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2023-06-21 SB Packet - Released
SELECT BOARD MEETING Wednesday, June 21, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. Approve and Sign Water and Sewer Adjustments 2. Approve Town Manager Committee Appointment • Council on Aging - Laureen Fiola 3. Approve Select Board Committee Reappointments • Community Preservation Committee: • Jeanne Krieger o Mark S andeen . Executive Clerk - Kim Katzenback Hanscom Field Advisory Commission - Lexington Representative - Barbara Katzenberg • Hanscom Field Advisory Commission - Alternate Representative - Sen. Mike Barrett • Keeper of the Lockup - Police Chief Mike McLean • Minuteman Advisory Group on Interlocal Coordination (MAGIC) - Jill Hai • Minuteman School Committee - Lexington Representative - Judith Crocker • Town Celebrations Committee: • Sondra Lucente • Lorain Marquis • Geetha Padaki e Town Celebrations Subcommittee: • Sudha Balasuryan o Kevin Collins o Yifang Gong o David Grabel o Bonnie Karshbaum • E. Ashley Rooney • Pam Winters • Hong Xie 4. Approve Select Board Committee Appointments • Housing Partnership Board - LexHAB Member - Sarah Morrison • Vision for Lexington Committee - Carol Marine 5. Approve and Authorize Town Manager to Sign Inter -Municipal Agreement 6. Application: License for Public Entertainment on Sunday - Fiesta Shows, Hastings Park, 0 Massachusetts Avenue . 67th Annual Fourth of July Carnival 7. Application: Entertainment License - Association of Black Citizens of Lexington d/b/a ABCL, 1875 Massachusetts Avenue . 3rd Annual Quock Walker Day Community Celebration 8. Approve Amendments to Registrars of Voters Charge 9. Authorize Town Manager to Execute License Agreement - 3 Bedford Street 10. Approve and Sign Proclamation - Massachusetts Emancipation Day aka Quock Walker Day ITEMS FOR INDIVIDUAL CONSIDERATION 1. Capital Waste Introduction and Contract Approval 6:40pm 2. Discuss Stormwater Enterprise Fund 6:55pm 3. Approve Recommended Updates to the Integrated Building Design and 7:10pm Construction Policy 4. Update on Solar Canopy for Police Station Project 7:30pm 5. Request to Continue Free Senior Parking in Lexington Center 7:40pm 6. Discuss Tentative Schedule of Events for the Celebration of the 250th Anniversary 7:50pm of the Battle of Lexington 7. Award Sale of Bond Anticipation Notes 8:20pm 8. Approve Fiscal Year 2024 Cost -Of -Living Adjustment (COLA) for Non- 8:25pm Represented Employees ADJOURN 1. Anticipated Adjournment 8:30pm Meeting Packet: https://lexington.novusagenda.com/agendapubhe/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF 1 aG 5ETmNsRDVoZz09 iPhone one -tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1309 205 3325 US +1312 626 6799 US (Chicago) +1646 9313860 US +1 929 205 6099 US (New York) +1301 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://www.mass.gov/the-open-meeting-law The next regularly scheduled meeting of the Select Board will be held on Monday, July 10, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request Lege -la All agenda time and the order of items are appivximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: SUMMARY: ITEM NUMBER: Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment on any additional points or concerns. There are currently no written updates or announcements for the June 21, 2023 meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: Carolyn Kosnoff, Assistant Town Manager for Finance SUMMARY: Attached please find the Town Manager's Weekly Update for the following week: • June 9, 2023 • June 16, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Wcekll3` Update 6 1) 23 Type (bva'rr C"Ila:mo Weekly Update 6 -➢6 23 lEls ckulfn 1VGs tenaal ITEM NUMBER: T M.1 � b�.0.d'1 tli fiXV Select Board FROM: iw "A DATE: June 9, 2023 RE: Weekly Update 9�210 X h;d J4P'IV'N4M� T1 TP 2 5 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: June 9, 2023 RE: Weekly Update The following is an update of activities for the week ending June 9, 2023: Town Manager Updates: • Lexington hosted Massachusetts's Diversity, Equity and Inclusion Coalition for their annual retreat at Cary Hall on Friday, June 2"d. MA DEI coalition was created to support, engage and bring together diversity, equity, and inclusion practitioners from all across Massachusetts. At their annual retreat about 20 practitioners gathered to discuss formalizing this group to help create a standard of DEI work as well as tools for current and future DEI practitioners in Massachusetts. • Attached please see the letter from the MSBA approving Dore & Whittier as the Owners Project Manager (OPM) for the High School Project. Now that we have an approved OPM, the School Building Committee will begin the process of designer selection for the architect. • The Select Board Meeting Room (SBMR) technology update is planned to be installed between 6/23/23 and 7/11/23. During this time, no meetings will be able to be held in the SBMR. The only Select Board meeting that is scheduled during this time period is on 7/10/23. I am recommending to the Select Board that this meeting be scheduled in the Estabrook meeting room in Cary Memorial Building. • Attached please find the agenda tracker for upcoming Select Board meetings. Human Services: Transportation Services • At the end of an amazing month full of biking events, The League of American Cyclists announced the Bike Friendly Community awards for Spring 2023. Lexington was once again awarded Bronze status! This wouldn't have been possible without the hard work of staff in Transportation, DPW, Planning, Economic Development, Town Manager's Office, LPS, Public Safety, Conservation, IT, Recreation, along with many community partners. A special thank you goes to Mel Novner, 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 Transportation Assistant, who spearheaded this application. Only 17% of applicants were awarded a higher level this round, and some applicants did not receive any recognition. In the near future the Town should receive more detailed feedback and a report card with more information about our award and key steps to get to Silver. Great job by all involved! Recreation & Community Programs: Facilities Aquatics — The Aquatics Facilities open the week of June 4th. The Swimming Pools will open on Monday, June 5th and the Reservoir will open on Saturday, June 10"'. Facility Hours are .(.1P]jn.g here.. ...................... Parks, Fields & Playgrounds: o The Center Recreation Complex had an installation of a communication board installed at the playground on Saturday, June 3rd and Sunday, June 4th. This installation was completed by an Eagle Scout candidate. A ribbon -cutting is tentatively being scheduled for Friday, June 16 at 4 PM. o The Center Recreation Hard Court Reconstruction Project will mobilize on/about June 19th The project is anticipated to continue through November 2023. The 10 tennis/4 pickleball courts and the basketball courts being off line will impact the programs typically offered. The tennis/pickleball opportunities will be operating at a 40% capacity with the courts offline and will be offered at the Adams, Clarke and Valley hard court surfaces. o The Adams Park Athletic Field will be offline this summer for maintenance. The work is expected to begin on/about June 20th and continue through late August. Programs & Services • Summer Camps and Clinics will begin during the week of June 16th and July 3rd. The Department has onboarded over 150 staff and volunteers to assist in the delivery of these summer opportunities. Land Use Health and Development: Economic Development • Lexington's Economic Development Office participated in the BIO International Convention this week. The conference was attended by 15,000 plus attendees and many state officials and regional partners. The ED office was part of the State team and Sandhya Iyer, Economic Development Director moderated the Commercial Real Estate panel at the Massachusetts Pavilion. Public Works: • The brick sidewalk extension project on Merriam Street, Edison Street and around Depot Square is nearing completion with the brickwork completed. Deborah B. Goldberg James A. MacDonald John K. McCarthy Chairman, State Treasurer Chief Executive Officer Executive Director/Deputy CEO June 6, 2023 Mr. James J. Malloy, Town Manager Town of Lexington Town Office Building 1625 Massachusetts Avenue Lexington, MA 02420 Re: Town of Lexington, Lexington High School, Owner's Project Manager Approval Letter Dear Mr. Malloy: Pursuant to the provisions of M.G.L. c. 149, s. 44A '/z and 963 CMR 2.11, the Town of Lexington (the "Town") is required to procure the services of an Owner's Project Manager (the "OPM") for the Lexington High School project using a qualifications -based selection process. As required by 963 CMR 2.11 (3), the Town has certified in writing to the Massachusetts School Building Authority (the "MSBA") that it has used a qualifications -based selection process that complies with Massachusetts law. Pursuant to 963 CMR 2.11 (2) and M.G.L. c. 70B, s. 2, the Town has requested in writing that the MSBA approve its selection of Dore & Whittier Management Partners, LLC as the OPM for the Lexington High School project. The MSBA has reviewed the information submitted by the Town in support of its selection of Dore & Whittier Management Partners, LLC. Based upon the information provided by the Town, the MSBA hereby approves its selection of Dore & Whittier Management Partners, LLC for the Lexington High School project and to the key personnel and consultants identified by Dore & Whittier Management Partners, LLC in the proposal that was submitted to the Town, reviewed by the MSBA and presented to the MSBA's Owner's Project Manager Review Panel on June 5, 2023. The MSBA's approval is specific to Dore & Whittier Management Partners, LLC and to the key personnel identified by Dore & Whittier Management Partners, LLC in the proposal that was submitted and reviewed by the MSBA. Pursuant to the provisions of 963 CMR 2.11 (4) and the applicable requirements of any agreements between the MSBA and the Town, any change in the OPM or its key personnel, as described in the attached organizational chart, must be approved in writing by the Town and the MSBA. The MSBA's approval is also based upon the Town's representation that the Eligible Applicant for the Town has designated Michael Cronin, Director of Public Facilities, as the individual who shall have the authority to act on behalf of the Owner, under its contract with the OPM, and who shall be responsible for day-to-day communication between the Owner and the OPM. Any change in this designation must be approved in writing by the MSBA. 40 Broad Street, Suite 500 • Boston, MA 02109 • Phone: 617-720-4466 e www.MassSchoolBuildings.org Page 2 June 6, 2023 Lexington Owner's Project Manager Approval Letter Please note the MSBA's approval of the Town's selection is subject to the provisions of 963 CMR 2.11 which, among other things, allows the MSBA to rescind its approval and/or to direct the removal of the OPM under certain circumstances. The MSBA retains the right to rescind its approval of the Town's selection of Dore & Whittier Management Partners, LLC and to deny and/or recoup reimbursement for expenditures or costs related to the OPM services if Dore & Whittier Management Partners, LLC does not perform its services to the satisfaction of the MSBA. The MSBA's approval is further subject to the execution of a contract between the Town and Dore & Whittier Management Partners, LLC in a format that is satisfactory to the MSBA, utilizing any standard contracts, forms, and provisions that the MSBA may require, including the completed MSBA System Access Request form which is described below. Please forward a hard copy and an electronic copy of the fully executed contract between the Town and Dore & Whittier Management Partners, LLC to Sarah Przybylowicz, Senior Project Coordinator, at the MSBA by June 23, 2023. It will be the Town's responsibility to monitor the performance of Dore & Whittier Management Partners, LLC to ensure that they perform their obligations in a satisfactory manner, and to enforce the provisions of its contract with Dore & Whittier Management Partners, LLC. Among obligations of the OPM that are detailed within the MSBA's standard contract is the requirement for the OPM to submit monthly reports to the MSBA. The OPM shall submit to the Town no later than the twelfth day of each calendar month. The OPM shall begin submitting monthly progress reports on the first reporting date following the month in which the OPM receives an approval letter from the Town. The Town shall verify that the OPM submits its monthly reports on time and in the form and manner determined by the MSBA. OPM Reports shall be submitted to the MSBA by the OPM using the MSBA's online OPM Report System. In order to activate and use this system, the Town must complete and submit the attached MSBA System Access Request form. The completed form must be delivered to Sarah Przybylowicz, Senior Project Coordinator, at the MSBA by June 23, 2023. The Town must comply with all provisions of law and all conditions imposed by any agreements executed between the MSBA and the Town, including, but not limited to, a Feasibility Study Agreement, a Project Scope and Budget Agreement, and a Project Funding Agreement, related to the provision of services by an OPM. The MSBA maintains its right to withhold reimbursement of costs and expenditures associated with OPM services if the Town fails to comply with the applicable terms and conditions of its agreements with the MSBA or any administrative directives issued by the MSBA, now in effect or hereafter promulgated. The MSBA's decision to approve the Town's selection of an OPM, to approve changes in the OPM, or its key personnel, or decline to exercise any of its rights in relation to the selection or performance of the OPM, shall not be construed as a waiver of the MSBA's right to review, audit, and disallow costs incurred by the Town in relation to OPM services, to withhold reimbursement, or to take any other actions available to the MSBA under the law or under its agreements with the Town. The MSBA shall bear no liability of any kind whatsoever for any claims directly or indirectly occurring out of the MSBA's approval of the Town's selection of the OPM, the MSBA's approval or non -approval of changes in the OPM or its key personnel, the MSBA's decision to rescind its approval or to direct the removal of an OPM, or any other alleged acts or omissions 40 Broad Street, Suite 500 * Boston, MA 02109 • Phone: 617-7204466 e www.MassSchoolBuildings.org Page 3 June 6, 2023 Lexington Owner's Project Manager Approval Letter on the part of the MSBA related to the selection, performance, acts or omissions of the Owner's Project Manager. If you have any questions, please do not hesitate to contact me or Sarah Przybylowicz (Sarah.Przybylowicz@MassSchoolBuildings.org) at 617-720-4466. Sincerely, c Mary Pichetti Director of Capital Planning Attachments: Dore & Whittier Management Partners, LLC Project Team Organizational Chart OPM System Access Request Form — OPM Report System User Cc: Legislative Delegation Joseph N. Pato, Member, Lexington Select Board Michael Cronin, Director of Public Facilities, Town of Lexington Sara Cuthbertson, Chair, Lexington School Committee Dr. Julie Hackett, Superintendent, Lexington Public Schools Sara Calvino, Office Manager to the Superintendent and School Committee, Lexington Public Schools Maureen Kavanaugh, Director of Data & Strategy, Lexington Public Schools Mike Burton, Owner's Project Manager, Dore & Whittier Management Partners, LLC File: 10.2 Letters (Region 4) 40 Broad Street, Suite 500 * Boston, MA 02109 • Phone: 617-7204466 e www.MassSchoolBuildings.org co.we eam -n-- muse Reso��i-anTS e ITEM NAME PROPOSED I ID ES Item # Description AT Approve One -Day Liquor Spectacle Management x1 event at Cary: License ® Spectacle 12 -Jun -23 0 0 Garrison Keillor Tonight 6/22 (orginal April Management date was postponed) TAPPED Beer Truck x3 events at TIAX ApproveOne-Day Liquor 12 -Jun -23 0 0 HQ/35 Hartwell Avenue 6/22; 7/20; 8/30 Licenses ® TAPPED Beer Truck The LMM are requesting to use the Battle Green on 9/9 for an educational day for Battle rUse Request ® 12 -Jun -23 0 0 18th century reenactors. They are Lexington Minute a teaming up with LARA for the event, (Police; Fire; DPW - all K) The Board has previously approved the easement at 18 Phillip Road, As per MGL Accept and Sign Easement - Ch, 30B, Section 16(a) the Board needs 1 III Road 12 -Jun -23 0 0 to declare the easement available for disposition and approve the easement, The HDC prefers to respond to one design and not be a part of the design process, The Select Board had previously indicated the Board wished to have a vote' Select Board Work Session ® on the final design. In this case, this will Solar Canopy at the Police 12 -Jun -23 45 1 need to be before the HDC vote so that Station one final design can be presented to them (the original and the design through the process with abutters), Select BoardWork Session ® Followup to 6/5 meeting: Discussion on Approve Lexpress Fare 12 -Jun -23 15 2 Lexpress Fare Change as per the TAC Restructuring Proposal Recommendation This discussion is for the Board to determine whether the past practice of Select Board Work Session ® using Julia Novak, Jon Wortmann or Planning Discussion on Goal12-Jun-23 30 3 other to set two-year goals continues to Setting Meeting be the Board's preference or if there is a different direction the Board wishes to take for goal setting. Item to get sense of the Select Board Select Board Work Session ® regarding proceeding to plan for a hybrid Discuss Potential Use of meeting. Discuss in agenda setting what HybridParticipation Format for 12 -Jun -23 15 4 meeting date to schedule this for, what Future o n Meetings information needs to be put into the packet EXECUTIVE SESSION B: This is a followup discussion on a request from several unions and the Select Board's request for staff to negotiate with a broad Exemption o Discussion on 12 -Jun -23 15 group of town unions and non- 5 g p Paidarena Leave union staff for a town -wide policy related to parental leave. The goal was to bring it back before the Select Board by June 30 2023. TCC; TCC Subcommittee; Executive Select Board Committee Clerk; Keeper of the Lockup; CPC; FAC; Reappointments 21 -Jun -23 0 0 MAGIC; Minuteman School Committee Housing Partnership Board (LexAB Select Board Committee 21 -Jun -23 0 member; community members x2 Vision 0 Y )9 Appointments for Lexington Committee (appointments held in May at request of committees) This is the renew the same 3 -year Approve Amendment to agreement with the Regional Housing Regional Housingervices 21®Jun-23 0 0 Services Organization (Liz Rust) for the Office Agreement next 3 years, A CL's 3rd Annual Cluock Walker Day Community Celebration 7/8 on the Approve Special vent 21 -Jun -23 0 Visitors Center Lawn live performances; 0 (� Entertainment License ® recorded music) -- needs TMO approval for use of VCL Water and Sewer Abatement 21 -Jun -23 0 0 Email request from Robin on 6/5 Amend a istrars of VotersUpdate charge to reflect MGL name of Charge 21 -Jun -23 0 ® "Board of Registrars" The Town Manager is appointing Laureen Confirm Town Manager's Fiola to the Council on Aging, subject to Appointment to Council on 21 -Jun -23 0 ® the Select Board's confirmation. Aging This license agreement is the precursor to the permanent easement at 3 Bedford Street for the roundabout. As previously indicated, the Masons are going through Masons license agreement - 3 a reorganization and all parties are in Bedford ree 21 -Jun -23 0 0 agreement, but until the reorganization is completed, they cannot sign the easement, but can sign the license to allow the project to move forward at this time. Liquor License Amendment Request for Pledge of License, 21 -Jun -23 5 1 not a hearing, does not require Change of Manager and advertisement (administerial amendment) Change of Officer ® Aloft Request for Pledge of License, 21 -Jun -23 5 not a hearing, does not require Change of Manager and advertisement (administerial amendment) Change of Officer ® Element 2 Capital Waste is the new sanitation contractor starting July 1. The contract has been negotiated at the cost Capital ase Introduction and previously discussed and funded at the Contract Approval 21®Jun®23 15 3 ATM. This is an opportunity for their company representative to introduce himself to the Board and to approve the contract. Staff have discussed the initial cost estimates from several years ago that led to the review of whether the Town should create a Stormwater Management Enterprise Fund. However, the cost concern that was initially considered as the impetus for moving in this direction, has not materialized as of yet and we Discussion on Stormwater 21 -Jun -23 15 4 have been able to manage the costs of Enterprise Fund stormwater management within the existing budget. Staff believes other work that has been done to date by DPW and Conservation will continue to temper the need to create a separate fund and fees. At this time, we are recommending this effort be postponed and placed on hold until it is appropriate to review it in the future. Recently the Town was asked to Discuss Resident Cemetery 21 -Jun -23 10 5 reconsider a non-resident fee for a former Fees long-time resident. Jill Hai suggested the Board should establish a general policy. Followup to 6/5 meeting: The Working Approve Recommended Group the Select Board and School Updates to the Integrated 21 -Jun -23 20 6 Committee appointed have been working Building Design a on this and it wil be ready to discuss Construction Policy recommended updates to the policy. Update on Solar Canopy for Police Station Project 21 -Jun -23 10 7 ongoing update to the Board The Town has received a request from Request to continue free the Council on Aging to continue the free senior parkin in the center 21 -Jun -23 10 8 senior parking program in the Center. The owners of 75 Fottler have parked along Cliffe Avenue for a very long time and the ZBA approved an addition subject Request for Select Board to them receiving formal approval to approval for exemption to 21-Jun-23 10 9 continue parking overnight (there is no overnight parking ban driveway) on the street. The Select Board would need to approve an exemption from the overnight parking ban. This is a hold for a discussion of the 250th nniversary Tentative broad schedule of events for 2025 (e.g., Schedule o Events 21-Jun-23 30 10 all re-enactments on Saturday versus traditional days) Possibly move to 7/10 Award Sale of Bond21-Jun-23 This is a hold for a bond award for a bond 5 11 Anticipation o es issuance Every year the Select Board approves a Approve COLA for Non -Union COLA for non-union staff which has been Town to for FY24 21-Jun-23 5 12 based on the settled union contracts. Placeholder: Fiscal Year 2023 Year-End Transfers 21-Jun-23 15 13 Followup to /5 meeting: This is to amend the Solid Waste Regulations to allow the Residential of este Select Board to set a fee for curbside Regulation Amendment 10®Jul®23 0 0 pickup of bulky items and white goods Approval and to adopt fees starting on July 1, 2023. Select Board Liaison List of committee liaison assignment Assignments 10®Jul®23 0 0 changes Needs to be advertised - Hearing - Inn at Hastings submitted an alteration of laceholder ® Liquor License premise applicaiton for their liquor license Amendment - Afteration of to formalize the outdoor area to include Premise/ update liquor license 10®Jul®23 15 4 the new patio area they built. Their liquor license is currently covered at the present conditions regarding new by the state extension for outdoor dining outdoor dining Inn a actings areas to serve alcholol in this area along with their local application for outdoor dining under the Town Manager. 1/5/22 Request submitted. Still waiting to Rlaceholer Grant of Location ® hear from Eversource if Verizon is versource ® ea Road 10®Jul®23 10 9 submitting a petition to move a pole. Eversouce's petition plans show their conduit going to a moved Verizon pole 1/18/22 Request submitted - Engineering requested more detail, waiting for new laceolder Grant of Location ® plan submission, Applicant scheduled to Verizon ® Stedman Road10®Jul®23 10 go front of Conservation Commission on 6/12 witha notice of intent as to proposed or takes place within protected resource areas, Followup to 6/5 meeting: Elizabeth Mancini, Procurement Director has Designer Selection Policy requested to have the Board approve a Request for Approval 10®Jul-23 10 policy that is required under Ch. 30B. The policy recommended is based on the model policy from the IG's Office and reflects the Town's current/past practices. Discussion on the expansion plans at Hanscom ie isc ssion 10 -Jul -23 60 Hanscom Airfield. Hemali will give the board an overview about what she has been working on in Update from hief Equity the first 6 months, an update on our Officer ® e ali a 10 -Jul -23 15 demographic survey as well as update on the equity audit (bid will be awareded by then) This will be the quarterly ARPA request Quarterly avis an 10 -Jul -23 20 review for the Select Board's Approval consideration. The Town has been discussing holding a planning charette for Lexington Center Discussion on the Planning and we want to have a discussion among harette forte enter 10 -Jul -23 10 the Board on how to move forward and whether there is support to use ARPA funds for this effort. Discuss elect Board Report for FY2023 Annualow 10 -Jul -23 Report Update on Solar Canopy for Ongoing update to Board Police Station Project 10 -Jul -23 � b�.0.d'1 tli fiXV Select Board FROM: iw "A DATE: June 16, 2023 RE: Weekly Update 9�210 X h;d J4P'IV'N4M� T1 7P 2 5 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: June 16, 2023 RE: Weekly Update The following is an update of activities for the week ending June 16, 2023: Town Manager Updates: Building Energy Use Disclosure: The deadline for BEU-D data submissions was May 31. Since the deadline, the Sustainability & Resilience Officer has been working on reviewing the data and reaching out to property owners who are not in compliance or have submitted incomplete data. As of 6/15, 66 buildings have successfully completed the reporting process, 25 need to make corrections or finish the reporting process, and 22 have not submitted data. Staff will continue to work with property owners to drive a higher compliance rate, and will then issue a report on the data received. Climate Action & Resilience Plan: The development of Resilient Lexington, the Town's Climate Action & Resilience Plan, is well underway. The project consultants and the Sustainability & Resilience Officer have hosted 3 working group meetings with key staff and other community stakeholders, to set goals, define recommended actions, and discuss implementation plans. There has also been a public survey, focus groups, and various presentations to engage the broader community. The most recent working group meeting on June 7th was focused on creating "implementation blueprints" for 12 priority actions. In the coining weeks, the working group will have an opportunity to review these implementation blueprints and provide additional feedback. Once a draft plan is complete, there will be a public comment period in late July/early August. Lexington HeatSmart: The Sustainability and Resilience Officer secured a $5K grant from the Community Endowment of Lexington to expand and sustain the Lexington HeatSmart program. The money will be used to train 4 more volunteer Energy Advisors and provide additional consultation hours with Abode Energy Management. Since the program's launch in January, 85 residents have signed up for heat pump consultations through the program. 4 more volunteers will increase the capacity of the program. 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 Kelly Axtell has coordinated with the Town Moderator on potential dates for the Fall Town Meeting and arrived at 11/7, 11/8 & 11/9. We will be asking the Select Board to check your calendars to ensure these dates work for the Board. • Attached please find the agenda tracker for upcoming Select Board meetings. Police: The Lexington Police Departments prides itself in its dedication to a progressive and cutting edge training program. In response to the rise in active shooter incidents across the country, our department pursues every opportunity to train and prepare for such events. These training opportunities are conducted both internally and in partnership with other agencies. The most recent completed training event was focused on Officers' tactical response to active shooting incidents. They were exposed to multiple scenarios, complete with role players, and utilized the Department's new "simunitions" technology to provide the most realistic training experience possible. These tools allow our Range Officers to plan and execute "force -on -force" training for all department personnel, an opportunity that was not previously possible. This training allows for real time feedback and performance improvement opportunities. At the conclusion of the training, the Officers took part in debriefing conversations and were critiqued on performance, including positives and areas for improvement. All staff was enthusiastic about this cutting-edge training opportunity and requested this equipment be utilized at additional future training events. Recreation & Community Programs: Parks, Fields & Playgrounds • Center Recreation Complex o Hard Court Reconstruction of the Tennis/Pickleball and Basketball Courts begin Monday, 6/19. Updates will be uploaded to the e nirtment capital pa d as available and throughout the prof ect. • Clarke Tennis/Pickleball Courts o A storage container will be delivered to the Clarke Tennis/Pickleball Courts on Thursday, 6/22. This is to store the necessary supplies associated with the summer and fall tennis/pickleball programs. Currently the supplies are stored in the Center Recreation Storage Shed and will be replaced as part of the larger project. Community Center Attendance at the Community Center reached over 3K visitors during the week of 6/12 — this is the highest it has been since pre -2020 Friday, 6/24-6/25, the Family Campout will take place on the alee of the Community Center lawn. Over 100 residents are registered to campout with us. Land Use Health and Development: Conservation • The Summer Conservation Crew started this week, Es and Ian. This crew will be with us throughout the summer to maintain and mow trails, manage invasive species, building/repairing boardwalks, supporting volunteer groups, and much more. Be sure to give them a wave and a thank you if you see them around town. Planning The Town has received four complaints filed by the developer, the City of Waltham, the City of Cambridge and abutting property owners in Waltham related to the 0 Cambridge Street solar farm (Tracer Lane). Copies of the four complaints have been sent separately to the Select Board and will be shared with other departments upon request. Last week on June 9 TSG/Planning held the second of three public meetings seeking input for the town -wide pedestrian and bicycle plan. The group was energized to plan our network. We received great feedback - participants provided detailed comments. All of the materials presented at the public meeting are posted on the website: htjj2�.:.// ww a:..ia xjnn ,taxa»� �; ,aav/, ,tr?1/ ;_. l J..da :::. 11 ac ale anal 11eaiestrian All Ian Please encourage people to review the material and email Sheila Page with comments at -padge a lexin jQnma.� Also the survey is open until 6/30: 123 arcois.(°«raa/alias°/e t73a.11�e2k-.