��n��t.�ac��T��r��A�"��n�itt�� "�"��: °��: ��.��,.�.,..�.� ��: � �� .�� If Yes, please list BoardlCornmittee Name(s): If Yes, please list date af most recent Canflict of Interest Law Training*: , �„�_..w_. Signature: � '��a��" � Date; 4/27/2023 *If currently serving ar� anvther,Board/Camrriittee,please attach a c�py afyour State Canf!'ict af Interest Law OnCine Training Ce�tificate, whdch can be abtained from the Town Clerk's Of�ce. � AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Reorganization of the Board ITEM PRESENTER: NUMBER: Knn Katzenback, Executive Clerk I.1 SUMMARY: Category:Decision-Making The Chair and Vice Chair of the Select Board is elected annually after the dissolution of the Annual Town Meeting. SUGGESTED MOTION: Motion to elect Chair of the Select Board Motion to elect Vice-Chair of the Select Board FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 6:40pm AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Le�ngton Bicycle Advisory Committee Request for Worthen Road Bike Lane Pilot - REQUEST WITHDRAWN PRESENTER: ITEM NUMBER: Jim Cadenhead, LBAC Member; Betty Gau, LBAC Chair L2 SUMMARY: Category:Decision-Making This request was withdrawn by the Lexington Bicycle Advisory Committee on May 5, 2023. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 6:SOpm ATTACHMENTS: Description Type ❑ �'4r�n@�lenti;r 6;��v�,u N��nr�c, ��r��r��w��,�� TO�VN OF LEXINGTON °�' *�° TRANSPORTATIONSAFETY GROUP •� ��,�, � , ,. < �$ii ,��'�` r�71�i� �� , , „� ; � �,�� 1625 Massachusetts Avenue ��u�, �;�' Lexington,Massachusetts 02420 Contact: Sheila Page ��"`��;�-� 781-698-4560 Assistant Planning Director https://«vwlexin_to�gov/transportation-safe - ou� spage(�a,lexingtonma. o�v Date: May 5, 2023 To: Jim Malloy; Town Manager Cc: Kim Katzenback, Executive Clerlc Select Board John Livsey, Town Engineer Ross Morrow, Assistant Town Engineer Chief Mike McLean, Police Captain Chris Barry, Police Carol Kowalski, Assistant Town Manager for Land Use Health and Development Fr: Transportation Safety Group (TSG) - Sheila Page, Assistant Planning Director RE: Support for pilot separated bikes on Worthen Avenue RE: Support for permanent multi-modal paths on Worthen Avenue A representative from the Bicycle Advisory Coinmittee attended TSG's December 2022 meeting where both permanent and temporary pilot separated bike lanes were discussed. Dr. Stephens, LHS Principal, also attended this meeting. A safe bike route to the high school is needed, especially if the Town�vants to increase safety and reduce congestion around schools. The proposed pilot would be located in the parking lane along Worthen Avenue. The impact to parking was a concern but is somewhat alleviated because the pilot would be implemented during the last two weeks of school when seniors have graduated and the weather is optimal for biking. It was also understood that by eliminating parking on one side of Worthen, parking for weekend field use and the farmer's marlcet will be impacted. TSG's preference was for the pilot bike lanes to be on the high school side of Worthen, however this does have a greater impact on the Farmer's Market as they need nearby accessible parking for their patrons. TSG feels that the Town needs to push the boundaries of what is expected by the vehicle-driving-public so some inconvenience is ok. If the pilot were to move forward, we would be placing a two-way separated bike lane where cars typically go. Because of this change in traffic pattern, barriers are needed for the full length of the project to protect the cyclists. Lexington owns approximately 500 feet of traffic baniers including what was purchased during the pandemic. Approximately 2000 feet of barriers are needed to implement a safe pilot. These potentially could be rented for $35,000. TSG believes that separated bike lanes are essential for routing students and visitors safely to the high school. Through several site visits, we have seen the very full bike racks and observed ] student bicyclists navigating either the sidewalk or the roadway on their way to and from school. In addition, at the Apri14 Town-wide Bicycle and Pedestrian Public Meeting the need for a safe route from the Minuteman Bikeway to LHS and the Town's recreation facilities was a common theme in all the table groups; specifically, along Worthen Road where bike lanes end at Lincoln Street. Filling this gap is crucial in building our bicycle network infrastructure as well as building our bicycle culture. While the pilot is a great idea, TSG and Town-wide Bicycle and Pedestrian Plan support building a permanent multi-use path or separated bilce lane. We have the right-of-way to accommodate parking and a multi-use path or separated bike lane. TSG supports getting this done as soon as possible. 2 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Public Hearing: Wine & Malt Restaurant Liquor License - Taipei Gourmet LLC d/b/a Taipei Gourmet, 211 Massachusetts Avenue ITEM PRESENTER: NUMBER: Russell Chin, Attorney for Applicant L3 SUMMARY: Category: Hearing Taipei Gourmet LLC has submitted all the necessary paperwork requesting a new restaurant wine and malt beverages liquor license to serve alcohol, within the allowable hours under the Select Board Alcohol Regulations for Restaurants, for Taipei Gourmet located at 2ll Massachusetts Avenue. The legal notice was published in the Apri127, 2023 Lexington Minuteman newspaper and the abutters were noticed by the applicant as required. The restaurant floor plan is included in the Liquor License application. Building, Zonulg and Health Departments have reviewed this application and have no objections to the Liquor License application. The applicant must obtain all requ�red municipal permits for the restaurant. The Select Board approved the Taipei Gourmet LLC Common Victualler Restaurant License at the 2/27/2023 meeting. Their current hours of operation are 11:OOam to 9:OOpm Sunday through Saturday. Rusell Chin-Attorney, Yu Song-Owner and Ching Hsu-Owner and liquor license manager, will be at the meeting to answer any questions. SUGGESTED MOTION: Move to the application from Taipei Gourmet LLC d/b/a Taipei Gourmet located at 211 Massachusetts Avenue for a Restaurant Wine and Malt Beverages Liquor License for 7 days/weelc 11:OOam- 12:00 midnight, with Ching Hsu as Manager on Record for the liquor license and, once the application has also been approved by the ABCC, issue a Restaurant Wine and Malt Liquor License to Taipei Gotumet LLC d/b/a Taipei Gourtnet located at 211 Massachusetts Avenue. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 7:OOpm ATTACHMENTS: Description Type d �f'�u�zwu<.M,tzu�uru:t 0,II.°�'IL,fl,a�UA�sllxc��tia�u� IF3ac Vctz�'n 11Na�V�uuaaY The Commonwealth ofMassachusetts � Alcoholic Beverages Control Commission 9S Fourth Street,Suite 3, Chelsea,MA 02150-2358 www.mass.gov/abcc APPUCATION FOR A NEW LICEN5E Municipality IEXING70N � 1. LICENSE CLASSIFICATION INFORMATION pN POF�EMI5ES TYPE CATEGORY CLASS mises-12 §i2 Restaurant �� I Wines and Malt Beverages Annual Please provide a narrative overview af the transaction(s)being applied for.On-premises applicants should also provide a description of the intended theme or concept of the business operation.Attach additional pages,if necessary. he applicant is applying for the wines and malt beverages liquor license for the existing restaurant. Is this license application pursuant to special legislation? (^ Yes (•' No Chapter� Acts of � �. BUSINESS ENTITY INFORMATION The entity that will be issued the license and have aperational control of the premises. Entity Name Taipei Gourmet LLC FEIN 92-0418432 �� ,DBA Taipei Gourmet Manager of Record Chun Ching Hsu 5treet Address 211 Massachusetts Avenue,Lexington,MA 02420 IPhone 6179557010 �� Email chun.hsu@yahoo.com � Alternative Phone 6173098027 —�____� Website N/A � 3. DESCRIPTION OF PREMISES Please provide a camplete description of the premises to be litensed,including the number of floors,number af rooms on each floor,any outdoor areas to be included in the licensed area,and total square foatage.You must also submit a floor plan. The premises has approximately 1962 sq.ft. First-floor space with 1 entrance,3 exits, 1 service counter at entrance, 12 tables with seating for 45. Tota)Square Footage: 1962 _ � Number of Entrances: �—_�� Seating Capacity: 45 _ � Alumber of Floors C_� Number of Exits: CI ��--_—� Occupancy Number: SO � �J 4. APPUCATION CONTACT �'he application contact is the person whom the licensing authorities should contact regarding this application. Name: Russell Chin,Esq. Phone: 6174713460 � Title: Attarney Email: rchin@chinfirm.com 1 APPUCATION FOR A NEW UCENSE . CORPORATE STRUCTURE ,Entity Legal Structure l.l.0 Date of Incorparation p9/21/2022 � State of Incorporation Massachusetts Is the Corporation publicly traded? C`Yes (: Na 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST °I�ist all individuals or entities that will have a direct or indirect,beneficial or financial interest in this license(E.g.Stockholders,Officers, Directors,LLC Managers,LLP Partners,Trustees etc.).Attach additional page(s)provided,if necessary,utillzing Addendum A. • The individuals and titles listed in this section must be identical to those�led with the Massachusetts Secretary of State. ' • The individuals identified in this section,as well as the proposed Manager of Record,must complete a CORI Release Form. �� • Please note the following statutory requirements for Direttors and LLC Managers: �, On Premises(E.g.Restaurant/Club/Hotel)Directors or LLC Managers -At least 50%must be US citizens; I" Off Premises(Liquor Store)Directors or LLC Managers -All must be U5 citizens and a maJority must be Massachusetts residents. • If you are a Multi-Tiered Organizatian,please attach a flow chart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Principal Residential Address SSN pOB rYu Song � 285 Allerton Commons Lane,Braintree,MA 02184 �� Title and ar Posltion Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident Managing Member � 50% (:Yes C'No (`Yes (•'No (:Yes (`No Name of Principal Residential Address SSN DOB Chun Ching Hsu �� 25 Vanness Road,Weymouth,MA 02191 025909954 � 05/02/1974 � Title and or Position Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident Managing Member 50% (:Yes ('�No� (:Yes ("'No {:'Yes (`No ,,,,,,,,,,,,,,,_ — Name of Principal Residential Address SSN DOB � ,_..,_,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, i � � Title and or Position Perce�of Ownershi Director/LLC Manager US Citizen MA Resident � � ('`Yes C��No C`Yes ('No (`Yes C No Name of Principal Residential Address SSN DOB � �__� � Title and or Pasition Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident ("`Yes (`No� (`Yes ('`No� (`Yes (""No Name of Principal Residential Address SSN DOB � � �-� �`� Title a�ition ____ Percenta e of Ownershi Diredor/LLC Manager US Citizen MA Resident IC� (�Yes ("�Na C`Yes C No (�'Yes f�" No Additional pages attached? �yes (::Na �RIMINAL HISTORY Has any individual listed in question 6,and applicable attachments,ever been convicted of a (" Yes (:No State,Federal or Military Crime?Ifyes,attach an affidavit providing the details of any and all convictions. z APPLICATION FOR A NEW LICENSE 6A.INTEREST IN AN ALCOHOLIC BEVERAGES LICEN5E Does any individual or entity identified in question 6,and applicable attachments, have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes � No �X If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type �icense Name Municipality 6B.PREVIOUSLY HELD INTEREST IN AN ALCOHOI.IC BEVERAGES UCENSE Has any individual or entity identified in question 6,and applicable attachments,ever held a direct or indired,beneficial or financial {nterest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No [�X If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 'r 6C.DISCL05URE OF LICENSE DISCIPLINARY ACTION Have any of the disclosed licenses listed in question 6Aor 66 ever been suspended,revoked or cancelled? 1'es [] No []X If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. pate of Action Name of License City Reason for suspension,revotation or cancellation 7. OCCUPANCY OF PREMISES Please complete all fields in this section. Please provide proof of lega)occupancy of the premises. � • If the applicant entity owns the premises,a deed is required. • If leasing or renting the premises,a signed copy of the lease is required. • If the lease is cantingent on the approval of this license,and a signed lease is not available,a copy of the unsigned lease and a letter � of Intent to lease,signed by the applicant and the landlord,is required. • If the real estate and business are owned by the same individuals listed in question 6, either individually or through separate business entities,a signed copy of a lease between the two entities is required. Please indicate by what means the applicant will occupy the premises lease � Landlord Name Chang Family RealtyTrust landlord Phone 7813255840 � Landlord Email N/A � �andlord Address 25 Otis Street,Milton,MA 02186 Lease Beginning Date 01/23/2023 Rent per Month 5300 � Lease Ending Date 12/31/2026 ` � Rent per Year 63600 � Will the landlord receive revenue based on percentage of alcohol sales? {`Yes (: No 3 APPLICATION FOR A NEW LICENSE 8. FINANCIAL D15CLOSURE A.Purchase Price for Real Estate 0 B.Purchase Price far Business Assets �1 � t_ C.Other*(Please specify below) 3000___�� *Other Cost(s):(i.e. Costs associated with License Transaction � including but not limited ta: Property price, Business Assets, • p � Renovations casts,Construction costs, Initial Start-up casts, D.Total CaSt 300 - Inventory costs,or specify other costs):" SOURCE OF CASH CONTRIBUTION Please provide documentatian of available funds.(E.g.Bank or ather Financial institution Statements,Bank Letter,etc.) Name of Contributor Amount of Contribution Taipei Gourmet LlC 3000 Tota I 300 SOURCE OF FINANCING Please provide signed financing documentation. Is the lender a licensee pursuant Naine of Lender Amount Type of Financing to M.G.L.Ch.138. None C'Yes C' No C`Yes (` No (`"Yes (' No C'Yes ("' No FINANCIA�INFORMATION Provide a detailed explanation of the form(s)and source(s)of funding for the cost identified above. Business Account Monies.Bank Statement is attached. 9. PLEDCE INFORMATION Please prnvide signed pledge documentation. Are you seeking approval for a pledge?�Yes (: No Please inclicate what you are seeking to pledge(check a��that appiy� � License � Stock � Inventory To whom is the pledge being made? 4 10. MANAGER APPLICATION A.MANAGER INFORMATION The individual that has been appainted to manage and control the licensed business and premises. r- Proposed Manager Name Chun Ching Hsu Date of Birth SSN C-_� Residential Address 25 Vanness Road,Weymauth,MA 02191 Email chun.hsu@yahoo.com Phone 617955701 Q -� Please indicate haw many hours per week you intend to be on the licensed premises 40+ B.CITIZENSHIP/BACKGROUND INFORMATION Are you a U.S.Citizen?