°; a 468t)941k)4a::,<::124(.12e8Oei / Ross Morrow (engineering), John Zaccardi (highway), Chris Barry (police) and Sheila Page (planning) went to Salem to learn how Dave Kucharsky, former Lexington employee, runs a traffic calming program for the City of Salem. TSG will be developing a pilot program to be presented to the Select Board in the Fall. Public Facilities: The Police Station Solar Canopy, Option 1 that the Select Board approved, was approved by the Historic Districts Commission on 6/14. Mike Cronin will provide an update to the Select Board on 6/21 and will discuss next steps. Library: Attached please find Koren Stembridge's letter to the community regarding the antisemitic drawing that was discovered at the library last Friday. Koren received guidance from multiple community stakeholders and stakeholder groups in drafting this response. I worked with Peggy Shukar from the Anti -Defamation League, Rabbi Amy Hertz and Suzie Barry from the Library Trustees, Hemali Shah and Sean Duggan and she also been in contact with LICA the LHRC. LICA and the LHRC are considering opportunities for broader community conversations about antisemitism and the damage caused by bias -related incidents. The library has offered to help with those conversations and is considering further actions of our own. ITEM NAME PROPOSED MINUTES Item # Description TE Water and Sewer 21 -Jun -23 0 0 Email request from Robin on 6/5 Adjustments Confirm o n Manager's The Town Manager is appointing Laureen Appointment to Council on 21 -Jun -23 0 0 Fiola to the Council on Aging, subject to Agingthe Select Board's confirmation. TCC; TCC Subcommittee; Executive Select Board Committee 21 -Jun -23 0 0 Clerk; Keeper of the Lockup; CPC; FAC; Reappointments MAGIC; Minuteman School Committee (possible appointment) Vision for Lexington Committee x1 Select Board Committee 21 -Jun -23 0 0 (appointment held in May at request of Appointments Committee); Housing Partnership Board - LexAB Member x1 Approve Amendment to This is the renew the same 3 -year Regional osis a Ices 21 -Jun -23 0 0 agreement with the Regional Housing Office Agreement Services Organization (Liz Rust) for the next 3 years. Approve License for Public Lions Club Carnival at actings Park 7/2 eral e t on nay ® Ent(amusement 21 -Jun -23 0 0 rides and games) FiestaShows Approve Special Event A CL's 3rd Annual Quock Walker Day Entertainment License - 21 -Jun -23 0 0 Community Celebration 7/8 on the Visitors ABCL Center Lawn (live performances; recorded music) Amend e istrars of Voters 21 -Jun -23 Update charge to reflect MGL name of 0 0 Charge "Board of Registrars" This license agreement is the precursor to the permanent easement at 3 Bedford Street for the roundabout. As previously Authorize the Town Manager indicated, the Masons are going through a o execute Masons license 21 -Jun -23 0 0 reorganization and all parties are in agreement, but until the reorganization is agreement - 3 BedfordStreet completed, they cannot sign the easement, but can sign the license to allow the project to move forward at this time. Approve and SignThis proclamation recognizes 7/8 each Proclamation - year as Massachusetts Emancipation Day Massachusetts Emancipation 21 -Jun -23 0 0 aka Quock Walker Day. ABCL will be reading the proclamation at an event in Day aka Quock Walker Day Lexington on 7/8 for Quock Walker Day. Capital Waste is the new sanitation contractor starting July 1. The contract Capital ate Introduction has been negotiated at the cost previously and Contract Approval 21 -Jun -23 15 1 discussed and funded at the ATM. This is an opportunity for their company representative to introduce himself to the Board and to approve the contract. Staff have discussed the initial cost estimates from several years ago that led to the review of whether the Town should create a Stormwater Management Enterprise Fund. However, the cost concern that was initially considered as the impetus for moving in this direction, has not materialized as of yet and we Discussion on Stormwater 21 -Jun -23 15 2 have been able to manage the costs of Enterprise stormwater management within the existing budget. Staff believes other work that has been done to date by DPW and Conservation will continue to temper the need to create a separate fund and fees. At this time, we are recommending this effort be postponed and placed on hold until it is appropriate to review it in the future. Approve Recommended Followup to 6/5 meeting: The Working Updates tot the Integrated Group the Select Board and School Building esi and 21 -Jun -23 20 3 Committee appointed have been working on this and it wil be ready to discuss Construction olicy recommended updates to the policy. Update on Solar Canopy for 21 -Jun -23 10 4 ongoing update to the Board Police Station Project Request to continue free The Town has received a request from 21 -Jun -23 10 5 the Council on Aging to continue the free .senior parking in the center senior parking program in the Center. This is a hold for a discussion of the broad 250th Anniversary Tentative 21 -Jun -23 30 e®c 6 schedule of events for 2025 (e.g., all re- Schedule e e of Events enactments on Saturday versus traditional days) Possibly move to 7/1 Award ale of Bond 21 -Jun -23 5 7 This is a hold for a bond award for a bond Anticipation Notes issuance Approve COLA for on® ion Every year the Select Board approves a Town of for FY24 21 -Jun -23 5 8 COLA for non-union staff which has been based on the settled union contracts. Liquor License Amendment - not a hearing, does not require Request for Pledge of 21 -Jun -23 5 advertisement (administerial amendment) 9 License,e oManager (still waiting on DUA certificate as of and Change of Officer ® Aloft 6/13/2023) Liquor License Amendment e est for e e of not a hearing, does not require License, Change oManager 21 -Jun -23 5 10 advertisement (administerial amendment) a e o Officer ® (still waiting on DIJA certificate as of 6(13/2023) Element Followup to 6/5 meeting: This is to amend Residential Solid Waste the Solid Waste Regulations to allow the Regulation Amendment 10 -Jul -23 0 0 Select Board to set a fee for curbside Approval pickup of bulky items and white goods and to adopt fees starting on July 1, 2023. Select oar Liaison 10®Jul-23 0 0 List of committee liaison assignment Assignments changes Placeholder Select Board 10®Jul-23 0 0 6/5/2023 Minutes Select Board Committee 10®Jul-23 0 0 Housing Partnership Board (community Appointments members x2) Needs to be advertised - Hearing - Inn at Hastings submitted an alteration of laceolder ® Liquor License premise applicaiton for their liquor license Amendment ® Alteration of to formalize the outdoor area to include Premise/ update liquor 15 the new patio area they built. Their liquor 1 license conditions regarding10®Jul-23 license is currently covered at the present new outdoor i i at by the state extension for outdoor dining Hastings areas to serve alcholol in this area along with their local application for outdoor dining under the Town Manager. Followup to 6/5 meeting: Elizabeth Mancini, Procurement Director has Designer Selection Policy requested to have the Board approve a Request for Approval 10®Jul-23 10 2 policy that is required under Ch. 30B. The policy recommended is based on the model policy from the IG's Office and reflects the Town's current/past practices. Hemali will give the board an overview about what she has been working on in Update from ieEquity 10 -Jul -23 15 the first 6 months, an update on our 3 Officer ® e ali a demographic survey as well as update on the equity audit (bid will be awareded by then) Update on Solar Canopy for 10 -Jul -23 10 4 Ongoing update to Board Police Station Project Placeholder: Fiscal Year 2023 10®Jul-23 15 5 Year -End Transfers The Town has been discussing holding a planning charette for Lexington Center Discussion on the Planning 10 -Jul -23 10 and we want to have a discussion among 6 arette forte Center the Board on how to move forward and whether there is support to use ARPA funds for this effort. Quarterly ARPA Reviewand This will be the quarterly ARPA request Approval 10 -Jul -23 20 7 review for the Select Board's consideration. Discuss Select Board : Report for FY2023 Annual Town 10 -Jul -23 10 8 Report lace of er: Appointment o Election Officers for - 24 -Jul -23 0 0 4 Recently the Town was asked to Discuss Resident Cemetery 24 -Jul -23 10 1 reconsider a non-resident fee for a former Fees long-time resident. Jill Hai suggested the Board should establish a general policy. Mark Sandeen recently requested an Municipal ulnera I l y 24 -Jul -23 20 2 update on the Municipal Vulnerability Assessment Update Planning efforts of the Town. (This is not time sensitive) 1/18/22 Request submitted - Engineering requested more detail, waiting for new plan submission, Applicant scheduled to Placeolder Grant of o front of ConservationCommission Location - Verizon - Stedman 24 -Jul -23 10 3 e ate scheduledfor 7/10/23 it a Road notice of intent as to proposed work takes place within protected resource areas, Hanscom lel iscussio 24 -Jul -23 60 4 Discussion on the expansion plans at Hanscom Airfield. The owners of 75 Fottler have parked along Cliffe Avenue for a very long time Request for Select Board and the ZBA approved an addition subject approval for exemption to 24 -Jul -23 10 5 to them receiving formal approval to continue parking overnight (there is no overnight parking ban driveway) on the street. The Select Board would need to approve an exemption from the overnight parking ban. Followu to 6/5 meeting: There is a $263,000 in the bond bill for Lexington for transportation improvements for a bike Discussion on bikes are share (blue bike) program. The Board has 24 -Jul -23 15 6 not discussed and taken a position of program supporting or not supporting such a program, but will need to so that we can work with our legislators to ask the Govenor to move ahead, Dear Library Community, Last Friday, library staff discovered an antisemitic drawing on a white board in our Teen Space. The drawing was of a rat with sidelocks (payot or payos which are a religious practice of some in the Jewish community) and a fur hat and was labeled with the words "Jewish Rat." Whether intentional or not, this drawing has the impact of perpetuating antisemitic tropes about the Jewish community. As we considered how to respond to this incident, we sought guidance from local faith leaders as well as from the New England chapter of the Anti -Defamation League. A consistent thread through these conversations is that, instances of ante s .rrrn.itism are on the rise in I a.s.sachusett.s ......................................................................................................................................................................................................................................................... and unfortunately here in Lexington. I have heard from community members that bias -related actions against other marginalized communities are also on the rise. I share this information in the interest of transparency and also to raise awareness. This letter may seem like an outsized reaction to a drawing that was most likely created by a young person. It is important to remember that young people may not be fully aware of the impacts of their actions, and that making mistakes is part of the journey to adulthood. We encourage you to check in with your young person if they are a user of the Teen Space to talk with them about this incident. Please do not hesitate to contact us if you need resources to help guide these types of conversations. As we call out this particular incident, we affirm that our library and our Teen Space is a place that strives to be inclusive to all and allow for conversations of understanding. One recommendation for teens seeking to learn more about the Holocaust is the graphic novel, Maus: a Survivor's Tale, by Art Spiegelman, which has been banned in some parts of our country. General information on antisemitic tropes can be found ,Ih, lr .. The Cary Library is committed to diversity, equity, and inclusion as a foundational principle of our work. The staff of the library work diligently to create an environment where everyone is visible, valued, and welcome. We are grateful for the support, wisdom, and partnership of many community organizations who feel as passionately as we do. Together we will continue to build programs and collections that encourage critical reflection and normalize a culture of inclusivity. Koren Stembridge Library Director AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Adjustments PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making Water & Sewer Adjustments as recommended by WSAB 11/3/22 ($4,395.34) SUGGESTED MOTION: ITEM NUMBER: C.1 To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on November 3, 2022. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description A d.� k)r 62 � 23 SLI,Cover Memo Type FY 2023 ADJUSTMENTS TO WATER/ SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD APAR Er N WSAB NOVEMBER 3, 2022 SELECT BOARD JUNE 21, 2023 0200355700 18 MUZZEY STREET $ 1,050.63 $ 3,344.71 $(4 3 95.34) 1041083 2022 TOILET LEAK $ (1,050.63) $ (3,344.71) (4,395,34) ------- ----------- -------- - It Is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein, unless stated here otherwise, from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED, WATER SEWER TOTAL $ (1,050.63) $ (3,344.71) $ (4,395,34) AA--- I ACTING DIRECTOR OF PUBLIC WORKS SELECT BOARD JUNE 21, 2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Town Manager Committee Appointment PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: C.2 With some recent vacancies in the Council on Aging, I recommend the appointment of Ms. Laureen Fiola. Ms. Fiola has become very active in town since her retirement and has a professional background in human resources. The appointment would be effective immediately with a term set to expire on May 31, 2026. SUGGESTED MOTION: To confirm the Town Manager's appointment of Laureen Fiola to the Council on Aging with 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: 6/21/2023 ATTACHMENTS: Description Type L FiOk'3 ReSMIX. ..... ..... L, ll ioh7 Applicaton Buckup Matedal Illuckup Material 91-70YANTOW James J. Malloy Lexington Town Office Building c/o Town Manager Office 1625 Massachusetts Avenue Lexington, MA 02420 a-Toy"y M v M10 I M I am respectfully applying for one of the available vacancies on the Council on Aging. Enclosed please find my application and resume. My apologies that my vita does not list my most recent position as the Vice President of Human Resources for Vista Higher Learning, a Boston based publisher of language learning material for education. I retired from that position in 2018. 1 recently fell while on a walk in Boston and broke my wrist. My resume formatting is currently not at its best. Since my retirement, I have joined the Lexington Field and Garden Club and participate on the team who maintains town gardens. I have also volunteered for Boston based organizations - Make A Wish, Horizons for the Homeless and Project 828. 1 have enrolled in several courses through the Cambridge Center for Adult Education, and I am currently writing a children's book. I believe in a vibrant and fulfilling life as a retiree. I would now like to serve as a member of the Lexington Council on Aging to help focus on the Lexington environment and services for our seniors. I intend to retire here, and I would like to ensure senior living in Lexington is supported and enriching. Please feel free to contact me if you require any further information. Regards, Laureen M. Fiola http://www.linkedin.com/in/lauriefiola PROFESSIONAL SUMMARY SPHR accredited Human Resources professional with proven accomplishments in diverse industries — publishing, information services/technology, consumer products, and healthcare. Areas of competency include: ■ Creating and sustaining high performance, customer -focused, strategic partnership service model ■ Guiding C Suite and senior business leaders, coaching for results ■ Effectively managing major integration efforts in support of organizational mergers/divestitures/ restructures, recognized for professionalism and positive outcomes in each engagement EXPERIENCE HEALTH DIALOG SERVICES CORPORATION, Boston, MA 2010 -Present Vice President, Human Resources (2012 — Present) Leading all HR functions, 6 member team, for $ 40M care management, decision support, and healthcare analytics provider, a wholly owned subsidiary of Rite Aid, a $25B retail pharmacy chain, and formerly owned by Bupa, a $1OB global health and care company. ■ Managed the human capital component of a major restructure action in advance of company sale, including development and delivery of communication messaging and forums with all key stakeholders. ■ Created and delivered, Employee Focus Groups, to improve the connection between employees and the senior leadership team. Leadership Effectiveness Index, as measured by external survey, up 32% in 2013. Sponsored two critical employee engagement initiatives - quarterly engagement events to impact more social and cross -functional activity and all -employee annual meeting. Employee Engagement Index, as measured by external survey, up 51% in 2013. Director, Human Resources (2010-2012) Led a team of 4-7 HR Managers covering 5-7 domestic work sites. ■ Led a cross -functional team to successfully restructure on -boarding process to drive engagement ■ Introduced HR Business Partner model, enhancing service delivery for 1200 employees. ■ Rolled out an enhanced talent review process, facilitated talent roundtables with senior leaders. HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, Boston, MA 2007-2010 Director, HR Strategic Partnerships (2008 — 2010) Led a team of 4- 7 HR generalists for a $1.713 educational publishing firm. Supported National Sales, Trade, and Corporate organizations — 1,100 employee population. ■ Partnered with CIO to successfully outsource 40% of the IT function — including communications strategy, management training, employee notification. ■ Managed major integration initiatives supporting corporate synergy plans post- merger — including talent assessment, legal reviews, layoffs impacting 400 employees — no adverse litigation. ■ Successfully resolved high impact investigations including — discrimination, hostile work environment, code of conduct violations. ■ Designed a significantly enhanced HMH College Internship Program — year-round, mentor sponsorship, executive focus — 100% program growth, 25% matriculation. HR Manager, Strategic Business Partner (2007 — 2008) Generalist supporting - product development, marketing and sales, 500 employee base. Provided recruiting and selection, talent assessment, employee relations, performance management coverage. ■ Reduced backlog in staffing requisitions by 25%, significantly shortening recruit to fill cycle. ■ Restructured recognition program, Dolphin Award, facilitated employee committee, liaison to executive sponsors, 30% employee participation rate. Laureen M. Fiola Page 2 GE -HARRIS AVIATION INFORMATION SYSTEMS, Melbourne, FL 1999 —2000 Director, Human Resources Individual contributor role in start-up joint venture with GE Aircraft Engines division to develop a paperless cockpit. First HR employee engaged to integrate GE leadership with Harris engineering. ■ Led the team development initiative, including executive assimilation, ensuring successful program start, minimizing initial cultural differences. ■ Introduced and supported Harris/GE corporate processes in start-up environment, including Six Sigma. HARRIS CORPORATION, Melbourne, FL 1992-1999 Manager, Human Resources Generalist for $513 information and communication systems company. Promoted through increasingly independent assignments, government contracts and commercial — team building, employee relations, staffing. ■ Led critical team facilitation for company program teams; largest customer, US Air Force, requested joint participation based on successful results. ■ Introduced first behavioral -based interviewing process for corporation — DDI Targeted Selection. ■ Managed first ISD Strategic Skills Training program initiative — budget $350,000. ■ Recognized in High Potential program, top 5% of management. ■ Developed the first company sponsored day care program with Brevard Community College. ADDITIONAL EXPERIENCE SCIENTIFIC ATLANTA (Division of Cisco) — Manager, Human Resources — Developed an employee referral program to increase engineering candidate pipeline McGRAW-HILL COMPANIES — Director, Human Resources — Managed HR processes for publication unit divestitures and acquisitions — Electronics, LAN Times PEPSICO (Pepsi Cola USA) — Human Resources Manager — Created a professional development program for high potential managers; Introduced behavioral interviewing initiative, train -the -trainer program ASSOCIATIONS/ CERTIFICATIONS Northeast Human Resources Association — NEHRA First Master Trainer, TARGETED SELECTION, DDI Society for Human Resources Management— SHRM Trainer, SELECTION INTERVIEWING, PDI The Boston Club Professional Qualifying Program, MBTI Performance Diagnostic Specialist — Gap International SPHR EDUCATION Coursework toward Master of Science in Industrial and Labor Relations — cumulative GPA 3.74 BARUCH COLLEGE/CORNELL UNIVERSITY, New York, NY Bachelor of Arts — Major — English — GPA 3.93 ST. CATHERINE UNIVERSITY, St. Paul, MN APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resume along with their submission of this application. Council on Aging Board/Committee Name (one application per Committee): ..M. M.. x Would you like your application kept on file for up to one year? Yes: No: Laureen Marie Fiola Full Name: Laurie Laurie Nickname: Preferred Title: Lexington Home Address: City: Zip: 20 years Length of Residence in Lexington (note: ZBA requirement is a minimum of 8 years): Retired V.P. of Human Resources in publishing. Occupation: Home Work Address: City: Zip: Phone: Home: Cell: Email: Primary: Secondary: 02420 Special Training and/or Qualifications: Throughout my career in Human Resources I have been a problem solver dealing with individuals or groups of people working within a larger population setting. Sometimes the solution was leading a team building session, sometimes it was aeveioping new programs ana services, -oiner times it was conducting one-on-one conversations to resolve a dispute or improve behavior. No matter the issue, the fist critical component was listening. I have , communications, implementing change, wellness and conflict resolution. What is your interest in this Committee? _ As a soon-to-be 67 year old, I am actively learning the joys and challenges of�growing older. I feel privileged to have access to necessary services and skills to navigate the care and services network. I watched my mother and sister struggle with dementia while growing older in my Midwestern hometown. I have pride in Lexinqton and want to further its mission of inclusivitv. including our seniors. I want to see this as a town in which older people can retire and thrive Through the town email alerts How did you hear about the Committee? Have you recently attended any meetings of the Committee? Yes: No: Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions regarding the meeting schedule, please contact the Board/Committee via the Town website.) Do you currently serve on another Board/Committee? Yes: No: Email: Selectboard(a7lexingtonma.gov or manager(b AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Committee Reappointments PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: C.3 Reappointments: Community Preservation Committee The Select Board is being asked to reappoint Jeanne Krieger and Marl-, Sandeen to the Community Preservation Committee, whose two-year terms are ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. David Horton did not wish to be reappointed at this time. Executive Clerk The Select Board is being asked to reappoint Kim Katzenback as Executive Clerk to the Select Board, whose one-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Hanscom Field Advisory Commission The Select Board is being asked to reappoint Barbara Katzenberg to the Hanscom Field Advisory Commission as the Lexington Representative and Senator Mike Barrett to the Hanscom Field Advisory Commission as the Alternate Representative, whose three-year terms are ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Keeper of the Lockup The Select Board is being asked to reappoint Police Chief Mike McLean as Keeper of the Lockup, whose one-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Minuteman Advisory Group for Interlocal Coordination (MAGIC) The Select Board is being asked to reappoint Jill Hai to MAGIC, whose one-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Minuteman School Committee The Select Board is being asked to reappoint Judith Crocker to the Minuteman School Committee as the Lexington Representative, whose three-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Town Celebrations Committee The three-year terms for the following Town Celebrations Committee Members expire on June 30, 2023. The Committee has requested that all three members be reappointed for a three-year term ending on June 30, 2026. State Conflict of Interest Law Online Training is up-to-date. • Sondra Lucente • Lorain Marquis • Geetha Padaki Town Celebrations Subcommittee The majority of the Town Celebrations Subcommittee Members wish to be reappointed for another tern set to expire on June 30, 2024. Kristen Pulkkinen and Dodd Harter did not wish to be reappointed at this time. The following members, who wish to be reappointed with up-to-date State Conflict of Interest Law Online Training, have a one-year term ending on June 30, 2023: • Sudha Balasuryan • Kevin Collins • Yifang Gong • David Grabel • Bonnie Karshbaum • E. Ashley Rooney • Pam Winters • Hong Xie SUGGESTED MOTION: To reappoint Jeanne Krieger and Mark Sandeen to the Community Preservation Committee both for a two- year term ending on June 30, 2025. To reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June 30, 2024. To reappoint Barbara Katzenberg to the Hanscom Field Advisory Commission as the Lexington Representative for a three-year teim ending on June 30, 2026. To reappoint Senator Mike Barrett to the Hanscom Field Advisory Commission as the Alternate Representative for a three-year term ending on June 30, 2026. To reappoint Police Chief Mike McLean as Keeper of the Lockup for a one-year term ending on June 30, 2024. To reappoint Jill Hai to the Minuteman Advisory Group for Interlocal Coordination (MAGIC) for a one-year term ending on June 30, 2024. To reappoint Judith Crocker to the Minuteman School Committee as the Lexington Representative for a three- year term ending on June 30, 2026. To reappoint Sondra Lucente, Lorain Marquis and Geetha Padaki to the Town Celebrations Committee for a three-year term ending on June 30, 2026. To reappoint Sudha Balasutyan, Kevin Collins, Yifang Gong, David Grabel, Bonnie Karshbaum, E. Ashley Rooney, Pam Winters and Hong Xie to the Town Celebrations Subcommittee for a one-year term ending on June 30, 2024. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Committee Appointments PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: W Appointments: Housing Partnership Board The Select Board is being asked to appoint Sarah Morrison to the Housing Partnership Board as the Lexington Housing Assistance Board (LexHAB) Member for a three-year tern set to expire on September 30, 2025. Once a liaison to the Housing Partnership Board, the role of LexHAB has since been revised on the charge as a membership. The charge was updated with this revision and approved by the Select Board on March 8, 2023. Vision for Lexington Committee The Select Board is being asked to appoint Carol Marine to the Vision for Lexington Committee to fill an unexpired term set to expire on September 30, 2023. SUGGESTED MOTION: To appoint Sarah Morrison to the Housing Partnership Board as the Lexington Housing Assistance Board (LexHAB) Member for a three-year term set to expire on September 30, 2025. To appoint Carol Marine to the Vision for Lexington Committee to fill an unexpired term set to expire on September 30, 2023. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type 2023 � bus iig, llarmen� hip Board A pt,,) Hcafion LexHABMcmiher S, Backup Material Morris�on Baclup Mate,6aJ APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resume along with their submission of this application. Board/Committee Name (one application per Committee): Vision for Lexington Committee Would you like your application kept on file for up to one year? Yes: X No: Full Name: Carol A. Marine Nickname: 18 Oakmount Circle Home Address: City: Preferred Title: MS. Lexingon Zip: Length of Residence in Lexington (note: ZBA requirement is a minimum of 8 years): 32 years Occupation: Affordable Housing Advocate 8 Beacon Street, 5th Floor Work Address: Phone: Home: N/A /~ Email: Primary Special Training and/or Qualifications: 02420 City: Boston Zip: 02108 Cell: MMME&� Secondary: 0_ I have worked in affordable housing and community development advocacy for 13 years as a Senior Program Manager at Citizens' Housina and Plannina Association (CHAPA). I have managed a varietv of initiatives around housing stability and foreclosure prevention, compliance monitoring, public education forums and convenings relevant to the production/preservation of affordable housing (advocacy, construction innovation, economic mobility). establishment of the Lexington Affordable Housing Trust (recently passed and funded at Town Meeting). What is your interest in this Committee? I am interested in how the community moves forward to implement the goals set forth in the Lexington Next Comprehensive Plan. The recent passage by Town Meeting of Warrant Article 34 is an important marker that says Lexington welcomes people into our community regardless ot race, tamily composition or economic circumstance, a goal ot Lexington Next. Article 34 sets the stage for housing choice over years, if not decades. As the challenges of all twelve multifamily zoning sites are evaluated, community engagement and a shared understanding of sustainable and affordable housing, zoning, and economic development will be critical to our vision of a future Lexington. I welcome the opportunity to further the community dialogue by joining the Vision for Lexington Committee. How did you hear about the Committee? online communication Have you recently attended any meetings of the Committee? Yes: No: X Have you confirmed your availability to attend the Committee's meetings? Yes: X No: (For questions regarding the meeting schedule, please contact the Board/Committee via the Town website.) Do you currently serve on another Board/Committee? Yes: No: X Email: sf;lectha.ard.c�3a lexingtanma.gov or manager[blexingtanmaclav If Yes, please list Board/Committee Name(s): formerly, Lexington Affordable Housing Study Committee If Yes, please list date of most recent Conflict of Interest Law Training*: January 5, 2022 Signature 11-19 C':a"4e A 71� Date: April 28, 2023 *If*currently serving on another BoardlCommittee, please attach a copy of your State Conflict of Interest Law Online Training Certificate, which can be obtained from the Town Clerks Office. Email: sdectboard� g!Lxin kmmaormana(erfbexm --g ------ qov— - j— LL— 3 c . Certftiateif �T, COMYkdM %..onfl i Car(Mtim member Afford le Hous ng Frust Study Committee/Select Board Lexington i Carol A. Marine 18 Oakmount Circle Lexington, DIA 02420 EXPERIENCE Citizens' Housing and Planning Association (CHAPA) — Boston, MA Senior Program Manager, 2015 —present Pro ,gram 2090 -2094 CHAPA is a state-wide advocacy or with a mission to encourage production andpreservation of safe, accessible and affordable holes. As a member of both Policy and Program (40B Home ownership) teams, I work on a variety of statewide policy initiatives and program development that further housing stability, foreclosure prevention and the preservation and production of affordable housing. Policy • Lead CHAPA convening of stakeholders to inform the development and operation of the ARPA funded Homeowner Assistance Fund to support homeowners in danger of foreclosure as a result of COVID-19. • Represent CHAPA at quarterly state interagency meetings on affordable housing policies and strategies. • Organized CHAPA's annual statewide regional meetings in which CHAPA convenes community members to share their local and regional housing priorities. These priorities are then used to inform the CHAPA policies and legislative priorities. • Managed CHAPA's Amicus Brief in support of the statewide Eviction Moratorium that was ultimately upheld in both state and federal courts. Chapter 40B Home Ownership Monitoring (current portfolio of 2800 units in 171 developments) • Review and approve marketing and fair housing materials for new developments. • Review and approve all applicants for program eligibility. • Lead the Planning Committee for the Chapter 40B biennial statewide training on affordable housing production covering best practices and emerging issues in housing production. 150-200 participants representing planners, municipal workers, zoning board members, policymakers, housing advocates, developers and owners attend. • Lead foreclosure prevention cases coordinating with all parties to find appropriate resolution (including escalation with servicers) to insure housing stability for households and retention of affordable homes on the Subsidized Housing Inventory. Trainings and Forums • Organize CHAPA tramings and forums designed to share best practices, build the capacity of and increase information -sharing among diverse groups of organizations and professionals in the affordable housing and community development field. Topics have included: Economic Mobility Aging in Place, Hospital Investments in Housing Production and a series on Innovation in Affordable Housing Design and Construction. Attendance ranges from 50-125. • Based on demand, develop updated hybrid trainings and forums post-COVID that are accessible geographically and economically to significantly more people. Affordable Housing Development Competition • Lead CHAPA's organizational role in the annual Affordable Housing Development Competition which matches regional affordable housing developers with interdisciplinary teams of graduate students. Over the course of a semester, the teams develop an affordable housing plan that is professionally juried. • Identify and recruit developers within New England to participate and mentor a team of eight to ten students. Design and organize student workshops on community engagement, sustainability, fair housing and other relevant topics that are offered throughout the semester. Serve as liaison for developers, sponsors, mentors and judges. Foreclosure Prevention • Authored and co -managed the Community Based HomeCorps, a grant funded by the Attorney General's Office to launch a statewide effort to work with families and individuals facing foreclosure and eviction as a result of the 2008 recession. Coordinated and managed a statewide network of twelve local non-profit organizations, which in turn employed 18 Homeowner Advocates to provide loan modification and homelessness prevention services to low and moderate income homeowners, serving over 1000 households inl8 months. • Implemented the Massachusetts Foreclosed Properties Initiative to facilitate the sale of real estate owned properties (REO) to non-profits, municipalities, and other eligible purchasers by disseminating property information, working with participating servicers and lenders, and serving as a liaison between purchasers, sellers and the National Community Stabilization Trust. Coordinated the initiative with representatives from state agencies, municipalities, non-profits and others. Explored expanding the program to include homebuyers and properties occupied by tenants. • Coordinated CHAPA's Foreclosure Committee and worked closely with The Warren Group to provide access to the Massachusetts Foreclosed Properties Database. • Served as member of the No on 2 Campaign, organized by CHAPA to defeat the ballot initiative that would have repealed the state's primary affordable housing law. Responsibilities included messaging and communications, outreach to local organizations throughout the state, and GOTV drive. Post campaign responsibilities included setting up website for similar campaigns as well as continued outreach to local organizational partners. Just A Start Corporation, 2006-2009 Project Manager. Managed all phases of renovation of existing 45 unit property. Ongoing responsibilities included refinancings, state & local regulatory compliance, energy audits, general asset management. East Coast Capital/Edison Capital, 1994-2001 Director Property Ini,estwents. Closed acquisitions of multifamily projects including LIHTC and historic properties as well as those financed with tax-exempt funds, HOME funds and other state and local housing programs. Directly oversaw legal, operational and financial due diligence. Unihab, Inc., 1987-1989 Project Manager. Managed the construction, debt financing, equity placement, sales and marketing for small to mid-size condominium projects ($5-$16-N1). The Boston Financial Group, 1984-1987 Vice Presidentlna,estwent Real Estate. As a member of the acquisitions team, responsibilities included originating and structuring equity investments in new and existing multifamily housing projects. Properties ranged in size from $5M to $30 M. Haussermann, Davison & Shattuck, 1981-1984 Associate Attorney. Represented owners, developers and lessors in the areas of commercial real estate, finance and zoning matters. EDUCATION Boston College Law School, Newton, SMA Juns Doctor, May 1981 Tufts University, Medford, NIA Bachelor of Arts in Political Science, May 1974, magna clim laude Professional/Community Memberships (current) Member - Massachusetts and Rhode Island Bars Member - Tufts University and Boston College Law School Alumni Associations Member - Temple Isaiah, Lexington, IV1A Board of Directors - Lexington Symphony Board of Advisors - Upbeat New Hampshire, Nashua, NH Board of Directors - Warner Theatre, Northwest Center for the Arts, Torrington, CT Speaker — Know Your Rights advocate for the Pair Project Community Volunteer History Lexington Public Schools including Fiske Site Base School Council, Capital Planning Task Force, Lexington Education Foundation, Grant Review Committee of Lexington High School, Mission and Accreditation Committee of Lexington High School, Lexington Housing Partnership, Lexington Affordable Housing Study Committee AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Authorize Town Manager to Sign Inter -Municipal Agreement PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: C.5 Attached please find the Regional Housing Services Office (RHSO) intermunicipal agreement (IMA) with the Towns of Acton, Bedford, Concord, Lincoln, Maynard, Natick (new), Sudbury, Wayland and Weston. This agreement extends the current IMA from July 1, 2023 to June 30, 2026. With the exception of adding the Town of Natick, the remainder of the agreement is the same as the previous agreement. Lexington benefits from the assistance provided by RHS O on housing issues and as we continue to move forward, their assistance will continue to be very important. SUGGESTED MOTION: To approve the IMA with the Regional Housing Services Office for the period July 1, 2023 through June 30, 2026 and further to authorize the Town manager to execute the IMA. Move to approve the consent. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type RCgiOM11 I bU61g SUViCeS 011'ice MA (Awer merno AGREEMENT THIS AGREEMENT is entered into by and between the Towns of Acton, Bedford, Concord, Lexington, Lincoln, Maynard, Natick, Sudbury, Wayland and Weston, hereafter referred to collectively as the "Municipalities," this _1st _ day of _July 2023, as follows: WHEREAS, the Municipalities desire to share the services and costs of a common Regional Housing Services Office; and WHEREAS, the Town of Concord is willing and capable of hosting a Regional Housing Services Office; and WHEREAS, each of the Municipalities has authority to enter into this Agreement pursuant to G.L. c. 40, s. 4A; NOW, THEREFORE, the Municipalities, in mutual consideration of the covenants contained herein, intending to be legally bound, agree under seal as follows: 1. Term. The term of this Agreement shall commence on July 1, 2023 and shall expire after a term of three years on June 30, 2026, unless earlier terminated as set forth herein. Any municipality may withdraw from the Agreement as defined below. The Agreement may be renewed for additional three-year terms as voted by each municipality through its respective Board of Selectmen by January 1 of the year of the expiring term. 2. Lead Municipality. During the Term of this Agreement, the Town of Concord shall act as the lead municipality. The Town of Concord shall perform or provide the following: a. Issue Requests for Proposals for Consultants to provide housing administrative services described in Exhibit A: Core Housing Services, attached and incorporated herein, for all the Municipalities; b. Enter into contracts with Consultants to provide said housing administrative services; c. Manage the Consultant contracts; d. Receive invoices from the Consultants and make payments in a timely manner for services rendered; e. Provide office space and related utilities for the Consultants to operate the Regional Housing Services Office; £ Administer the collection, accounting and use of funds provided by the Municipalities to fund the Consultant contracts; g. Provide overall program oversight and related administration; h. Provide conflict resolution in accordance with Section 10 below. 3. Duties of the Regional Housing Services Office. During the Term of this Agreement, the Regional Housing Services Office shall perform the housing administrative services as described in Exhibit A: Core Housing Services for an annual allocation of hours as indicated in Exhibit B: Fee Structure, attached and incorporated herein. 11:If;°a��u RH50 FY24 IMA 5.11.23 4. Funding Structure and Payment. The Town of Concord shall annually request funds from the Municipalities for the upcoming year by July 1 with payment due within 30 days of the written request and the Municipalities shall provide annual funding to the Town of Concord pursuant to the Fee Structure, attached as Exhibit B: Fee Structure. Funding for supplemental services not included in Exhibit A: Core Housing Services and for additional hours in excess of the allotted hours in Exhibit B: Fee Structure shall be requested separately, at the discretion of the Town of Concord and the individual municipality. The Town of Concord shall hold all funds in a separate revolving fund account in trust for each Municipality and shall not disburse such funds for any purpose other than payment of invoices from the contracted Consultants for services rendered and other program expenses. Any municipality may borrow or lend hours to other Municipalities upon written agreement between the impacted municipalities, provided that the total number of hours available to the Regional Housing Services Office remains constant. 5. Subsequent Year Adjustments. The annual allocation of hours in Exhibit B: Fee Structure shall be reviewed and adjusted, if necessary, annually, three (3) months prior to end of each year of the Term of this Agreement. The Town of Concord shall provide to all Municipalities a record of the actual hours of services provided to each municipality and propose an amended Exhibit B in order to make any adjustments necessary for the following year of the Term, which shall be adopted as the Municipalities may agree, in accordance with Section 14. 6. Indemnification. Notwithstanding the final sentence of G.L. c. 40, §4A, to the extent permitted by law, each Municipality (the "Indemnifying Municipality") separately agrees to indemnify the Town of Concord, including all officials, officers, employees, agents, servants and representatives, from and against any claim arising out of the duties performed by the Regional Housing Services Office pursuant to the Agreement in or on behalf of the Indemnifying Municipality for any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission by the Regional Housing Services Office while performing services for the Indemnifying Municipality. As to any claim or occurrence, the express indemnification set forth above shall be town -specific: Acton's obligations shall be limited to the services provided for Acton; Bedford's obligations shall be limited to the services provided for Bedford; Concord's obligations shall be limited to the services provided for Concord; Lexington's obligations shall be limited to the services provided for Lexington; Lincoln's obligations shall be limited to the services provided for Lincoln; Maynard's obligations shall be limited to the services provided for Maynard; Natick's obligations shall be limited to the services provided for Natick; Sudbury's obligations shall be limited to the services provided for Sudbury; Wayland's obligations shall be limited to the services provided for Wayland; and Weston's obligations shall be limited to the services provided for Weston. The Indemnifying Municipality's obligation to indemnify under this Section shall be limited to and benefited by the immunities and the limits on liability that would be applicable under M.G.L. c. 258 and any other law or statute limiting the liabilities of municipalities as if the negligent act or omission had been made by an employee of the Indemnifying Municipality. Furthermore, the Indemnifying Municipalities shall not be liable for any claims arising from: a. Violations of state or federal civil rights statutes; RHSO FY24 IMA 5.11.23 b. Violations of state or federal discrimination statutes; c. Wrongful termination claims; d. Violations of any state or federal statute dealing with employment practices; e. Claims that are covered by any insurance policy. 7. Termination. (Subsection A) Any Municipality, by a vote of its respective Board of Selectmen or Select Board, may withdraw from and terminate this Agreement at the end of any year with the provision of at least two months' prior written notice to the Town of Concord. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. Upon such termination, the Town of Concord shall prepare full statements of outstanding unpaid financial obligations under this Agreement and present the same to the terminating Municipality for payment within thirty (30) days thereafter. The Town of Concord, by a vote of its respective Select Board, may terminate this Agreement upon the provision of at least one-month prior written notice to the participating Municipalities. After termination of this Agreement, the Town of Concord shall remain liable to the participating Municipalities for any portion of the payments received not earned. (Subsection B) Any Municipality may withdraw at the end of any fiscal year in which the municipal legislative body has not appropriated funds sufficient to support that municipality's participation in the subsequent fiscal year, provided that in such an event, the municipality shall give as much notice to other subscribers to this Inter -Municipal Agreement as the circumstances allow. 8. Advisory Committee. There shall exist an Advisory Committee comprised of one (1) representative from each municipality, whom shall be appointed by the Town Manager/Administrator of the municipality. The Advisory Committee shall endeavor to meet on a quarterly basis in August, November, February and May. The Town of Concord shall prepare and send to each municipality a quarterly status report prior to the quarterly meeting. 9. Conflict Resolution. The Advisory Committee may hold additional meetings to discuss and resolve any conflicts that may arise including, but not limited to, disagreements regarding the needs of each municipality and changes to the annual allocation of hours as indicated in Exhibit B: Fee Structure. Any recommendations made to the Director of the Regional Housing Services Office must be made by a majority vote. Any unresolved issues shall be decided by the Town Manager of the Town of Concord. 10. Additional Communities. The Advisory Committee may vote at any time to amend this Agreement to add an additional municipality or municipalities by unanimous vote and approval of the Lead Municipality, so long as there are no more than ten (10) member communities. If voted and approved as provided in this Section, the participation of said municipality or municipalities is effective as of July 1 of the fiscal year next after the vote is taken unless otherwise agreed among all parties. Any such additional municipality must be adjacent to at least one municipality participating in this Agreement unless waived by a majority of the Town Managers of the originally participating communities. 11. Financial Safeguards. The Town of Concord shall maintain separate, accurate and comprehensive records of all services performed for each of the Municipalities hereto, and 3 1 P a � RHSO FY24 IMA 5.11.23 all funds received from the Municipalities. The Town of Concord shall issue a financial report for each fiscal year to each of the Municipalities by December 31 of the following fiscal year. 12. Assignment. None of the Municipalities shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of all of the other Municipalities. 13. Amendment. This Agreement may be amended only in writing signed by all Municipalities duly authorized thereunto. 14. Severability. If any provision of this Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. 15. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. 16. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 17. Notices. Any notice permitted or required hereunder to be given or served on any Municipality shall be in writing signed in the name of or on behalf of the Municipality giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3) business days after the date of any properly addressed notice sent by mail as set forth below: Town of Acton Town Manager 472 Main Street Acton, MA 01720 Town of Bedford Town Manager 10 Mudge Way Bedford, MA 01730 Town of Concord Town Manager Town House, P.O. Box 535 22 Monument Square Concord, MA 01742 4 1 Pa c RHSO FY24 IMA 5.11.23 Town of Lexington Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 Town of Lincoln Town Administrator Town of Lincoln 16 Lincoln Road Lincoln, MA 01773 Town of Maynard Town Administrator Town of Maynard 195 Main St Maynard, MA 01754 Town of Natick Town Administrator 13 East Central Street Natick, MA 01760 Town of Sudbury Town Manager 278 Old Sudbury Road Sudbury, MA 01776 Town of Wayland Town Manager 41 Cochituate Road Wayland, MA 01778 Town of Weston Town Manager P.O. Box 378 Weston, MA 02493 18. Complete Agreement. This Agreement constitutes the entire Agreement between the Municipalities concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the Municipalities concerning the subject matter hereof. Each Municipality acknowledges that it has not relied on any representations by any other Municipality or by anyone acting or purporting to act for another Municipality or for whose actions any other Municipality is responsible, other than the express, written representations set forth herein. 5 1 P a g RH50 FY24 IMA 5.11.23 [SIGNATURE PAGES FOLLOW EXHIBIT B] Exhibit A Core Housing Services 1. Monitoring • Monitoring Database of Affordable Housing Developments and residents • Monitor ownership units • Monitor rental developments • Assist with resales of ownership units • Maintain municipal inventory records with the Subsidized Housing Inventory maintained by the Department of Housing and Community Development 2. HOME administration • Assist in the preparation of the Annual Action Plan and Annual CAPER documents • Monitor HOME Units • Consult on HOME funded projects 3. Local Support • Provide valuations to assessors for restricted ownership units • Meet with staff and housing entities • Consult on projects • Prepare and Review project documents 4. Regional Activities • Assist communities with regional linkages • Maintain and support RHSO website, including public and private pages • Provide programs and referrals to residents • Administer Programs on behalf of all communities 61�)a g u RHSO FY24 IMA 5.11.23 [SIGNATURE PAGES FOLLOW EXHIBIT B] Exhibit B Fee Structure The participating municipalities will proportionally share the total cost of operating the Regional Housing Services Office. The proportional share is determined based on the percentage of hours planned to support each municipality for core services as represented in the fee schedule. Membership Fee Schedule Chart for FY24 FY24 Membership Fee Schedule Hours % of hrs Pro rata $ Acton 477 10% $39,971 Bedford 453 9% $37,960 Concord 775 16% $64,942 Lexington 477 10% $39,971 Lincoln 366 8% $3009 Maynard 159 3% $13,324 Natick 298 6% $241971 Sudbury 1,121 23% $93,935 Wayland 147 3% $12,318 Weston 501 10% $41,982 Total 4,774 100% $400,043 This fee structure does not include payment for supplemental services which will be proposed and invoiced outside of this agreement or payment for additional hours in excess of the allotted hours. 71�'a g u RH50 FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF ACTON By its Town Manager Date: '2023 8 1 P a , RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF BEDFORD By its Town Manager Date: '2023 9 1 P a , RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF CONCORD By its Town Manager Date: '2023 10 1 P a c RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF LEXINGTON By its Town Manager Date: '2023 111 P a c RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF LINCOLN By its Town Administrator Date: '2023 12 1 P a c RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF MAYNARD By its Town Administrator Date: '2023 13 1 P a c RHSO FY24 IMA 5.11.23 Hereon duly authorized and executed as a sealed instrument, TOWN OF SUDBURY By its Town Manager Date: '2023 14 1 P a c RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF WAYLAND By its Town Manager Date: '2023 15 1 P a c RHSO FY24 IMA 5.11.23 Hereon duty authorized and executed as a sealed instrument, TOWN OF WESTON By its Town Manager Date: '2023 16 1 P a c RHSO FY24 IMA 5.11.23 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: License for Public Entertainment on Sunday - Fiesta Shows, Hastings Park, 0 Massachusetts Avenue PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category: Decision -Making Fiesta Shows: Fiesta Shows has requested a License for Public Entertainment on Sunday for the purpose of amusement rides and games during the 67th Annual Fourth of July Carnival on Sunday, July 2, 2023. The amusement rides and games will take place at Hastings Par1c, 0 Massachusetts Avenue, from 1:00pm to 11:00pm. There will be a total of 24 rides and games. 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 Fiesta Shows for the purpose of providing amusement rides and games for patrons of the 67th Annual Fourth of July Carnival to take place on Sunday, July 2, 2023 at Hastings Park, 0 Massachusetts Avenue, from 1:00pm to 11:00pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - Association of Black Citizens of Lexington d/b/a ABCL, 1875 Massachusetts Avenue PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.7 SUMMARY: Category: Decision -Making Association of Black Citizens of Lexington (ABCL)- The ABCL)-The Association of Black Citizens of Lexington d/b/a ABCL has requested an Entertainment License for the purpose of live musical and dance performances and radio/recorded music during the 3rd Annual Quock Walker Day Community Celebration on Saturday, July 8, 2023. The live performances and background music will take place on the Visitors Center Lawn, 1875 Massachusetts Avenue, from 11:00am to 3:00pm. Please note that the stage is no longer required for the live performances. SUGGESTED MOTION: To approve an Entertainment License for the Association of Black Citizens of Lexington d/b/a ABCL for the purpose of providing live musical and dance performances as well as radio/recorded music for patrons of the 3rd Annual Quock Walker Day Community Celebration to take place on Saturday, July 8, 2023 at the Visitors Center Lawn, 1875 Massachusetts Avenue, from 11:00am to 3:00pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type ATY'l-'s Quock Walker Day Gmumnity G.,Iobration Sche.dule oflP,vemts and Ma6e6al R ap Quock Walker Day Community Celebration Saturday, July 8, 2023 11 amto3pm 1875 Massachusetts Ave, Lexington, MA 02420 Lawn between Buckman Tavern and Visitor's Center Schedule of Events • 11 am — Opening Ceremony o Color Guard o Quock Walker Day Proclamation o National Anthem o Introduce Guest Speaker o Quock Walker Day Guest Speaker Musical Interlude • Noon — Emancipation for Whom o Local Historians and Storytellers o Interactive Dance Workshop • 1 PM — Life After Emancipation in Lexington o Local Historians and Storytellers o Interactive Dance Workshop • 2 PM — National Abolition and the Walker Family c Local Historians and Storytellers Musical Interlude 0 3 PM — Closing Ceremony Potential Information Tables • Association of Black Citizens of Lexington • Lexington Minutemen • Lexington Historical Society • William Diamond Junior Fife and Drum Corps • African Lodge 459 • Cambridge Black History Project Potential Activities • Craft Table o Corn Husk Dolls • Toy Table o Jacob's Ladder o Cup and Ball • Unattended Toys o Big Hoops with Stick o Play Catch with Smaller Hoops o Quoits o Corn Hole • Massachusetts 54th Reenactment Corps Encampment Food Vendors AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Amendments to Registrars of Voters Charge PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: W The Select Board is being asked to approve the following changes to the Registrars of Voters charge as outlined in the attached redlined version: • Change name from "Registrars of Voters" to "Board of Registrars" to better reflect the MGL Chapter 51 §15 • Add "Quorum: Quorum shall be a majority of members serving" • Change "Board of Selectmen" to "Select Board" SUGGESTED MOTION: To amend the Registrars of Voters charge by making the following changes as proposed: • Change name from "Registrars of Voters" to "Board of Registrars" to better reflect the MGL Chapter 51 §15 • Add "Quorum: Quorum shall be a majority of members serving" • Change "Board of Selectmen" to "Select Board" Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type Anvnded Rag ustrars ol'N »teas C Oz tyre t efflimNl Rickup Material AmenatdBoard ofR istnarsCharge ><3aailkupMate6al y ' N T�7�7!I W,.EyM0 !!\A!► �! �; _ �' _ ! ! Members: 4, one being the Town Clerk Appointed by: afd of Seleetmen Select Board Length of Term: 3 years Appointments made: March 31 Meeting Times: As needed Quorum: Quorum shall be a majority of members serving Description: The egiistfaf ofVetefs Board of Re isg trans consists of three members who shall represent the two leading political parties of the Town; however, no more than two members may be from the same party. The Town Clerk need not be enrolled in a political party. While the Board's original purpose was to verify the accuracy and validity of elections, the Board may vote to authorize the Town Clerk to perform all certification functions. Registrars assist the Town Clerk's office in promoting voter registration, maintaining voter registration, certifying signatures on nomination papers and petitions, issuing party enrollment certificates, certifying absentee voter applications, investigating challenges to local nomination papers, conducting recounts, assisting in the preparation of the street list, and being present at all elections as part of the reporting process. Criteria for Membership: Member of one of the two leading political parties in Town. Each appointment is made by the Boafd of Sof oetme Select Board from a list submitted by the town committee of the political party from the members of which the position is to be filled. Ref.: MGL Chapter 51 § 15 Selectmen designated as Special Municipal Employees on April 24, 1963. Selectmen reaffirmed designation as Special Municipal Employees on January 18, 2006. BOARD OF REGISTRARS Members: 4, one being the Town Clerk Appointed by: Select Board Length of Term: 3 years Appointments made: March 31 Meeting Times: As needed Quorum: Quorum shall be a majority of members serving Description: The Board of Registrars consists of three members who shall represent the two leading political parties of the Town; however, no more than two members may be from the same parry. The Town Clerk need not be enrolled in a political party. While the Board's original purpose was to verify the accuracy and validity of elections, the Board may vote to authorize the Town Clerk to perform all certification functions. Registrars assist the Town Clerk's office in promoting voter registration, maintaining voter registration, certifying signatures on nomination papers and petitions, issuing party enrollment certificates, certifying absentee voter applications, investigating challenges to local nomination papers, conducting recounts, assisting in the preparation of the street list, and being present at all elections as part of the reporting process. Criteria for Membership: Member of one of the two leading political parties in Town. Each appointment is made by the Select Board from a list submitted by the town committee of the political party from the members of which the position is to be filled. Ref: MGL Chapter 51 § 15 Selectmen designated as Special Municipal Employees on April 24, 1963. Selectmen reaffirmed designation as Special Municipal Employees on January 18, 2006. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Authorize Town Manager to Execute License Agreement - 3 Bedford Street PRESENTER: Joe Pato, Select Board Chair SUMMARY: Category: Decision -Making ITEM NUMBER: W Attached please find the license agreement to utilize a portion of the Lexington Masonic Associates property at 3 Bedford Street for the construction of the roundabout that has been approved as part of the Battle Green Streetscape Project. As the Board is aware, the property owner is going through a restructuring of their organization and have agreed to the terms, but until that restructuring is complete, cannot sign the permanent easement (which will mirror this license agreement's terms). We anticipate this will take place later this year, but in order to keep the project on schedule, Town Counsel and the Town Engineer have worked with the Masons to develop this license agreement in the interim to allow the work to continue to progress. SUGGESTED MOTION: To approve the license agreement between the Town of Lexington and the Trustees of the Lexington Masonic Associates regarding a portion of 3 Bedford Street, as attached, and further to authorize the Town Manager to execute the license agreement. Move to approve the consent. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type lke� i,,,, c A grex.my.mt ( bVer mo Ylo LICENSE AGREEMENT This LICENSE AGREEMENT (this "Aueement") is entered into as of the day of , 2023 (the "Effective Date"), by and between the undersigned TRUSTEES OF THE LEXINGTON MASONIC ASSOCIATES, a/d/t dated June 11, 1917 recorded in the Middlesex South Registry of Deeds at Book 4143, Page 273, with a mailing address of 3 Bedford Street, Lexington, Massachusetts ("Licensor"), and the TOWN OF LEXINGTON, acting by and through its Select Board, a municipal corporation, with an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the "Town"). WHEREAS, Licensor is the owner of that certain real property located at 3 Bedford Street, Lexington, Massachusetts, identified as Town Assessor's Parcel No. 7455, shown on Assessor's Map 56 as Lot 16 (the "PropertX"), and more particularly described in Certificate of Title No. 56303, filed with the Middlesex South District of the Land Court (the "Regis "); WHEREAS, the Town wishes to make improvements within the intersection of Bedford Street, Harrington Road and Hancock Street in Lexington, Massachusetts, including to repair, replace, reconstruct, maintain, and use the roadway and sidewalk therein (the "Project"); WHEREAS, the Project requires temporary rights within those portion of the Property identified as "Parcel X -TE -1" and "Parcel E-1" (together, the "License Area"), consisting of 452 square feet ::L and 629 square feet ±, respectively, as shown on a plan entitled "Easement Plan, 3 Bedford Street, Lexington MA, Prepared for Town of Lexington, Massachusetts" dated April 4, 2023, a copy of which is attached hereto and incorporated herein as Exhibit A (the "Plan"); WHEREAS, Licensor desires to grant to the Town, and Town desires to accept from Licensor, a non-exclusive license to use of the License Area for the construction of the Project, as more particularly described herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Licensor hereby agree as follows: 1. Grant; Term. Subject to the terms hereof, Licensor hereby grants to the Town a non-exclusive license to use the License Area for the Permitted Use (as defined below). The term of this Agreement (the "Term") shall commence upon the Effective Date and, shall expire on the earlier of (i) the date that is two (2) years after the date of this Agreement, and (ii) the date that temporary and permanent easements over the License Area, for the parcels identified on the Plan as "Parcel X -TE -1" and "Parcel E-1" respectively, are granted by Licensor to the Town and recorded with the Registry. 2. Use. a. The Town, to include its invitees, employees, contractors, agents, shall have the right to: (a) utilize the License Area for the construction of roadway improvements and the relocation of the sidewalk therein for the Project, and for the performance of any work necessary for the Project and any incidental work necessary or convenient thereto, including the rights to excavate, remove soils from, fill and/or change the grade of the License Area as is reasonable, necessary, and proper in connection with the Project, and for all purposes for which public ways are used in the Town of Lexington, (b) the rights to install, construct, inspect, operate, maintain, repair, and relocate the roadway and the sidewalk within the License Area; (c) the rights to clear and keep cleared by physical, chemical or other means (in the same manner as may be customary, from time to time, for the Town to clear and keep cleared similar areas within the Town of Lexington) the License Area of trees, underbrush and above and below ground buildings, improvements or structures; and (d) the rights to pass and repass on foot and with vehicles and equipment along the License Area as is reasonable, necessary, and proper in connection with the Project (collectively, the "Permitted Use"). Following the completion of the Project, the Town shall have the right hereunder to permit members of the public to use the portion of the License Area identified on the Plans as Parcel E-1 for the purposes of a public sidewalk. b. During the Term, Licensor shall not unreasonably interfere with the use of the License Area by the Town. C. During the Term, the Town shall maintain the License Area at its sole cost and expense, in the same manner as the Town maintains public sidewalks within the Town of Lexington, Massachusetts. d. Licensor shall notify any subsequent owner of the Property of this Agreement. 3. License Fee. The Town shall pay Licensor a monthly license fee equal to One Dollar ($1.00) per month during the Term. 4. Amendment. This Agreement may not be modified except in writing signed by both Licensor and the Town. 5. Relationship. The parties intend by this Agreement to establish the relationship of licensor and licensee only and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of licensor and licensee. 6. Survival. Any and all liabilities, actual or contingent, that have arisen during the Term of this Agreement and in connection with this Agreement shall survive expiration or termination of this Agreement. 7. Miscellaneous. Notices to either party shall be deemed received if delivered by hand or mailed by certified mail, return receipt requested, to the addresses identified above. This Agreement shall be construed as a Massachusetts instrument. This Agreement contains all understandings with respect to the matters referenced herein, and no oral agreements, promises or understandings shall be binding on either party. The Town's waiver of a breach of one provision of this Agreement shall not be considered a waiver of another breach, and no provision shall be deemed waived unless in writing and signed. If any provision of this Agreement is determined to be unenforceable by final judgment of a court of competent jurisdiction, the remaining provisions shall continue in effect to the extent permitted by law. This Agreement shall not be recorded in the Registry. This Agreement may be executed in one or more counterparts, which when taken together shall constitute one and the same instrument. Electronic signatures on this Agreement shall have the same force and effect as an original signature. [Signature Pages Follow] 2 EXECUTED under seal as of the date first written above. LICENSOR: The Lexington Masonic Associates By: Name: Matthew Gerrish, Trustee By: Name: Tim Conte, Trustee By: Name: Andrew Macey, Trustee By: Name: Robert Bryan, Trustee By: Name: Marc Reyome, Trustee By: Name: Peter Cornell, Trustee By: Name: Robert Young, Trustee TOWN: Town of Lexington, By its Select Board: Bv: Name: James J. Malloy Title: Town Manager, duly authorized Exhibit A Plan of License Area [See Attached] N'QdB 3 PARCEL X -TE -1 LEXINGTON MASONIC ASSOCIATES AREA ABOUT 452 SF sA S72' 24' 09"E 02 1.D0� 9J tiC, Oo `rs r,� �� �' 517' 35' 51"W 9.96 -+408 N19' 29' 28"E-- 13.93 9K\ 6.09 N50' 50' 53"EJ ' 8.11 N/F LEXINGTON MASONIC ASSOCIATES JJ BEDFORD ST MAP/PARCEL: 56/16 -HI �I I �N I_W a : I Nr PARCEL E-1 I m LEXINGTON MASONIC ASSOCIATES AREA ABOUT 629 SF LINE OF I 3 TEMPORARY EASEMENT 1I 1 I LINE OF ; <j STONE BOUND PERMANENT 2j (FOUND) EASEMENT / L=6 30 in _ 67t_ — 0: R>38p0 R=6.00 15.10=2g5 N65' 24' 52"E 52.25 S28' 02 59"E S25' 38' 46"E - • 0.97 i 1891 COUNTY LAYOUT L=100.37, R=1007.14 - STONE BOUND BEDFORD STREET (FOUND) (ROUTES 4 & 225) PRESUMED EXISTING ROADWAY EASEMENT (SEE NOTE 3) THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE PROCEDURAL AND TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. THE CERTIFICATIONS SHOWN HERE ARE INTENDED TO MEET REGISTRY OF DEED REQUIREMENTS AND ARE NOTA THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING CERTIFICATION TO TITLE OR OWNERSHIP OF PROPERTY SHOWN. OWNERSHIPS, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY I CERTIFY THAT THE PREPARATION OF THIS PLAN CONFORMS ESTABLISHED, AND NO NEW LINES FOR DIVISION OF EXISTING TO THE RULES AND REGULATIONS OF THE REGISTERS OF OWNERSHIP OR FOR NEW WAYS ARE SHOWN. DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. MICHAEL J. CARTER, P.L.S. #48373 DATE: MICHAEL J. CARTER PLS #48373 DATE: LOCUS MAP SCALE: 1" = 250't NOTES: 1) THE SOLE PURPOSE OF THIS PLAN IS TO SHOW THE PROPOSED PERMANENT AND TEMPORARY EASEMENTS AT #3 BEDFORD STREET IN LEXINGTON 2) PROPERTY AND RIGHT OF WAY SIDELINES ARE FROM THE 1891 COUNTY LAYOUT OF BEDFORD STREET AND LAND COURT PLAN 64D2A. 3) THE PRESENCE OF BOUNDS LOCATED AT THE CORNER OF BEDFORD STREET AND HANCOCK STREET IMPLIES A TAKING MAY HAVE ACCURED. NO RECORD HAS BEEN LOCATED AND NO ENCOMBRANCE IS LISTED ON THE CERTIFICATE OF TITLE FOR THE 3 BEDFORD STREET PROPERTY. PLAN SCALE: 1" = 10' GRAPHIC SCALE ( IN FEET ) 1 inch = 10 ft EASEMENT PLAN 3 BEDFORD STREET, LEXINGTON MA PREPARED FOR TOWN OF LEXINGTON, MASSACHUSETTS GCG ASSOCIATES, INC. WILMINGTON MASSACHUSETTS SCALE: 1"=10' DATE: 04/04/2023 JB N0.