* (:Yes (`No *Manager must be a U.S.Citizen If yes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,Birth Certi�cate or Naturalization Papers. Have you ever been convicted of a state,federal,or military trime? {`Yes (:No If yes,fill out the table below and attach an affidavit providing the details of any and all convictions.Attach additional pages,if necessary, utilizing the format below. Date Municipality Charge Disposition C.EMPLOYMENT INFORMATION Please provide your employment history.Attach additional pages,if necessary,utilizing the format below. P Start Date End Date Position Employer Supervisor Name 06/Ot/2017 Present Manager Sheng Hu,Inc. Self-Supervised 01/O1/2013 05/31/2017 Deliverables Manager Chow n Joy Chunming Hsu D.PRIOR DISCIPLINARY ACTION Have you held a beneficial or financial interest in,or been the manager of,a license to sell alcoholic beverages that was subject to �disciplinary action? �^Yes (:No If yes,please fill out the table.Attach additional pages,if necessary,utilizing the format below. Date of Action Name of License State City Reason for suspension,revocation or cancellation i � I hereby swear unde�the poins and pe olties of perj y that the in rmation 1 have provided in this opplication is crue and accurate: � Manager's Signature Date 03/29/2023 W� 5 11. MANAGEMENT AGREEMENT Are you requesting approval to utilize a management company through a management agreement? ('`Yes CC N� If yes,please fill out section 11. Please provide a narrative overview af the Management Agreement.Attach additional pages,if necessary. IMPORTANT NOTE:A management agreement is where a (icensee autharizes a third party to control the daily aperations of the license premises,while retaining ultimate control over the license,through a written contract. This does noi pertain ta a liquor license manager that is employed directly by the entity. 11A. MANAGEMENT ENTITY List all proposed individuals or entities that will have a direct or indirect,beneficial or financial interest in the management Entity(E.g. 5tackholders,Officers,Directors,LLC Managers,LLP Partners,Trustees etcJ. Entity Name Address Phone +� � Name of Principal Residential Address S5N DOB � �_______� �itle and or Position ___ Percenta e of Ownership Director US Citizen MA Resident � ('`Yes (`No (""Yes ('`No� ('`,Yes ('' No Name of Princi al Residential Address SSN DOB � �-� Titie and or Position Percenta e of Ownership Director US Citizen MA Resident (''Yes C"`No (`Yes C No C'Yes C' N� Name of Principal Residential Address SSN DOB � � .. .....,._..__ ............... .. ... � � Title and or Positian___ Percenta e of Ownership pirector US Citizen MA Resident � C'Yes ("No C`Yes ('No (`Yes (�No Name of Principal Residential Address SSN DOB �--- � ._� Title and or Position Percentage of Ownership Director US Citizen MA Resident � � C'Yes (`No (`Yes _(`No (`Yes (' No CRIMINAL HISTORY �� Has any individua)identified above ever been convicted of a State,Federal or Military Crime? (""Yes ('�No If yes,attach an affidavit providing the details af any and all convictions. �1B. EXISTING MANAGEMENT AGREEMENTS AND INTEREST IN AN ALCOHOLIC BEVERAGES ICENSE poes any individual or entity identified in question 11 A,and applicable attachments, have any direct or indirect,bene�cial or financial interest in any other license to sell alcoholic beverages;and or have an active management agreement with any other licensees? Yes (] No [� If yes,list in table below.Attach additional pages,if necessary,utilizing the table format belaw. Name License Type License Name Municipality 6 � 11C. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICEN5E Has any individual or entity identified in question 11 A,and applicable attachments,ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes [� No ❑ If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name license Type License Name Municipality 11D. PREVIOUSLY HELD MANAGEMENT AGREEMENT Mas any individual or entity identified in question t t A,and applicable attachments,ever held a management agreernent with any bther Massachusetts licensee? �Yes ❑ No ❑ �f yes,list in table belaw.Attach additianal pages,if necessary,utilizing the table format below. Licensee Name License Type Municipality Date(s)of Agreement 11E. DISCLOSURE OF LICENSE DISCIPIINARY ACTION �Has any of the disclosed licenses listed in questions in section 116,11 C,11 D ever been suspended,revoked or cancelled? Yes � No � If yes,list in table betow.Attach additional pages,if necessary,utilizing the table format below. Da#e of Action Name of License City Reason for suspension,revocation or cancellation 11F.TERMS OF AGREEMENT a.Daes the agreement provide for termination by the licensee? Yes � No � b.Will the licensee retain control of the business finances? Yes CJ No [� c.Does the management entity handle the payroll for the business? Yes ❑ No ❑ d.Management Term Begin Date C e.Management Term End Date � f.How will the management company be campensated by the licensee?(check all that apply) ` ❑ $per month/year(indicate amount) ❑ %of alcohol sales(indicate percentage) �'�--� k ❑ �/o of overall sales(indicate percentage) �-"� ❑ other(please explain) ABCC Licensee Officer/LLC Manager Management Agreement Entity Officer/LLC Manager Signature: Signature: Title: Title: Date: � � Date: � 7 ADDITIONAL INFORMATION Please utilize this space to provide any additional information that wiil support your applicatian or to clarify any answers provided above. Page 4,Section 8,C.Other*(Special tost) The$3000 is capita)ta purchase coolers and inventory related to the anticipated beer/wine sales. APPLICANT'5 5TATEMENT �, Chun Ching Hsu the: ❑sole proprietor; 0 partner; �corporate principal; � LLC/LLP manager Authorized Signatory Of Teipei Gourmet LLC Name of the Entity/Corporation hereby submit this application (hereinafter the"Application"),to the local licensing authority(the"LLA")and the Alcoholic Beverages Contral Cammission(the"ABCC"and together with the LLA collectively the"Licensing Authorities"j for approval. I do hereby declare under the pains and penalties af perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that ail statements and representations therein are true to the best of my knowledge and belief. I further submit the follawing ta be true and accurate: �1} I understand that each representation in this Appiication is material to the l.icensing Authorities'decision on the Application and that the Licensing Authorities will rely an each and every answer in the Application and accompanying documents in reaching its decision; � (2) I state that the location and description of the proposed licensed premises are in compliance with state and local laws and regulations; j3) I understand that while the Application is pending,I must notify the Licensing Authorities of any chan�e in the information submitted therein. I understand that failure to give such natice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; t (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of the area used for the sale,delivery,storage,or consumption of alcoholic beverages,must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revocation of any license for which the Applicatian was submitted;and (9) I understand that any false s#atement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocatian of any license for which this Application is submitted. (10j i confirm that the applicant corporation and each individual listed in the ownership section of the application is in good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating to taxes,reporting of employees and contractors,and withholding and remitting of child support. � Signature: Date: 03/29/2023 � Title: Manager ENTITY VOTE Taipei Gourmet Ll.t The Board of Directors or LlC Managers of Entity Name duly voted to apply to the Licensing Authority of Lexington �and the City/Town ---� Commonwealth of Massachusetts Alcoholic Beverages Control Commission on 03/28/2023 Date of Meeting �or the following transactions (Check all that apply): Q New License � Change of�ocation � Change of Class(te.nnnuai/seasonaq ❑ Change Corporete Structure o.e.co�pi i�c� �Transfer of License � Alteration af Ucensed Premises � Change of License Type(t.e.club/restaurant) ❑ P�edge of Collateral tl.e.ucense�5t«k1 � Change of Manager � Change Corporate Name � Change of Category n.e.an niconoinvine,Malt) ❑ Mana9ement/Operating Agreement Change of Officers/ Change of Ownership Interest � Issuance/Transfer of StocWNew Stockholder � Change of Hours � Diredors/LLC Managers � (LLC Members/LlP Partners, Trustees) �Other � Change of DBA x "VOTED:To authorize Chun Ching Hsu Name of Person to sign the application submitted and to execute on the Entity's behalf,any necessary papers and do all things required to have the application granted." "VOTED:To appoint Chun Ching Hsu Name of Liquor License Manager as its manager of record, and hereby grant him or her with full authority and control of the premises described in the license and autharity and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts." Far Corporations ONLY A true copy attest, A true copy attest, ,- Corporate Officer/LLC anager Signature Corporation Clerk's Signature ��.��v c%�� -I 5� (Print Name) (Print Name) ADDENDUM A 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST �Continued...1 �ist all individuals or entities that will have a direct or indirect,beneficial or financial interest in this license(E.g.Stockholders,Officers, Directors,LLC Managers,LLP Partners,Trustees etc.). Entity Name Percentage of Ownership in Entity being Licensed � � (Write"NA"if this is the entity being licensed) Name af Principal Residential Address S5N DOB I � � Title and or Position __,,,.._ Percentaqe of Ownershi Director/LLC Manager US Citizen MA Resident ----•— ..,,„ ("'Yes C No (`Yes C`No ("Yes {'" No Name of Principal Residential Address SSN DOB � ................................._�—� Title and or Position Percentaa e of Ownershi Director/LLC Manager US Citizen MA Resident �� ("`Yes (`No ("''Yes (`No (`Yes (`No Name of Principal Residential Address SSN DOB � �� Title and or Position Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident ('Yes {�No ('Yes ('No ('Yes ('No Name of Principal Residential Address S5N DOB � � � L�� 'Title and or Position Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident (~Yes �No (':Yes ("No ("Yes (`No� Name of Principal Residential Address SSN DOB �_� Title�sition Percentage of Ownershi Director/LLC Manager US Citizen MA Resident I ('Yes ("No ('Yes ('No ('Yes C'No Name of Principal Residential Address SSN DOB �-___ �� C Title and or Position �_____�Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident _ � ("'Yes (`Na (`Yes ('No (`Yes ("' No Name of Principal Residential Address SSN DOB � � �� Title and or Position Percentac e of dwnershi Director/LLC Manager US Citizen MA Resident (`Yes ("No ('Yes {�No (`Yes (`No CRIMINAL HISTORY r�� Has any individual identified above ever been convicted of a State,Federal or Military Crime? L C�Yes {•^No If yes,attach an affidavit providing the details of any and all convictions. MA SOC Filing Number: 202244021410 Date: 9/21/2022 11:27:00 AM ,.. � . . . . , ., n . r. � ,,,,ti � .. . � � � . , � � ,� , . � � ��-�-� n��.�� The Commonwealth of Massachusetts M�n�m�m Fee.ssoo ou 1� � ��'� � �� '�� Williarr� Francis Galvin � � �� w �� ;�' Secretary of the Commonwealth, Corporations Division � ' � � � ��' One Ashburton Place, 17th floor �� :�� Boston, MA p2108-1 S 12 �� f ��"��'��`� Telephone: (617) 727-9640 � ; � . � . . �� ,' �� ,, f Identification Number: 001607862 ' f �` 1. The exact name of the limited liability company is: TAIPEI GOURMET LLC �''� � a `� � 2a. Location of its principal office: ,; � No. and Street: 211 MASSACHLJSETTS AVENLJE � 4: City or Town: LEXINGTON State: MA Zip: 02420 Country: USA �� ,� 1 2b. Street address of the affice in the Commonweaith at which the records will be maintained: ;;� ;� ,� °�� No. and Street: 211 MASSACHUSETTS AVENLJE j - City or Town: LEXINGTON State: MA Zip: 02420 Cauntry: USA =�� ;� ; 3. The general character ofi busine�s, and if the limited liability company is organized to render professional ;�� ' service, the service ta be rendered: �! � TO OPERATE AN ASIAN FOOD FULL SERVICE RESTAURANT. � , �;� ":s ;� 4. The latest date of dlssolutian, if specified: ;� „� F� "� 5. Name and address of the Resident Agent: ,' ' Name: YLT SONG y � No. and Street: 285 ALLERTON COMMONS LN `� ;; '� City or Town: BRAINTREE State: MA Zip: 021$4 Country: USA �' � �R ; �� I, YU SONG resident agent of the above limited liability aompany, consent to my appointment as the �� resident agent of the above limited liability company pursuant to G. L. Chapter 156C Section 12. � F !� '� 6. The name and business address of each manager, if any: �� `� �� Title Individual Name Address (no po goX� ,�� First,Middle,Last,Suffix Address,CiCy or Town,3tate,Zip Code � ,�� MANAGER CHUN CHING HSU 211 MASSACHUSETTS AVENUE �� LEXINGTON,MA 02420 USA ;� �� MANAGER YU SONG 211 MASSACHUSETTS AVENUE ) LEXINGTON,MA 02420 USA i; � ;� u� � J. ;� � 8. The name and business address of the per�on(s) authorized to execute, aaknowledge, del iver and record ;� ; any recordable instrument purporting ta affect an interest in re�al property: fi.� 7' �� t �� Title Individual Name Address (no po�ox) .�� °� � � First,Middle,Last,3uffix Address,City or Town,State.Zip Code � � � �, � 3! � � � a, Additional matters: :� �� -� >;� ''� SIGNED UNDER TfIE PENALTIES OF PERJURY,this 21 Day of September, 2022, �� RUSSELL CH1N, ESQ. � � (The certificate must be signed by Zhe person forming the LLC.) �'`` �� 's iF �, °y �Ij � i' s f¢ /� ,� C�2001 -2022 Commonwealth of Massachusetts �� ' All Rights Reserved �'� � �; �r ,;, � ��rt�;� �, �,. � , �,� i,,�„ „�,. , , a�� `.�,�':'�a��i, , , , ., .,.�, � p .,.,�., , '.4: , ,,,, ,, ��",�"' !m�"� fs.,'��M 4'��;, � i +k� v i�wf�n D a'�, i, _ „, U,��°kr.CL.M... & r d` i g MA SOC Filing Number: 202244021410 Date: 9/21/2022 11:27:00 AM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that,upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: September 21, 2022 11:27 AM �y��0 � t �� WILLIAM FRANCIS GALVIN Secretary of the Commonwealth � ,��,��.,��„�...��.�,�,,,,� w-.,� ��` � k ��. ��"�� ' �.w�_� �� j�„�° `��"��,��``°�` .,�_ � � � � � � ,�. � �� , �� a��t�� ..�.,.�,.._� �,»...�� ! t �,,,! �i ,,.. ��. . _ .. . ....,.. .»,.,.....,.,. ,_...__..,_, ,.. ._. . ,wy . .,.._� � .. .,.. ,w�..�, w , � �� '�� m__. �..�., �, �. �,. ..� �,. � .,n_ _,...IT..�.M. __...w_m c�. p _.._� ...__.__;.m, .,.. ..... ,, � �.� C.} ."". a"� .. ,w..� �Y�..,.. w..`� -«,.»,.��. �,,,i e� �� # � »« ,.. .,_,a�,.,��w, ,a,.�_ �...�,. 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" � p„ N .,� ' , ,,.. ... .„ �. n � .. � � � � ,.wu � f .:"�.�.. a ��"�'� �"E�'«�� p� � ° �� .. � ry�,�,�,�-»�-We � � � �,j,,,M• _�, ,��,�� .., o,o,,,... . �` , . ,�tr� �a„q �,�� ,ff � �� .. � , � ,, � �� n . �'�� p�w� . . ..,...�....,. ,. ._ � ... , k»nu� ��p.��,� ��x� �,,� Y��,+��"�^l 1k� � � � y ��,�,+'w"""b"' �� , ' 's� '�`�h`�"t� "a'�mx;,. '� �,'" �„�, � ��,,�w �� "��R�"'F� �� ,� � �" 4� ,� ; �� , �«��rr� _.,..,,�m � % tpws�.��'`u ��. . � � �t t�l``�' �°'�, � ,�"""'�.",. ��"�"��. �,.. ��'�, �,. `�c.��"� ,� � ��.�.....,.` �� '� �� ° � �� '� x.�.�� , .�,s2�, ,. � .��,.,� ��<�� ` � ,. �,��,�," �:��.�,� ��• �- � ' °�� , �� ."'� q, � ��t� � � �� .;� �� a �N,. w.�,..�-r�� „�,�,��.��.�_�� „��,,.,�... a�� '�',.�� "�"�°�"��: � �°�� .��`"� �� . µ CONTMERCIAL LEASE SECTION 1 Reference[nforrnation Section 1.01. Reference Information. Reference in this Lease to any af the following shaU have the meaning set forth below: Date of Lease: September 25, 2012 Premises: 2l I Massachusetts Avenue,Lexington,MA 02420 n ILandlord: Steven Chang Address of Landlord:27 Brennan Avenue,Waltham, MA 02451 Tenant:Clover Taipei,Inc., Address of Tenant:211 Massachusetts Avenue,Lexington,MA 02420 Term Commeocement Date: �-p F„��' i�,�j�dt.. �- `j.�n R r,,,k s�.a,�,� hot a-e u-,a.�. � (>-r o�e� ��hn►'r-� �2��aPn alo �ltuh�' �n�,(�vr�h��.cq,� �,Ir►cc� �b�c� U�4 inS'S` a V Initial Terrn Expiration Date.October 31,�01'7 �� ,�n�� t� �� Premises Square Faotage:>15,000 . �t�p� • Annual Fixed Rental Rate: Initial Term: The Initial Term consists af five(5) consecutive annual terms from the Date of the L,ease, $42,000.00 per annum, payable based upon schedule set forth in Section 2.02 [Year 1]. �400.00-per annurn, payable based upon schedule set forth in Section 2.02 [Year 2]�luS a n� �nvocas�e. i�v, �o,�,� � b'�'�,�,i T� �crr �2a�r, $56,400.00.per annum, payabfe based upon schedu[e set forth in Section 2.02 plus any increase in property tax from the priar year[Year 3 ta 5j 2"d Tern1: 57,52$.40 per annum payable based upon schedule set forth in Section 2.02 plus any increase in property tax from the prior year[Year 6 ta 10] 3rd Terrn: Monthly payments will be negotiated by the parties and are to be determined and adjusted for increase in property talc and inflation,the I monthly rent will not be less than$60,000.00 per annurn, payable based upon schedule set forth in Section 2.02 [Year 11 to 15] Permitted Uses: Catering and food preparation, delivery and any other lawful uses, provided such uses are in compliance with the municipal and zoning ardinances of the City of Lexington.Tenant shalt procure all licenses and Page I of 20 Y � Initial Term. initial Term shall be for fve(5) years cammencing with Commencement Date and ending on the first anniversary of the Commencement Date. The Initial Term ' shall call far a renial payment based upan the payment schedule set forth below: YEAR 1 Payment No. Fixed Mlnimum Monthly Rentaf Payments i #0 2-No rent 3 to 1�$4,200.00 Total Rent per Year 1 -$ta�,';.;x��"�- a o' YEAR 2� Payment No. Fi�ced Mlnimum Monihly Rental Payments 13 to l�t•$4,200.00 +�,to 24-$4,700.00 Total Rent per Year 2•$•'i f,�;�+�i�R a� YEARS 3 to 5* Payment No. Flxed Mfnlmum Manthly Rental Payme�ts � �'Eo 60-$4,700.00 Total Rent per Year-S� ' ��•: �Y'i��v ^.'� o YEARS 6 TO 10* Payment Na. • Fixed Minirnum Rental Payments 61 to 120-�4,794.Op Total Rent per Year-$57,52$.00 YEARS 11 TO 15** Payrnent No. Fixed Mlnimum Rental Payments 121 to 180$5,000.00 Total Rent per Annurn$60,fl00.00 �` plus any increase in property tax frorn the prior year in accordance with Section 2.02d. ** Monthly payments fo�the third and final term of this�ease will be negotiated by the parties and are to be deterrnined and adjusted for increas�in praperty tax and inflation and the �ent will not be less than $60,000.00 per annum. Fixed Minimum Rent is due and payable on the first day af each mqnth for the duration of the lease term without affset for any reason whatsoever. At the expiration of the Initial Term set#orth above,the Tenant thereafter shall have a right to an Additional Term as set forth in Section 2.02b, provided that Tenant is not in default of any of its obligations under the�ease. Should Tenant seek an Additionaf Term,Tenant shall give to Landlord written notice at least sixty(60j days prior to the expiration of the Initial Term. • � � kt�-�- �-� , i��` � s Public Liability Bodily In j ury $1,000,000A0/$2,000,000.00 and Property Damage- Combined single limit of$1,000,000.00 ' tnsarance L,imits: y �►v,oc� Security Deposit: $�{)�to be held in an interest bearing accaunt with Landlord. Guarantars: SECTION 2 Premises and Term Section 2.01. Premises Landlord hereby leases and demises the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to any and all existing encumbrances and other matters of record and subject to the terms and pravisions of this L,ease. The Premises expressiy do not include maintenance and upkeep, repairs, taxes or utility payrnents. Section 2.02a. initial Term. Initial Term shall be far five (5)years cammencing with Commencement Date and ending on the first anniversary of the Commencement Date. The Initial Term shap call for a renta[payment based upan the payment schedule set forth below: YEAR 1 Pa ment l�to. Monthl Rent Fixed Minimum Rental Pa ments I to 2 No rent 3 to 12 $4 200.00 Total Rent per Year 1 $42 000.00 YEAR 2 Pa ment No. Rent Fixed Minimum Rental Pa ments 13 to 14 $4,200.00 1 S to 24 $4,700.00 Total Rent per Yea r 2 SS 440.00 YEARS 3 tu 5 Pa ment No. Rent Fixed Minimum Rerttal Pa ments 25 to b0 $4,�04.00 Total Rent per Annum $56 400.00 YEARS 6 TO 10 Pa ment No. Rent Fixed Minimum Rental Pa ments 6 t to 120 $4 794.00 Total Rent er $57,528.Q0 Page 2 of 20 ( I Annam ( ( YEARS 11 TO 15* Ps ment No. Rent Fixed Minimum Rental Pa ments 12l to 180 $5,000.00 Tatal Rent per Annum $60,0OO.OQ '� Monthly payments for the fnal term af this Lease wi(I be negotiated by the parties and are to be deterrnined and adjusted for increase in property tax and inflatian and the rent wi I1 not be less than$60,000.00 per annum. Fixed Minimum Rent is due and payable on the first day of each month for the duration af the lease term without offset for any reason whatsoever. At the expiration of the Initial Term set forth above, the Tenant thereafter shali have a right to an Additional Term as set forth in Section 2.02b, provided that Tenant is not in default of any of its obligations under the Lease. Should Tenant seek an Additional Term, Tenaint shall give to Landtord written notice at least sixty(60)days prior to the expiration of the Initial Term. Section 2.02b. Additional Terms: If at the expiration of the Initial Term Tenant seeks an additional term, Tenant shall notify Landlord of the same, in writing, within sixty (60) days prior ta the end of the Initial Term. At the comrnencement of the lst Term, Tenant shal! p�y a base rent based upon the payment schedu(e set forth in Section 2.02a. Section 2.p2c. First Manth Rent and Securitv Deposit under Sectian 1 Ol: Tenant shall pay first rentaf payment on day of execution of this lease in an amount equal to$4,200.00 Landlord will hand deliver keys to the Tenant on the execution date hereof. Section 2.02d. Additional Rent: the Tenant shall pay in addition ta the annual Fixed Minimum Rent,the � foltawing actual charges described hereunder: i. Property Taxes: Tenant shall be responsible for atl personal pmperty tax levied against tenants' equipment fixtures and Tenants'other property on the premises. ii. Utilities/Water/Sewer: Tenant shall pay for its actual use of eleetricity, gas, telephane,air conditioning(if any), and cable(if any), Water/Sewer, Sewerage Disposal, Refuse Removal, and Grounds Mair�tenance and upkeep includin� any snow removal, trash removal, parking tat maintenance (plowing and sealing), and extermination or pest maintenance as necessary and required. iii. Imnrovements and Maintenance Casts: During the Initial Terrn and any term thereafter, Tenant shall be responsible for the followin�: (1) to maintain the interior af the Premises including any improvements made by Tenant to the Premises, reasonable wear and tear expected; (2) ta remove Tenant's trash and rubbish from the Premises. Landtord accepts no iiability for TenanNs employees, guests, patrons, visitars or the like with regard to events ar injuries resulting from Tenant's failure to remove snow and ice adequately from in front of the Premises. p��3 oezo I � � During the Initial Term and any term thereafter, Tenant shali be responsible for the maintenance and up keep o��l�-�al�nd mechanical systems to the Premises except as set forth in Section 6. -t-t�.� �„�,,hts� Tenant shall not make any structural changes to the Premises without notice to the Landlord together with a copy of all of the proposed renovatians and changes drawn and certified by a licensed architect. Landlord shall upon receipt of all required dacuments and permits provide notice of approval in writing to the Tenant,said approval shall not be unreasonabty withheld and/or delayed. In the alternative, Landlord shall provide a notice of denial in writing setting forth Landlord's objections to the proposed changes. vi. Meters and tnstalling Equipment. Tenant sha(i pay the cost of any and atl meters and the cost of installing any equipment required in connection therewith, and shall keep said meters and installation equipment in good working order and repair, and shall pay far water and electricity consumed, as shown on said meter, tagether with the sewer charge based on the water meter charges,as and when bi[ls are rendered. SECTION 3 Condition of Prernises e tion .01. Condition of Premises• Tenant agrees to accept the Premises in its present "AS IS" condition and without representation ar warranty by Landlord. Landlard shall have na abligation to perform any work or construction. If Tenant shail desire to perform any work or construetion,the same shall be done only in accardance with this Lease. SECTION 4 Fixed Rent �ection 4.01. The Fixed Rent. Tenant shall pay rent to Landlord by mail to such other place or to sach other person ar entity as L,andlprd may by notice to T nant from time to time direct, the fixed annual rent in accordance with the payment schedule set forth in Seetion 2.02a. Rental p$yments shal) be paid in advance on the first(1")day of each calenclar rnonth included in the Term, and for any portion of a calendaz manth at the beginning or end of the Term,at that rate payable in advance for such portion. Section 4.02. Late Fee. If the Landlard has not received the full amount of any monthly payment by the end of the tenth (10'h) calendar day after the date it is due. Tenant will pay a late fee to the Landlord. The amonnt af the charge will be $50.00 and will be paid promptly. Failure ta pay the full amount of each monthly payment or any late fee due and owed will be a default. SECTION 5 Insurance Section S.OI. Tenant's insurance.Tenant is required io maintain the following insurance thraughout the Term(s)of this Lease in the arnounts stated abave and included herein: Pagc 4 of ZO � � (a) Cammercial general liability insurance for any injury ta person or property occurring on the Premises, naming as insured Tenant,Landlord and such persons, including, without limitation, Landlord's managing agent, as Landlord shall designate from time to tirne, in amounts which shall, at the beginning of the Term, be at least equal to the limits set forth in Section l, and, from time to time during the Term,shall be for such higher limits as are required by Landtord; (b) Worker's compensation insurance with statutory limits covering alt af Tenant's employees working at the Premises;and (c) Such other insurance in such amount as Landlord or any of Landlord's mortgages may reasonably require from time to time. {d) Insurance against loss or damage from sprinklers and from leakage or explosions or cracking of boilers, pipes carrying steam or water,or both,pressure vessels or similar apparatus, in the sacalled "broad form", in such amounts and with sueh deductibles as Landlord may consider appropriate, and insurance against such other hazards and in such amounts as may from time to time be required by any bank, insurance company or other (ending institution holding a mortgage on the praperty in or upon which are situate the Premises. (e) Ali risk, fire and casualty insurance on a reptacement value,agreed amount basis, together with rental loss coverage and, if Landlord sa elects, flood coverage to the extent the same is available, insuring the property in or upon which are situate the Premises and its rental value, with such deductibles, if any, as Gandlord shall consider appropriste;and ection 5.02. Landlord's Requirements Regardin Insurance. Landlord shal! not be required ta maintain any insurance coverage for the benefit of the Tenant or for the Premises. Section 5.03. ReQuirements Aqplicabie to Insura�ce Policies. Al) policies for insurance required under the provisians of Sections 5.01 and 5.02 shall be obtained fram responsible companies qualified to do business in the Commonwealth of Massachusetts and in good standing therein, which companies and the amount af insurance allacated thereto shall be subject to Landlord's approval. Tenant agrees to furnish Landlord with insurance company certi�cates of a!1 such insurance and copies af the policies therefor prior to the beginning of the Term hereof and of each renewal policy at teast thirly (30) days prior to the expiration of the policy that Tenant shall renew. Each such palicy shall be non-cancelabte with respect to the interest of Landlord and such mortgagees withaut at least thirty (30) days' prior written notice thereto. The Landlord shall be listed as an additional insured on insurance coverage for the building and Fremises. Section 5.04. Waiver af Subro ation All insurance which is carried by either party with respect to the Premises or to furniture, furnishings, fixtures or equipnnent therein or alterations ar improvements thereto, whether or not required, shall include provisions which either i desi�nate the other pariy as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party ta the extent sueh rights have been waived by the insured party prior to occurrence of loss or injury, insofar as, and to the extent that, such pravisions may be effective without making it impossible to obtain insurance coverage E'rom responsible companies qualified to da business in the Comrnonwealth of Massachusetts (notwithstanding that an extra premium may result Page 5 of 20 . . , therefrom) and without voiding the insurance coverage in force between the insurer and the insured party. Upon reasonable request, each party shall be entitted to have duplicates or certificates of policies containing such provisians. Each party hereby waives all rights of recovery against the other for loss or injury against which the waivin� party �s protected by insurance containing said provisions, rese�rring, however, any rights with respect ta any excess of lass or injury over the amount recovered by such insurance. SECTION 6 Landlord's Covenants S�etion 6.OI. Services Provid� bv Landlord. Landlard shal[ not be required to furnish heat, electric current, water nor any other service or utilities of any kind to service the Premises nor shall Gandlord be liable to anyone for dama�es in the event of intenruption in or cessation of any service rer►dered ta the Premises(whether or not agreed to by the terms of this Lease), due to any accident, making of repairs, alterations or improvements, war or other emergencies, labor difficulties, trauble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for said P�emises, nor shall Tenant be entitied to any diminution or abatement of rent or other compensation or damages, nor shall this Lease ar any of the obiigations of Tenant hereu�der be affected or reduced by any such interruption or eessation af service. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency, or until necessa�ry repairs have been cornpteted; provided, however, that in each instance of stoppag�, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avaid unnecessary interr�ption of, and to minimize inierference with, Tenant's use of the Premises by reason thereof. Secti-- °� Pro e Maintenanee b Landlord. Landlord shali, Annual Pixed Rent,or cause to be furnished or provid d heat, electric curr ntpwater and all other utilities currently serving the Premises. Natwithstanding the Landlord's responsibilities herein, the Tenant shal) pay for their actual usage of electricity, gas, telephone, air canditioning(if any),and cable(if any), Water/Sewer, Sewerage Disposal, Refuse Removal, and Grounds Maintenance and upkeep including any snow removal, trash removal, parking lot rnaintenance (plowing and sealing), and extermination or pest maintenance as necessary and required Landiord shal! not be liable to anyone for darnages, interruption in ar cessation of any service rendered to the Premises (whether or not agreed ta by the terms of this Lease), due to any accident, making of repairs, alterations or impravements, war or other emergencies, labor difficulties, trouble in obtajning fuel, electricity, service or supplies fram the sources from which they are usually obtained far said Building, ar any cause beyond the Landlard's reasonable cantral, nor shall Tenant be entitled to any diminution or abatement of rent or other compensation ar dama$es, nor shall this Lease or any af the obligations of Tenant hereunder be affected or reduced by any such interruption or cessation of service. Landiord reserves the right to stop any service or ettility system, when necessary by reason of accident oc emergency,or until necessary repairs have been completed; provided,however,that in each instance of stoppage, Landlord shall exercise ressonable di[igence to etiminate the cause thereof, Except in case of emergency repairs, Pag�6 of 20 � Lanclford will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary interruption of and to minimize interference with T'enants use of the Premises by reasan thercof. Section 6.02a. Parkin�I.ot. Landlord and Tenant shali equally share in the cost of resurfacing the parking lot one time only during the term of this lease. All other maintenance of parking Iot t�be paid for by Tenant. Section 6.03. Maintenance. Shauld Tenant fail to maintain and repair the Premises as set forth in Section 7 below, Landlord may enter upon the Premises and shall be allowed to take atl materiaf into and upon the Premises that may be required far repairs or alterations {but only as or when needed for immediate use}without the same constituting an eviction of Tenant in whole or in part by reasan of loss of or interruption of the operatians of Tenant during the time as such repairs or alterations are being made. Tenant shall reimburse Landtord for the cost thereof an demand. Section 6.04 Short Term Warrantv, The Landlord hereby agrees to fully warrant the heating and air . canditioning systems currently at the Premises for �rs six (6} months of this Lease starting at the execution of the Lease and ending at , 2013. Furthernrtore,the Landlord agrees to give a 50% warranty the heating and air conditioning systems currently at the Premises for the second six (6) months of this Lease starting on.