\FILE NAME: DESIGNED BY: PLAN N0. 1322 -EASEMENT DRAWN BY: H.J.P. CHECKED BY., M.J.C. OF AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamation - Massachusetts Emancipation Day aka Quock Walker Day PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.10 SUMMARY: Category: Decision -Making Massachusetts Emancipation Day aka Quock Walker Dam The Association of Black Citizens of Lexington (ABCL) is requesting that the Select Board approve and sign a proclamation recognizing July 8, 2023 as Massachusetts Emancipation Day aka Quock Walker Day in the Town of Lexington. Quock Walker was a self -emancipated slave from Massachusetts, who sued for and won his freedom in 1781. The case was credited with helping to abolish slavery in Massachusetts. The proclamation will be read at the 3rd Annual Quock Walker Day Community Celebration on Saturday, July 8, 2023. SUGGESTED MOTION: To approve and sign a proclamation recognizing July 8, 2023 as Massachusetts Emancipation Day aka Quock Walker Day in the Town of Lexington. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 ATTACHMENTS: Description Type 202.3 Mo,,,,soclusctts 1 3nincipation Lby aka (,Ujock Wallcur I>ay llrochmrntdon 1Backup Materkil Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: Whereas: 'Cows of leXiugtDu, a��ar�ju�ettg SELECT BOARD OFFICE PROCLAMATION this year marks the 240th Anniversary of the third of the Quock Walker Cases that constitutionally ended slavery in Massachusetts; and Quock Walker entered the historical record on May 4, 1754, when Zedekiah Stone sold Mingo, Dinah, and 9 -month-old Quock to James Caldwell of the Rutland District for 180 pounds; and Quock Walker's parents were likely imported into Massachusetts by ship like the first enslaved Africans were imported into the Massachusetts Bay Colony in 1638; and in 1641 the Massachusetts Bay Colony became the first of Britain's mainland colonies to make slavery legal; and in 1780, the Commonwealth of Massachusetts adopted a Constitution which included Article 1, which reads, "All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. and Reverend Jonas Clarke of Lexington served as a delegate to the Constitutional Convention; and in 1781, Quock Walker self -emancipated and went to work on a nearby farm in Barre, Massachusetts; and on June 12, 1781, a jury of the Worcester County Court of Common Pleas determined that Quock Walker was a free man and assessed Nathaniel Jennison 50 pounds for assault and battery; and in September 1781, Nathaniel Jennison lost his appeal to the Worcester Circuit of the Supreme Judicial Court; and in 1783, Justice William Cushing, Chief Justice of the Massachusetts Supreme Judicial Court, noted in his instructions to the jury, "the idea of slavery is inconsistent with our own conduct and Constitution"; and the Quock Walker cases resulted in the abolition of slavery in Lexington and across the Commonwealth of Massachusetts over 70 years before President Abraham Lincoln's Emancipation Proclamation; and Quock Walker and his siblings acquired property in Barre, Massachusetts and enjoyed other liberties; and Quock Walker's peers and their children became entrepreneurs and active abolitionists who established the Massachusetts General Colored Association, the first all -Black abolitionist organization in the United States, "to promote the welfare of the race by working for the destruction of slavery"; and Whereas: Abel and Kate Barbadoes were enslaved and emancipated by John Simonds of Lexington prior to 1775; and Whereas: James George Barbadoes, grandson of Abel and Kate Barbadoes, was a founding member of the Massachusetts General Colored Association; and Whereas: in 2022, the Massachusetts legislature passed a bill, signed into law by Governor Charles D. Baker, Jr. making July 8 Massachusetts Emancipation Day also known as Quock Walker Day in the Commonwealth of Massachusetts. NOW, THEREFORE, WE THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby proclaim July 8, 2023 as Massachusetts Emancipation Day aka Quock Walker Day and urge all of the citizens of the Town of Lexington to celebrate the tenacity and audacity of Quock Walker, while building upon his legacy to make Lexington, and the Commonwealth, a more just place to exercise our natural, essential, and unalienable rights. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 21 st of June 2023. JOSEPH N. PATO, CHAIR DOUGLAS M.LUCENTE MARK D. SANDEEN SUZANNE E. BARRY JILL 1. HAI AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Capital Waste Introduction and Contract Approval PRESENTER: Dave Pinsonneault, Director of Public Works SUMMARY: Category: Decision -Making ITEM NUMBER: I.1 Attached please find the contract and attachments between the Town and Capital Waste as per previous discussions with the Select Board throughout this year's budget process. As the Board is aware, the Town utilized a competitive bidding process and selected Capital Waste Services Inc. and has negotiated a contract for the next five fiscal years (beginning July 1, 2023). Joe Ricupero of Capital Waste Services will be present at the Select Board meeting as an introduction. SUGGESTED MOTION: Move to approve the contract between the Town of Lexington and Capital Waste Services, Inc. as per the attached contract and attachments and further to authorize the Town Manager to execute said contract with the hightlighted areas in the contract to to be completed to Town Counsel and Town Managers satisfaction. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 6:40pm ATTACHMENTS: Description Type CapitaMaste, Services h7A;. C'6hL tr,,,h.,, Gwe'rr C"Ila'mo Um tract Attu( h rrvytt�,, A K (""over Memo CONTRACT FOR COLLECTION OF REFUSE AND RECYCLABLES Between The Town of Lexington, Massachusetts (the "Town"), a municipal corporation, acting by and through its Town Manager, duly authorized who, however, incurs no personal liability by reason of the execution hereof or anything herein contained, and Capital Waste Services, Inc., a corporation having a usual place of business at 1222 Bennington Street, East Boston, Massachusetts, hereinafter designated as the Contractor, agree as follows: ARTICLE I. DEFINITIONS Appropriate Town Official — shall mean the Town Manager, or their designee, who will be the point of contact for the Contractor and have final authority on behalf of the Town to the extent consistent with applicable state laws. Bulky Item — shall mean a household item that is too large to fit in a Container such as, but not limited to, a mattress, box spring, couch, carpet, lawn furniture, or a chair. Cathode Ray Tubes (CRTs) — shall mean any intact, broken or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments. Container — shall mean a receptacle for Refuse or Recyclables (e.g. barrel; recycling bin, dumpster, Wheeled Cart) Contract Documents — shall mean the written agreement, including all attachments, exhibits, enclosures, and duly executed amendments, as applicable, between the Town and the Contractor. Contractor — shall mean Capital Waste Services, Inc. and its agents, administrators, successors, and assigns. Holiday — shall mean all federally recognized holidays, including New Year's Day, Rev. Dr. Martin Luther King, Jr. Day, Presidents' Day, Patriots' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas, and such other days as shall be determined in writing by the Appropriate Town Official. Leaf and Yard Waste — shall mean leaves, grass clippings, weeds, garden materials, shrub trimmings, and brush one (1) inch or less in diameter. Refuse — shall mean all garbage, trash and solid waste that is not considered Recyclable, yard waste, hazardous waste as defined by any applicable law, universal waste, construction and demolition debris, CRTs, White Goods or Unacceptable Waste. Recyclables — shall mean those materials that are collected for the purpose of recycling consistent with the Massachusetts Recycle Smart Campaign. Said materials shall include at least: (1) mixed paper (including, without limitation, newspapers, inserts, magazines, catalogues, office paper, junk mail, paperboard paperback books, phone nooks, brown paper bags, and corrugated cardboard; (2) mixed receptacles (including, without limitation, glass (clear, brown, and green) bottles and jars, metal good and beverage cans, aluminum foil and pans, milk and juice cartons and plastic (#1 — #7) bottles and jars); and (3) such other materials considered Recyclables under h the Massachusetts Recycle Smart campaign. Town — shall mean the Town of Lexington Wheeled Cart — shall mean a standard wheeled barrel with attached lid, anticipated to be 64 gallon capacity for trash and 95-96 gallon capacity for recycling, supplied by the Contractor to participating households as property of the Town and used in the automated collection and related programs. White Goods — shall mean items and appliances employing electricity, oil, natural gas or liquefied gas to preserve or cook food, to wash or dry clothing or to cool or heat air or water. These items include refrigerators, freezers, ovens, stoves, ranges, air conditioners, dishwashers, de -humidifiers, microwaves, water heaters, clothes washers, and clothes dryers. Unacceptable Waste - shall be defined as specified in Attachment K. ARTICLE II. AGREEMENT The Contractor agrees to, at its own expense, perform all the work and furnish all the vehicles, equipment and labor for collecting and transporting of all the Refuse, Recyclables, Leaf and Yard waste, and other materials collected within the Town during the term of this Contract, all in accordance with the terms and provisions of this Contract and in a proper, thorough and workmanlike manner; and to the satisfaction of the Appropriate Town Official, whose decision as to matters pertaining to the fulfillment of this Contract shall be conclusive. ARTICLE III. INSURANCE REQUIREMENTS The Contractor shall obtain and maintain during the life of the Contract, the following insurance from companies and in forms acceptable to the Appropriate Town Official and in adequate amounts, as shall protect it, performing work covered by this Contract and the Town and its employees, agents and officials from all claims and liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this Contract. The Contractor covenants and agrees to defend and hold the Town and its employees, agents and officials harmless from loss or damage due to claims for personal injury or property damage arising from or in connection with operations under this Contract. Except as otherwise stated, the Amounts of such insurance shall be for each policy, not less than the amounts as follows: • Worker's Compensation: as required by the laws of Massachusetts. • General Liability: Bodily injury liability, including death; $2,000,000 on account of any one person and $2,000,000 on account of any one accident and $2,000,000 aggregate limit. Extraterritorial and guest clause shall be included. • Property damage liability, $2,000,000 on account of any one accident, and $2,000,000 in the aggregate. • Contingent coverage for subcontractors for B. and C. above. • Automobiles and trucks, including hired vehicles: Bodily injury liability, including death; $2,000,000 on account of any one person and $2,000,000 on account of any one accident. Property damage liability: $2,000,000. • Excess Umbrella: $10,000,000. Insurance in name of Town: The Public Liability and Property Damage Insurance and Owner's Contingent Policies, as the case may be, shall show the Contract indemnification clause as set forth in this Contract. The Town of Lexington shall be named as additional insured on all insurance policies required under this Contract. Business interruption insurance, including coverage for pandemics and other health emergencies affecting the Town. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the Contract and shall be grounds for immediate termination thereof at the Town's election. All policies shall be so written that the Town will be notified of cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment. Certificates evidencing such insurance in five (5) copies, shall be furnished to the Town at the execution of this Contract. Such certificates shall not merely name the types of policy provided, but shall specifically refer to this Contract and shall state that such insurance is as required by this Contract. The Contractor shall provide the Town with a copy of any insurance policy required hereunder at the Town's request. The Contractor shall make no claims against the Town or its officers for any injury to any of his officers or employees or for damage to its trucks or equipment arising out of work contemplated by this Contract. ARTICLE IV. GENERAL REQUIREMENTS A. Collection Routes — The Contractor shall prepare and submit to the Town a detailed written collection schedule for Refuse and Recyclables indicating streets, or portions thereof, to be collected on each day of the schedule. The written collection schedule shall be based on the collection routes provided by the Town in Attachment G. Each address shall be scheduled for collection the same day of each week, Holidays excepted. The recycling routes will be scheduled on a weekly basis in Lexington on the same day as Refuse Collection. The Contractor shall adhere to collection schedules and routes and may not change routes or schedules without prior consent of the Town. The Town reserves the right to require the Contractor to modify the collection schedule or routes for the convenience of the Town and the public and will consider requests by the Contractor for route changes based on operational or environmental considerations. The Contractor shall implement route changes no later than twenty (20) business days after notification, and changes to the collection schedule within ten (10) business days. B. Days and Hours of Operation — All Refuse and Recyclable collection shall be performed from Monday through Friday only. Collections shall be made on Saturdays only when a Holiday or, with the prior permission of the Appropriate Town Official, when adverse weather conditions interfere with the normal collection schedule. The Contractor shall not begin residential collection on any given day before 7:00 A.M. and such collection shall not be continued after 5:00 P.M., except for occasions when the Contractor is forced to continue collection due to weather, heavy volumes of waste, or mechanical problems. The Contractor shall maintain consistency in the pick-up hours for each district in the Town whenever possible. C. Holidays — Whenever a scheduled collection falls on a Holiday the collection schedule will shift one day for all collections so that collection routes will remain the same but residents will have their Refuse, Recyclables, and yard waste collection one day later than their normal collection day for that week for collection days following the Holiday. D. Other Conditions — Permission of the Appropriate Town Official must be obtained before cancellation of collection services, in whole or in part, on any day for which collections are scheduled. The Appropriate Town Official may permit the cancellation of collection services on said day due to adverse weather conditions, but the Contractor is expected to be capable of mitigating most adverse weather conditions without needing to cancel services. Adverse weather, extreme cold temperatures and snow shall not be considered sufficient reason for not collecting Refuse unless a state of emergency has been declared. E. Routes — The Contractor shall comply with acute changes in directions, routes, or order of collections that may from time to time be provided by the Appropriate Town Official, no later than twenty-four (24) hours in advance. The Appropriate Town Official may also require the Contractor to change the type of vehicles and equipment, or the method by which they are maintained, and such matters as the Town deems necessary to protect public health and ensure adequate Refuse and Recyclables collection services. The Contractor shall contact the Appropriate Town Official in person or by telephone each collection day in order to receive any special directions and any complaints. F. Compliance with Applicable Laws — The Contractor shall comply with all applicable statutes, bylaws, rules, and regulations, including, without limitation, those issued or that may be issued by the Town, the Town's Board of Health and the Massachusetts Department of Health. G. Operation of Vehicles — The Contractor shall ensure that caution is used in the operation of all vehicles and shall specifically instruct all drivers and other personnel of the following restrictions and requirements: • Collection vehicles shall not obstruct or block passage of other motor vehicles, except during collection of a Container. • Collection vehicles shall not be operated in reverse unless absolutely necessary, e.g., in the case of a dead-end street with no turn -around. • Each vehicle shall be equipped with all safety equipment required by state, Federal or local law. • Each vehicle shall be equipped with equipment to maximize the safety of pedestrians and bicyclists. • Operating vehicles in reverse is prohibited if children are in the area. • Collection vehicles shall be inspected daily by the Contractor to ensure that all safety equipment, including back-up alarms and warning lights, are operating properly. H. Licensing — Contractor, at its sole cost and expense, shall maintain throughout the term of this contract all permits, licenses and approvals necessary or required for Contractor to perform the work and services pursuant to this contract. The Contractor shall ensure that all drivers are properly licensed and trained to operate collection vehicles in accordance with State and Federal regulations and shall require that all drivers periodically produce their licenses for examination by the Appropriate Town Official throughout the term of the Contract. Employee Conduct — The Contractor is in regular contact with the Town's residents and businesses. As such, the Contractor and its employees, subcontractors, or anyone else acting on its behalf must act in a courteous and respectful manner at all times, and shall provide customer service consistent with Paragraph T below. All employees and subcontractors shall conduct themselves appropriately towards all members of the general public. Rude and offensive conduct, including foul and abusive language, shall not be tolerated. The Town may require that an employee behaving inappropriately be removed from collection routes and other activity in the Town under this Contract. The Contractor roust provide each employee with proper training, instructions and materials to assure the employee understands, and can communicate to the residents, about acceptable and non -acceptable material for Refuse and Recycling Collection, including any special preparation requirements for setting out material for recycling. Uniforms — The Contractor must furnish each collector with an appropriate uniform identifying the collector as an employee of the Contractor. The uniform need not be a complete set of clothing but must be sufficient to ensure easy identification. The Contractor's employees are required to wear the uniform at all times while on duty. All collection employees must wear a reflective safety vest with the name of the Contractor affixed. Regardless of uniform, shirts must be worn at all times. The Town reserves the right to require a change to the uniform furnished by the Contractor. K. Spilled Refuse — Refuse that has been collected by the Contractor shall not be permitted to remain on public or private ways or on private property. Refuse that has accidentally spilled during collection or transportation, shall be immediately picked up by the Contractor and removed. The Contractor must carry tools on the truck for the proper removal of spilled debris or liquid waste. To minimize complaints and to help generate clean Recyclables, the Contractor shall attach a brightly colored non-compliance sticker on any Refuse, Recyclables, or yard waste not to be collected, with a checklist indicating the reason for not collecting and the toll free telephone number. Any of the Contractor's questions concerning collection of Refuse or Recyclables shall be directed to the Appropriate Town Official. L. Noise — The Contractor shall avoid excessive noise in the course of its operations. Barrels and Containers shall not be banged, thrown, or dropped. M. Salyayin— No person other than the Town's contractor shall scavenge or remove Recyclable materials, metal, White Goods, or other materials which have been placed at the curb for collection. N. Quantity of Collection Equipment — The Contractor is responsible for the purchase and/or leasing and maintenance and repair of all vehicles and equipment necessary to adequately and efficiently perform the contractual duties specified in this Contract. Upon execution of this contract and every year thereafter, the Contractor shall provide to the Town a list of equipment to be used by the Contractor to provide the services covered by this Contract. The list shall contain, at a minimum, vehicle identification number, license number, make and model, model year, years in service, front line or backup, payload capacity, and date of purchase or initial lease. All vehicles used in the collection and transportation under this Contract shall be of sufficient size and capacity to operate efficiently. A sufficient number of vehicles will be supplied by the Contractor to collect residential Refuse between the hours specified above and the collection schedule approved by the Town. O. Type and Maintenance of Collection Equipment — Bodies for the trucks to be used for solid waste collection shall be enclosed with a capacity of not less than sixteen (16) cubic yards by actual measurement. The bodies shall be watertight, readily cleanable and sanitary, and capable of being unloaded by dumping or automatic push -out means. The equipment shall be essentially a standard product of a reputable manufacturer, so that continuing service and delivery of spare parts may be assured. The component parts of the unit need not be a product of the same manufacturer. The body shall be so mounted that when fully loaded, the axle loading shall fall within the maximum load limit per axle as prescribed by State law and municipal code. Open body trucks may be used for bulky wastes only. Solid waste materials which may blow or spill will not be allowed in open body trucks under any circumstances. All equipment used for the collection and transportation of Refuse shall be thoroughly cleaned both inside and outside, at least once each week and sprayed with such deodorizing material as may be deemed necessary by the Town. All equipment used by the Contractor shall be subject to inspection for sanitation, safety, and appearance, and subject to approval or rejection by the Town at any time. Rejected equipment will be replaced by the Contractor as soon as reasonably possible. P. Garage or Yard for Equipment — The Contractor shall provide a garage and yard for its equipment which are adequate and sufficient to provide all weather, year-round operation. The Contractor shall make adequate provision for maintenance and prompt repair of Contractor's equipment. Q. Care of Citizens' and Municipal Property — The Contractor shall handle Refuse and recycling receptacles with care so that they will not be damaged. After receptacles are emptied, they should be left right side up and in the approximate place where found. When in the judgment of the Town, Refuse receptacles belonging to residents of the Town are damaged or destroyed by employees of the Contractor such receptacles shall be replaced forthwith by the Contractor at the Contractor's expense. The Contractor will take adequate precautions to protect all residential, municipal, and commercial property, (including buildings, shrubs, lawns, pavement, vehicles or other items or areas that are within school and other public boundaries) from any damage and will be responsible for any such damage caused a result of this service. R. Automated Service — If automated collection services are implemented, the Contractor shall purchase, assemble, supply and maintain Wheeled Carts, anticipated to have a capacity of at least 64 gallons, for the collection of Refuse to all participating households prior to the start of service, and Wheeled Carts with a capacity of at least 95-96 gallons, for the collection of Recyclables to all participating households prior to the start of service. The color of the Wheeled Carts will be approved by the Town prior to purchase. Contractor shall provide specifications about the type of Wheeled Cart being proposed. All Wheeled Carts provided by the Contractor shall include a secured lid, Town seal, recycling information, serial number, and be fully warrantied and become the property of the Town at the conclusion of the Contract term, provided the Town does not terminate the contract for convenience prior to the conclusion of the Contract term, in which case the Town shall pay the Contractor the agreed upon unamortized value of the Wheeled Carts. The warranty on the Wheeled Carts shall carry over to the Town at the end of the Contract period. The Town recognizes that if a decision is made to convert to automated collection of Refuse, Recyclables or both, it will require substantial lead time for the Contractor to purchase, assemble and supply Wheeled Carts and add automated collection vehicles. By November I" of any year of the term of this Contract, the Town shall notify the Contractor if it elects to exercise its option under Article VI of this Contract effective July 1 the following year. If the Town exercises its option under Article VI on or after ([DATE]), Attachment L to the Contract Documents shall include pricing for additional years to allow for the five year amortization of automated collection equipment, on such terms and at such prices as the Town and Contractor mutually agree. Nothing in the contract shall restrict the right of the Town to minimize the amount of solid waste, including Recyclables, generated in the Town S. Level of Service — The Contractor shall provide a level of service consistent with the requirements provided in the Contract Documents. These procedures include but are not limited to the collection and disposal of all items currently collected by the Town including but not limited to White Goods. To support State waste reduction goals and improve efficiencies, the Town may make additional changes to the level of service, including: • Implementation of pay -as -you -throw or similar metering program. • Limiting the amount of waste to be picked up by controlling the number or size of Containers. • Implementation of curbside composting pick-up by a third party. • Reducing solid waste pick up to every other week, i.e. in combination with waste reduction from a food waste pick up program. • Implementation of programs for the collection of Bulky Items or other materials which are currently collected by other entities under contract with the Town. 0 Participating in waste or recycling audits T. Customer Service — The Contractor shall provide full customer service for Refuse and recycling collection, including customer service associated with any questions or complaints. The Contractor shall display the name of the Contractor, the address of its local office, company website and customer service email address and the toll-free telephone number on each vehicle along with the vehicle number. The Contractor's name, address, company website and phone number shall be lettered at least ten (10) inches high and easily visible to the public on each vehicle. The vehicle number shall be at least ten (10) inches high. The words "Town of Lexington" shall also be prominently displayed on the vehicle. The Contractor shall maintain adequate personnel at a business office to answer telephone calls and e-mails throughout the day between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. These personnel shall receive and log all calls and e-mails from town departments, residences and establishments in the Town in a courteous and polite manner and shall resolve all complaints in an expeditious manner. A copy of the log of these call and e- mails must be provided to the Town monthly, or at the Town's request. That office shall have a two-way radio or other wireless communication capability to contact the Route Manager and/or collection vehicles at all times. The Contractor or the Route Manager will contact a Town employee designated by the Appropriate Town Official at least once each day via phone, email, or in person with a progress report. All complaints received by said office before 2:00 p.m. will be acted upon forthwith by the Contractor, and in any event, before 4:00 p.m. on that day. The Route Manager's vehicle will be equipped with communication capability to ensure efficient communications with collection vehicles at all times. U. Non -Performance — Whenever, in the Town's judgment, the Contractor has failed to perform according to this Contract, the Town shall notify the Appropriate Town Official in writing, detailing the non-performance and citing the specific section of the Contract and/or specifications. The Town shall have the power, if the Contractor is habitually (more than one occasion per month) collecting waste after 5:00 P.M., to order the Contractor to increase the number of vehicles, at no additional cost to the Town, if in the Town's judgment such an increase is necessary for the fulfillment of the Contract requirements. If after receipt of such order, the Contractor continues to fail to complete collections prior to 5:00 P.M. within ten (10) days, or fails to respond with adequate reason why the increase is not necessary in the same ten (10) days, such failure shall constitute a breach of this Contract, and the Contractor shall, without limitation of any other right of the Town under this Agreement or otherwise, pay in the form of liquidated damages the sum of one thousand ($1000.00) dollars for each day that the Contractor fails to comply with such order, said damages to be imposed for each additional truck ordered by the Town but not placed in service by the Contractor. The liquidated damages amount is the estimated cost to the Town for the additional hours of operating landfills, transfer stations, and other aspects of waste disposal. Alternatively, if the Contractor does not resume compliance within ten (10) days, the Town may terminate the Contract and exercise its rights under the Performance Bond. The Town shall be entitled to payment by the Contractor for the amount of liquidated damages, if any, that exceed the amounts due the Contractor from the Town. V. Annual Refuse and Recycling Calendar — The Town shall prepare an annual calendar at least one (1) month prior to the beginning of each fiscal year. The Contractor shall cover the cost of production and distribution of said calendar to all customers. W. Private Accounts, Weighing of Trucks — If the Contractor is to do any private work in the Town, such as providing collection services for commercial or industrial routes, a special truck with an identifying non -removable mark approved by the Appropriate Town Official must be used for such work. X. Vehicle Identification and Procedure — All trucks assigned to pick-up pursuant to a contract with the Town will, at all times, be specially marked as required by the Appropriate Town Official. Trucks shall begin their routes empty and shall pick up no other wastes under private contracts or contracts with municipalities other than the Town while so engaged. Without limitation of any other right under this Agreement or otherwise, violation of this requirement will be considered a material breach of the Contract entitling the Town to terminate the contract and to call upon the Performance Bond under the Contract to cover any additional costs incurred in contracting with and employing a substitute Contractor. All trucks used for Refuse or Recyclables collection under this Contract shall enter the Town empty at the beginning of the day. The Contractor will cause all trucks containing Refuse, when the work of filling the vehicle has been completed; to be immediately removed outside the limits of the Town to the Win Waste Innovations Waste -To -Energy (WTE) facility in North Andover or corresponding disposal facility, pending approval from the Appropriate Town Official. The Contractor must obtain daily weight slips from the WNA facility or other, and must attach a copy of the weigh slips to the monthly invoice. The Appropriate Town Official may direct up to ten percent of Contractor's trucks to weigh in and/or out at the beginning/end of the route at a scale at to be designated by the Towns. ARTICLE V. PAYMENTS TO CONTRACTOR A. Payment Schedule — The Town will pay the Contractor monthly payments based upon 1/12 of the Annual Lump Sum Payment for Refuse, Recyclables, White Goods and yard waste components. Payments in whole or in part will be made for the faithful performance of this contract, less, any liquidated damages for noncompliance, as described in Article XI. B. Invoices— The Contractor shall submit invoices within ten (10) days after the end of the previous month for the work performed during the preceding month. These invoices shall be informational. Payment shall be made based on the Payment Schedule in Article V (A), not the basis of particular invoices. Unless otherwise directed by the Town, each monthly invoice shall include a copy and summary of all Refuse, Recyclables, and Leaf and Yard Waste weight slips, a report of the addresses and number of dumpsters collected under this contract and a copy of the log of customer complaints and the information required in Article V.D. C. Pricin — The pricing for services under this Contract shall be as set forth in Attachment L. D. Recyclable Price Per Ton — The Contractor shall, on a monthly basis, provide the Town with the composition of the Recyclable materials collected by commodity and apply the market value for the commodities to determine the blended value per ton of processed Recyclables. The blended value means the average price received or paid by the designated facility during the month of delivery of Single Stream Recyclables. The Contractor must list the publication or website from which it intends to obtain commodity values used to establish the blended value per ton. Revenue received will be deducted from the baseline recycling process per ton fee resulting in a net charge or rebate to the Town. A sample monthly Recyclable Price Per Ton report is included as Attachment J. Without limitation of any other right under this Agreement or otherwise, the Town shall be entitled to withhold payment and to terminate this Agreement for failure to comply with this Agreement. E. Recyclinp- Audit — Generating clean Recyclables is a priority of the Town and benefits all stakeholders. An audit to determine the composition and quality of the Town's Recyclables will be conducted within six months of the contract start date. The audit must meet ASTM standards or equivalent (as applicable for Recyclables). Municipal officials must be present to observe the audit unless it is conducted by an independent third party agent agreed to by the Town, the Contractor and the recycling facility. Additional audits may be conducted at no cost at the request of the Town up to two times per contract year to reassess the composition and quality of Recyclables collected. The Town agrees to implement formal enforcement and educational actions in collaboration with the Contractor to reduce contamination of Recyclables. ARTICLE VI. SERVICE OPTIONS The Town shall have the option to convert to automated collection of Refuse, Recyclables, or both starting after the first year of this Contract, with the notice described in Article IV.R. The Town shall have the option to create a separate Bulky Item collection service involving the use of tags, reservations, or similar form of ad hoc collection services. The Town expects that Bulky Item collections will occur no more than once per week. Notwithstanding the status or existence of the Town's Bulky Item collections, Bulky Items shall be accepted at [ ] during regular business hours for residents who are able to transport such Bulky Items themselves. ARTICLE VIL INSPECTION AND REPORTS The Town shall have the right at any time during normal hours of operation to inspect the equipment and premises of the Contractor, including the right to enter upon any property owned or occupied by the Contractor, whether situated within or beyond the limits of the Town. Within three (3) calendar days of a request from the Town, the Contractor shall furnish to the Town full and complete written reports of its operations under this Contract in such detail and with such information as the Town may request. ARTICLE VIII. EMPLOYEES TO BE COMPETENT The Contractor shall employ only competent persons to do the work. Whenever the Town Manager shall notify the Contractor that any person on the work is, in the Town's opinion, not competent, discourteous, disorderly or otherwise unsatisfactory, such person shall be discharged from the collection services operations for the Town under this Contract, except with the consent of the Appropriate Town Official. ARTICLE IX. PROTECTION AGAINST LIABILITY The Contractor acknowledges and agrees that he is responsible, as in independent Contractor, for all operations under this Contract and for all acts of its agents, subcontractors, or employees hereunder, and agrees that he will defend, indemnify and hold harmless the Town and its officers, agents, boards and employees from any loss, damage, cost, charge, expense and claim whatsoever, including without limitation, any claim made under any law, rule or regulation regarding the collection, transportation, use, and disposal of solid waste, hazardous waste, oil or Recyclables, which may be made against it or them, or to which it or they may be subject by reason of any alleged act, action, neglect, omission or default on the part of the Contractor or its agents, subcontractors or employees and will pay promptly on demand all costs and expenses of the investigation and defense thereof, including attorney fees and expenses for counsel acceptable to the Town, and if any claim is made, the Town may retain out of any payments, then, or thereafter, due to the Contractor a sufficient amount to protect itself completely against such claim, cost and expenses. The Contractor agrees that if at any time during the term of this Contract the Town determines that the Contractor is negligently, recklessly, or otherwise improperly performing the work or any part thereof, or is unable to the satisfaction of the Town to perform the same, or is not complying with the direction of the Town, or with the regulations or orders of the Board of Health or any other Town board with adequate jurisdiction, or is otherwise failing to perform this Contract in accordance with all of its terms and provisions, or is disposing of the Refuse without a permit therefore in any municipality that requires such a permit the Town may, at its election, terminate this Contract by giving ten (10) days' written notice thereof to the Contractor specifying the effective date of such notice and upon the date so specified, Contract shall terminate, unless the reasons for the termination have been corrected by the Contractor. ARTICLE XI. PAYMENT FOR DAMAGES The Contractor shall pay to the Town all expenses, losses and damages, as determined by the Town, incurred in consequences of any misfeasance, malfeasance, omission, or mistake of the Contractor or its employees or the making good thereof. It is further agreed that damage to the Town will result from a failure by the Contractor to collect Refuse or Recyclables from each building, clean up spilled Refuse, maintain clean vehicles, or furnish a collection and disposal schedule, therefore, the Contractor agrees to pay and the Town agrees to accept the following amounts as liquidated damages as determined by the Town; provided, however, that nothing herein shall be construed to limit the Town's rights to collect actual damages that are in excess of the liquidated damages specified below or otherwise abridge the Town's rights and remedies with respect to Contractor's breach of this Contract. A. Failure to clean up spilled Refuse/Recyclables or other materials ...........................$250 B. Use of collection vehicle that is operated in conjunction with this contact for the collection and/or haul of Refuse/Recyclables other than provided for under the provisions of the Contract...................................................................................$5,000 C. Collection of as Refuse, those Recyclable materials appropriately put out for recycling or other related waste ban infractions.................. $25 0 D. Collecting Refuse from addresses that are not eligible participants in the municipal Refuse/recycling program......................................................................... $200 E. Willful mishandling of Wheeled Cart/Containers, including placement of said items such that they obstruct roads, driveways, vehicles, or mailboxes ................................ $100 F. Failure or neglect to provide, replace or repair a Wheeled Cart or Container within 48 hours................................................................................................ $100 G. Failure by Contractor to call / contact the Town prior to the end of a work day to receive and respond to any complaints before the collection vehicles leave the Town .......... $100 H. Failure to finish any single collection route by 5:OOPM.....................................$250 Acceptance by Contractor's personnel of a gratuity from any person in Town......... $100 J. Failure to report a spill, accident or property damage within twenty-four hours................................................................................................ $100 K. Failure to clean vehicle or conveyances as provided for in the specifications ........................................................................................................$100 L. Failure or neglect to collect Refuse, Recyclables, and yard waste placed at curbside before the daily collection time as provided by this Contract within twenty-four hours of that collection time................ .....................................................................$100 M. Failure or neglect to furnish a schedule or a revised schedule of collection and disposal .........................................................................................................1 $ 00 N. Continued violation of traffic laws, ordinances or regulations during collection and transportation after written notice from the Town ............................................ $100 O. Failure to respond to a request for increase in vehicles in accordance with the provisions ofthis Contract.............................................................................................$1,000 P. Disposal of Unacceptable Waste in with solid waste .....................................$1,000 All damages referred to in this section may be deducted by the Town from any payment then or thereafter due to the Contractor. The Contractor shall pay to the Town any damages due to the Town that exceed the amounts of payments due from the Town to the Contractor. ARTICLE XII.LAWS AND REGULATIONS Contractor shall comply with all Federal, State, and local laws and regulations in its performance of work under this Contract. The Contractor shall keep itself fully informed of all State and Federal Laws, and municipal bylaws and regulations and of all such orders and decrees of judicial or administrative bodies that affect its work under this Contract. If any discrepancy or inconsistency is discovered in the specifications or Contract for this work in relation to any such law, bylaws, regulation, order or decree, the Contractor shall forthwith report the same to the Town in writing. The Contractor shall at all times observe and comply with, and shall cause all of its agents, subcontractors and employees to observe and comply with all such existent and future laws, bylaws, regulations, orders and decrees; and shall protect and indemnify the Town and the Board of Selectman and their officers and agents against any claim or liability arising from or base on the violation of any such law, bylaw, ordinance regulation, order or decree, whether by the Contractor or agents subcontractors, or employees. Any additional costs associated with Contractor's compliance with applicable Federal, State and local laws shall not be chargeable to and payable by the Town and shall not cause an increase in the payments otherwise due to the Contractor. ARTICLE XIII. RESPONSIBILITY FOR LABOR AND MATERIALS The Contractor agrees that it will pay for all labor performed or furnished, and for all material used or employed, and for the rental or hire of vehicles, power shovel, tools and other appliances and equipment used or employed in the carrying out of this Contract, and shall pay all persons who contract with the Town for labor and materials on account of the work herein contemplated and that he will furnish the Appropriate Town Official at his or her request with satisfactory evidence that all persons who have done work or furnished anything under this contract and all claims of private corporation or individuals for damage of any kind caused by the construction of said work have been fully paid or satisfactorily secured and, in case such evidence is not furnished, the Town may cause to be retained out of any amount due the Contractor sums sufficient to cover any such unpaid claims. The Town may cause any moneys retained or to become due to be held and applied to the payments for labor or materials for which security is required under the provisions of law. ARTICLE XIV. PERFORMANCE BOND The Contractor shall furnish for the term of this Contract, a bond in a form approved by the Town and, with a surety company authorized to do business in the Commonwealth of Massachusetts, conditioned upon the Contractor fully performing all its obligations under this Contract. The sum of the bond shall be 100% of the annual amount of the Contract, which shall be renewed, for each of the contract years. The bond shall be delivered to the Town at the time of execution of this contract. Performance bond renewal each year shall be executed 30 days prior to July 1 of that year. Failure to provide performance bond requirements shall be a material breach of this Contract and cause to terminate this Contract. ARTICLE XV. FORCE MAJEURE Neither the Contractor nor the Town shall be liable for the failure to perform their duties if such is caused by a circumstance not within the reasonable control, directly or indirectly, of the party affected, but only if and to the extent that: (a) Such circumstance, despite the exercise of reasonable due diligence, cannot be or be caused to be prevented, avoided or removed by such party; (b) such event is not due to such party's negligence or intentional misconduct, (c) such event is not the result of any failure of such party to perform any of its obligations under this Agreement; (d) such party has taken all reasonable precautions, due care, and reasonable alternative measures to avoid the effect of such event and to mitigate reasonably the consequences thereof; and (e) such party has given the other party prompt notice. Subject to the foregoing conditions, such events may include: (a) Strikes or other labor disputes, other than strikes or labor disputes solely by employees of the affected party or as a result of such party's failure to comply with a collective bargaining agreement; (b) significant natural disasters (e.g., wildfires, tsunamis, earthquakes, tornadoes, hurricanes); (c) national or state health states of emergency (including epidemics and pandemics); and (d) riot or civil unrest and the actions of third parties that our outside of the control of such party; provided, that such circumstances shall not include any inability to make any payments that are due hereunder or to any third party, to procure insurance required to be procured hereunder, and reasonably predictable and not extreme weather conditions. Contractor may not interrupt the regular schedule and quality of service because of street repairs or closures unless prior approval of such schedule change is given by the Appropriate Town Official. A Change in Law, as described in Article XVI is not a_force majeure event. ARTICLE XVI. CHANGE IN LAW Any amendment, modification, or suppression of any applicable law, regulation or bylaw affecting the Contractor's performance under the terms and conditions hereof, and Contractor's compliance with such resulting law, regulations, or bylaws shall not be deemed breach of this agreement or a force majeure event. Any additional costs associated with Contractor's compliance therewith shall not be chargeable to and payable by the Town. ARTICLE XVII. ALL CONTRACTS SUBJECT TO APPROPRIATION This Contract, and its extension beyond the current fiscal year, is subject to adequate financial appropriations for the Town's financial obligations herein.. If the Town does not provide adequate financial appropriation, the Contractor may terminate this Contract effective as of notification of such lack of appropriation by the Town. The Contractor agrees that a lack of appropriation is not a breach of contract, and that the Town shall not be liable to the Contractor due to such lack of appropriation. ARTICLE XVIII. SALES TAX EXEMPTION The Town is exempt from State Sales Tax and shall not be responsible for paying any such taxes in connection with this Contract. ARTICLE XIX. PREVALING WAGE RATES The Contractor shall comply with all applicable provisions of Massachusetts prevailing wage laws. The rate schedule and the appropriate regulations relating to the subject law will be upheld and in force for all contracts set by the Contractor and the Town. The current prevailing wages are provided as Attachment E. Contractor shall be responsible for paying the then applicable Prevailing Wage at all times during the term of this Contract. The Contractor shall determine whether or not its business falls under any of the wage rates categories and shall set its contract prices accordingly. The Town will make available copies of the latest edition of the prevailing wage rates as determined by the Department of Labor and Industries upon request. ARTICLE XX. ASSIGNMENT OR ORGANIZATION CHANGES The Contractor shall not assign the Contract nor sublet it in whole or in part, or delegate any of the work to be performed to any other person, firm, company, corporation, or organization without the prior written permission of the Town, which consent may be withheld in the Town's absolute discretion. The Contractor shall not assign any monies due, or to become due to it under this Contract, without the previous written consent of the Town. The bankruptcy, takeover or merger, outright purchase, majority stock purchase by another organization, or other change in ownership or status of the Contractor, or any assignment for the benefit of creditors, shall, at the election of the Town: (a) Terminate this Contract; or (b) Fully obligate the newly formed organization, corporation and/or legal entity to fulfill all terms and conditions of the Contract, and to perform or supply items in accordance with the specifications or descriptions contained herein. Failure of any subcontractor to perform shall not relieve the Contractor of its obligation to fulfill the terms and conditions of the Contract as set forth herein. ARTICLE XXI. SEVERABILITY Should one or more of the provisions of this Contract be held by any to court to invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Contract. IN WITNESS WHEREOF, this Contract is executed under seal as of the day and year aforesaid. The Town of Lexington, Massachusetts: James Malloy, Town Manager Date: Approved as to Appropriation: Carolyn Kosnoff, Town Finance Director Contractor: Capital Waste Services, Inc .r4'k, -it Joe Ricupero, Corporate Officer Date: Attachment H — Non Collusion Certification IN WITNESS WHEREOF, the undersigned certifies, under the pains and penalties of perjury that: 1. It is in Mulpliance with all of the provisions, and shall remain in compliance with the provisions for the life of any Contract resulting koin this solicitation, That the bidder is qualified to perform any such Contract and possesses, or shall obtain, all requisite licenses and permits to complete perforruance; shall maintain all unemployment, workers' compensation,, professional and personal liability insurance policies sufficient to cover its performance under any such Conn act; and shall comply with relevant prevailing wage rates and unemployment laws. 2. To, the best of its knowledge and belieflias paid all local taxes, tax titles, utilities, motor vehicle excise taxes, water and wastewater bills to the'rown of Lexington as required by law. 3. To the best of its knowledge and belief has filed all State tax returns and paid all State taxes required by law, and has complied with reporting of employees and contractors, and withholding and remitting of child support (MGL c.62C, s.49A). 4. Pursuant to MGL c.30B s.10 (or c.30 s.39M), this bid or proposal has been made in good faith and without collusion or fraud with any other person. As used in this paragraph, "person" shall mean any natural -person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. Corporate Officer (Typeftint) fly S) )win id or Proposal W, n7o,�( BY e 5FTicei Corporate Name (Full Business iganie) §;C I:iSe Urity or federal Tax rD# 13, co orate0f firer Sign) o State f I) State o, Business (DBA) Registration Approval of a contract, or other agreement, will not be granted unless the applicant signs this certification form. You're Social Security number or Federal Tax Identification number Will be furnished to the Mass4clk"setts Department of Revenue (DOR) to detervoine whether you have met tax filing or tax payment obligations. The Town of Lexington is required to furnish a list to the DOR at the end of its fiscal year, showing the vendors to whom more than $5,000 is paid during the twelve months, ending June 30. Providers who fail to correct their Ron -filing or delinquency, will not have a contract or other agreement issued or extended. This request is made under the authority ofMassachusetts General Laws, c.62C, s.49A (A0489664.2 ) Attachments: A: Lexington Refuse, Recyclables and Yard Waste Tonnage B: Breakdown of Eligible Residential Units C: Schedule & Containers for Multi -family, Apartment, and Condominium Units D: Refuse Collection Schedule for Municipal Buildings & Schools E: Lexington Prevailing Wage Rates F: 2022-2023 Annual Refuse & Recycling Flyer G: Curbside Monday -Friday Collection Route Maps H: Non Collusion Certification I: Letter of Commit and Supporting Documents (Pricing, Description of Service, and all other Contractual Documents) J: Sample Blended Market Value Sheet K: Unacceptable Waste L: Pricing Attachment A: Lexington Tonnage Lexington Refuse, Recyclables, Yard Waste Tonnage History # of White Single Stream Yard Waste Year Refuse Tons Goods & Metal CRTs Tons Tons Tons Items FY18 8,322 4,040 728 26 1,604 FY19 8,368 3,857 784 24 1698 FY20 8,387 3,851 656 22 2108 FY21 9,083 3,837 712 20 1890 FY22 8,957 3,527 656 11 2020 Attachment B: Lexington Total Households TOTAL TRASH RECYCLE LEXINGTON ELIGIBLE UNITS # OF # OF # OF # OF INCLUDED: STRUCTURES UNITS UNITS UNITS 9,058 9,058 SINGLE FAMILY 9,058 9,058 TWO 304 152 304 FAMILY 152 33 11 33 THREE FAMILY 11 53 53 53 MULTIPLE USE & MISC. 53 APTS, CONDOS, PUBLIC HOUSING 2,084 1,680 2,084 TOTAL HOUSEHOLDS 11,532 10,954 11,532 Attachment C: Schedule & Containers for Multi -family, Apartment, and Condominium Units Complex Name # Units Refuse Frequency Recycling # Units Frequency Battle Green Apts. 94 Barrels/bags curb Once p/week Set -out recycle bins 94 Once p/week Center Village 26 Barrels/bags curb Once p/week Set -out recycle bins 26 Once p/week Countryside Manner 51 Barrels/bags curb Once P/ -week Set -out recycle bins 51 Once p/week Drummer Boy Condos 150 Barrels/bags curbside Once p/ -week Set -out recycle bins 150 Once p/week E.Village Condos 20 Barrels/bags curb Oncep/week Set -out recycle bins 20 Oncep/week Emerson Gardens Condos 140 Barrels/bags curbside Once p/week Set -out recycle bins 140 Once p/week Fiske Common Condos 45 Barrels/bags curbside Once p/week Set -out recycle bins 45 Once p/week Hancock School Condos 18 (2) 2cu/yd dumpster Once p/week 4 wheeled -carts 18 Once p/week Hollow Lane 7 Barrels/bags club Once p/week Set -out recycle bins 7 Once p/week Journey's End 8 Barrels/bags club Once p/week Set -out recycle bins 8 Once p/week Lexington Court 36 Barrels/bags curb Once p/week Set -out recycle bins 36 Once p/week Locke Village Condos 56 (4) 2 cu/yd dumpster Once p/week 5 wheeled -carts 56 Once p/week Minuteman Village Condos 47 (1) 10 cu/yd dumpster Twice p/week Set -out recycle bins 47 Once p/week Minuteman Village Apts. 40 (1) 10 cu/yd dumpster Twice p/week Set -out recycle bins 40 Once p/week Muzzey School Condos 59 (1) 10 cu/yd dumpster Twice p/week 1 SS 10 container 59 Once p/week Morrow Crossing 21 Barrels/bags curb Once p/week Recycle bins 21 Once p/week Parker Manner School Apts. 21 (1) 10 cu/yd dumpster Twice p/week 8 wheeled -carts 21 Once p/week Potter Pond Condos 114 Barrels/bags curbside Once p/week Set -out recycle bins 114 Once p/week Pine Grove Village 16 (1) 10 cu/yd dumpster Once p/week 6 wheeled -carts 16 Once p/week Robinson Rd. Condos 12 Barrels/bags at curb Once per week Set -out recycle bins 12 Once per week Russell Square Condos 16 Barrels/bags curbside Once p/week Set -out recycle bins 16 Once p/week Turnbtury Hill 7 Barrels/bags clubs Once p/week Set -out recycle bins 7 Once p/week Wachusett Ridge Condos 12 Barrels/bags at curb Once per week Set -out recycle bins 12 Once per week Woburn Street Complex 51 (6) 2 cu/yd dumpsters Twice p/week 25 wheeled carts 51 Once p/week Other misc 53 Barrelsibags curbs NA Set -out recycle bins 53 Once p/week Sub -Total 1,120 Sub -total 1,120 Lex Public Housing Authority Countryside Vilg, 0 NA NA 7 carts or SS container 60 Once p/week WR Greeley Vilg 0 NA NA 8 cu.yd. SS container 100 Twice p/week Vynebrook Vilg. 0 NA NA 8 wheeled -carts 48 Once p/week Non-profit/religious entities 0 NA NA 25 wheeled carts 30 Once p/week Franklin School 0 NA NA 6 wheeled -carts 38 Once p/week Katandin Woods 0 NA NA 3 SS Scu.yd dumpsters 128 Twice p/week Sub -Total 0 Sub -total 404 Multi -unit complexes using compaction units Avalon Lexington Ridge Drive 199 18 etibic yard Compactor Once p/week 30 wheeled -carts 199 Twice p/week (see NOTE) Lease Brookhaven Facility 267 30 cu. yd. compactor lease Once per/week 35 wheeled -carts * 267 Twice times (see NOTE) p/week Sub -Total 560 Sub -total 560 Total Trash units 1680 2084 Total Recycle units Attachment D: Schedule & Containers for Municipal Buildings & Schools Municipal Site Address # of Dumpsters Size of Trash Dumpsters Collection Frequency Roll- otfs Public Services Facility 201 Bedford St 1 10 cubic yard Dumpsters once p/week Thursday Central Fire Station 45 Bedford St. 1 10 cubic yard Dumpster once p/week Town Hall 1625 Mass Ave. 2 2 cubic yard Dumpster M & F Police Station 173 Bedford St. 1 2 cubic yard Dumpster Thursday Cary Library Mass. Ave 1 8 cubic yard dumpster Tuesday East Lexington Fire Station 735 Mass Ave 2 2 cubic yard Dumpster Monday Community Center Marrett Road 1 8 cubic yard dumpster Monday & Friday Visitor Center Mass Avenue 1 2 cubic yard Dumpster Tuesday Lex Children's Place 20 Pelham Street 2 2 cubic yard Dumpster once per week Lex. Compost Facility 60 Hartwell Ave. 1 (1) 30 cu.yd roll -off once per 7 - 10 days 2 Cemetery Office 1 6 cubic yard dumpster one per week Bowman Philip road 1 10 cubic yard Dumpster M -W- F Bridge 55 Middleby Rd 1 10 cubic yard Dumpster M W F Clarke Middle Stedman Rd. 2 10 cubic yard Dumpster M W F DPF Central Facility Maple Street 1 10 cubic yard Dumpster M & F Diamond Middle 99 Hancock St. 2 10 cubic yard Dumpster M W F Estabrook 117 Grove St 1 10 cubic yard Dumpster M W F Fiske Colony Rd. 1 10 cubic yard Dumpster M W F Harrington Maple Street 1 10 cubic yard Dumpster M W F Hastings 2618 Mass. Ave. 1 10 cubic yard Dumpster M W F High School loading dock 251 Waltham St 2 10 cubic yard Dumpsters —every day M -F High School Building #4 & 5 251 Waltham St 2 10 cubic yard Dumpsters Twice p/week High School Building # 251 Waltham St 1 6 cubic yard Dumpster once p/week Totals 30 2 Other Town Areas Address # of trash barrels Type of Container Collection Frequency - Town Center Both sides of Mass Ave. 32 50 Gal. trash barrels M - F Town Center Mass. Ave. 8 Big Belly trash & Recycle Units M & F Town Center Field Clarke Street 12 96 -gallon recycle totters Tu. & F Attachment E: Lexington Prevailing Wage Rates Awarding Authority: Town of Lexington Contract Number: City/Town: LFXrNGTON Description of Work: Curbside collection of refuse and recyclables Job Location: 1625 Massachusetts Ave, Lexington, MA 02420 Information about Prevailing Wage Schedules for Awarding Authorities and Contractors • The wage rates will remain In effect for the duration of the project, except In the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi- year CM AT RISK projects, the awarding authority Must request an annual update no later Than two weeks before the anniversary (late, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. The annual update requirement is not applicable to 27F "rental of equipment" contracts. The u loclated wage schedule must be provided to all contractors, including general and sub -contractors, working on the construction project. • This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the "Wage Request Number" on all pages of this schedule, • An Awarding Authority Must request an updated wage schedule if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wave schedule. for CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90 -days of the wage schedule issuance date. • The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 2 7. 1 he wag(, schedule shall be made a part of the contract awarded for the project. The wage schedule most be posted in a conspicuous place, at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub -bidder, Or a Sub- contractor, • Apprentices working on the project are required to be registered with the Massachusetts Division of Apprentice Standards (DAS). Apprentices Must: keep their apprentice, identification card on their persons during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DAS regardless of whetherthey are registered with anotherfecleral, state, local, or private agency must be paid the jou meyworker's rate. • Every contractor or subcontractor working on the construction project Most Submit weekly payroll reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years. Each weekly payroll report Most contain: the employee's name, address, Occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DI.S. For a sample payroll reporting form go to tTttp://WWW.MaS.S,gov/(J()I.S/PW. • Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire, with DLS at (617) 626-6953. • Contractors must obtain the wage schedules from awarding authorities. Failure of a contractor or SUbcontractorto pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and criminal penalties. • Employees not receiving the prevailing wage rate set forth on the wage schedule may file a complaint with the Fair Labor Division of the office of the Attorney General at (617) 727-3465. Issue Date: 05/31/2022 Wage Request Number: 20220531-023 THE COMMONWEALTH OFMASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DFPARTMENT OF LABOR STANDARDS Prevailing Wage Rates CHARLES D. BARER As deferinined by the Director under the provisions of the RMAIX;ACOSTA Massachusetts General Laws, C'hapter 144, Sections 26 to 2711 KARYN E. POIXTO NUMAE.I. FLANAGAN Lt. Govemw D.,". Awarding Authority: Town of Lexington Contract Number: City/Town: LFXrNGTON Description of Work: Curbside collection of refuse and recyclables Job Location: 1625 Massachusetts Ave, Lexington, MA 02420 Information about Prevailing Wage Schedules for Awarding Authorities and Contractors • The wage rates will remain In effect for the duration of the project, except In the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi- year CM AT RISK projects, the awarding authority Must request an annual update no later Than two weeks before the anniversary (late, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. The annual update requirement is not applicable to 27F "rental of equipment" contracts. The u loclated wage schedule must be provided to all contractors, including general and sub -contractors, working on the construction project. • This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the "Wage Request Number" on all pages of this schedule, • An Awarding Authority Must request an updated wage schedule if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wave schedule. for CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90 -days of the wage schedule issuance date. • The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 2 7. 