�accb,A-p�� I� 2013 and anding on.A�sE-3-�;2013. ,� n��w��eY'� �� If said repair is required the Tenant must notify the Landlord in writing of the issnes at hand. The Landlord shall then have 10 business days to address the issue. Once the twelve (12) month warranty concludes, the Land(ard will no longer continue to warrant the heating and air conditioning systems currently at the Premises. T`he Tenant acknowledges that the Landlord's warranty herein Section 6.04 shall lapse on August 31, 2013. [f Tenant hires their own repairman to fix the heating and air conditioning systems currently at the Premises during the twelve(12)month period, this warranty shall be nult and vaid. If the Tenant purchases replacement of heating and sir-conditioning systems, Landlord will equally share in cost of this replacement during the term of this lease one time anly. Tenant shall be responsible for costs of any other maintenance or repair costs to the heating and air-conditioning systems subject to the short-term warranty pravisions set forth in Section 6.04 herein. SECTION 7 Tenant's Covenants , Section 7.01. Use. Tenant shalt use the Premises �nly for the Perrnitted Uses and shatl from time to time procure all licenses and permits necessary therefor at Tenant's sate expense. Sectian '7.02. Reoair and Maintenance Except as otherwise provided in Sections 6 and 8, Tenant shall keep the Premises, including aIl plumbing, electrical, heating, air conditioning and ather Page 7 of 20 systems exciusively serving the Premises (whether or not located within the Premises) therein, in good order, condition and repair and in at least as gaod order, condition and repair as they are in on the Commencement Date or as may be put in during the Term, reasonable use and wear, damage by fire or casualty and taking by emineat domain only e.ccepted, except as expressly stated in Sectian 6. Tenant shalt make all repairs and . repiacements and do all other work necessary for the fore�oing purpases whether the same may be ordinary or extraordinary, foreseen or unforeseen. Tenant shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises and shall arrange for and be responsible for aU of the costs of trash and rubbish removal service in connection with Tenant's use of the Premises. Furthermore, Tenant shali maintain and repair the Premises including the roof, of the property �n or upon which are situate the Premises, and the�heatin electricat, air-canditioning and rrieehanical systems serving the Premises and�pa k�i�ng� areas except as expressly states in Section 6. To the extent repairs or maintenance covered by Section 6 aze required should Tenant fail to effect such repairs or maintenance at Tenant's sole expease said failure shall constitute a default hereunder. Should repairs be required, Tenant shal! notify the Landlord of the same in writing with an outline of all proposed repairs. Tenant agrees to proceed with diligence and coatinuity to complete such repairs or alterations in a good and workmanlike manner. Section 7A3. Cornoliance with La�, and Insurance Re airements Tenant shall rnake all repairs, alterai�ons, add�tions,or rep(acements to the Premises as may be required by any law or ordinance or any prder or regulation of any public authority arising from Tenant's use of the Premises and shall keep the Prernises equipped with alI safety appliances so requrred. Tenant shall not dump, flush or in any way introduce any hazardous substances or any other toxic substances inio the septic,sewage or other waste dispasal system serving the Premises, or generate,store, except in compliance with the app(icable laws, or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent af Landlord and then anly in compliance with the Resource Conservation and Recovery Act of 19'76, as amended, 42 U.S.C. §6901, et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c. 2IC, as amended,the Massachusetts Oil and Hazardous Materia! Release Prevention and Response Act, M.G.L.c.21 E,as arnended,and all other applicable codes, regulations, ardinances and laws. Tenant shall notify Landiord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 arid shall comply with the orders and regulations of al! gavernmcntat autharities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. "Hazardous substances"as used in this Section shall mean "hazardous substances" as defined in the Comprehensive Environmental Respanse Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 and regulations adopted pursuant to said Act. Landlord may, if Landlord so elects, make any af the repairs, aiteratians, additions ar replacements referred to in this Sectian which affect the structure or systerns of the property in or upon which are situate the Premises, and Tenant sha11 reimburse Landlord far the cost thereof an demand. Tenant shall provide Landlord, from time to time upon Landlord's request, with a(1 records and information regarding any hazardous substance maintained on the Premises by Tenant. Page 8 of 20 Landlord shall have the right, upon reasonable advance natice and at such times so as not to interfere with the operation of Tenant's business(unless in the event of ae emergency, in which case no notice shall be required)at Tenant's expense, to make such inspections as Landlard shall reasonably elect from time to tirne to determine if Tenant is complyin� with this Section. , Tenant shall comply promptly with the recommendations of any insurer, foreseen or unforeseen, ordinary, as well as extraordinary, which may be applicable to the Premises by reason of Tenant's use thereof. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cance!lation of any insurance policy or make any insurance unobtainable. �ection 7.04. Tenant's Work. Tenant shall not make any installations, alterations, additions or improvements in,to or upon the Premises, including, without limitation,any apertures in the walls, partitions, ceitings or floors, without on each occasion obtaining the prior written consent of Landlord.Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses befare undertaking any work on the Premises and shall perf`orm all such work in a good and workmanlike rnanner employing materiais of good quality and sa as to conform with al! applicable zoning, building,fire,health and ather codes,regulations,ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall farnish to Landlord prior to the commencement of any such work a band or other security acceptable to Landlord assuring that any work by Tenaunt will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at alt times free of liens for labor and materials. Tenant shall employ for such work only contractors approved by Landtord and shall require a!1 contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and commercial general public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section t heneaf and to submit certificates evidencing such coverage to Landlord priar to the commeneement of such work. Tenant shaq save Landlord hanmless and indemnified from all injury, loss, claims or damage to any person ar property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonabie times and$ive notice of observed defects. Section 7.05. [ndemnitv. Tenant shall defend, a(I actions against Landlard, any partner, trustee, stockholder, officer, director,employee or beneficiary of Landlord, halders af mortgages secured by the property in or upon which are situate the Premises and any other party having an interest in the Premises (hereinafter referred to as the "Indemnifted Parties") with respect to, and shalC pay, protect, indemnify and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and alI liabilities, losses, dama�es, costs, expenses (including reasonable attorneys' fees and expenses), causes of � action, suits, claims, demands or judgments of any nature arising from (a) injury to or death of any person, or damage to or loss af property,occurring in ar upon the Premises or connected with the use, candition or occupancy of any thereof unless caused by the negligence or willfu! acts or omissions of Landlord or of Landlord's servants or agents; (b) violation of this Lease by Tenant;ar(c)any act, fault, omission,or other misconduct of Tenant or of Tenant's agents, contractors, licensees, sublessees or invitees. This indemnity shall survive the expiration or earlier termination of this Lease. Pa�t 9 of 20 Sect��4n 7.06. Landlord's Right to Enter. Tenant shal! permit Landlord and Landlord's agents to enter into or upon the Premises with twenty-four (24) hour written notice to Tenant or upon mutuaily agreed upon reasonable times and upon reasonable natice to examine the Premises, make such repairs and replacements as Landlord may etect, without however, any obli�ation to do so, and show the Premises to prospective purchasers and lenders, � and, during the last year of the Term, to show the Premises to prospective tenants and io keep affixed in suitable places notices af availabitity of the Premises. ectian 7�.(7� Personal PronertY at T'enant's Risk. All furnishings, fixtures, equipment, cffects and property of every kind of Tenant and of all persons ciairning by, through or under Tenant which may be on the Premises, shatl be at the sole risk and hazard of Tenant and if the whale or any part thereof shall be destroyed or darnaged by fire,water or otherwise,or by the leakage or bursting of water pipes, sream pipes, or other pipes, by theft or from any other cause, no part of said loss or damage shall be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant for any injury, loss, damage or liability not covered by Tenant's insurance to the extent prohibited by law. Tenant shall insure Tenant's persona!praperly. Secti=08. Pavment of Landiord's Cost of Enforcement. Tenant shall pay, on demand, Landlord's expenses, including reasonable attorneys' fees, incurred in enforcing any obiigation of Tenant under this Lease or in curing any default by Tenant under this Lease as provided in Section 9. S�t�____�0�►?•09, Yield U,,,� At the expiration of the Initia! Term or earlier termination of this r,ease, Tenant shall surrender all keys to the Premises, rempve all of Tenant's trade fixtures and personal property in the Premises, remove such insta!lations and impravements made by Tenant as Landlord may request and all Tenant's signs wherever located, repair all damage caused by such removal and yield up the Premises(including all insta�llations and improvements made by Tenant except for trade fixtures and such installations or improvements made by Tenant as Landlord shall request Tenant to remove} broom-ctean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises under this Lease, Any properry not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landtord the entire eost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and priar to Tenant's performance af Tenant's abligations under this Section 7.09. Sectian 7.10. E�tonpel Certificate Upon not less than five{5)business days' prior notice by Landlord, Tenant shal! execute, ackttowledge anc! deliver to Landlord a statement in writing certifying that ihis Lease is unmodified and in full force and effect and that, except as stated therein, Tenant has no knowtedge of any defenses,offsets or counterclaims against Tenant's obligations to pay the Fixed Rental and any other charges accountabte hereunder and to perForm Tenant's ather covenants under this Lease (or, if there shaU have been any modi�cations, that the same shall be in full force and effect as modified and stating the modifications and, if there shall be any defenses, offsets ar counterclaims thereto, setting them forth in reasonable detail), the dates to which the Fixed Rental and other charges have been paid and a statement that Landlord is not in default hereunder(or Pagt 10 of 20 if in default, the nature of such default, in reasonable detail). Any such statement delivered pursuant to this Section 7.10 may be relied upon by any prospective purchaser or mortgagee of the properry in or upon which are situate the Premises. i Sectioii 7.1 t. Landlord's Expenses re Consents.Tenant shall reimburse Landlord pramptly on demand for all reasonable legal and other expenses incurred by Landiord in cannection with atl requests by Tenant for consent ar approval hereunder. Section 7.12. Rules and Re�ulations.Tenant shall comply with such reasonable Rules and Regulatians as may be adopted from time to time by Landlord ta provide far the beneficial operation of the Premises and of the properly in or upon which are situate the Premises. Section 7.13. Hoiding Over. Provided that Tenant fails to exercise its rights under Section 2.02, the Tenant agrees and shall vacate the Premises immediately upon the expiration or termination date of this Lease. Cf Tenant retains passession of the Premises or any part thereaf after the terminatian of the Term without Landlord's express cansent, Tenant shall pay Landlord a default manthly rate of$5,000.00 per rnonth for the time Tenant thus remains in possession and, in addition thereto, shall pay Landlord for all damages, consequential as well as direct, stustained by reason of Tenant's retention of possession. The provisrons of this Sectian do not exclude Landlord's rights of re-entry or any other right or rights hereunder, including without limitation, the right tp refuse triple the munthly rent and instead to remove Tenant through summary proceedings for holding over beyond the expiratian of the Term of this Lease. Section 7.14. Assienment and Sublettin�. Tenant shall not assign, transfer, mortgage or pledge this Lease or grant a security interest in Tenant's rights hereunder or sublease (which term shall be deemed to include the granting of concessions and Iicenses and the like) ali ar any part of the Premises ar suffer or permit this Lease or the Leasehold estate hereby created or any other rights arising under this Lease to be assigrted, transferned or � encumbered, in whole or in part, whether voluntarily, involuntarily or by operation of law,or permit the occupancy of the Premises by anyone other than Tenant. Any attempted assignment,transfer, mortgage, pledge,grant of security interest,sublease or other encumbrance, except with prior written approval thereof from Landlord, sha11 be void. No assignment, transfer, mortgage, grant of security interest, sublease ar other encumbrance, whether or not approved, and no indulgence granted by Landlord to any assignee or sublessee, shal( in any way impair,the cantinuing primauy lisbility (which aRer an assignment