1 he wag(, schedule shall be made a part of the contract awarded for the project. The wage schedule most be posted in a conspicuous place, at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub -bidder, Or a Sub- contractor, • Apprentices working on the project are required to be registered with the Massachusetts Division of Apprentice Standards (DAS). Apprentices Must: keep their apprentice, identification card on their persons during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DAS regardless of whetherthey are registered with anotherfecleral, state, local, or private agency must be paid the jou meyworker's rate. • Every contractor or subcontractor working on the construction project Most Submit weekly payroll reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years. Each weekly payroll report Most contain: the employee's name, address, Occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DI.S. For a sample payroll reporting form go to tTttp://WWW.MaS.S,gov/(J()I.S/PW. • Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire, with DLS at (617) 626-6953. • Contractors must obtain the wage schedules from awarding authorities. Failure of a contractor or SUbcontractorto pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and criminal penalties. • Employees not receiving the prevailing wage rate set forth on the wage schedule may file a complaint with the Fair Labor Division of the office of the Attorney General at (617) 727-3465. Issue Date: 05/31/2022 Wage Request Number: 20220531-023 Attachment E: Lexington Prevailing Wage Rates continued Classification Trash/Recycle Laborer / Driver (7A;wmste,%5 )5 -Capitol Waste� Additional Apprentice Infoiuration Effective Date BaseWage Ifealth Pension Supplemental Total Rate Unernplovinent 07/01/2021 1;30.75 $13.31 $0.00 $0.00 S44.06 07/01/2022 S31.75 $13.81 $0.00 $0.00 S45.56 07101/2023 S32.75 $14.31 $0.00 50.00 $47.06 Minimunt wage rates for apprentices employed on public works projects are listed above as a percentage of the predetermined hourly wage rate established by the Commissioner under the provj<iojrs of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by die Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss. 11E -11L. All apprentices, must be registered with the, Division of'Apprenticeship 'I mining in accordance with M G.L. c. 23, ss. I I E I IL. All steps are, six months (1000 hour,,.) Ratios are expreswd in allowable nurnbei of appieiitice5 to journeymen or fi action thereof, unless otherwis specified. Multiple ratios, are listed in tire continent field. APP toJM; 1:1,'7:2, 2:3, 3:4,4:4, 4:5,4:6,5:7, 6:7, 6:8, 6:9, 7:10, SAO, 8:11, 8:12, 913, 10:13, 10:14, etc. APP toJM; 1:1, 1:2,2:3,2:4,3:5,4:6,4:7,5:9,6:9,6:10,7:11,8:12,8:13,9:14, 10:15,10:16,etc. Issue Date: 05/31/2022 Wage Request Number: 20220531-023 Page 2 of 2 Attachment F: 2022-2023 Annual Refuse & Recycling Flyer Dear, Resideirit CD0 < Thanks to the efforts of LexlnqIDn residents, recent V, P R11 panderruc generated trash increases have di8si- Lexington Drop-off Food Waste �T U, -_J pated and nearly 4.000 tons of recyclables were A free COMMUnity food waste drop-off (pilot) rl Ir geriwarted in 2'021, Our waste reduction efforts program was established last year. Nearly 250 resi- D " I li� continue to pay benefits as demonstrated by the cents pre -registered, and dropped off food waste at ........... ....... . two drop-off flood waste bcations we established 2 locations. J, fast year. Lexington residents must pre -register For more L Like other towns, our solrd waste and recycling details and to pre-reqster, visit related service.,, are shaped by state policies estah- LI,9) _�vy a_ . �,rl, ished by the Mass DEP Looking ahead, for the Home Conniposting first dime in more than a decade, the DEP will be implementing a waste ban that impacts curbside Divert food scraps and yard waste from trash servoces, horne/backyard compost bins are available for a CN discounted price of $25 at the Hartwell Avenue Beginniing in November, 2'022, mattresses I box facility springs and textiles will be prohibited from trash ao disposal. Textile recycling collection containers are Medical Waste CoIllections E located around Town and if you are buying a Bring sharps, needles. syringes (in, original contain - replacement mattress or IbDx spring, please support ers) and expired medicine to these Board of Flealth a_ producer responsibility efforts by having the (781-698-4503) sponsored corrections, Events to The q-, company handle the disposal of the old ftem(s) held in the parking lot behind Town iHalll', 'visit' 0 U,wn for dates and! times, Along with, textiles, food waste fs another example or a material that has value but ends up ImAing Paper Shreddiniq Events 0 cis incinerated as trash, in significant quantities. Weare Have your paper securely shredded Four corrinnu., looking to expand our drop-off service and enimur- nity shred events will be held at the Hartwell Ave 0 age residents to consider joining the more than facility � Visit L for dates U 1,500 LeWnglon households currently participating m a prwite subsc6ption c:urbside food waste and times. Cr service - Cardboard c"y, M, Please take advantage of the many services Brinig oversized flattened cardboard to containers 7— r ordered in"rown and visit ln Town Flail parking lot, Grace Chapel parking lot ad Q faf updated informaii on, Thank you for your conbin- off of Worthen Road or the Hartwell Ave facility, ued efforts at reducing waste, recycling everything U possible and hfalping Lexiing Lori be a leader in sus - UxtileslClothin tib 0 �)- Z tainab[e living, Support LPS by bringing clothes, shoes and related V textiles to containers available w all public schools Cc David Pinsonneault Director Public Works and the l4artwell Ave facility, Fora detailed fist of 0 of acceptable and unacceptable iterns, visit bay_r t je�,exliles. Aa orn, Donatel Reuise CL harvey Don't just throw it away! Find ways to 'rehome Z EI `� III C) u nwanted items at L ex i r.LgImf,4A..fIov/do na re c % r- "', I, w� V*6111 Attachment F: 2022-2023 Annual Refuse & Recycling Flyer continued Leaves, grass clippings, flowers and garden plants, wood chips, pine needles, vegetation. Brush not more than 4" in diameter. + Paper compostable bags only. NO PLASTIC BAGS. ofi Remove all ornaments, tinsel, lights and other objects. + NO trees in plastic bags Clothing, shoes, sneakers, belts, purses, curtains and other cloth. + Do not need to be usable, but must be dry & not moldy. `i Books, CDs, DVDs, video games in good condition. Donated to More Than Words, MTWyouth,org * Boxes must be flattened. Maximum of three 5 -gallon buckets of material per visit - no bricks. Mercury containing items - NiCd/rechargeable, button cell batteries, CFL bulbs, thermometers, thermostats Lead acid batteries, 1 - 20 lb. propane tanks, fire extinguishers, sump pumps + 8 collection dates each year + Household cleaners, oil, gasoline and related auto products, lawn & garden chemicals, oil-based (no latex- or water-based) paints & stains, varnishes & wood preservatives, propane tanks. For dates and complete list, visit lexingtonma.gov/hazwaste Please visit lexin tarrma.ovftrash for more information, updates and events. Hartwell Avenue Hours July 1 - September 6, 2022 Monday - Friday 7:30 AM - 3:00 PM Sunday 8:00 AM - 4:00 PM September 7 - December 4, 2022 Monday - Friday 7:30 AM - 4:00 PM Saturday, Sunday 8:00 AM - 4:00 PM December 5 - December 23, 2022 Monday - Friday 7:30 AM - 3:00 PM Sunday 8:00 AM - 4:00 PM .................................................................................................................................................................. December 24 - January 2 - closed January 3 -April 9, 2023 Monday - Friday 7:30 AM - 3:00 PM April 10 - June 30, 2023 Monday - Friday 7:30 AM - 4:00 PM Saturday, Sunday 8:00 AM - 4:00 PM Check LexingtonMA.gov/Hartwell to confirm dates and hours. May be closed in bad weather - call 781-274-8300, ext. 1. Closed on legal holidays. * Boxes must be flattened. Maximum of three 5 -gallon buckets of material per visit - no bricks. Mercury containing items - NiCd/rechargeable, button cell batteries, CFL bulbs, thermometers, thermostats Lead acid batteries, 1 - 20 lb. propane tanks, fire extinguishers, sump pumps + 8 collection dates each year + Household cleaners, oil, gasoline and related auto products, lawn & garden chemicals, oil-based (no latex- or water-based) paints & stains, varnishes & wood preservatives, propane tanks. For dates and complete list, visit lexingtonma.gov/hazwaste Please visit lexin tarrma.ovftrash for more information, updates and events. Attachment F: 2022-2023 Annual Refuse & Recycling Flyer continued Silr,(viartRecyclHijrii�ig Gulde 1�1 Sj'T j a j�, t Your go -to reference for recydinq in MassdChWetts Ell J Meliall ii�aqhc IssmH Pa ell, & Food and Beverage Bottles, Jam, jugs B0 Mixed Paper, Newspaper, ��l Sand Jars Ca. arid Tubs Magazines, B- 1 P71) 2 (HUM "'d 5(PP) 'aiy N 0.1 000 � 0( Do Not Bag Recyclables No Plastic Bags No Food o'r'�IqUid No �Iothingcr L NO I Nod -bag. or Ph'stic Wrap , Recyclopedi2: Can I recycle it? 4 Use our online search tool! RecycWSin mirt,1111A,oirg + Get a blue Town recycle bin from the DPW - call 781-274-8300, ext 1 for information. 4 Place your clean recyclables separate from trash at the curb. 4 Get a recycling sticker from the DPW at 201 Bedford St. at no charge if you want to use your own container for curbside recycling. + Help the Town realize a goal of generating 4,000 tons of clean recyclables this year. * Check LexingtonMA.govlreoycle for information on what and how to recycle and updates on best management practices. For missed collections, call EL Harvey at 800-321-3002, ext 5. For general information, call DPW at 781-274-8300, ext. I or visit LexingtonMA.gov/trash YEAR-ROUND, WEEKLY, BY APPOINTMENT You must call EL Harvey at 800-321-3002 and schedule the following items for pickup: -in Electronics: TVs, monitors, computers, key- boards, DVD players, etc. White Goods: Appliances such as refrigerators, air con- ditioners, clothes washers & dryers, stoves, microwaves, freezers, water heaters and dehumidifiers. Scrap Metal: Large items like a bike, filing cabinet, desk, grill (NO propane tank), metal box spring, wood stove. YEAR-ROUND, WEEKLY Food scraps composting Have your food waste turned into compost, To enroll in this private subscription service and to find out how to get a compost cart at no charge from the DPW, visit LexingtonMA.gov/foodrom-posting Textile Recycling FREE PICK UP of Textiles by CMRK Inc. You can schedule a free home pick up of clothing, shoes, and small household items. Call or text PICKUP to 508466-4590. SEASONAL Check for dates at LexingtonMA.gov/trash Yard Waste: leaves, grass, plants, wood chips, pine needles, brush 1" or less in diameter (no branches). Put in paper bags or barrels (no lids), placod away from trash and rocycling, Yard waste stickers for barrels are available from the DPW NO plastic bags, logs, stumps, rocks, dirt, sand or construction waste. Christmas Trees: Remove ornaments, lights, tinsels and other objects, and place separately from trash and recycling at curbside. Trees in plastic bags will NOT be collected. Attachment F: 2022-2023 Annual Refuse & Recycling Flyer continued 5 11" T W T F S S PA F W T F S S V[ F W 1- F S 1 2 1 2 3 4 5 61 2 3 1(D S 6 7 8 9 7 8 9 10 11 12 1.3 4 (D 6 7 8 9 1.0 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 MM, IMMEMM 110=1MMEME IMETZMM.M. 3M S IIA T W '11' F 5 5 IIV '11' W T F 5 5 IIA T W '11" IF 5 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 (g) 12.. 4 5 6 7 8 9 10 9 (g 11 12 13 14 1.S 13 14 15 16 17 18 19 3.1 22 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 19 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 g 27 28 29 30 31 30 31 S VM '11 W T F: S S VV 11' W tl ll::: S S 110 11' W T 11" 5 1. 2 E 4 " ' 1 2 3 4 1 2 3 4 R [L_ 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 1.1 15 (g)17 18 19 20 21 12, 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 2S 26 27 28 19(& 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 S rA r W T IF S S M T W r r s s S" r w r ir s 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 S 6 7 8 9 A 9 10 11 12 13 14 15 1A 15 16 17 18 19 20 U 12 13 14 15 16 17 16 Q) 18 19 20 21 22 21 22 23 24 25 26 2.7 1.8 g 20 21 22 23 24 23 24 2S 26 27 29 29 28 g 30 31 25 26 27 28 29 30 30 ()Holidays: no curbside collection. 1 day delay rest of the week Curbside Yard Waste Collection Curbside Christmas Tree Collection - NO trees in plastic bags! All dates shown in this brochure are subject to change. Always check by visiting: LexinglonMA,gov/collec.t.i.o..n..c..a.[.e..n..d..a..r. Place trash and recyling at curb before 7AM on your collection day. Go to LexingtonMA.gov/trashday to find your collection day. Trash must be secured in a lidded barrel or durable bag (max 32 gallon). 4 50 pound limit per barrel/bag to help reduce worker injuries. 6 barrel/bag limit per week. Bulky Items - large household furniture Such as sofa, chair, or carpet (cut in 4' lengths, rolled and tied). For more details, go to LexingtonMA.gov/trash. One item per week placed next to trash. For missed collections, call EL Harvey at 800 321-3002, ext. 5. For general trash questions, call DPW at 781 274-8:300, ext. 1. For more details, go to LexingtonMA.gov/trash Attachment G: Curbside Monday -Friday Collection Route Maps IV)t& HLLCYG'LING GSYIA.MI ION TOWN GE LEXINGTON Attachment G: Curbside Monday -Friday Collection Route Maps continued Attachment G: Curbside Monday -Friday Collection Route Maps continued Attachment G: Curbside Monday -Friday Collection Route Maps continued Attachment G: Curbside Monday -Friday Collection Route Maps continued 1— 11.1 111. , "tu — Paip4uy "_" C. ...... . .... Friday Tmh Collecdoni Friday Ra,yc Hrag C.11cdl..k K.u.h.1d H .... Mid -w, P"r"r ........... 1w I 111dy r-, U11M, A0 ryry t' qtr rr WAI ryki �5 Y Irv, SY k"11"'1rr4 d", �NyMgP Ix ZAW 1�'1/11' TOWN Or LEXINGTON r Attachment H: Non Collusion Certification Attachment 11 --`Torr Collusion C"ertificatioll IN 'A"1J'NESSNV1jERE0F, the undersigned certifies, under tile p,,jjus an(j l')ej1a1ties of 1ae jury Chart: 1� . 1, It is it, Compliance With allot provisions, an(] sh,�jjj remain in Cornphance with the provisions for the lofty of anY Contract resulting 1,1-0111 11, is solicitation. That the bidder is qualiried to perforrri any such Contract and Possesses, or shall obtain, all requisite licenses ano] p roults to complete perforrinance, shaH ma.int,,,,sin a�j unemployment, workers' corripensation, professi oil a1c'a not personal liability insurance poGjo;jcs Sufficient to cover its portorniarice under any such Contract, and shall comply with relevant prevailing wage rates and Unernployinent laws, 2 To the best of its knowledge and belief has paid all local taxes, tax titles, utilities, motor vehicle excuse tared;„, Water and wastewater bills to the Town of Lexington as require(] by law. 3. To the best ofits knowledge and belief has filed all State tax returns and paid all State taxes required by law, and has complied with reporting of employees and contractors, (MG1. c,62( s.49A). and withboldirig and remitting ofthild support 4. Pursuant to MGL c,30B s. 10 (or c.30 s.39M), this bid or proposal has been made in good faith and without Collusion or fraud with any other person. As used in this paragraph, "person” shall mean any, natural person, business, partnership, corporation, union, Committee, club or other organization, entity or group of indMduals. Signature of Person Signing Bid or Proposal Corporate Name (Full Business Narlic) TO 13 Y: Corporate Officer (Type/Print) 13Y: Corporate Officer (Sign) Security or Federal I ax ff)# State of Incorporation/City of Business (DEW Registration ofaeontract, or other agreement, will not be granted unless the applicant signs this cerfifieation tre,Siocial Security number or Federal Tax Identification number will be furnLshtd to the, setts Department of'Revenue (DOR) to determine whether you have olet, tax filing or tax payment s. The Town of Lexington is required to furnish a list to the DOR at the ond of fiscal YC1Wr,, tevendors to whom more than $5,000 is paid during the Ovelve nionths, ending June 30. Providers , correct their non -filing or delinquency, Avill not have it contract or other agreenientissutd or This request is made under tile autbority of'Massachusetts ( "Weneral Lawns, c,62(, s.49A, Attachment I: Letter of Commit and Supporting Documents: Pricing, Description of Service, and all other Contractual Documents a,)= Ma w/ P 1775 �O a Lr i ,1"owit of Lexington 4 S b 1)epartnient of Public Works AYpIL I^Y' S. Hadley Public Service Building, 201 Bedford Street Lexington, MA 20420 February 1, 2023 Mr. Jute Ricupero, Tel: (7731) 274-8300 This letter is to confirm that the Town of" Lexington ('own) is committed to contract with Capital Waste Servicers, Inc. (CWS) for a five-year contract to provide curbside; recycling and refuse collection services beginning July 1, 2023. The selection of CWS is subject to negotiation of a contract acceptable to theTown. 'own. Pricing for these services is based on information receival by CWS on January 12, 2021 (see attachment) We look forward to a productive: working relationship with Capital Waste Services, Inc. "Thank you. Sincerely, David Pinsonneault, t)iroctor of Lexington Public Works CC: James Malloy, Lexington Town Manager Minn S. Markarioaas, Esq. HiMbetb M,01611i, Purclaasin(I 17iruct01- Robert IreaUdOin, SUPCI-iLttcndent of Ellvironmentai Set -vices Att. Pricing Sheet 201 13IvD]-010) S"1'IZIT"1° • HAINCrMN, MASSACYIt W] IS 02420 Attachment 1: Letter of Commit and Supporting Documents: Pricing, Description of Service, and all other Contractual Documents continued s' Town 1 6. Town of Lexington Department of Public Works David Pinsonneault, Director of llublic Works Tel: (781) 274-8300 Robert Beaudoin, Superintendent of Environmental Services Fax: 781274-8385 ------ ...... . . ........... . . Collection Vendor Pricing ---------- Lexingtou ............._.._,__ . __.......__......__.-...._..._._ Year I Year 2 Year 3 Year 4 Year 5 service (yptipn A Manual Curbside Collection Years 1-5 FY2024 FY2025 FY2026 FY2027 FY2026 Weekly refuse I - 3 units $ 1,196,771-- $ 1,330,453 $ 1,369,794 $1,410,314 $ 1,452,051 ............... .... .. $881,681 $980,166 $1,009,149 $ 1,039,001 1,069,749 ,_Keek!Xreg clmg.!_- 3 units $ 185,627 $206,361 $212,463 $218,748 $225,222 $67,210 $74,718 $76,927 $79,203 $81,547 -Muni c�J 1p A4 'al ,fT86_,4J3 '__$_267,236 $213,364 $219,676 S226,177 ._Pq..rbsjde Yard Waste 20 curbside & 2 Xmas 'Tree) $60,271 $67,964 $70,934 $73,993 $77,144 White Goads, CRTs Items Total Collection Costs 131,890 Service Option B Year I* Year 2 Year 3 Year 4 Year 5 Year 6 Manual Curbside Year I & Automated Collection Years 2-6 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 Weekly Automated -3 units with 64 gal $ 1,234,966 $ 1,234,966 $ 1,438,093 $ 1,480,663 1,524,510 $ 1,569,672 carts Weekly Automated Recycling 1-3- units with -9-6 -gal 3-969-,81-4-- 909,814,..., 69,849-- $ 1,276,806 $1,314,688 1,353,706 $ 1,393,896 carts $ 191,551 $ 191,551 $206,361-- $212,463 $218,748 $ 225,222__ _Condos, Apagtments & Public BuLl4in-s $69,355 $69,355 $74,718 $76,927 $79,203 $81,547 _Municipal Buildings y Autonlated.SmgL Streamwith $ 192,363 $ 192,363 $207,236 $213,364 $219,676 $226,177 Curbside Yard WpLtL(2() curbside & 2.Xm. .as Tree) . . .................. . .. 562,194 $62,194 _67,964 �OS3T $73,993 S77,144 White Goods, CRTs, Large_Metal ltemsSwecjy)_. Total Collection Costs Lsz,.6�&) 24_8 $2660, 248 $3_,Z'Z1..j7 $ 3 3,69,039 3,469,836 $ 3 573 658 Year I Manual Service Company: CAPIT01 W STE SEVICES INC Costof fi)r rou ' Kling disposal11mor hicIndeei in price heoous�we deta "M Services,have a wav Controlling the qwjnfilY rosf of,disposal CoPftol jf'ce 111(% will hill bark the toww w cosl with rro nuwk ul) each month Date: SAMUEL HADLEY PUBLIC SERVICES BUILDING - 201 BEDFORD STREET, LE'xiNarON, MASSACHUSETTS 02420 - Attachment 1: Letter ofCommit and Supporting Documents: Description ofService, and all other Contractual Documents continued PITOL WASTE SERVICESINC. Mr. David Pinsonnemult Director of Public Works 201 Belford St. Lexington, MA 02420 December 7,2U2Z Dear Mr. Plmwnneau|t, It was a pleasure to meet with you, Mr. Beaudoin, and Mr. Zettek on Monday. As requested, I have listed 3references below. | also included a reference from the City ofLawrence which wejust started un November 12, so you may get confirmation of smooth transition of short notice. Mr. Scott Martinelli City of Everett 781-718-4899 Mr. Gerard Cody Town ofRandolph 617-312-1131 Mr. Tom Henry City ofQuincy 617'409-0881 Mr. Jorge Jaime City of Lawrence 978'857-8403 | have taken into consideration that the Town of Lexington has contract with a vendor tmdispose uf CRTs and I am willing to pass on a credit of $32,000 per year with an escalation of 3% per year. I request that you email me a choice of these dates and time for a potential site visit of your DPW facility: December 13,14'16,21at1OAKx. Thank you for your interest in Capitol Waste. We look forward to working with you. )ncerety, 411, 7 1222 SENN IN GTON STREET -EAST BOSTON, MA02128 -(617) 569-1718 -FAX (617) 567-4947 -off ice@capitolws.com Attachment 1: Letter ofCommit and Supporting Documents: Description ofService, and all other Contractual Documents continued Town a(Lexington Department of Public Works David yinuonneaobDirector /f Public Works Robert Beaudoin, Superintendent ofEnvironmental Services October 19, 2022 Nr. Joe0mpcm Capitol Waste Services 2ORailroad Street Revere, N14OZ15l Dear Mr. Ricupero, ]e|:(70l)274-&}U0 Fax: (781) 274-8385 The Town ofLexington, through its Department ofPublic Works, bseeking pricing for the provision ofrecycling and solid waste services. Said services is anticipated to be for a five- or six-year period beginning July 1, 2023. You are one of three vendors being contacted to provide pricing. Pricing for the five-year period should be based onthe same collection, hauling and processing related services currently being received by the Town that include both town wide manual curbside service and container type service at municipal and residential locations. In addition, alternative pricing for the six-year period is sought to include the provision of town wide automated curbside service and container type service at municipal and residential locations. A summary of services with relevant data points and pricing form are attached. Please note a minor change of service will occur in November 2022 with the implementation of DEP waste bans. # letter of interest that includes the annual price for providing these services in FY24and beyond needs mbesubmitted electronically to nnlater than 12P&4onNovember 2,DJ22.Asyou are aware, because these services are exempt from Massachusetts bidding laws, (M.G.L. c3013, 1(b)(30)), the Town of Lexington is free to negotiate with whatever firms they so choose in whatever manner they believe is best suited to meet the Town's needs. The DPW will accept questions for services sought electronically to nolater than 5P&q' October ZG*and respond by3PN1October Z8'1'%0ZZ. Thank you inadvance for your interest in partnering with the Town ofLexington for the provision ofthese important services. Davidpinsonneau|t, Director nfPublic Works Town of Lexington ^ SAMUEL aAoLaYPUBLIC SERVICES BUILDING ^2o1oaosouoSTREET- LEXINGTON, MASSACHUSETTS 02420, Attachment I: Letter of Commit and Supporting Documents: Pricing, Description of Service, and all other Contractual Documents continued ua"°A Town of Lexington ,��' CoQ Department of Public Works David Pinsonneault, Director of Public Works Tel: (781) 274-8300 Robert Beaudoin, Superintendent of Environmental Services Fax: (781) 274-8385 SERVICE DESCRIPTION The Town is requesting pricing for two potential service options beginning July 1, 2023: A: Manual collection of refuse and recyclables (five-year period); B: Manual collection of refuse and recyclables for one year and then automated collection (six-year period). Proposers are encouraged to submit pricing for both service options as summarized below. For each option, the Proposer shall provide pricing for the weekly collection of refuse and recyclables, and additional collection services, from every eligible location in the Town. For the automated collection option, pricing should include the cost of carts that will be owned by the Town at the conclusion of the contract. The "Town is under contract with Win Waste, North Andover, for the disposal of refuse through June 30, 2025. The Proposer will be responsible for the disposal of recyclables. Yard waste and Christmas Trees collected will be disposed of at the Lexington Compost Site located on Hartwell Avenue. The pricing forms that follow match the services being sought: Service Option A — Manual Curbside Collection of Refuse and Recyclables with Additional Collection Services (5 years) • Manual Curbside Refuse & 1 Bulky Item (weekly) • Manual Curbside Single Stream Recycling & Disposal (weekly) • Condos, apartments, public housing • Municipal buildings, schools, etc. • Curbside Collection of White Goods, CRTs & Metal Items (Weekly) • Curbside Leaf and Yard Waste for 20 weeks and Christmas Trees for 2 weeks Service Option B — Manual Curbside Collection (I year) and Automated Curbside Collection (5 years) of Refuse and Recyclables with Additional Collection Services. • Manual Curbside Collection for Year 1 as described in Service Option A • Automated Refuse Collection and 1 Bulky Item (weekly) pre -scheduled once per week • Automated Recycling Collection & Disposal (Single Stream) • Condos, apartments, public housing • Municipal buildings, schools, etc. • Curbside Collection of White Goods, CRTs and Metal Items (weekly) • Curbside Leaf and Yard Waste for 20 weeks and Christmas Trees for 2 weeks SAMUEL, HADL,L Y PUBLIC; SERVICES BUILDING • 201 BE TWORD S 1RIA"'r • L,EXINGTON, MASSACHUSETTS 02 420 Attachment J: Sample Blended Market Value Sheet Attachment K: Unacceptable Waste Attachment K: Un -acceptable Waste The refuse collection Contractor shall not pick up as Refuse any Unacceptable Waste as defined below: • Construction or demolition wastes including earth, stone, cement and gravel, and any other debris left from work performed in residences including castings, sheet rock, plaster, lumber, plumbing fixtures, roofing materials, doors and windows. • Industrial Waste including waste from manufacturing processes, manufacturing operations, food processing plants, and slaughterhouses. • Leaf and yard waste, sod, landscaping and tree debris, and tree stumps. • Automobile parts, such as batteries, engines, doors, body pieces, ete. • CRTs and TVs — TVs, computer monitors, flat -screen TVs. • Recyclable items. • Any additional items on the MassDEP Waste Ban list and any other materials designated by the United States Environmental Protection Agency (EPN) or the Town of Lexington as an unacceptable waste. • Refuse in excess of any'l'own-cstablishcd limit unless the refuse is in an official Town - approved container. • Refuse outside of or above the top of the official barrel for an automated collection option unless the refuse is in an official Town -approved container. • Any and all (a) substances, products, by-products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed as hazardous, or toxic, or a contaminant under any Federal or Massachusetts environmental law, and (b) any materials, substances, products, by-products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by-products, or waste may give rise to liability under any such environmental law and (c) any substance, product, by-product, waste or any other material which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation: * gasoline and waste oil * oil-based paints, turpentines, paint thinners and shellac * oven and drain cleaners, and heavy duty cleanser,-, * pesticides * lead -acid batteries * explosives * propane tanks and gas cylinders c) PCBs and radioactive waste o CRTs c) other DEP or EPA designated materials c) fluorQsccnt bulbs (') any mercury containing item AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Stormwater Enterprise Fund PRESENTER: ITEM John Livsey, Town Engineer; Dave NUMBER: Pinsonneault, Director of Public Works I.2 SUMMARY: Category: Informing In May, the Town Manager, DPW Director, Town Engineer and Assistant Town Manager for Finance met to discuss the status of the Stormwater Management Enterprise Fund Proposal. In this discussion, it was determined the cost concern that was initially considered as the impetus for moving in the direction of creating a Stormwater Enterprise Fund has not materialized and we have been able to manage the costs of stormwater management within the existing budget. We are in the last year of our existing NPDES permit and with some changes the EPA has implemented by allowing credits for undertaking certain activities to limit phosphorous in the stormwater stream, have resulted in costs being lower than previously anticipated. The only real concern at this time, is if there is a change in course by the EPA or increased demands for additional phosphorous management could increase costs, but in either event, there would be sufficient time to react. We believe all of the work that has been done to date will continue to be relevant and usable should costs begin to increase to the level that in the future staff believes this needs to be addressed through the creation of a Stormwater Management Enterprise Fund. At this time, we are recommending this effort be postponed and placed on hold until it is appropriate to review it in the future. We understand the investment (in both time and funding) that has gone into this effort but we don't believe that we should continue to pursue creating this fund if it is not necessary. SUGGESTED MOTION: No formal vote is necessary, however, a consensus from the Board concurring with this course of action would be appropriate. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 6:55pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Recommended Updates to the Integrated Building Design and Construction Policy PRESENTER: ITEM Maggie Peard, Sustainability & NUMBER: Resiliency Offc.; Todd Rhodes, SLC Vice -Chair; Jon Himmel, PBC Chair L3 SUMMARY: Category: Decision -Making Attached please find the amended version of the Integrated Building Design and Construction policy. Staff received one comment, which was related to Attachment A. Specifically, the Section on Green Vehicles refers to "b) Provide renewable energy to support EV charging demand". Staff was asked to be more specific on what measurement is being used to establish demand. Maggie P card, Sustainability and Resilience Officer and Todd Rhodes, Sustainable Lexington have provided a response to this question (attached). A redline and clean copy of the P olicy and Attachment are attached. SUGGESTED MOTION: Move to approve the revised Integrated Building Design and Construction Policy, as attached. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 7:10pm ATTACHMENTS: Description Type Final Qriiana„natcd BGJkliaag IDus, g;an and Ckm;Yrudk)n Policy with Attachruit N Cover Memo Red[firie hilegnaed 1Lguilding Mr ign and Cbustru.L�fion Policy Gwel merno Allachnyenf A Cover Memo Praerititiun Covey Memo Response to Select Ward Convnent Gwel Memo Integrated Building Design and Construction Goals Checklist 'onsult Lexington's Integrated Building Design and Uonstruction Policy foro er requirements for New Construction and Mor Kenovation -ownt3uildings his document is based on scope features defined in LEED 4.0 with additions / modifications driven by Town of Lexington requirements: .conomic evaluation of design alternatives will be carried out in accordance with the economic evaluation approach included in the Lexington Sustainable Action Plan dopted 8/27/2018 (pages 9-11) Project Name: Project Address: Project Phase: Report Date: Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief. Note: performance of higher level resilience includes lower -level capabilities. Level 1: Public Safety (Police, Fire, Public Services) -- No interruption of essential services. Level 2: Town Shelter -- Full electrical and thermal power necessary for life safety, food prep / refrigeration, lighting, internet connectivity and charging stations. Operational 24/7. Islanded operation maximizing use of on-site solar and storage. Level 3: Continued Operation — Full electrical and thermal power necessary for providing healthy conditions during extreme heat/cold conditions, providing lighting, internet connectivity, and plug load charging. Operational during normal occupied hours. Smart load reduction in emergencies, mobile or on-site backup generation to carry load for continued operation. Level 4: Asset Preservation — Provide power to hold building temperature, provide light and manage building systems Source Explanation 1 LEED 4.0_() Standard LEED items with standard LEED requirements and definitions (LEED Ref#) 2LEED 4.0_() Standard LEED items with specific Lexington definitions (LEED Ref #). 3 LEX () Specific Lexington requirements (Lex1 through Lex7) Lex Goal Explanation 1 Required Lexington requires this outcome / scope item to be included in the base case project design. 2 Ev & Report Evaluate the applicability of this item to the project/site and report on benefits and impacts of implementation LEED SCORING I LEXINGTON MASTER -SCOPE CHECKLIST I = I (Source I Scope Item f Feature / Outcome I Lex Goals I Comments I Cost Impact Scale I 1 (LEED 4.0 (Integrative Process: This policy shall be integrated into the Planning and Design process I Required from the project's inception. Evaluate the impact of the project on adjacent properties. 0 _ 0 _ 0 0 Resilience Resilience: Buildings shall be designed to deliver services based on the resilience levels defined in the Integrated Design Procedure. The resilience level for a particular building 0 LEX 1 shall be consistent with the planned use of the building in the Town's Emergency Required Management plan. The level of solar and storage incorporated into the design shall be appropriate to the level or resilience required. Page 1 of 11 IBDP 3.4 IBDP 1.1 IBDP 1.2 IDBP 1.3 'IBDP 3.3 Page 2 of 11 1 LEED 4.0 LTc6 Bic cle Facilities Ev & Report 1 LEED 4.0_LTc7 Reduced Parking Footprint Ev & Report Green Vehicles: a) Required by a) Installation of EV chargers per Lexington bylaw 135-5.1.13-11, Electric vehicle (EV) 1 LEED4.0_LTcB c charging. Town bylaw 11 Pr vi r n w I n r r EV h r indemand. b) Ev &Report 0 __ 0 __ 0 10 Sustainable Sites Y Reg. LEED 4.0 Construction Activity Pollution Prevention Required Y Reg. LEED 4.0 Environmental Site Assessment Required 1 LEED 4.0 Site Assessment Ev & Report Site Development - Protect or Restore Habitat: Site development and landscaping shall 2 LEED 4 o sS4 comply with the standards defined in Chapter 176, Section 12.6 Landscaping. (Note: the Ev & Report p and LEX 6; Lexington Planning Department is not involved in reviewing or approving plans or performance.) 1 LEED 4.0 SS5 Open Space Ev & Report 3 LEED 4.0 SS6 Rainwater Management Ev & Report LEED 40 S? Heat Island Reduction: In addition to LEED 4.0 SS7, the site design (including building and and LEx 7 solar canopy siting) will utilize shading from pre-existing healthy mature trees and new 2 Ev & Report p plantings to maximize heat island reduction and will also consider other ecological services provided by trees and their benefits). 1 LEED 4.0 SS8 Light Pollution Reduction Ev & Report 1 LEED 4.0 Site Master Plan Ev& Re ort 1 LEED 4.0 Joint Use of Facilities Ev & Report 0 __ 0 __ 0 11 Water Efficient Y Reg. LEED 4.0_WE1 Outdoor Water Use Reduction Required Y Reg. LEED 4.0_WE2 Indoor Water Use Reduction Required Y Reg. LEED 4.0_WE3 Building -Level Water Metering Required 2 LEED 4.0_WE4 Outdoor Water Use Reduction Ev & Report 6 LEED 4.0_WE5 Indoor Water Use Reduction Ev & Report 2 LEED 4.0_WE6 Cooling Tower Water Use Ev & Report 1 LEED 4.0 WE? Water Metering Ev & Report 0 0 0 33 Enerav and Atmos here Y Reg. LEED 4.0 Fundamental Commissioning and Verification Required Minimum Energy Performance shall be assessed using Lexington's total lifecycle cost Y Req. LEED 4.0 model. Required Y Reg. LEED 4.0 Building -Level Energy Metering Required Y Reg. LEED 4.0 Fundamental Refrigerant Management Required LEED 4.0_EAc1 Enhanced Commissioning - Pursue: g Option 1 of this credit: HVAC Commissioning Required Option 2 of this credit: Building Envelope Commissioning LEED a.o_EAc2 Optimize Energy Performance: Target onsite building energy use intensity (kBTUs/sq ft) for new buildings of 30% less energy use than ASHRAE 90.1 (current) or better; and for 18 renovations, 20% less energy use than ASHRAE 90.1 (current) or better. Required LEED 4.0_EA03 Advanced Energy Metering: Use advanced metering and sub -metering to report and track hourly interval electricity use data by end-use categories that exceed 10% of total 1 Required q annual electricity consumption and maintain said records for rolling two year periods. LEED VA requires 3 rs. LEED 4.0_EA04 Demand Response: Install and properly maintain building management system to track 2 Required and manage peak demand for energy cost reduction and emergency load shedding. LEED a.o_EAc5 Renewable Energy Production (LEED 10%): Maximize onsite renewable energy. 3 Required LEx 2 Utilize energy storage when cost effective to lower peak demand charges and integrate with onsite solar. Evaluate and report on options for campus micro -grids. Required 1 LEED 4.0_EAc6 Enhanced Refri Brant Management Ev & Report Page 2 of 11 Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. LEX 5 Utilize Healthy Building Network (or the equivalent) information in the design and selection Ev & Report of materials and consider using products and services established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. 4.0 0 _ 0 0 4 Y . 2 Green Power and Carbon Offsets Ev & Report 'IBDP 1.4 _Y1 - L ; Evaluate and present options for achieving net zero energy use. Required Specific Credit Y 1 EX 4 LEED 4.0 Minimum Acoustic Performance - Required 'IBDP 2.3 1 _ All electric, zero emissions on site design (excluding fuel for emergency backup power Required generators). Backup fossil fuel heating systems will require specific approval. IBDP 2.2, 0 -_ 0 -_ 0 13 Materials and Resources Maintain indoor CO2 levels per Lexington Board of Health guidelines (BOH Memo dated LEER 4.0 Storage and Collection of Recyclables: The operation of the completed building should Y December 18, 2015, Table 1). Req. support reuse/zero waste operations with attention to material flows and incorporate Required design features to achieve these ends. Present design options that meet Lexington's zero waste targets. Y Reg. LEED 4.0 Construction and Demolition Waste Management Planning Required LEED 4.0 Building Life -Cycle Impact Reduction: Using LEED criteria as well as an embodied carbon 5 calculation, calculate and disclose the carbon impact of selected design options at each Ev & Report p design phase, starting with feasibility. Include embodied carbon in the total life -cycle Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. LEX 5 Utilize Healthy Building Network (or the equivalent) information in the design and selection Ev & Report of materials and consider using products and services established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. 4.0 0 _ 0 0 4 Y . Req, LEED 4.0 Minimum Indoor Air QualitV Performance Required LEED 4.o Re Tonal Priorit _Y1 Req. LEED 4.0 Environmental Tobacco Smoke Control Required Specific Credit Y 1 Req. LEED 4.0 Minimum Acoustic Performance - Required I Ev & Report 1 ILEED 4.0 lRegional Priority: LEED4.o_iEQd Enhanced Indoor Air Quality Strategies I Ev & Report Enhanced Filtration — Install and properly maintain particulate matter filters to protect IBDP 2.2, 2 health of the occupants and as appropriate for building type and use. Required IBDP 2.4 Maintain indoor CO2 levels per Lexington Board of Health guidelines (BOH Memo dated December 18, 2015, Table 1). Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. LEX 5 Utilize Healthy Building Network (or the equivalent) information in the design and selection Ev & Report of materials and consider using products and services established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. 4.0 0 _ 0 0 4 Regional Priority 1 LEED 4.o Re Tonal Priorit : S ecific Credit Ev & Re ort 1 LEED 4.0 Re Tonal Priority: Specific Credit Ev & Re ort 1 ILEED 4.0 JR., ional Priority: Specific Credit I Ev & Report 1 ILEED 4.0 lRegional Priority: Specific Credit I Ev & Report 0 1 0 Certified: 40 to 49 points Page 3 of 11 Silver: 50 to 59 points Gold: 60 to 79 points Platinum: 80 to 110 Page 4 of 11 Integrated Building Design and Construction Goals Checklist Consult Lexington's Integrated Building Design and Construction Policy for other requirements for New Construction an ajor enovatlon - own ul Ings This document is based on scope features defined in LEED 4.0 with additions / modifications driven by Town of Lexington requirements: Economic evaluation of design alternatives will be carried out in accordance with the economic evaluation approach included in the Lexington Sustainable Action Plan adopted 8/27/2018 (pages 9-11) Project Name: Project Address: Project Phase: Report Date: Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief. Note: performance of higher level resilience includes lower -level capabilities. Level 1: Public Safety (Police, Fire, Public Services) -- No interruption of essential services. Level 2: Town Shelter -- Full electrical and thermal power necessary for life safety, food prep / refrigeration, lighting, internet connectivity and charging stations. Operational 24/7. Islanded operation maximizing use of on-site solar and storage. Level 3: Continued Operation — Full electrical and thermal power necessary for providing healthy conditions during extreme heat/cold conditions, providing lighting, internet connectivity, and plug load charging. Operational during normal occupied hours. Smart load reduction in emergencies, mobile or on-site backup generation to carry load for continued operation. Level 4: Asset Preservation — Provide power to hold building temperature, provide light and manse building systems Source Explanation 1 LEED 4.0_0 Standard LEED items with standard LEED requirements and definitions (LEED Ref#) 2 LEED 4.0_() Standard LEED items with specific Lexington definitions (LEED Ref #). 3 LEX () Specific Lexington requirements (Lex1 through Lex7) Lex Goal Explanation 1 Required Lexington requires this outcome / scope item to be included in the base case project design. 2- 8#ive4&Ae4Qve 2 Ev & Report Evaluate the applicability of this item to the project/site and report on benefits and impacts of implementation LEED SCORING LEXINGTON MASTER - SCOPE CHECKLIST Expected Max Source Scope Item / Feature / Outcome Lex Goals Comments Cost Impact Scale Points Points Y ? N Integrative Process - This policy shall be integrated into the Planning and Design 1 LEED 4.0 process from the project's inception. Evaluate the impact of the project on adjacent Required properties. 0 _ 0 _ 0 0 Resilience Resilience - Buildings shall be designed to deliver services based on the resilience levels defined in the Integrated Design Procedure. The resilience level for a particular building 0 LEx t+ shall be consistent with the planned use of the building in the Town's Emergency Required Management plan. The level of solar and storage incorporated into the design shall be appropriate to the level or resilience required. IBDP 3.4 IBDP 1.1 IBDP 1.2 0 0 0 16 Location and Transportation 16 LEED 4.0 LTcl LEED for Neighborhood Development Location Ev & Report 1 LEED 4.0 LTc2 Sensitive Land Protection Ev & Report 2 LEED 4.0 LTc3 High Priority Site Ev & Report 5 LEED 4.0 LT04 Surrounding Density and Diverse Uses Ev & Report 5 LEED 4.0 LTc5 Access to Quality Transit Ev & Report 1 LEED 4.0 LTc6 Bicycle Facilities Ev & Report 1 LEED 4.0 LTc7 RLducLdarking Footprint Ev & Report 1 LEED 4.0 LTc8 T Ureen e Vehic a) Installation of EV chargers per Lexington bylaw 136-5.1.13-11, Electric vehicle (EV) charging. 11h) Provide renewable energy to Su ort EV char in demand. a) Required by Town bylaw b) Ev & Report 0 0 0 10 Sustainable Sites Y Reg. LEED 4.0 Construction Activity Pollution Prevention Required Y Req. LEED 4.0 Environmental Site Assessment Required 1 LEED 4.0 Site Assessment Ev & Report 2 LEED 4.0884 and LExj Site Development - Protect or Restore Habitat - Site development and landscaping s a comply with the standards defined in Chapter 176, Section 12.6 Landscaping. (Note: the Lexington Planning Department is not involved in reviewing or approving plans or performance.) Ev & Report 1 LEED 4.0 SS5 Open Space Ev & Report 3 LEED 4.0 SS6 RainwaterkMent Ev & Report 2 LEED 4.Q8S7 and LEX.7 H an n - In addition to LEED 4.0 SS7, the site design (including b7i ding HeatI and solar canopy siting) will utilize shading from pre-existing healthy mature trees and new plantings to maximize heat island reduction and will also consider other ecological orovide by trees and their benefitsil, Ev & Report 1 LEED 4.0-SS8 LIght Pollution Reduction EY& E2 O 1 LEED 4.0 Site Master Plan Ev K Re ,',orrtt 1 LEED 4.0 lJoint Use of Facilities Ev & Report 0 76- 0 11 Water Efficiency Y Req. LEED 4.0-WE1 Outdoor Water Use Reduction Required Y Rec. LEED 4.0 WE2 Indoor Water Use Reduction Required Y Reg. LEED 4.0LWE3 Building -Level Water Metering Required LEED 4.0 WE4 Outdoor Water Use Reduction Ev & Report LEED 4.0-WE5 Indoor Water Use Reduction Ev & Report LEED 4.0 WE6 Cooling Tower Water Use Ev & Report LEED 4.0 WE? lWater Metering I Ev & Report 0 0 0 33 Energy and Atmosphere Y Reg. LEED 4.0 Fundamental Commissioning and Verification Required Y Reg. LEED 4.0 Minimum Energy Performance shall be assessed using Lexington's total lifecycle cost model. Required Y Reg. LEED 4.0 Building -Level Energy Metering Required Y Reg. LEED 4.0 Fundamental Refrigerant Management Required E E E 6 LEED 4.0_EA0 Enhanced Commissioning - Pursue: Option 1 of this credit: HVAC Commissioning Option 2 of this credit: Building Envelope Commissioning Required E E E E E E E E E E E E 18 LEED 4.0_EAd2 Optimize Energy Performance: Target onsite building energy use intensity (kBTUs/sq ft) for new buildings of 30% less energy use than ASHRAE 90.1 (current) or better; and for renovations, 20% less energy use than ASHRAE 90.1 (current) or better. Required E E E E E Etrack E E E E E I LEED 4.0_EAd3 Advanced Energy Metering : Use advanced metering and sub metering to report and hourly interval electricity use data by end-use categories that exceed 10% of total ann ual electricity consumption and maintain said records for rolling two year periods. (LEED VA requires 3 yrs.) Required IDBP 1.3 IBDP 3.3 'IBDP 1.4 IBDP 2.3 IBDP 2.2, IBDP 2.4 2 LEED 4.0_EAc4 Demand Response : Install and properly maintain building management system to track and manage peak demand for energy cost reduction and emergency load shedding. Required 3 LEER 4.0_EAc5 Renewable Energy Production (LEED 10%) : Maximize onsite renewable energy- ° Required LEX-2 Utilize energy storage when cost effective to lower peak demand charges and integrate with onsite solar. Evaluate and report on options for campus micro -grids. Required 1 LEED 4.0_EAo6 Enhanced Refrigerant Management Ev & Report E 2 LEED 4.0_EAc7 Green Power and Carbon Offsets Ev &Report LEX-3 Evaluate and present options for achieving net zero energy use. Required LEX 4 All electric, zero emissions on site design (excluding fuel for emergency backup power generators). Backup fossil fuel heating systems will require specific approval. Required 0 __ 0 __ 0 13 Materials and Resources Y Req. LEED 4.0 Storage and Collection of Recyclables - The operation of the completed building should support reuse/zero waste operations with attention to material flows and incorporate design features to achieve these ends. Present design options that meet Lexington's zero waste targets. Required Y Reg. LEED 4.0 Construction and Demolition Waste Mana ement Plannin Required 5 LEED 4.0 BuildingLife-Cycle mpact e uc ion: sing Gri erla as .11 as an embodied carbon calculation, calculate and disclose the carbon impact of selected design options at each design phase, starting with feasibility. Include embodied carbon in the total life- c cle analysis for each desi n option, includina renovations if aDDlicable. Ev & Report p 2 LEED 4.0 Building Product Disclosure and Optimization - Environmental Product Declarations Report 2 LEED 4.0 BuildingProduct Disclosure and Optimization - Sourcingof Raw Materials ort ffiRe 2 LEED 4.0 BuildingProduct Disclosure and Optimization - Material Ingredients ort 2 LEED 4.0 Construction and Demolition Waste Management Ev & Re ort 0 _ 0 _ 0 16 Indoor Environmental Quality Y Y Y E Req. Req. Req. 2 LEED 4.0 Minimum Indoor Air Quality Performance Required LEED 4.0 Environmental Tobacco Smoke Control Required LEED 4.0 Minimum Acoustic Performance - - Required LEED 4.o_IEQci Enhanced Indoor Air Quality Strategies Enhanced Filtration — Install and properly maintain particulate matter filters to protect health of the occupants and as appropriate for building type and use. Maintain indoor CO2 levels per Lexington Board of Health guidelines (BOH Memo dated December 18, 2015, Table 1). Required 3 LEED 4.0_IEQc2 Low -Emitting Materials Ev & Report 1 LEED 4.0_IEQc3 Construction Indoor Air Quality Management Plan Ev & Report 2 LEED 4.0_IE004 Indoor Air Quality Assessment Ev & Report 1 LEED 4.0_IEQc5 Thermal Comfort Ev & Report 2 LEED 4.0_IEQc6 Interior Lighting Ev & Report 3 LEED 4.0_IEQc7 Daylight Ev & Re ort 1 LEED 4.0_IEQc8 Qualit Views Ev & Re ort 1 1 LEED 4.0IEQc9 lAcoustic Performance Ev & Report ®Q� 110 Certified: 40 to 49 points Silver: 50 to 59 points Gold: 60 to 79 points Platinum: 80 to 110 s LEX s Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. Utilize Healthy Building Network (or the equivalent) information in the design and selection of materials and consider using products and services established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. Ev & Report 0 _ 0 _ 0 6 Innovation 5 LEED 4.0 linnovation Ev & Re ort 1 LEED 4.0 1 LEED Accredited Professional Ev & Report 0 _ 0 _ 0 4 Regional Priority 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report 1 LEED 4.0 Regional Priority: Specific Credit Ev & Re ort 1 LEED 4.0 Regional Priority: Specific Credit Ev & Re ort 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report ®Q� 110 Certified: 40 to 49 points Silver: 50 to 59 points Gold: 60 to 79 points Platinum: 80 to 110 Integrated Building Design and Construction Goals Checklist Consult Lexington's Integrated Building Design and Construction Policy for other requirements for New Construction and Major Renovation -Town Buildings This document is based on scope features defined in LEED 4.0 with additions /modifications driven by Town of Lexington requirements: Economic evaluation of design alternatives will be carried out in accordance with the economic evaluation approach included in the Lexington Sustainable Action Plan adopted 8/27/2018 (pages 9-11) Project Name: Project Address: Project Phase: Report Date: Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief Level 1: Public Safety (Police, Fire, Public Services) No interruption of essential services; Level 2: Town Shelter -- Full electrical and thermal power necessary for life safety, food prep / refrigeration, lighting, internet connectivity ^ charging stations; Level 3: Continued Operation — Smart load reduction in emergencies, mobile or on-site backup generation to carry load for continued operation; Level 4: Asset Preservation —Provide power to hold building temperature, provide light & manage building systems Source Explanation 1 LEED 4.0_() Standard LEED items with standard LEED requirements and definitions (LEED Ref#) 2 LEED 4.0_() Standard LEED items with specific Lexington definitions (LEED Ref #). Strive to achieve maximum points on these items. 3 LEX () Specific Lexington requirements (Lex1 through Lex5) Lex Goal Explanation 1 Required Lexington requires this outcome / scope item to be included in the base case project design. 2 Strive to Achieve These Items represent focused Lex Goals and should be evaluated & reported on for discussion/implementation. 3 Ev & Report Evaluate the applicability of this item to the project/site and report on benefits and impacts of implementation I LEED SCORING 1 LEXINGTON MASTER - SCOPE CHECKLIST 1 1 I ISource I Scope Item / Feature / Outcome I Lex Goals I Comments 1 _` .,,.,,— 1 0 - 0 - 0 Resilience Resilience - Buildings shall be designed to deliver services based on the resilience E0 0 LEX levels defined in the Integrated Design Procedure. The resilience level for a particular Required -1 building shall be consistent with the planned use of the building in the Town's Emergency Management plan. Attachment A LE E2 4.0_LTc6 BIC cl, LEED 4.0_LTc7 Reduc LEED4.0_LTc8 lGreen 0 __ 0 __ 0 10 Sustainable Sites -_ 33 Y Reg. LEED 4.0 lConstruction Activity Pollution Prevention Required Y Reg. LEED 4.0 Environmental Site Assessment Required LEED 4.0 WE3 Building -Level Water Metering 1 LEED 4.0 Site Assessment Ev & Report Ev & Report 2 LEED 4.0_SS4 Site Development - Protect or Restore Habitat Ev & Report 1 LEED 4.0_SS5 Open Space Ev & Report 1 3 LEED 4.0 SS6 Rainwater Management Ev & Report 2 ILEED 4.0 SS7 Heat Island Reduction Report 11121 LEED 4.0 SS8 Li ht Pollution Reduction Repo Required 1 LEED 4.0 Site Master Plan ro 1 LEED 4.o Joint Use of Facilities 0 __ 0 __ 0 11 Water Efficiency -_ 33 Y Reg. LEED 4.0 WEI Outdoor Water Use Reduction Required Y Reg. LEED 4.0 wE2 Indoor Water Use Reduction Required Y Req. LEED 4.0 WE3 Building -Level Water Metering Required Required 2 LEED 4.0 WE4 Outdoor Water Use Reduction Ev & Report Reg. g LEED 4.0 WE5 Indoor Water Use Reduction Ev & Report 2 LEED 4.0_WE6 Cooling Tower Water Use Ev & Report LEED 4.0 1 ILEED4.0_WE? Water Metering Ev & Report Attachment A 0 -_ 0 -_ 0 -_ 33 Energy and Atmosphere Y Reg. LEED 4.0 Fundamental Commissioning and Verification Required Y Reg. LEED 4.0 Minimum Energy Performance Required Y Reg. LEED 4.0 Building -Level Energy Metering Required Y Reg. LEED 4.0 Fundamental Refrigerant Management Required LEED 4.0_EAcl Enhanced Commissioning - Pursue: g Option 1 of this credit: HVAC Commissioning Required Option 2 of this credit: Building Envelope Commissioning LEED 4.0_EAc2 Optimize Energy Performance: Target onsite building energy use intensity (kBTUs/sq ft) for new buildings: 30% (New Construction) less energy use than 18 ASHRAE 90.1 (current) or better. 20% (Renovation) less energy use than ASHRAE Required 90.1 (current) or better. LEED 4.0_EAc3 Advanced Energy Metering : Use advanced metering and sub -metering to report and track hourly interval electricity use data by end-use categories that exceed 10% of 1 Required total annual electricity consumption and maintain said records for rolling two year periods. LEED VA requires 3yrs.) LEED4.0_EA1 Demand Response : Install and properly maintain building management system to 2 track and manage peak demand for energy cost reduction and emergency load Required shedding. LEED 4.0_EAc5 Renewable Energy Production (LEED 10%) : Maximize onsite renewable energy, 3 targeting at least 20°% onsite renewable energy production and may supplement this Required with offsite renewable energy. LEX-2 Utilize energy storage when cost effective to lower peak demand charges and Required me rate with onsite solar. 1 LEED 4.0_EAc6 Enhanced Refrigerant Management Ev & Repo 2 LEED 4.0 EAc7 Green Power and Carbon Offsets Strive to Achieve LEx_3 Evaluate and present options for achieving net zero energy use. Required LEx-4 All electric, zero emissions on site design (excluding fuel for emergency backup power Backup fossil fuel heating Required generators). systems will require specific approval Attachment A 0 __ 0 __ 0 13 s and Resources Indoor Environmental Quality Y Re Y Stora a and Collection of Rec clables Re uired Re . Required Construction and Demolition Waste Mana ement Plannin Re uired 5 LEED 4.0 Buildin Life -C cle Im act Reduction Ev & Re ort 2 KLEED4.0 Buildin Product Disclosure and O timization - Environmental Product Declarations Ev & Re ort 2 Required Buildin Product Disclosure and O timization - Sourcin of Raw Materials Ev & Re ort 2 Buildin Product Disclosure and O timization - Material In redients Ev & Re ort 2 Construction and Demolition Waste Management Ev & Report 0 0 _ 0 16 Indoor Environmental Quality Y Req. LEED 4.0 Minimum Indoor Air Quality Performance Required LEED 4.0 Re ional Priority: Y Req. LEED 4.0 Environmental Tobacco Smoke Control Required Ev & Report Y Req. LEED 4.0 Minimum Acoustic Performance c . L Required LEED 4.0_IEQc1 Enhanced Indoor Air Quality Strategies Enhanced Filtration — Install and properly maintain particulate matter filters to protect 2 health of the occupants and as appropriate for building type and use. Required Maintain indoor CO2 levels per Lexington Board of Health guidelines (BOH Memo dated December 18, 2015, Table 1). 3 ILEED 4.0IEQc2 Low -Emitting Materials Ev & Report 1 ILEED 4.0IEQc3 Construction Indoor Air Quality Management Plan Ev & Report 2 LEED 4.0_IEQc4 Indoor Air Quality Assessment Ev & Report 1 LEED 4.0_IEQc5 Thermal Comfort Ev & Report 2 LEED 4.0_IEQc6 Interior Lighting Ev & Report 3 LEED 4.0IEW Da li ht Ev & Report 1 LEED 4.0_IEQc8 -Quality Views Ev & Report 1 LEED 4.0_IEQc9 Acoustic Performance Ev & Report Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is - LEX s available. Utilize Healthy Building Network (or the equivalent) information in the design and selection of materials and consider using products and services Strive to Achieve established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. 0 _ 0 _ 0 4 lRegional Priorit 1 LEED 4.0 lRegional Priority: Specific Credit Ev & Report 1 LEED 4.0 Re ional Priority: Specific Credit Ev & Re ort 1 EED 42 Re c Credit ecifi Ev & Report 1 EED4.o ReT Priority: onal Specific Credit Ev & Re ort mm 110 Certified: 40 to 49 points Silver: 50 to 59 points Gold: 60 to 79 points Platinum: 80 to 110 Attachment A Integrated Building Design Policy Revised through DATE44-749 SELECT BOARD OF SES �� & SCHOOL COMMITTEE POLICY INTEGRA TED BUILDING DESIGN & CONSTRUCTION POLICY Date Approved by SB Signature of Chair: Date Approved by SC: Signature of Chair: Supersedes:B��S ,tri � � rT�a� cy,Inte rated Building ��sign Construction PolieL Stpt ear 4, �Qetober 7, 2019 Revised: 2019 I. Purpose of Policy 1. To maximize the health and well-being of building occupants and the public at large. 2. To ensure the Town will design and construct its buildings to meet programmatic requirements while enabling operations to achieve the highest reasonably attainable and economically viable performance standards for health, energy, and resilience. 3. To guide the overall project delivery of a Town facility from a scope, schedule, and cost standpoint while maximizing sustainability objectives. 4. To evaluate and select optimal designs which (1) address the building's intended programmed use and which (2) minimize and mitigate the negative impacts of development, construction and building operations on the natural environment. 5. To maximize onsite renewable energy production given each building's respective site and site use, while minimizing energy use and operational costs of Town buildings. 6. To provide resilient and maintainable buildings. II. Responsibility The Select Board ^f�� (SBOS) and School Committee (SC) are responsible for adopting this policy and goals for school buildings. The Select Board of S le&tme is responsible for adopting this policy and goals for all other Town buildings. The term "Elected Boards" is used to identify these two bodies throughout this policy and goals. The Town Manager, Superintendent of Schools, Director of Public Facilities, and Permanent Building Committee (PBC) shall be responsible for the adherence to this pPolicy and the Town Manager is authorized to adopt additional guidelines, objectives, and supplemental materials to effectuate this policy and goals. The project "stakeholder" group referred to in this policy and goals shall be determined by the Town Manager and Superintendent of Schools, when appropriate, in consultation with the Elected Boards, but should include but not be limited to, representatives of the Department of Public Facilities, Permanent Building Committee, the building occupants, Sustainable Lexington Committee, and an invitation for a liaison from the Capital Expenditures Committee. III. Scope 1. This policy and attached goals apply to all Town funded building projects. 2. To the extent possible, all renovation and new projects, undertaken by the Town should achieve; the ad-"LEED Lexington" goals in the Integrated Building Design and Construction Goals Checklist and strive to achieve the LEED Silver standards, at a minimum. The application for LEEDTM certification is optional, subject to available funding and the discretion of the Elected Integrated Building Design Policy Revised through DATE44-749 Boards prior to schematic designs. The Elected Boards may choose to exempt certain building projects under their respective purview from these standards. IV. Policv The Department of Public Facilities and Elected Boards will strive to achieve the highest reasonably attainable and economically viable performance standards for health, energy, and resilience for Town building projects in accordance with the policy of the Elected Boards as follows: 1. Prior to initiating building design activities or selection of the design team, the project stakeholders shall establish specific targets for the project that consider each of the Integrated Building Design and Construction Goals Checklist as defined in Attachment A. The targets for School Department Buildings shall be approved by the School Committee and the Select Board of Sete ,,m&,... The targets for all other Town buildings shall be approved by the Select Board ofSat et ,n 2. Design teams selected for all facility projects that are subject to this policy shall at a minimum include LEEDTM accredited professionals with demonstrated experience in designing buildings that would meet the requirements of this policy and goals. 3. Prior to design, the project stakeholder group will make a recommendation to the Elected Boards whether to pursue the optional application for formal LEEDTM Silver certification. 4. The Integrated Building Design and Construction Goals Checklist shall be monitored by the Department of Public Facilities and the Permanent Building Committee throughout the project to ensure that requirements of this policy and the agreed upon, attainable goals are met. 5. At the end of every project phase (feasibility, schematic design, design development, construction documents, and construction), the project design team will prepare an end of Project Phase Report that addresses the design's adherence to or departure from approved scope, cost, schedule and the Integrated Building Construction Goals Checklist as attached. Project success requires that the design approval at the end of the schematic phase and design development phase meet the approved scope, cost and schedule requirements. The Director of Public Facilities will submit these reports to the Elected Board(s). It is recommended that Elected Board liaisons give regular updates to their respective Boards outside of the project phase reporting. 6. The Town shall implement a post occupancy commissioning process when roughly 20% of the one year warranty period remains. 7, Projects must commence with and maintain Y, " & a sufficient overall project budget and schedule. 778 [he 1 Department of Public Facilities and the Permanent Building Committee shall -provide the design team with guidance for developing a work l2lan consistent with a project specific version of Attachment B) that the design team shall then use to develop a work plan for the project.-Ahau V. Policy Revisions and Updates 1. No changes to theme policy, goals, or a attachments may be made without the formal approval of both Elected Boards. 2. This poisyan frr$��II1414-(4§+H't"Ae(lQio,"4r :{Ct /� aAu.chni(.,ms', shall be reviewed and updated by reoresentatives of the Permanent Building Committee and the Sustainable Lexington Committee, at a minimum, for anmoval a the Elected Boards every three years or sooner as required to reflect current, best practices and performance standards for health, energy, and resilience and any updates pp ����r�ii�r<t(i€��1 art to applicable e co es an reference materials,, gs �° 1 Wz�% to tm rove �;�.��,�r° �� This policy is to meet the goals set out in Article 33 of ATM 2013: Climate Change Resolution. Integrated Building Design and Construction Goals Checklist Consult Lexington's Integrated Building Design and Construction Policy for other requirements for New Construction and Major Renovation -Town Buildings This document is based on scope features defined in LEED 4.0 with additions /modifications driven by Town of Lexington requirements: adopted 8/27/2018 (pages 9-11) - Lifecycle costing shall be conducted using the Town of Lexington's costing tool. Project Name: Project Address: Project Phase: Report Date: Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief. Note: performance of higher level resilience includes lower -level capabilities. Level 1: Public Safety (Police, Fire, Public Services) -- No interruption of essential services. Level 2: Town Shelter -- Full electrical and thermal power necessary for life safety, food prep / refrigeration, lighting, internet connectivity and charging stations. Operational 24/7. Islanded operation maximizing use of on-site solar and storage. Level 3: Continued Operation — Full electrical and thermal power necessary for providing healthy conditions during extreme heaticold conditions, providing lighting, internet connectivity, and plug load charging. Operational during normal occupied hours. Smart load reduction in emergencies, mobile or on-site backup generation to carry load for continued operation. Level 4: Asset Preservation —Provide power to hold building temperature, provide light and manage building systems Source Explanation 1 LEED 4.0_() Standard LEED items with standard LEED requirements and definitions (LEED Ref#) 2 LEED 4.0_() Standard LEED items with specific Lexington definitions (LEED Ref #). 3 LEX O Specific Lexington requirements (Lex1 through Lex7) Lex Goal Explanation 1 Required Lexington requires this outcome / scope item to be included in the base case project design. 2 Ev & Report Evaluate the applicability of this item to the project/site and report on benefits and impacts of implementation KM LEED SCORING LEXINGTON MASTER -SCOPE CHECKLIST Expected Points Max Points Source Scope Item/ Feature /Outcome Lex Goals Comments Cost Impact Scale Y ? N Integrative Process: This policy shall be integrated into the Planning and Design 1 LEED 4.0 process from the project's inception. Evaluate the impact of the project on adjacent Required properties. 0 0 0 0 Resilience Resilience: Buildings shall be designed to deliver services based on the resilience levels defined in the Integrated Design Procedure. The resilience level for a particular building 0 LExI shall be consistent with the planned use of the building in the Town's Emergency Required Management plan. The level of solar and storage incorporated into the design shall be appropriate to the level or resilience required. Page 1 of 4 IBDP 3.4 IBDP 1.1 0 0 0 16 Location and Transportation 16 LEED 4.0_LTci LEED for Neighborhood Development Location Ev & Report 1 LEED 4.0_LTc2 Sensitive Land Protection Ev & Report 2 LEED 4.0_LTc3 High Priority Site Ev & Report 5 LEED 4.0_LTc4 Surrounding Density and Diverse Uses Ev & Report 5 LEED 4.0_LTc5 Access to Quality Transit Ev & Report 1 LEED 4.0_LTc6 Bicycle Facilities Ev & Report 1 LEED 4.0_LTc7 Reduced Parking Footprint Ev & Report 1 LEED4.0_LTcB Green Vehicles: a) Installation of EV chargers per Lexington bylaw 135-5.1.13-11, Electric vehicle (EV) charging. b) Provide renewable energy to support EV charging demand. a) Required by Town bylaw b) Ev & Report 0 =_ 0 0 10 Sustainable Sites Y Req. LEED 4.0 Construction Activity Pollution Prevention Required Y Req. LEED 4.0 Environmental Site Assessment Required 1 LEED 4.0 Site Assessment Ev & Report 2 LEED 4,0 ss4 and LEX s Site Development - Protect or Restore Habitat: Site development and landscaping shall comply with the standards defined in Chapter 176, Section 12.6 Landscaping. (Note: the Lexington Planning Department is not involved in reviewing or approving plans or performance.) Ev & Report p 1 LEED 4.0_ss5 10pen Space Ev & Report 3 LEED 4.0_SS6 Rainwater Management Ev & Report 2 LEED 4.0 sSS7 and LEX_7 Heat Island Reduction: In addition to LEED 4.0 SS7, the site design (including building and solar canopy siting) will utilize shading from pre-existing healthy mature trees and new plantings to maximize heat island reduction and will also consider other ecological services provided by trees and their benefits). Ev & Report p 1 LEED 4.0_ss8 Light Pollution Reduction Ev &Report 1 LEED 4.0 Site Master Plan 1 Ev & Report 1 LEED 4.0 lJoint Use of Facilities Ev & Report 0 =_ 0 0 11 Water Efficiency Y Req. LEED 4.0_WE1 Outdoor Water Use Reduction Required Y Req. LEED 4.0_WE2 Indoor Water Use Reduction Required Y Req. LEED 4.0_WE3 Building -Level Water Metering Required 2 LEED 4.0_WE4 Outdoor Water Use Reduction Ev & Report 6 LEED 4.0_WE5 Indoor Water Use Reduction Ev & Report 2 LEED4.0_WE6 Cooling Tower Water Use Ev & Report 1 LEED 4.0_WE? Water Metering Ev & Report 0 =_ 0 0 33 Energy and Atmosphere Y Req. LEED 4.0 Fundamental Commissioning and Verification Required Y Req. LEED 4.0 Minimum Energy Performance shall be assessed using Lexington's total lifecycle cost model. Required Y Req. LEED 4.0 Building -Level Energy Metering Required Y Req. LEED 4.0 Fundamental Refrigerant Management Required 6 LEED 4.0_EAci Enhanced Commissioning - Pursue: Option 1 of this credit: HVAC Commissioning Option 2 of this credit: Building Envelope Commissioning Required 16 LEED 4.0_EAc2 Optimize Energy Performance: Target onsite building energy use intensity (kBTUs/sq ft) for new buildings of 30% less energy use than ASHRAE 90.1 (current) or better; and for renovations, 20% less energy use than ASHRAE 90.1 (current) or better. Required Page 2 of 4 IBDP 1.2 IDBP 1.3 'IBDP 3.3 'IBDP 1.4 'IBDP 2.3 IBDP 2.2, IBDP 2.4 [ LEED 4.0_EAc3 Advanced Energy Metering: Use advanced metering and sub -metering to report and 1 track hourly interval electricity use data by end-use categories that exceed 10% of total Required annual electricity consumption and maintain said records for rolling two year periods. q LEED VA requires 3yrs.) LEED 4.0_EAc4 2 Demand Response: Install and properly maintain building management system to track Required and manage peak demand for energy cost reduction and emergency load shedding. LEED 4.0_EAc5 Renewable Energy Production (LEED 10%): Maximize onsite renewable energy. 