shall be joint and several with the assignee)ofTenant hereunder,and no approval in a particular instance shall be deemed to be a waiver of the obli�ation to obtain Landlord's written approval in any other case. Tenant hereby acknowledges that the sale occupant af the Premises shalt be the Tenant and no ather ar additional Tenants are permitted without the written consent of the Landlord. Section 7.15. Overloadi and Nuisance. Tenant shall not injure, overload, deface or otherwise harm the Premises, commit any nuisance, permit the emission of any objectionab(e noise, vibration or odor,make,allow or suffer any waste or make any use of the Premises which is improper,offensive or contrary to any taw or ordinance ar which wip invalidate any of Landlord's insurance, if any. Page 1I of20 Section 7.16. Covenant Not to Sue and Release. Tenant covenants not to sue or bring any action and releases Landlo�d fully from all claims, causes of action, damage, injunctive relief, or other remedies, whether at law or in equity, that Tenant has or will ever have against Landlord with respect to,or arising from,Tenant's transpartation,storage,use, treatment, dispasal, or arrangement for disposal of any hazardous substance, pollutant or contaminant(as defined under federal or state law)at the Premises ar at the property in or upon which are situate the Premises. SECTION 8 Casualty Section 8�Q1 Termination. [n the event that the Premises shalt be destroyed or damaged by fre or casualty (hereinafter referred to as "Casualry") and if Land[ord's architect, engineer ar contractor shall determine that it wilt require in excess of ninety(90) days from the date of the occurrence of said Casualty to restore the Premises, this Lease may be terrninated by either Landlord or Tenanr by notice to the other within thirty(30) days following the occurrence of said Casualty. [n the event that the Premises are not restored within one hundred and twenty (120) days foflowing the occurrence of said Casualty, Tenant may elect to terminate this Lease provided that notice thereof is given to Landlord not later than ten(10)days following the date upon which such right shall have arisen. Section 8.02. Restoration. In_the event of the occurrence of a Casualty, if neither Landlord nor Tenant shall exercise the election to terminate provided in Section 8.0 t,this Lease shall continue in full force and effect and a just proportion af the Fixed Rent and other charges hereunder, according to the nature and extent of the damages sustained by the Premises, shall be abated until the Premises, or what may remain thereof, shalt be put by Landlord in proper condition for use subject to zoning and building laws ar ordinances then in existence, which, unless Landlord or Tenant shalf have exercised Tenant's option ta terminate pursuant to Section 8.01, Landlard covenants to do with reasonable diligence at Landlord's expense. Landlord's obligations with respect to restoration shall aot require Landlord to expend rnore than the net proceeds of insarance recovered or darrrages awarded for such Casualty and made available for restoration by Landlord's mortgagees. "Net proceeds of insurance recovered or damages awarded" shall refer to the gross amount of such insurance or damages less the reasonable expenses of Landlord in connection with the callection of same, inc)ucling without limitation, fees and expenses far legal and appraisal services. Section .Q3 Award. [rcespective of the form in which recovery may be had by law, all rights to damages ar compensation shall belpng to Landlord in all cases, except for Tenant's Leasehold improvernents, trade fixtures, equipment and relocatian expenses (but only to the extent that such payment daes not impact Landlord's award).Tenant hereby grants to Landlord all pf Tenant's rights ta such damages and campensation and covenants to deliver such further assignments thereof as Landtord may from time to time request. SECTION 9 Defautt Sectian 9.01. Events of Default. If any of the following shat!occur: P�e iz orzo (a) Tenant shall default in the performance of any of Tenant's obligations to pay the Pixed Rental or any other sum payable hereunder and if such default shall continue far five (5) days failowing notice from Landlord to Tenant designating such default; (b) if within thirty (30) days foilawing notice from Landlord to Tenant specifying any other default ar defaults Tenant has not commenced dili�ently to correct the default or defaults so specified or has not thereafter diligently pursued such correction to completion; (c) if any assignment for the benefit of creditors shall be made by Tenant; (d) if Tenant's Leasehold interest shal! be taken on execution or other process of Iaw in any action against Tenant; {e) if a lien ar ather involuntary encumbrance is fcled against Tenant's Leasehold interest,and is not discharged within fifteen(15)days thereafter; (fl if a petition is filed by Tenant for liquidation, or far reorganization or an arrangement or any other relief under any provision of the Bankruptcy Code as then in force and effect;or (g) if an involuntary petition under any of the provisions of said Bankruptcy Code is filed against Tenant and such involuntary petition is not dismissed within forty- five(45)days thereafter; then,and in any of such cases, Landlord and the agents and servants of Landlord lawfully may, in addition to, and nat in derogation of, any remediss for any preceding breach af covenant, immediately pr at any time thereafter and without demand or notice and with or without process of law(forcibly, if necessary)enter into and upon the Premises or any part thereof in the name of the whole,or mail a notice of termination addressed to Tenant, and repossess the same as af Landlord's former estate and expe) Tenant and those claiming thraugh or under Tenant and remove Tenant's and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid this Lease shall terminate, Tenant hereby waiving all statutory rights(including,without iimitation, rights of redernption, if any)to the extent such rights may be lawfully waived. Landlord, withaut notice ta Tenant, may store Tenant's effects, and those of any person claiming through or under Tenant at the expense and risk af Tenant, and, if Landlord so elects, may sell such effects at pubGe auctian or private sale and apply the net proceeds to the payment of a11 sums due to Landlord from Tenant, if any, and pay over the balance,if any,to Tenant. Sectian 9.Ola. In addition to Landlord's remedies in Section 9.01 herein, ifTenant is in default for non-payment of rent far 3 months,Landlord may without notice enter praperty and take•over business operatians. Section 9.02. Remedies. in the event that this Lease shall be terminated under any of the provisions contained in Sectian 9.01, Tenant shall pay forthwith to Landlord, as compensation, the Page l3 of 20 . � ' excess of the totai rent reserved for the residue of the Term over the fair market rentai value of the Premises for the residue of the Term discounted to present value. In calculating the rent reserved there shall be included, in addition to the Fixed Rental, the value of all other consideratians agreed to be paid or performed by Tenant during the residue. As additional and cumulative obligations after any such termination, Tenant shali alsa pay punctually to Landlord all the sums and shall perform all the obiigations which . Tenant covenants in this Lease to pay and to perform in the same manner and to the same extent and at the same time as if this Lease had not been terminated. In calculating the amounts ta be paid by Tenant pursuant ta the preceding sentence, Tenant shall be credited with any amount paid to Landlord pursuant to the first sentence of this Section 9.02 and also with the net proceeds af any rent abtained by Landlord by reletting the Premises, after deducting all Landlprd's reasonable expenses in connection with such reletting, including, without limitation, a11 repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Premises for such reletting, it being agreed by Tenant that Landlord may(i)relet the Premises or any part or parts thereof for a term or terms which may at Landlord's option be equal to ar less than or exceed the period which would otherwise have constituted the balance of the Term hereofand may grant such concessions and free rent as Landlard in Landtord's reasonable judgment cansiders advisabte or necessary to relet the same and (ii} make such aiterations, repairs and decoratians in the Premises as Landlord in Landlord's reasonable judgment considers advisable or necessary to relet the same,and no action of Landlord in accardance with the foregoing or failure to relet or to colleet rent under reletting shall operate or be construed to retease or rednce Tenant's liability as aforesaid. � Sectian 9 0 R�medies Cumulative. Except as otherwise expressly provided herein, any and alI rights and remedies which Landlord may have under this Lease and at law and in equity shal) be cumulative and shall not be deemed inconsistent with each ather,and any twa or more of all such rights and rernedies may be exercised at the same time to the greatest extent permitted by law. Section 9.04. Landl� or_ d,� R��ht ta Cure Defaults. At any time following ten (IO) days' prior written natice to Tenant (except in cases af emergency when no notice shall be required), Landlord may(but shall not be obligated to)cure any default by Tenant under this Lease, and whenever Landlord so elects,atl costs and expenses incurred by Landlord, inclnding reasonable attorneys' fees, in curing a default shatl be paid by Tenant to Gandlord as additional rent an demand, tagether with interest thereon at the rate provided in Section 9.07 fram the date ofpayment by Landlord to the date of payment by Tenartt. e t'an 9.05. Effeet of Waivers of Default Any consent or permission by Landlord to any act or om�ssian which otherwise would be a breach of any covenant ar oondition herein, or any waiver by Landlord of the breach of any covenant or condition herein, shall not in any way be hetd or construec! (unless expressly so declared) to operate so as to impair the cantinuin�obligation of any covenant or condition herein, or otherwise operate to permit the same or similar acts or omissions except as to the specific instance. The failure of Landlard to seek redress for violation of, or to insist upon the strict performance of, any cavenant or condition of this Lease shalt nat be deemed a waiver of such violation nor prevent a subsequent act, which would have originalty constituted a violation, frorn having a11 the force and effect of an original violation. The receipt by Landlord of rent with knowledgc of the breach of any covenant of this Lease sha11 not be deemed to have been a waiver of such breach by Landlord or of any of i,andlord's remedies on account thereof, including Landlord's right of termination for such defauit. Page l4'of 20 Section 9.06. No Accord and Satisfaction. No acceptance by Landlord of a lesser sum than the Fi:ced Rental, or any other charge then due shall be deemed to be other than on account of the earliest instaliment of such rent or charge due, unless Landlord elects by notice to Tenant to credit such sum against the most recent installment due. Any endorsement or statement on any check or any letter accampanying any check or payment as rent or other charge shall not be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy under this Lease or otherwise. Section 9.07. (nterest on Overdue Sums. If Tenant shall fail to pay Fixed Rental ar any other surn payable by Tenant to Landlard by the due date thereof(r.e.,the due date disregardin�any requirement of notice from Landlord or any period of grace allowed to Tenant), the amount so unpaid shali bear interest at a fixed rate (hereinafter `°Delinquency Rate") equal to tweive percent(12%}, from time to time in effect cammencing with the due date and continuing through the day an which payment of such delinquent payment with interest thereon shall be paid. If such rate shall be in excess of any mazcimum interest rate permissible under applicable Iaw, the Delinquency Rate shalt be the maximum interest rate pernnissible under applicable law. SECTION 10 Mortgages Section I 0.01. Ri h�: ts of Mortgage Holders.No Fixed Rental or any other charge shalt be paid more than thirty (30) days prior to the due date thereof and payments rnade in violatian of this provision shall (except to the extent that such payments are actually received by a martgagee in possession or in the process of foreclosing mortgagee's mortgage) be a nuliity as against such mortgagee and Tenant shal! be liable for the amount of such payments to such mortgagee. In the event of any act or amission by Landlord which would give Tenant the right ta terminate this Lease ar to claim a partial ar total eviction, Tenant shall nat exercise any such right (a) unti( Tenant shall have given natice, in the rnanner provided in Section I I A l, of such act ar omissian ta the holder of any mortgage encumbering ihe Premises whose name and address shall have been furnished to Tenant in writing, at the last address so furnished,and (b) until a reasonable period of tirne for remedying such act or omissian shal( have elapsec! following the giving of such notice, provided that following the giving of such notice, Landlord or such holder shall,with reasonable diligence, have commenced and eontinued to remedy such act or omissivn or to cause the same to be rendered. ' In the event that a�y proceedings are brought for the foreclosure af, or in the event of exercise of the power af sale under, any martgage now ar hereaRer encumbering the Premises, Tenant shall attorn to the purchaser upon such foreclosure or sale or upon any grant of a deed in lieu of foreclasure and recagnize such purohaser as Landlord under this Lease. Section I0.02. SUpetioritv of Lease;, Option to ubordinate. Unfess Landlord exercises the option set forth below in this Section 10.02, this Gease shall be su erior to and shall not be p subordinate to any mortgage on the Premises. Landlord shall have the option to Pagc 15 of 20 � subordinate this Lease to any mortgage of the Prernises provided that the holder of record thereof enters inta an agreement with Tenant, in such holder's customary farm, by the terms of which such holder wilt agree to (a) recognize the ri�hts of Tenant under this Lease, (b)perfarm Landlord's obligations hereunder arising after t6e date of such holder's acquisition of title and (c) accept Tenant as tenant of the Premises under the terms and conditions af this Lease in the event of acquisitian of title by such holder through foreclosure proceedings or otherwise and Tenant wilt agree to recognize the holder of such mortgage as Landlord in such event, which agreement shall be made expressly ta bind and inure to the be»efit of the successors and assigns pf Tenant and of the holder and upon anyone purchasin� the Premises at any foreclosure sale. Tenant agrees to execute and deliver any appropriate instruments necessary to carry aut the agreements contained in this Section 1 Q.02. SECTION l i Misceltaneous Provision �ection 11.41 Natices from One Party to the Other. AI[notices required or permitted hereunder shali be �n writin,g and sent by overnight delivery service(such as Federal Express), in which case notice shall be deemed given on the�day after the date sent, or by personal delivery, in which case notice shall be deemed given on the date received,if to Tenant,at the Origina! Address of Tenant or such other address as Tenant shall have tast designated by notice in writing to Landlord and, if to Landlord,at the Original Address of Landlord or such other address as Landlorc!shail have last designated by notice in writing to Tenant. Any notice shall be deemed duly given when deiivered or tendered for delivery at such address. Section 1 I.02. Quiet Eniovment.Landlord agrees that upon TenanYs paying the rent and perform;ng and observing the terms, covenants, conditians and provisions an Tenant's part to be performed and observed, Tenant'shali and may peaceably and quietiy have, hold and enjoy the Premises during the Term without any manner of hindrance or molestatian from Landlord or anyone ciaiming uncler Landlord, subject, however,to the terms af this Lease. �ection I 1 p3 Lease Not to Be Recorded• Notice af Le . Tenant agrees that Tenant will not record this Lease. [f the Term of this Lease, including options, shall exceed five (5) years, Landlord and Tenant agree that, an the reqaest of the other party, they will enter and record a Notice of Lease in form reasunably acceptabte to the Landlord. Sect—,-!an 11=�4_• Bind and I�r_ure: i,imitation of Landlord's Liability__ The obligations ofthis Lease shall run with the land, and this Lease shaU be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.No owner of the Premises sha11 be liable under this Lease except for breaches of Landlord's obligations occurring while awner of the Premises. The abligations of Landlord shall be binding upon the assets of Landlord which cpmprise the Premises but not upon other assets of Landlord. No individual partner, irustee, stockholder, officer, director, employee or beneficiary af Landtord shall be personally liable under this Lease and Tenant shall look solely to Landlord's interest in the Prernises in pursuit of Tenant's remedies upon an event of defanit hereunder, and the general assets of Landlard and Landlord's partners, trustees, stockholders, officers, employees or beneficiaries of Landlord shall not be subject to lery, execution or other enforcement procedure for the satisfaction of the remedies of Tenant. in no event shall Landlord at any time be liabte for consequential or indirect damages. Page 16 of'l0 . Section 11.05. Acts�God._In any case where either party hereto is required to do any act, delays caused by or resulting from acts of God, war, civil commation, fire, flood or other casualty, labor difficalties, shortages af labor, materials or equipment, government regulations, unusually severe weather, or other causes beyond such party's reasonable � control shali not be counted in determining the tirne during which work shall be completed,whether such time be designated by a fixed date, a fixed time or a"reasonable time",and such time shal!be deemed to be extended by the period of such delay. Section t 1.06. Landlord's Default. Landlord shall not be deemed to be in default in the perfarmance of any of Landlard's obligations hereunder unless Landlord shalt fail to perform such abligations and unless within thirty (30) days after notice from Tenant to Landlord specifying such default Landlord has not commenced diligently to correct the default so specified or has not thereafter diligentiy pursued such carrection to completion. Tenant shall have no right, for any default by[.andlord,to offset or counterciaim against any rent due hereunder. Section 1,1.07. Miscellaneous. This Lease shall be governed by and construed in accardance with the laws of the Commonwealth of Massachusetts. There are no prior or collateral orai or written agreements between Landlord and Tenant affecting this Lease. Section !1.08. Si na e. Tenant shall not install any signage on the exterior of the property in or upon which are situate the Premises or elsewhere upon the Prernises wit6out Landlord's consent which shalt not be unreasanably withheld.Tenant shalt,at Tenant's sole cost and e�pense, prepare all plans and s�cifications relating ta such signage, obtain all perntits and approvals from governmental authorities required in connection therewith, and bear all costs and expenses of constructing,maintaining,repairing and replacing such signage. Section t 1.09 Securitv Deoasit. Tenant shall pay the Security Deposit in the amount of'$ ,'a , 0 a simultaneously with execution of this Lease. The Security Deposit will be held by C,andlard, as security in an interest bearing account, for and during the Term, which deposit shall be returned to Tenant, within thirty (30) days after the expiration of the Term of this Lease provided there exists no breach of any undertaking of Tenant. If all or any part of the Security Deposit sha!! be applied to an obligation of Tenant hereunder, Tenant shall immediateiy upon request by Landlord restore the Secarity Depasit to its original amount. Tenant shall not have the right to call upon Landlord to apply a!1 or any part of the Security Deposit to cure any default or fulfill any pbligation of Tenant, but such use shalt be solely in the discretion of Landlord. Provided that Landlord gives Tenant notice of the name of such grantee ar transferee, upon any canveyance by Landlord of Landlord's interest under this Lease, the Security Deposit may be delivered by Landlord to Landlord's grantee or transferee. Upon any such delivery, Tenant hereby releases Landlord herein named of any and all liability with respect to the Security Deposit, its application and return, and Tenant agrees to look solely to such grantee or transferee.7'his pravisian shall also apply ta subsequent grantees and transferees. I SECTION 12 GUARANTY Page 17 of20 # t + Section 12.01. Perso�aran . Concunent with the execotion of this Lease,Tenant shall cause each of its members to execute and deliver to Landlord a personal guaranty, in the form of the personal guaranty attached hereto as Exhibit"A." W[TNESS the execution hereof under seal as of the day and year first above written. TENANT � . LANDLORD r ' � � � � '� f �,�� '•' l- �...�� By: Mei Ling C,iang ` gY; n g Title:Owner, Claver Taipei, [nc Title: Pr iden of Three Gargers, Inc. � � Duly Autharized Duly �orized Page I 8 of 20 • , E� I.EASE GUARANTY FOR VALUE RECEIVED,and in consideration for and as an inducement to Stsven Change (hereinafter referred to as the"Landlord")to make the foregoing lease{hereinafter referred ta as the "Lease")with S,fl� a _r �• = �(�e"Tenant"),the undersigned, L;i , (hereinafter referred to as the"Guarantor" ,unconditianally guarantees the full performan e,pa}�ment and observance of all the covenants,conditions,obligatians and agreements under the Lease ta be perf'ormed and observed by the T'enant,the Tenant's successors and assigns,and expressty agrees that the validity of this agreement and the abligations of the Guarantor hereunder shaU in no way be terminated,affected or impaired by reason of the granting by the Landlord of any indulgences to the Tenant or by reasan of the assertion by the Landlard against the Tenant of any of the rights or remedies reserved to the Landlord pursuant to the provisions of the Lease or by the retiefof the Tenant from any of the Tenant's obligations under the Lease by aperation of law or otherwise(includinp„but without limitation,the rejection of the Gease in connection with proceedings under the bankruptcy laws now or hereafter enacted);the Guarantor hereby waiving all suretyship defenses. The o6ligatians of the Guarantor include the payment to Landlord af any monies payab(e by Tenant under any provisions of the Lease,at law,or in equity, including,without limitation,any monies payable by virlue of the breach of any obligation or covenant of Tenant under the Lease. ?he Guarantar further covenants and agrees that this Guaranty shall,unless otherwise expressly agreed to in writing by Landlord,remain and continue in fut!force and effect as to any assignment, subletting,renewal,modi�cation or extension of the Lease,whether or not the Guarantor shall have received any notice of or consented to such assignment,subletting,oenewal,modification or extension. The Guarantar further agrees that the liability of the Guarantor under this Guaranty shall be primary(and nothing in this instrument shall be interpreted to limit the aforesaid primary obligations of the Guarantor) and that, in any right of action which shall accrue to the Landlord under the Lease,the Landlord may,at the Landlord's option,proceed against the Guarantor,any other guarantor,and the Tenant,jointly or severatly,and may proceed against the Guarantor without having commenced any action against or i�aving obtained any judgment against the Tenant or any other guazantor. The Guarantor irrevocably waives any and ali rights the Guarantor may have at any time(whether arising directly or indirectly, by operation of law or by contract or otherwise)to assert any claim against the Tenant on accoant af payments made under this Guaranty, including,withaut limitation,any and alt rights of or elaim for subragation,contribution,reimbursement,exoneration and indemnity,and further waives any benefit of and any right to participate in any security deposit or other collateral which may be held by the Landlard; and the Guarantor will not claim any set-offor counterclaim against the'I'enant in respect afany liability the Guarantor may have to the Tenant. The Guarantor feirkhe�r represents to the Landlord as an inducement for the Landlord to make the Lease,that the Guarantor(together with any other individual guarantor of the Lease}owns all af the entire outstanding membership interests of the Tenant. It is agreed that the failure of the Landlord to insist in any ane or more instances upon a strict performance or observance of any of the terms,pravisions or covenants of the Lease or to exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment for the future of such term, provision,cavenant or right, but the same shall coatinue and remain in full force and effect. Receipt by the Landlord of rent with knawledge of the breach of any provision of the Lease shall not be deemed a waiver of such breach. Pagc l4 of20 ' w Unless otherwise expressly agreed to in writing by Landlord,no subletting,assignment or other transfer of the Lease,or any interest therein,shalt operate to extinguish ar diminish the liability of the Guarantor under this Guaranty;and,wherever reference is made to the liability of the Tenant named in the Lease,such reference shall be deemed likewise to refer to the Guarantor. The Guarantar shaU reimburse Landiord for alt costs and reasanable attorneys`fees incurred by Landlord in enforcing this Guaranty. All payments becoming due under this Guaranty and not paid when due shall bear interest frorn the applicable due date until received by the Landlord at the interest rate set forth in Article 4 of the Lease. [t is further agreed that all of the terms and pravisions hereof sha)1 inure to the benefit of the respective successors and assigns of the Landlord,and shall be binding upon the heirs,executors, administrators,successors and assigns of the Guarantor. IN WITNESS WHEREpp,the Guarantar has executed this instrument, under seal,this 'L5� day of September,20l 1. Guarantor '�r ,�- �: .�...-�... ,� � • � �; ��-c� �.,��,� [ndividually <J Page 20 oP24 ' DocuSign Envelape ID:61FOCA8F-OFFF-4AE9-A75E-B389AC6F5F16 ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT Chang Farnily Realty Trust, a Massachusetts nominee trust("Lessor"/"Landlord"), Clover Taipei, Inc., a Massachusetts corporation("Assignor")with an address of 211 Massachusetts Avenue, Lexington MA 02420, and Taipei Gourniet LLC,with an address of 211 Massachusetts Avenue, Lexington, MA 02420(the"Assignee") and Yu Song and Chun Ching Su each individually as Guarantors enter into this Assignment of Lease and Assumption Agreement("Assignment") . l. Preliminary Premises. In entering into this Assignment, the parties acknowledge and agree as follows: (a) Landlord and Assignar entered into a Lease dated September 28, 2022 relative to a certain restaurant located at 211 Massachusetts Avenue, Lexington, MA 02420 (the "Lease"); (b) Assignor now wishes to assign its interest as Tenant under the Lease to Assignee, and Landlord is willing to consent ta the assignment of the Lease under the terrns and canditians set forth in this Assignment. Such assignrnent shall become effective as af the closing af the Asset Purchase Agreernent between Assignor and Assignee, which closing date is currently scheduled for November 9, 2022 ("effective date"). 2. Assi�nment bv Assi�nor. For consideration paid, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby transfers and assigns ta Assignee all of its right,title and interest in and to the Lease as of the effective date. 3. Termination Terms for Assignor. Upon the effective date, Assignar shall be fully released from its obligatians under the Lease and all such obligations and duties under the Lease shall transfer to Assignee. 4. Assumntion of Obli�ations bv Assi�nee. Assignee hereby assumes all obligations of Assignor as Tenant under the Lease from the effective date. The rent shali commence upan the effective date. Further, the members of the Assignee hereby agree that they are personally liable as Guarantors to the Landlord for all obligations pursuant to the Lease. 4. 5. Consent ta Assi�nment bv Landlord. Landiord hereby consents to the foregaing assignment of the Lease fram Assignor to Assignee and ta the assumptian by Assignee of the obligations of the Tenant under the Lease, beginning upon the effective date. 6. Secaritv Deposit. Upon the effective date, the parties hereby agree that the Landlord shall remit to Assignor the security deposit of Ten Thousand Six Hundred and 00/100 ($10,600.00) Dollars. The security deposit shall be dispersed to Assignor, subject to any application by Landlard of the security deposit to any unsatisfied obligations of the Tenant. DocuSign Envelope 10:61FUCA8F-OFFF-4AE9-A75E-E3389AC6F=5F16 Further, Assig»ee a�rees t� pay lar�cllord a se�arate security depasit of Ten Thc�usand Six Hul7dred and 0011()0 (�l0,bQ0.00) Doll�rs upon #l�e effective date. 7. Release vf Tenant. Landlarcl hereby releases ��d dischar�es flssignor trom any and all liability under the Le�se, upon tlic effective date. 8. Counterqarts. This Assign►i�ent may be exect�ted i�� c�nc c�r �7�orc counterparts, all �f which ta�ether shall cc�nstitute the same i��strument. so�4�zozz Datcd this day of Uctober, 2()22. �'hang Fan�ily Realty Trust (La»dlc>rd) F3y: ��""'.�- �'Vxtness Clc�ver Taipei, Inc. (Assi�itar) Dc,cuSigned by: By: � �� Witness Mc,i Liang, Presidel�t & "�r Taipei Ciourmct, LLC' (t'�:�si�nc�e) .....�;�,�y',.� �.�._,' �y. °�'�� jL"1��t,-� "�_ �'Vitness Yu Song, Manage7- f; � .<:::%""�r� ' � �,��'� r''� ��Z.;� � , By: ��°�"`"' � ��... itness Clzt�n Ching Su, Ivlana�;er � .,. �� ,.�-,-vt�. ��`'.e.'y (f,,� .�L��1�' Wr`�tness Yu Sang, Indiv�` ually as Guarantc>r �;, '� , , , --�''� �, �� /�rt� �( �'itr�ess Ch�in Ching Stii, Inc��ividri lly as Civara��toi• T'a�;e 2 of�2 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Update on Energy Use Disclosure PRESENTER: ITEM NUMBER: Maggie Peard, Sustainability& Resiliency Officer L4 SUMMARY: C ategory: Informing Sustainability& Resilience Officer Maggie Peard will provide an update on the rollout of the Building Energy Use Disclosure bylaw that was passed at Annual Town Meeting in 2022. The program is up and running with the first reporting deadline coming up on May 15th SUGGESTED MOTION: No vote required. 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SUGGESTED MOTION: No vote required. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 7:20pin ATTACHMENTS: Description Type ❑ �^1c�c�d q��°v�,��u:4a�y IF�a��,V;�i�r Cv�aau4°n-d�r1 ❑ Q��;�;nu�^1��9 ICl��7r4r�t �:€ax�V;�i�a Cv�aauc,nudil ❑ �^lc�9 If',��,a°rnrfn�°��trcr�r,IfDcri�a�y��?-23..2� ��d�.a°Ck�G�ll�anuc,unz�1 I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I■IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �� I iillllll! 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II !!II IIIIIIIIIIII!! !!l��I��I I■IIIIIIIIIIIIIIIIIIIIIIIIIIIII Illllllllllllllllllllllillllll�illllllllllllillllllllllll� ��oo��o��oo�� oo��o�o��o�� i�vimo��i��iiioiiii��i ��i��i��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Z EyE 3p ' 3� ' 3333 � - 3333$33-- N ��' _ _ _ _ - _' e� nG 2� .�,.e a�..i,.i,. xx.n.n � .��,.-xe..xxx r �.� iN-n - ep- , " _ _ _ _ L�i �i _ _ � _ _ Y_ _ � � - �� s � . -- - _ - P_ �PPPP L�. PPPP - � - 5 _ - _ _ _ �� -_ ___ _ F ________�� `4 q �xz ":� ; '� _ .�_e ,.,.c ___ _ "'-__ January 2023 GREEN FLEET POLICY REPORT Issued by Maggie Peard, Sustainability &Resilience Officer In an effort to reduce the Town of Lexington's fuel consumption, and vehicle emissions, the Select Board adopted a policy to purchase only fuel-efficient vehicles, with priority to zero emission vehicles. This Green Fleet policy established a requirement that the Town of Lexington purchase only fuel-efficient vehicles, prioritizing zero emissions vehicles, for municipal use whenever such vehicles are commercially available and practicable. The policy applies to all divisions and departments of the Town. The Green Fleet policy established that the Town will maintain an annual vehicle inventory for all vehicles and a plan for replacing any non-exempt vehicles with vehicles that meet, at a minimum, the fuel efficiency rating contained in the most recent guidance for Criterion 4 (or any replacement of Criterion 4 which sets out vehicle fuel efficiency ratings)published by the MA Department of Energy Resources' Green Communities Division. This document—and the attached vehicle inventory—serves as a report on the state of the Town's fleet and progress and plans for replacing its vehicles with fuel-efficient and zero emission vehicles. Note about report timing: This �eport was issued in.Ianuary 2023, as the fi�st report of its kind sitzce the policy was passed in 2021. Going for7vard, Green Policy Repo�ts will be issued each September. This alignment ivith the budget cycle ivill ensure that recommendations for vehicle replacements based on the report can be included in depaNtments'budget requests for the following fiscal year. ��Cl��C1�S Fleetat a Glance ...........................................................................................................................................2 ReplacementIntentions................................................................................................................................2 Recommended Replacements......................................................................................................................4 MassEVIPFleets Grants.................................................................................................................................6 ExemptVehicles............................................................................................................................................7 1 �� t � I� �� The attached Fleet Inventory provides details about all Town vehicles. Below is a summary of the Town vehicles as it pertains to the Green Fleet Policy. NON-EXEMPT VEHICLES BY TYPE #of vehicles % of vehicles Gasoline 46 75% Hybrid 9 15% Electric 6 10% Total 61 100% CRITERION 4 FUEL STANDARD COMPLIANCE NON-EXEMPT VEHICLES #of vehicles % of vehicles Yes 48 78% No 12 20% Unknown 1 2% Total 61 100% I��pll�� Ili��ir��s Transitioning to EVs requires ensuring sufficient charging infrastructure and ensuring that a vehicle has sufficient non-driving time during the course of its day to charge. For this reason, there are extra considerations that must be given for replacing emergency or on-call vehicles with EVs. The function of a vehicle determines the feasibility of replacement with an EV. The list below describes the current plan for replacement of all non-exempt Town vehicles by vehicle function when a vehicle is due for replacement. The list captures the current intention of the Town. Factors, such as the availability of vehicles, budget constraints, and availability of charging in�rastructure may require adjustments to these set intentions. See below for a note about the current supply chain conditions. Public Works • Administration (24/7 use) o Plug-In Hybrid or hybrid, based on availability • Compost o Electric • Engineering o Electric or plug-in hybrid, based on fleet reallocation • Highway(24/7 use) o Plug-in hybrid or hybrid, based on availability • Parks (24/7 use) o Plug-in hybrid or hybrid, based on availability • Water (24/7 use) o P1ug-in hybrids or hybrids, based on availability for supervisor 2 o Prius units will be electric when replaced Facilities • Admin o Electric • Maintenance o Electric, if infrastructure to support Fire • C-1: Chiefs vehicle (admin and secondary command post) o Hybrid • G2: Assistant Chief s vehicle (einergency support vehicle) o Hybrid • C-3: Shift Commander(emergency vehicle) o Gasoline • C-4: Assistant Chief s vehicle (fire prevention/ emergency support vehicle) o Hybrid • C-6: Spare Shift Commanders vehicle o Typically replaced with C-3 vehicle • C-7: Fire Prevention Inspector/ Safety Officer/Emergency Support Vehicle o Typically replaced with C-2 or C-4 vehicle o Potential for electric Police • Patrol o Hybrid • Chief o Hybrid • Captain o Hybrid • Detective o Hybrid or electric • Other(e.g., court, support service) o Hybrid Land Use, Health, and Development � All o Electric Other Vehicles • Town Manager o Electric 3 • Assessors o Electric • Recreation o Electric Su�lv Chain Issues Both COVID and rapidly increasing demand for electric vehicles are causing extreme delays for municipalities looking to purchase electric vehicles. Available EVs are being pushed to retail sales by manufactures to reap higher profits. Based on conversations with vendors fiom various state contracts, this will likely be the case until manufacturers are able to scale up production. The Town ordered a Ford Mustang Mach-E in August 2020 that wasn't delivered until October of 2022. Long delays and lack of vehicle availability may impact the Town's ability to purchase vehicles according to this list. ��Il�ill��ll� �C� �� 111��11�5 Priorit Vehicles for Re lacement Based on Fuel Standard This is a list of vehicles that do not meet the Green Communities Criterion 4 Fuel Standard. Inventory Department Function Make/Model Year Condition �Year of ID# Re lacement 27 Fire Shift Ford E�pedition 2015 Fair 2023* Commander 32 Fire Spare Shift Chevrolet 2009 Poor 2023* Commander Tahoe 40 LUHD LUHD Ford Fusion 2017 Excellent 2027-2032 43 Police Detective Nissan Altima 2006 Good 2023* 55 Police Detective Dod e Duran o 2019 Good 2024 56 Police Court Ford Edge 2014 Good 2026 57 Police Det/Fam/Sery Dod e Duran o 2018 Good 2026 58 Police Ca tain/Admin Dod e Duran o 2017 Good 2023* 59 Police Chief Dod e Duran o 2020 Good 2023* 61 Police Patrol Dod e Char er 2021 Good 2024 62 Police Patrol Dod e Char er 2021 Good 2024 63 Police ACO Dod e Duran o 2015 Good 2025 *Already replacement plans in place Priori Vehicles for Re lacement Based on Year Due for Re lacement Inventory Department Function Make/Model Year Condition �Year of ID# Re lacement 6 DPW Com ost Ford Esca e 2014 Good 2024-2029 7 DPW En ineerin Ford Esca e 2014 Good 2024-2029 8 DPW En ineerin Ford Esca e 2014 Good 2024-2029 10 DPW En ineerin Ford F150 2013 Good 2023-2024 11 DPW Com ost Ford F150 2014 Fair 2024-2029 12 DPW Public Grounds Ford F150 2014 Good 2024-2029 4 13 DPW En ineerin Ford F150 2014 Good 2024-2029 27 Fire Shift Ford E�pedition 2015 Fair 2023* Commander 28 Fire lns ector Ford Ex lorer 2015 Fair 2024* 29 Fire Assistant Chief Ford Ex lorer 2019 Good 2024* 32 Fire Spare Shift Chevrolet 2009 Poor 2023* Commander Tahoe 34 LUHD Ford Fusion 2012 Good 2022-2027 43 Police Detective Nissan Altuna 2006 Good 2023* 48 Police Patrol Dod e Char er 2021 Good 2024 49 Police Patrol/SUP Dod e Duran o 2021 Good 2024 50 Police Detective Dod e Duran o 2016 Good 2024 53 Police Fleet/sery Ford Picku 2013 Good 2024 54 Police Su ort Sery Ford Econoline 2012 Good 2024 55 Police Detective Dod e Duran o 2019 Good 2024 58 Police Ca tain/Admin Dod e Duran o 2017 Good 2023* 59 Police Chief Dod e Duran o 2020 Good 2023* 61 Police Patrol Dod e Char er 2021 Good 2024 62 Police Patrol Dod e Char er 2021 Good 2024 *Already replacement plans in place Priorit Vehicles for Re lacement Based on Vehicle Condition lnventory Department Function Make/Model Year Condition �Year of 1D# Re lacement 11 DPW Compost Ford F150 2014 Fair 2024-2029 18 Facilities Admin Ford Ed e 2017 Fair 2025 27 Fire Shift Ford Expedition 2015 Fair 2023* Commander 28 Fire Ins ector Ford Ex larer 2015 Fair 2024* 32 Fire Spare Shift Chevrolet 2009 Poor 2023* Commander Tahoe *Already replacement plans in place Priority Vehicles for Replacement Meets 1 criterion for Meets 2 criteria for � �� re� lacement re lacement � �� Bold—opportunity for an EV or PHEV Italics—o� � ortunit for a h brid vehicle Inventory Department Function Make/Model Year Condition �Year of ID# Re lacement 6 DPW Com ost Ford Esca e 2014 Good 2024-2029 7 DPW En ineerin Ford Esca e 2014 Good 2024-2029 8 DPW En ineerin Ford Esca e 2014 Good 2024-2029 10 DPW En ineerin Ford F150 2013 Good 2023-2024 5 11 DPW Com ost Ford F150 2014 Fair 2024-2029 12 DPW Public Ford F150 2014 Good 2024-2029 Grounds 13 DPW En ineerin Ford F150 2014 Good 2024-2029 18 Facilities Admin Ford Ed e 2017 Fair 2025 ' °� � � � / ,,� i�%� ' / � � 28 Fire Ins ector Ford Ex lorer 2015 Fair 2024* 29 Fire Assistant Chief Ford Explorer 2019 Good 2024* � � � , , /; � �, , � 34 LUHD Ford Fusion 2012 Good 2022-2027 40 LUHD LUHD Ford Fusion 2017 Excellent 2027-2032 43 Police Detective Nissan Altima 2006 Good 2023* 48 Police Patrol Dod e ChaN er 2021 Good 2024 49 Police Patrol/SUP Dod e Duran o 2021 Good 2024 SO Police Detective Dod e Duran o 2016 Good 2024 53 Police Fleet/sery Ford Picku 2013 Good 2024 54 Police Su ort Sery Ford Econoline 2012 Good 2024 55 Police Detective Dodge 2019 Good 2024 Duran o 56 Police Court Ford Ed�e 2014 Good 2026 57 Police Det/Fam/Sery Dod e Duran o 2018 Good 2026 58 Police Ca tain/Aclmin Dod e Duran o 2017 Good 2023* 59 Police Chie Dod e Duran o 2020 Good 2023* 61 Police Patrol Dod e Char er 2021 Good 2024 62 Police Patrol Dodge Charger 2021 Good 2024 63 Police ACO Dod e Duran o 201 S Good 2025 �Already replacement plans in place II��sE�IIIP I�II��,� �ir�i��t�s The Massachusetts Departinent of Environmental Protection (MassDEP) Massachusetts Electric Vehicle Incentive Program (MassEVIP) Fleets provides incentive funding to public entities to acquire, through purchase or lease, battery electric vehicles (BEVs),plug-in hybrid electric vehicles (PHEVs), or zero emission electric motorcycles (ZEMs). l��a��.._s��ll�.._��.._��:s��V�l�, I�'��s.._C p�-��tc._��a��n�e��s,. I�CC��'�� N�dIN�C�� GI�"t'"�I�.� lw�w��a��i�+�'T�^� ��'V ��` ��il I��w�� VJp t��7„�ar�� p��D�� N�p��?�t� ��t�� NL+�� 1p t�a��.�C1€� �I�t��»�� tl�/�; I�t��t��+� 6 A maximum of 25 EVs can be funded for a single applicant through MassEVIP Fleets (BEVs, PHEVs and ZEMs combined), including any EVs previously funded through MassEVIP Fleets. See below for Lexington's used and available EVIP Fleet Grants. � � USED # of BEVs 3 $ for BEVs $15,000 # of PHEV 0 $ for PHEVs $0 Total BEVs/PHEVs 3 Total $ Received $15,000 AVAILBLE Grants for BEVs/PHEVs 22 $ for BEVs/PHEVs $110,000 - $165,000 Source::�a5y.��,�/ll:�'._�::l�c��._�:�rm��l�te;�ll'r��,'��;c�S,Police EV1P application Oct,2022 �� i�l�s According to Lexington's Crreen F1eet Policy, the following vehicles are exempt from the policy: • Heavy-duty vehicles defined as having a manufacturer's gross vehicle weight rating (GVWR) of more than 8,500 pounds (e.g., fire trucks, waste collection trucks) • Police cruisers,passenger vans, and cargo vans (if the policy's criterion cannot be met by commercially available models (Note: police and fire administrative vehicles are NOT exempt) However, the Town commits to purchasing fuel-efficient options if and when they are commercially available and meet practicability requirements. As such, this section of the report outlines exempt vehicles that may be viable candidates for replacement with electric or hybrid models. This is not an exhaustive list, rather a start based on what staff has had the capacity to research or consider. Facilities • Two 2013 Ford E350 Cargo Vans are slated to be replaced with electric Transits in Oct 2023. • Two 2014 Econoline Cargo Vans could be replaced with electric models in 2024, assuming adequate infrastructure. • Three Ford Transit Cargo Vans (2015, 2017, 2020) could be replaced with electric models, assuming adequate infrastructure. These are two custodial vans and a mail van. Public Works • Staff has included a plug-in hybrid sweeper in the FY24 CIP for Equipment Replacement. The estimate for the sweeper is $650,00 (gas-powered estimate is $300,000). * • Staff has included an electric trash truck in the FY24 CIP for Equipment Replacement. The estimate for the trash truck is $550,000 (gas-powered estimate is $255,000). * *These estimates do not include the charging infrastructure needed for operation. 7 M!°�"�bq�/N �.��,� �M ;�+CI�'3 _ ��'w�:,? i��- m�,-, i,,�l x � ' !?�� ' �a�w �� APkiLdq�" , �ti�.'k�lNG"GO;�`.,.; TOWN OF LEXINGTON FLEET ELECTRIFICATION POLICY August 23, 2021(amended 9/13/21) POLICY STATEMENT To support the Town of Lexington's Sustainable Action Plan objectives, the Select Board hereby adopts this fleet electrification policy to transition its vehicle fleet to zero emission vehicles. PURPOSE The Town shall establish and inaintain a comprehensive inventory of all classes of vehicles owned, operated, or leased by the Town of Lexington and or on behalf of the Town of Lexington. The Town shall establish objectives for emission reductions from those vehicles and an integrated plan and timeline with objectives for transitioning each class of vehicles to zero emission vehicles,prioritizing zero emissions vehicles, monitoring progress against those objectives, and reporting the progress against those objectives on an annual basis. The objectives of this policy are to: • Reduce air pollution and greenhouse gas emissions from the Town's vehicles • Increase the use of electric vehicles in the Town fleet • Increase the average fuel economy of each vehicle • Optimize the fleet size and minimize vehicle size, weight, and other factors affecting fuel use when appropriate • Minimize vehicle miles traveled (VMT) • Reduce total cost of ownership over the lifetime of the vehicle • Reduce vehicle noise • Maximize the use of grant funding and incentives to convert and purchase electric and emissions-reduction technology for the Town fleet and EV infrastructure. APPLICABILITY This Fleet Electrification Policy applies to all divisions and departments of the Town of Lexington. GUIDELINES The Town wi11 establish a Vehicle Electrification Transition P1an with the following elements: 1 1. Fleet Inventory: The Town will maintain and annually update a comprehensive vehicle inventory for ALL vehicles owned, leased, operated by the Town or on behalf of the Town and a plan for transitioning those vehicles to battery-electric vehicles (BEV) or plug-in electric vehicles (PHEV)vehicles. As required by the DOER Green Communities Program, the Town will maintain an inventory of all Town (Municipal and School Department) owned vehicles. This inventory will include the following information: model, make, model year, month and year purchased, VIN, drive system, weight class, miles per gallon, annual miles driven, total fuel consumption, department, vehicle function. 2. Electric-first procurement Vehicle procurement should be prioritized as follows: 1. BEV 2. PHEV 3. Hybrid-electric vehicle or other alternative fuel vehicle 4. Standard vehicle The fleet policy is electric-first, meaning that electric vehicles (EVs) shall be prioritized when the Town purchases or leases motor vehicles for its municipal operations. Beginning in FY22, all light-duty passenger vehicles purchased or leased are required to be BEVs. Departments may request an exemption from the BEV replacement. All exemptions shall require approval by the Town Manager after a recommendation is made by the Sustainability Director. 3. Classification and Transition Objectives: For each vehicle class defined by the Commonwealth's MOR-EV program, the Town shall establish targets for the transition of vehicles in that class to a zero emissions option every three- years. The classifications may include: passenger vehicles, passenger vans, cargo vans, police cruisers, ambulances, fire trucks, public works vehicles, school buses and other categories of vehicles that are appropriate to effectively capture all the vehicles in the inventory. Staff shall assess the suitability of electric vehicle options for each vehicle class, with respect to availability, range and load requirements and, any emergency response requirements, to determine practicability. When developing the transition plan, Staff shall evaluate emissions reductions, Total Life Cycle Cost as defined in the Sustainable Action Plan, including acquisition, operations, maintenance, emission fees, electric vehicle charging infrastructure, available grants, etc. The Town will develop a standardized calculation for determining life cycle costs for different classes of vehicles. The transition plan will prioritize replacing vehicles at the end of their expected useful life. 2 Where the Town contracts vehicle services, the Town will provide a preference for contracts and seek out companies for competitive bidding that offer the use of electric and/or fuel-efficient vehicles. 4. Purchase, lease or contracting of standard vehicles If the transition plan identifies that an EV is not commercially available or not suitable for a particular class of vehicles when replacement of a vehicle in that classification is requued, a standard vehicle may be purchased. If purchasing a standard vehicle, the purchase should prioritize the most fuel-efficient model available and consider fuel-reduction and emissions-reduction technology, such as diesel particle filters, selective catalytic reduction systems, exhaust gas recirculation, NOx adsorbers, oxidation catalysts, anti-idling devices, etc. Where opportunities exist, particularly if grants and new technologies are or become available, the Town should pilot electric options for heavy-duty vehicles. 5. Evaluation of fleet and vehicle size The Town will procure vehicles and equipment of minimum size according to assessed needs. Specifically, the Town will ensure that purchase plans require vehicle class and model of the smallest size and weight appropriate for each vehicle's tasks. All positions requiring vehicle use shall be evaluated as to the required vehicle class size necessary to conduct the job. The Town will evaluate ways to reduce its fleet size. Departments will also investigate whether vehicles can be shared between departments. When retiring a vehicle from the fleet, the Town will evaluate whether replacement is necessaiy. 6. Electric vehicle charging Where possible, efforts will be made to install charging equipment at locations convenient for vehicle users to minimize operational inefficiencies. However, flexibility may be required of vehicle operators and Town staff to adjust procedures to accommodate charging locations. 7. Funding The initial purchase price of policy-compliant vehicles and equipment may be more expensive than standard vehicles in the initial years, while operating costs over the life of the vehicle will be lower. Departments should estimate upfront invest�nent required for vehicle purchases and budget accordingly in capital budget requests. The Town shall evaluate existing capital requests for vehicles and evaluate opportunities to fund additional upfront costs. The Town shall take advantage of gtant funding to offset the upfront costs of electtic vehicles and charging apparatus. 8. Monitoring and Reporting: Progress against the transition objectives for each vehicle class will be monitored and reported to the Select Board on an annual basis. As part of this report, staff will identify the best date 3 commercially available technology options for each vehicle class and provide recommendations for adjustments to the objectives for each vehicle class. 9. Vehicle operation and maintenance Where applicable, the Town will use available resources to build awareness and educate its employees regarcling responsible vehicle operation as detailed below. • Anti-Idling o Vehicle idling produces both excessive waste of fuel and air pollution. As a part of this policy the Town hereby recognizes the importance of enforcing the existing Anti-Idling Law, as allowed by M.G.L. Chapter 90 Section 16A. Additionally, Town staff should reduce idling as much as possible in vehicle operations. The Town will also incorporate anti-idling education into other public health and sustainability forums. • Reinforce operator awareness o The Town and its employees will encourage energy-saving driving habits (i.e. awareness of sudden acceleration or sudden stopping), and paying attention to the need for regular preventative maintenance of vehicles. • Reduce Vehicle Miles Travelled (VMTs) o The Town will reinforce employee awareness of vehicle miles travelled during work hours as well as for commuting, and will encourage alternate travel practices such as carpools, vanpools, bicycling Ilu�i��q��ll;�� ifu°,��u�,uil.andwalking. • Vehicle maintenance o A well-maintained vehicle will optimize fuel use and reduce air pollution. Preventative maintenance that ensures optimal vehicle operation shall be performed regularly for each vehicle. o Vehicles will be inspected regularly and priar to extended use to ensure correct tire pressure, oil and coolant levels, and to identify possible signs of other fluid leaks. o The Town will dispose of hazardous materials such as waste oil, lubricants, antifreeze, and batteries safely through enviromnentally-responsible practices and in accordance with all applicable state and federal regulations. Ouestions/Enforcement The Sustainability Director shall be responsible for administering this Policy. This Policy shall be enforced by the Town Manager and ar their designee. 4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion on Height of Solar Canopy for Police Station Project PRESENTER: ITEM NUMBER: Mike Cronin, Duector of Public F acilities L 6 SUMMARY: Category:Decision-Making As the Board is aware, we currently ha�e a worlcing group consisting of Public Facilities staff, Police, Fire and DPW staff, the PBC, Sustainable Lexington and the Historic Districts Commission as well as abutting residents. To keep this project moving forward staff are working on having fmalized plans before the HDC for their June meeting. Two issues that need to be considered by the Select Board are: • Height-As the Board is aware, the original plan included a canopy with a bottom elevation of the canopy at 17'4" with an upper elevation of 19'6". We are currently working toward a 14'6" bottom elevation of the canopy and at this time with an upper elevation of 16'10". • The Massachusetts Avenue "leg" that was previously discussed came back up during the discussions with the working group and the Board had previously not wanted to have staff continue to pursue this option. As the working group (which includes a member from HDC)has suggested this, the Board should discuss whether this is an option the Board wants staff to pursue. . The Board may also want to discuss/provide direction on whether your preference is for a full canopy (that spans the parking lot) or a partial canopy with an open drive lane. SUGGESTED MOTION: Move to approve (insert what is appropriate given the Board's deliberation) a minimum lower elevation of the solar canopy of 14'6" upper elevation of 16'10" and to support staff and the working group to pursue the ca�lopy that runs perpendicular to Massachusetts Avenue to present to the HDC, subject to final approval of the S elect B o ard. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 7:30pm AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Review and Approve Le�ngton Council for the Arts' Request for Art Installation on Le�ngton Minuteman Bikeway PRESENTER: ITEM NUMBER: Steve Poltorzycki, Chair of Lexington Council for the Arts L7 SUMMARY: Category:Decision-Making Attached please fmd the proposal from the Lexington Council for the Arts for a temporary art installation along the Minuteman Bikeway to run from June through the Fall. SUGGESTED MOTION: Move to approve the art installation proposal from the Lexnigton Council for the Arts for a temporary art installation as proposed to be in place through Fall 2023. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 7:SOpin ATTACHMENTS: Description Type d ��rr�arpa�rw�all�..��a.paci�au�c�`'r�..��.riS �hrv��n�C+��r�c� ❑ �..,Q.��h�,��,r.r.Q,n If'au�:i,z�naa°m�n��atd�V`fhrrtVunt>t�i:(ll�i:r.i4sc� ��ra.a�lk�i�sCv�aauc,nuzil �I�uu, '� "N Lexin ton Council for the Arts g "Lexington: A Sense of Place" Public Art Project Request for Authorization Submitted By: Steve Poltorzycki, Chair, Lexington Council for the Arts May 5, 2023 Proposed project: • "Lexington: A Sense of Place"will be a temporary public art project in which local artists and architects will be commissioned(and paid a stipend) to create small sculptures inspired by Lexington architecture that will be installed near the Minuteman Bikeway between the Visitors Center and Hancock Street. These will not be scale models of existing structures. Rather, they will be imaginative, creative pieces that talce existing structures as their source of inspiration. It is envisioned that there will be four to eight sculptures, spaced along the Bikeway approximately 15 to 25 yards apart. • An example of what a sculpture might look like: il�'�II� ' � i��,��l�'' t �,� �� , �°� E, b�,. t�, u6 � � u� , � �, G,�� i,�, r � � '��=� N �� ' , �� k, � � ',�' �� t . � �� I�;�' ��a ��" � , , i ; �;�� J„ /J �� ° /+�r i % i/r `, �i� ��, w • The sculptures will be installed in or near trees along the Bikeway. If installed in trees, the installation will be done in a manner that will not harm the trees. We would loolc to the Town Tree Warden and his staff for advice and assistance regarding installation of those sculptures. • The Arts Council is undertaking a parallel project whereby "fairy homes" will be constructed by members of the community. If appropriate, we would like for a few of the fairy homes to also be installed in trees in the same area(or in the section of Bikeway between Cary Hall and Fletcher Ave.) • The sculptures will be installed sometime in June/July 2023 and will remain in place throughout the summer and fall of 2023. Purpose: This project will bring a sparlc of art and culture into the lives of our residents,promote tourism and economic development, add to the enjoyment of users of the Bikeway, and support the work of local artists and architects. Members of our community who are eager to experience visual art firsthand will appreciate the opportunity to partake of art in an outdoor environment. Safety and community considerations: • The Bikeway Advisory Committee (per Betty Gau, Chair) is supportive of the project and an expression of support will be forwarded to the Select Board under separate cover. Their expression of support notes that it is subject to the sculptures being installed at least 10 feet from the Bikeway. • The Lexington Police Department: (per Mike McLean, Chief of Police) expressed no concerns about the project("a great idea") and offered to have officers keep an eye out for the works of art once installed. • Department of Public Works: DPW (per Dave Pinsonneault)reviewed the project and expressed no concerns. A DPW staff inember will oversee installation. Funding and implementation: The Lexington Council for the Arts has received a grant from the Mass Cultural Council for this project and will also dedicate a portion of its budget to fund any part of the project not covered by the MCC grant. The Lexington Council for the Arts will implement the proj ect. Select Board Action Requested • LCA requests that the Select Board approve moving ahead with the project. • LCA requests that the Select Board ask the Town Manager to arrange for DPW to provide installation assistance with the project. Installation assistance is expected to involve assisting with installation in trees for sculptures designed for tree installation, and assisting with securing to the ground free-standing sculptures (the majority of the sculptures will be free-standing. �,aQaS MOqprN��+, ,v° , \� Town of Lexington, Massachusetts �4 x \�� F' ;s,u . ...� y•y �M 'i `� f""�,� Bicycle Advisory Committee �` � �� '��'�� / r;w��;Ap61�19'" C.� �XING"ra"� BETTY GAU,CHAIR DAVID ARMSTRONG MATTHIAS BEEBE 1AMES CADENHEAD SUZAN CHEN GEORGE GAGLIARDI SARAH HEWS 1AMES MICHAEL O�CONNOR RAM REDDY Date: April 14, 2023 To: Lexington Select Board CC: James Malloy, Town Manager Re: Endorsement of Proposal for"Lexington: A Sense of Place" Art Project At our April 13, 2023 meeting the Bicycle Advisory Committee voted unanimously to endorse the proposal for the "Lexington: A Sense of Place" art project on the bikeway. We approved the proposal for small sculptures installed in trees located 10 feet from the bikeway. The 10 feet boundary provides space for viewers to safety move off the bikeway to observe and explore the artwork without cause a traffic flow hazard. The Committee supports this art project and looks forward to enjoying the sculptures. 1625 MASSACHUSETTS AVENUE LEXINGTON, MASSACHUSETTS 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Discuss Select Board Committee Liaison Assignments ITEM PRESENTER: NUMBER: Board Discussion I.8 SUMMARY: Category:Decision-Making . Begin discussion of FY24 assignYnents • Confirm SB nominations to the Cary Library Trustees Executive Board SUGGESTED MOTION: To confirm and as the Select Board candidates for consideration by the Cary Library Trustees Nominating Committee. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 5/8/2023 B:OOpm ATTACHMENTS: Description Type C� 1Lauau�,aa��IC�,sc�u�,^,iamn I�"NJ� �_%a�tc°�u�CWV�un�� us��.uss 5�� ' ��u�r�u�� i�us�� .s.�u��u��s Objective: • Begin discussion of FY24 assignments � Confirm SB nominations to the Cary Library Trustees Executive Board Cor�r�itt�e A.s.su�nrm��nt� For FY23 we introduced a method of committee liaison assignment that used a "portfolio" approach where a collection of committees aligned with a general Select Board goal area were assigned to a given member of the Board. As we prepare for FY24, Board Members are aslced to reflect on the following questions: 1) Has the portFolio been effective in focusing your attention in ways that complemented the activities of each committee? 2) Would you lil<e to continue with the current set of assignments for a second year or would you like to rotate? 3) Are there logistics issues with coverage of any of the committees in your portfolio? As a reminder, liaison assignments made at the June 13 meeting were effective July 1, 2022 • Mr. Pato to Group A- Community Compass; • Mr. Sandeen to Group B - Livable Lexington; • Mr. Lucente to Group C- Local Economy; • Ms. Barry to Group D - Quality Services; and Fiscal Stewardship is an overarching goal for all committees. We will be discussing refreshing our goals this summer. With that in mind do you have tangible short- term (2-year) goals you would like the Board to address based on your committee portfolio? Please consider this homework to develop and bring to our meeting preparing for goal-setting. Cary I....i�r�ry ..�irust�es F:��utiv� C�c��rd Mr. Sandeen is serving on the Cary Library Trustees Nominating Committee and will make his recommendation to the Board as to the 2 members who will be recommended to represent the Select Board on the Executive Board. Select Board Meeting Item: 3/8/2023