3 Required LEX 2 Utilize energy storage when cost effective to lower peak demand charges and integrate with onsite solar. Evaluate and report on options for campus micro -grids. Required 1 LEED a.o_EAc6 Enhanced Refrigerant Management Ev & Report LEED 4.0 EAC 2 Green Power and Carbon Offsets Ev & Report LEx_a Evaluate and present options for achieving net zero energy use. Required LEX_4 All electric, zero emissions on site design (excluding fuel for emergency backup power Required generators). Backup fossil fuel heating systems will require specific approval. 0 0 0 13 Materials and Resources LEED 4.0 Storage and Collection of Recyclables: The operation of the completed building should Y Req. support reuse/zero waste operations with attention to material flows and incorporate Required design features to achieve these ends. Present design options that meet Lexington's zero waste targets. Y Req. LEED 4.0 Construction and Demolition Waste Management Planning Required LEED 4.0 Building Life -Cycle Impact Reduction: Using LEED criteria as well as an embodied 5 carbon calculation, calculate and disclose the carbon impact of selected design options Ev & Report p at each design phase, starting with feasibility. Include embodied carbon in the total life- cycle analysis for each design option, including renovations if applicable. LEED 4.0 2 Building Product Disclosure and Optimization - Environmental Product Declarations Ev & Report 2 LEED 4.0 Building Product Disclosure and Optimization - Sourcing of Raw Materials Ev & Report 2 LEED 4.0 Building Product Disclosure and Optimization - Material Ingredients Ev & Report 2 LEED 4.0 Construction and Demolition Waste Management Ev & Report 0 0 0 16 Indoor Environmental Quality Y Req. LEED 4.0 Minimum Indoor Air Quality Performance Required Y Req. LEED 4.0 Environmental Tobacco Smoke Control Required Y Req. LEED 4.0 Minimum Acoustic Performance L _arr .vr=k Required LEED 4.0_IEW Enhanced Indoor Air Quality Strategies i Enhanced Filtration — Install and properly maintain particulate matter filters to protect 2 health of the occupants and as appropriate for building type and use. Required Maintain indoor CO2 levels per Lexington Board of Health guidelines (BOH Memo dated December 18, 2015, Table 1). 3 LEED 4.0IEQc2 Low -Emitting Materials Ev & Report 1 LEED 4.0IEQ13 Construction Indoor Air Quality Management Plan Ev & Report 2 LEED 4.0_IEQc4 Indoor Air Quality Assessment Ev & Report 1 LEED 4.0IEQc5 Thermal Comfort Ev & Report 2 LEED 4.0_IEQc6 Interior Lighting Ev & Report 3 LEED 4.0IEQC Daylight Ev & Report Page 3 of 4 1 LEED 4.0IEQc8 Quality Views Ev & Report 1 LEED 4.0IEQc9 Acoustic Performance Ev & Report LEX s Toxics —Avoid the use of red list substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. Utilize Healthy Building Network (or the equivalent) information in the design and selection of materials and consider using products and services established by the Environmentally Preferable Purchasing program or other successor program of the Commonwealth of Massachusetts or other similar cooperative purchasing programs. Ev & Report 0 0 0 6 Innovation 5 LEED 4.0 Innovation Ev & Report 1 LEED 4.0 LEED Accredited Professional Ev & Report 0 0 0 4 Regional Priority 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report 1 LEED 4.0 Regional Priority: Specific Credit Ev & Report ®QM 110 Certified: 40 to 49 points Silver: 50 to 59 points Gold: 60 to 79 points Platinum: 80 to 110 Page 4 of 4 Integrated Building Design and Construction Policy (IBDCP) Proposed Edits and Additions Presentation to the Select Board and School Committee June 5, 2023 Introduction • Background: • The "Sustainable Design Policy", first approved in 2007, evolved into the IBDCP that was approved by the Select Board and School Committee on October 7, 2019. • Both the draft and approved policy provided valuable guidance during the design and construction of Hastings Elementary School, Lexington Children's Place, the Fire Headquarters, and the Police Station. Each successive project building upon the experience of the prior. • The integrated design of the buildings shows the value of establishing targets early in the design process when tradeoffs can be assessed, and that net -zero and near -net -zero buildings are achievable. • Proposed Updates: • The policy is to be "reviewed and updated by a Committee jointly appointed by the Elected Boards every three years or sooner ..." • It has been 3.5 years since the original adoption and with new building projects pending (e.g., the high school project) it is an appropriate time for an update. • The Permanent Building Committee (PBC) and Sustainable Lexington Committee (SLC) worked together to develop edits and additions to refresh the policy and approved the following updates to be presented to the Elected Boards. IBD! --P Presentation to u nfi SC 05 Jun 2- _. v � � } Introduction There are three parts to the Integrated Building Policy: Integrated Building Design and Construction Policy Attachment A: Goals Checklist Integrated Building Design and Construction Goals Checklist Attachment B: Workplan Guidance --Iasi Oft --h t a E.4 � f W Redlines of the Policy and Attachment A are in the meeting packet, along with the new Attachment B. �x Attachment A: Goals Checklist Integrated Building Design and Construction Goals Checklist Attachment B: Workplan Guidance --Iasi Oft --h t a E.4 � f W Redlines of the Policy and Attachment A are in the meeting packet, along with the new Attachment B. Policy Document —Summary of Updates Other than edits to dates and changing "Board of Selectmen" to "Select Board", the proposed changes to the Policy Document are: • New requirement: Section IV -8 to reference the new Attachment B • The Department of Public Facilities and the Permanent Building Committee shall provide the design team with guidance for developing a work plan (consistent with a project specific version of Attachment B) that the design team shall then use to develop a work plan for the project. • Recommended Update: Section V-2 to facilitate future updates • This policy and its attachments, shall be reviewed and updated by representatives of the Permanent Building Committee and the Sustainable Lexington Committee, at a minimum, for approval by the Elected Boards every three years or sooner as required to reflect current, best practices and performance standards for health, energy, and resilience and any updates to applicable codes and reference materials, as well as to improve stakeholder coordination and project management, budget, and schedule control. • The proposed approach avoids the need for the Select Board and School Committee to jointly appoint a committee to do this work. BDC e - ..'on � SM nd SC 5 _ n 2023 v 5 '_ Attachment A Checklist — Summary of Updates The following edits to the Attachment A: Checklist are recommended: * Removal of the term "Strive to Achieve" — the Design Teams found it confusing. * Update to the definition of the Level 3 Resilience Level. Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief. Note: performance of higher level resilience includes lower -level capabilities, Levet1: Public Safety jPolice, Fire, Public Services) —hie interruption of essential services_ Level2: Town Shelter -- Full electrical and thermal power necessary for life safetyr food prep: refrigeration- lighting- internet connectivity and charging stations- Operational 2417- Islanded operation maximizing use of on-site solar and storage. Levet3: Continued Operation — Full eleCtrical and thea ial Do-. Per necessarr nroidinq health v conditions during P_- reme heat old conditions pro-viding lighting internet lconnec6 11V and plug I ao,haiging_ n _;)er@tic-n@I Ol!ring 11GFM@1 G1-CL];)ie-d1 hours- Smart load reduction in emergencies- mobile OF on-site backup generation to carry load for continued operation_ Level4: Asset Preservation — Provide power to hold buildinq temperature- prG,,ide light and manage building systems -, Clarification of the "Integrative Process" goal and reference to solar and storage in support of resilience of the building. Source Scope Item T Feature 10utconne Integrative Process - This pudi,-Y shall rt Brat into the Planning anc LEED 4.0 Design process fro -i the pro'ects inception. Evaluate the impact of the Pr ®'.-ed n a .ace nt p r.--! r e rfie s. Resffience Resilience - Buildings shall he designedto deliver services nased on the resilience levels defined in the Integrated Design Procedure. The resilience LEX-i level for a particular --uilding shall --e consistent with the planned use of the nuilding in the Town's Emergency Management plan. The e__eI of solar an -1 STerage In c n rr 7ra Le d Int the -i e s i c n s h .3 11 _e a r p Fin p ri at" e to the Te el or resilience requiresn. BDCD Dresen!M on io SIB and SC 05 jun 2023 ju--- 5 ?W3 Attachment A Checklist — Summary of Updates The following edits to the Checklist are recommended: e Point to Town requirements for EV charging and evaluate renewable energy support. Source Scope Item iFeature f0utcome Lex its LEES 4.0 LTc8 Green Vehicles a. installaflon of E. Charce rs pLex seer ington ol. 13-* €__ -5. 1.13-11, E ectric e h i c I e i E char inc. c. Provisne reneo,--a-le e n e rcy to s u r p rt E _c1h a rc i n c in e ri a n a. a Requi -a oy Tn- n C.1aw lo, Ev &Report * Point to Town requirements for landscaping and evaluate use of trees to support the site. Source Scope Item f Feature i Outcome Lex Goals 10-iteD eve I o p rn e nt - Protect or Restore Ha itat - 3 ite �o e ' elsorment and LEED 4.0 —S$4 'm r. -scaring Shall co iwh owith the stanoaras d -,fined Ir C harter 11.6, 3ection E&Report andLEX-6 12.6 Lanascaring. Note: th.n Lexincton Planninc Derart-ient is not in.-ol-.-ea in r_'eodnQ sor aprroing Mars sor rerforriance., LEES 4.0-SS5 Open Space E:v&Report LEED 4.0 ssG Rainwater Management Ev & Repo Ft EED 4.0 -SS7 Heat Island Reduction - in addition to LEED .0 'S'S, 7, th-, site dsign '.€r lUdin and LEX 7 D fliding and sola arloF ming,. Will Liti ID? shading T€-npr-e-exi stin'- health Ev & Report M atLi re t,_es a n d n e vv p I a nti n -, s tu m axi m zt heat isIan a redo —Li --i in a n d w i 11 a I c'.o. - consid - - uth - - - zri-- � prodd,c Dy tret�s and their :)�n -fi-' t� � t� t�- - - t� LS.. BDCD Dre.—n Attachment A Checklist — Summary of Updates The following edits to the Checklist are recommended: is Include consideration of zero -waste targets and embodied carbon in proposed design options. 5isu r e ScGpe ttern Feature = urtcGr e Lex its Maters and Eta res LEEo4.0 Storage and Collection of Reccla-les -ih :perat€ n of the cumple=t�o ouiIininc ch1DuIin s u r r 1D rt re usce ze r, waite o.. parahinns . Ith af_ri11nn i_ pate r€aI R.eq..lJlfed oo.E end Pn orr Trate ocEicn features to a_hie-e these enos. Preset design -=Ctlsns rhai ""1 L.EYin gto n s ®e € ate t.3 -" LEED4.0 Construction and Demolition Waste 11anager:.nent Planning. Required LEED4.0 Building Life -Cycle Impact Reduction: Using LEEC criteria as :ell as an �_Mo_c€_ c ca rb on CalCLI ation. cal CLI Iate an I s clo s s the ca€Asn €mPaJ of selected design options at each design phase, ciartiinc ovith asioilit.. Induce Ev& Report v a € :mai mrl ! ?h total Me IV anal. FIs r®r a h va€ter �iI incluo€n = renc a €ono if arclicaele. • Add: Minimum Energy Performance shall be assessed using Lexington's total lifecycle cost model. • Add: Evaluate and report on options for campus micro -grids. • Remove: "targeting at least 20% onsite renewable energy production" since the requirement is already to "Maximize onsite renewable energy". ju--- W3 i Integrated Design Policy Attachment B Early Design Phase Workplan Integrated Design Policy Attachment B Early Design Phase Workplan Introduction: Lexington seeks excellence on its capital projects. A truly excellent project for Lexington will be one that provides an extraordinary functional and social environment that is sustainable, healthful, and resilient, Further, it is expected to be forward looking and flexible enough to be adaptable for new work models, maintainable, and expandable. Early -Phase Design: The Town of Lexington firmly believes that the very early Phases of design are crucial to a project's success and attaining excellence. This is the time when concepts and expectations need to be brainstormed in an uninhibited manner, explored, and evaluated. Near the beginning of the project, the full A/E [Architect/Engineer] team needs to contribute on issues related to massing, orientation, IVIEPFP infrastructure, sustainability, maintainability, healthfulness, and resilience, The Project needs to brainstorm learning opportunities, what physical environments enhance the function of theuildingg being designed, technology, flexibility, future expansion options, phasing, constructability, plus granting and reimbursement opportunities. CP =flim on io SB ncl SC 05 jun 202 v 5 013 Project Specific Organization Chart developed for the High School project to address "stakeholders" as addressed in the Policy The Integrated Design Policy states "The project "stakeholder" group referred to in this policy and goals shall be determined by the Town Manager and Superintendent of Schools, when appropriate, in consultation with the Elected Boards, but should include but not be limited to, representatives of the Department of Public Facilities, Permanent Building Committee, the building occupants, Sustainable Lexington Committee and an invitation for a liaison from the Capital Expenditures Committee." The diagram at the right was created for the high school project and is part of a two-page document that addresses how various entities are to interface on the project. BDCD = es _ o io SIB _ K- 05 a _n 10-13 _u n e 5, 2023 Conclusion Thank you for your consideration of the proposed updates to these three parts to the Integrated Building Policy: Integrated Building Design and Construction Policy Attachment A: Goals Checklist Attachment B: Workplan Guidance BDCD D-esen.a. On M SB and c 5 jun 201; ju--- 5 io Response to Select Board Member's Comment on the Integrated Building Design and Construction Policy Select Board Member's Comment: The one comment that 1 wanted to make the other night was related to one of the changes in ATTACHMENT A. Specifically, the Section on Green Vehicles refers to "b) Provide renewable energy to support EV charging demand". I would like to see this spelled out more specifically. What measurement is being used to establish demand? Depending on the measurement, it can have a great impact on the renewable energy required for a building. As we have seen from our current EV charger installations on town property, there is a vast difference infrequently they are used. The response to this comment is: The intent of this requirement is to make a distinction between the requirements for a building (Lex -3: Evaluate and present options for net zero energy use; LEED 4.0: Maximize onsite renewable energy) and the requirements for EV charging (Evaluate and Report on the ability to "Provide renewable energy to support EV charging demand"). As a result, a building can meet its net zero goal without considering the energy demand/usage associated with EV chargers in the parking lot. The requirement helps to ensure that the energy usage associated with EV charging is not ignored. Some sites may have ample space for solar and additional on-site generation (beyond what is needed for the net -zero building) may be possible. Other sites may not be able to go beyond what is needed for a net - zero building. The "evaluation and report" required by this new requirement will ensure that that evaluation is performed. The checklist is not an appropriate place for detailed guidance for how to perform this evaluation. Like the energy modeling for the building that is also required, the expectation is that the design team is qualified to perform this type of evaluation or can involve qualified engineers to complete the work following standard industry practices. The expectation is that the analysis would consider both peak demand measured in kW as well as usage measured in kWh. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Solar Canopy for Police Station Project PRESENTER: Mike Cronin, Director of Public Facilities SUMMARY: Category: Informing ITEM NUMBER: I.4 Mike Cronin, Director of Public Facilities will be providing a verbal update on the discussion at the June 14, 2023 Historic Districts Commission meeting on the solar canopy and any other relevant information. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 7:30pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Request to Continue Free Senior Parking in Lexington Center PRESENTER: Julie -Ann Shapiro & John Zhao, Council on Aging Co -Chairs SUMMARY: Category: Decision -Making ITEM NUMBER: I.5 The Council on Aging is requesting to continue the Senior Parking Program in the Center. Julie Ann Shipiro and John Zhao will he presenting. The Center Committee took this matter up and their June 8, 2023 meeting and have provided the attached comments SUGGESTED MOTION: Move to approve continuation of the Senior Parking Program through June 30, 2024 (or 2025 if the Board approves continuation for 2 years or for any term the Board may choose, including indefinitely). FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 7:40pm ATTACHMENTS: Description Type Serio ll"avklkm M MGmio COO Gwe'rr mc'mo D CenteCasmmntt�v G unuwu:as on Senior harking lE' og."rani Cover Menlo - Sticker usage between arand June 2, 2023 837 program participants participated Four questions regarding frequency, M of visits to Lexington Center, •whethertorenewal The participants I lso invited to provide a. . about the program. 100,0% 75,0% 50"01 c U N a- 25,0% 25"0I 0,0% TOS -ive Reasons for Visifing the Center Shopping Dining Business Personal Fitness services (e.g. hair, nails) What was your purpose during those visits? (Check all that apply) =- visittaxespecially -e iceMM o _ es since having good Sticke'reffands ,Eirkin park Iree pleasego h.Ip_ h a -Ilk- S money -z!xjj:mmeW renew P 9 inter IOVe often credt over wader able kcePhelpffil quarters c- k -. f ell eeord� timeis visits lent phoneke-lywlife a n changeencourages ��like lPodappreciated ll around aymg downtownneed talk MPS more spend library, f ermawE- kcal hope rnade,shop € .-�llnt businessrateful ishopping makes - _ husband. 11't'Ts wets w o ��rr e mac - sere c - t.7 - !!1 comments reflect ! sentiments -!a ! ! the program w • request to continue - More accessible and equitable parking system forseniors - Small financial benefit to show appreciation t! seniors who continue! in Lexington and paying taxes conduct- More motivated to shop, dine, business and socialize .. the center y1 G T SB to make SPP permanent, allowing seniors (65+) to park for two hours free at municipal lots and meters, all time limits apply. All current participants will be required to renew this fall. HS will be providing multiple options for renewal, including an online option. First-time applicants will continue to be required to apply in person. All passholders will be placed on the same renewal cycle (October of odd years) regardless of when they received their initial pass. HS will continue to process the applications. HS will continue to communicate monthly with LPD to provide updated participant list and resolve any questions/issues identified. MEMORANDUM TO: Select Board FROM: Julie Shapiro, John Zhao, Co -Chairs, Council on Aging; Melissa Interess, Director of Human Services, Michelle Kelleher, Director of Senior Services DATE: June 15, 2023 SUBJECT: Senior Parking Pilot Program Update Background: Lexington Council on Aging ("COX) and Human Services ("HS") are pleased to provide the Select Board with an update regarding the Senior Parking Program ("SPP") and to request the continuation of the program given its success. With the Select Board's approval, the COA and HS implemented the SPP as a pilot program in October 2021. The SPP is one of a number of initiatives we have undertaken and will be undertaking in response to the Age -Friendly Community Needs Assessment conducted between December 2018 and November 2019 by The Center for Social & Demographic Research on Aging, Gerontology Institute of the University of Massachusetts Boston ("UMass") with the Town's generous support. The SPP allows seniors (65+) to park for two hours free in the town of Lexington at municipal lots and meters. All time limits apply. This is an "opt -in" program, requiring an application with proof of age, residence, license, and registration. To date, a total of 1893 seniors are participating in the pilot program. The implementation and administration have been seamless, thanks to the efforts of the HS staff. The participants' age distribution is shown in the chart below. This chart does not include participants who applied with the paper application form — the staff verified age qualification from driver's licenses for all applicants but did not keep a record of applicants' ages. 500 400 300 200 100 0 °lair luclil aiu°iuts IlBy Age Giroqp 65-69 70-74 75-79 80-84 85-89 90+ In Number r caf Paffi dpants N Percentage • An email survey was conducted between May 23, 2023, and June 2, 2023. The survey was sent to SPP participants who had provided email addresses during the application process. 837 seniors' participated in this parking pass usage survey, and answered four questions regarding the frequency, length, and purpose of visits to Lexington Center, as well as whether the participant will renew if the program continues. The participants were also invited to provide feedback about the program. The summary of survey responses for the four questions are shown below. How,fi- . ue t . esua tw sticker to park Iirl the Cain°it i°w 1 Five seniors who do not have parking stickers also filled out the survey form. Their responses are not included in the summary analysis. �Aow brig was eacflhi V�sit tothe Center, un average? 100.0% 75.0% 50.0% 25.0% 0.0% rop Five Reasoo'isfoilii Visiting thie Cesir ter Shopping Dining Business Personal Fitness services (e.g. hair, nails) What was your purpose during those visits? (Check all that apply) 11'this IIprr ° u wni is a1rj�proved bythe Select Board to e iin t iiin te , WHHI yot i iviii,iew yotvr parking sticker? The program was popular from the first day stickers were offered on October 4, 2021. There were lines to sign up for several days, and a steady stream of people in the days and weeks thereafter. Interest in and appreciation for the program has exceeded our expectations. We have received a great deal of positive feedback from appreciative seniors from the beginning. From our survey alone, we received over 600 comments. The following is a small sample of typical comments: "After paying real estate taxes for almost 40 years, it's nice to have a small perk. I also don't have to figure out how to use the "new" meters." 'An excellent program that makes parking simpler and facilitates visits to town, and a nice, practical benefit to seniors." "Having the sticker means that my wife and I go into Lexington center (shopping, errands, taking a stroll) much more frequently than we would otherwise. We very much value this program." "Been so grateful for the sticker!!! Truly appreciate the extra help!!!" `7 absolutely LOVE my sticker,and wish more towns in our area had it. I sincerely hope it is voted in as a permanent benefit for us seniors. " "A very nice gift for seniors like myself. Thank you. " `7 am grateful that this program is available- every little bit helps!" `7 just learned about, and started using this program a few months ago, and each time I park and don't need to look for quarters, or think about paying, I am very grateful to the Town. In some ways, it is one of the best perks of being a Senior!" "This program is great, and I hope that it is continued. It takes a bit of the sting away about not having kids in school now and paying the taxes that we do in Lexington." "7t makes going to the Center much easier, especially in bad weather. Thank you and please renew." "7t makes shopping in the center so much easier! thank you for this benefit!" "7t makes going into the center less anxiety -provoking. Each time I am grateful to the town for offering us this "perk. " We Seniors share our good feelings about this offering. " "It's so nice to know that I don't have fumble with change or a parking app to park in the center. Please keep the senior parking stickers!!! " • The Lexington Police Department supported the SPP when it was first proposed and supports the continuation of the program. The objectives of the program are being addressed which is evident by the positive feedback and appreciation received. The initial request for the SPP was intended to: o Address the needs of Lexington's seniors while showing appreciation for all of our seniors who continue to reside in the community and pay taxes. o Help seniors who are physically challenged but might not require a Handicap Placard. Seniors welcome being able to avoid stepping over curbs and snowbanks to feed meters and navigate kiosks and the related new technology. It also makes the town's parking program more equitable. o Provide a small financial benefit, which is appreciated by many, especially by those seniors who are financially insecure. According to the Age -Friendly Community Needs Assessment study, when asked about whether seniors have adequate resources to meet their financial needs, 11 % of Lexington seniors who participated in the study disagreed or strongly disagreed. o Strengthen commerce in Lexington by providing this benefit to seniors who may not otherwise drive to the Center to shop, bank, or dine. Request for Permanency: • The COA and HS request that this free program be made permanent by the SB. o All current participants will be required to renew in October 2023. HS will be providing multiple options for renewal including an online option. o First-time applicants will continue to be required to apply in person. o All passholders will be placed on the same two-year renewal cycle (October of odd years) regardless of when they received their initial pass. c HS will continue to process the applications and will continue monthly communication with LPD. The COA and HS appreciate the Select Board's granting us the opportunity to implement this pilot program. Its success is a significant step toward Lexington becoming a more Age -Friendly community, and we respectfully request the Select Board to transition the program from a pilot program to a permanent program that does not require regular approval from the SB. We have attached the following: • Revised Senior Parking Program; • Letter of Michael A. McLean, Chief of Police, to James Malloy, Town Manager; • Letters of support from FCOA and Lexington at Home; • Response to Lexington Center Committee's proposed modifications; and • Unedited text of the more than 600 comments received from the email survey of SPP participants. We are available to answer any questions. Thank you very much for your consideration. SENIOR PARKING PROGRAM The Council on Aging and Department of Human Services is pleased to offer Lexington residents age 65 or older, free parking in the Town's municipal lots and metered spaces. • Parking is allowed at both meters and municipal lots. • Parking is not allowed longer than the maximum time allowed on the meter. If the sticker -holder exceeds the meter time, a ticket may be issued. • A sticker holder may not allow anyone under 65 years of age or a non-resident of Lexington to park free with their parking sticker. If the sticker is improperly used, the holder may be excluded from the program. • To be eligible to participate in the program, the individual must be at least 65 years old and a resident of Lexington. • Parking stickers may be placed on passenger vehicles only. No other class of motor vehicle is eligible. A sticker may be issued for each automobile owned by an eligible participant and spouse. • Senior Parking Stickers will be administered by the Human Services Department. • For first-time applications, in order to receive a parking sticker, a driver will be required to show the following proof in-person: 1. A valid Massachusetts driver's license with a Lexington address. 2. A valid Massachusetts motor vehicle registration with a Lexington address identified. 3. The Massachusetts registration must be for a vehicle displaying current Massachusetts license plates, either owned by, or registered to, or under a long-term lease agreement on the driver's license and the registration. 4. If the car is leased, the applicant must provide a copy of the lease agreement. 5. Any car, either owned by, registered to, or under a long-term lease agreement to a business shall NOT be eligible for this program. • For current sticker -holders who are renewing with no changes to the vehicle in use or registration, no documentation is required. Renewal requests can be made by online, by mail, or in person. • For current sticker -holders who are renewing and have changed vehicles and registration, a driver will be required to show the following proof by online, by mail, or in person: 1. New license plate number. 2. New registration. • Address for in-person and mail -in: Lexington Community Center; Attn: Parking Stickers; 39 Marrett Road Lexington, MA 02421 • Stickers will be sent by mail. • Stickers must be placed behind the driver's side window, on the outside. The sticker must be clearly visible. Each sticker has a unique number. When a sticker is issued, it is paired with the license plate number of the participant's vehicle. If the sticker number displayed on the vehicle does not match the vehicle's license plate number in the record, the sticker will not be valid and cannot be honored. • There will be a $3.00 charge for the replacement of any sticker before its expiration date. No free replacement stickers will be issued. For example, if a participant with a valid Senior Parking Sticker obtains another automobile, the owner may obtain a sticker for the new automobile for the remainder of the period of the original sticker by paying the $3.00 charge. The $3.00 charge will also be made for the replacement of lost stickers. • When a parking sticker is issued, the participant will be provided with a document with the rules and regulations of the program. i77so LexingtonTown Police Department MEMORANDUM TO: James Malloy, Town Manager FROM: Michael A. McLean, Chief of Police DATE: March 29, 2023 SUBJECT: Senior Parking Sticker Program I am writing this memo in support of continuing the Senior Parking Sticker Program developed by the Human Services Department and Council on Aging. I understand that the decision to have parking programs and establish parking fees rests solely with the Town Manager and Select Board, however, as the Police Department is involved in the enforcement piece of the program I felt it was important to provide some insight. As we initially thought, the Senior Parking Program did not have an impact on the operations of meter enforcement for the Police Department. Our Parking Enforcement Officer (PCO) monitored the amount program stickers he encountered and noted very little to no abuse of the program nor large volumes that limited parking turnover for center visitors. He will continue to monitor this situation and make recommendations if changes are needed. Human Services and the Council of Aging have established a successful system for criteria for use as well as distribution of the stickers. Our Traffic Bureau staff will continue to be available as a resource if needed. I see no reason from a Police point of view that this program cannot continue to be successful. I am available to discuss if needed or if parking conditions change in the center area. Le ington Police Department '5 T5 Massachusetts Avenue, Lexington, MA 02420 Tel: (781) 862-1212 Fax: (781) 863-1291 Friends of the Council on Aging P.O. Box 344, Lexington, Massachusetts 02420 /www.FriendsoftheCOA.org Board members: Suzanne Caton • Betty Borghesani • Peter Holland • Sudhir Jain • Janice Kennedy • Mickey Khazam Lorain Marquis • Shirley Stolz • Jane Trudeau * Chris Worcester May 31, 2022 Julie -Ann Shapiro John Zhao Co -Chairs, Lexington Council on Aging Dear John and Julie -Ann, The Friends of the Lexington Council on Aging (FCOA) is pleased to support the COA's request to the Select Board to make the Senior Parking Program permanent in Lexington. Our members have utilized the passes and have appreciated the convenience they provide to seniors shopping in the town center. One senior related that she now does not have to juggle her cane and purse while trying to find the coins to feed the meter. In bad weather and snow, the passes are a blessing for many whose mobility and balance are declining. We have spoken to many Lexington seniors who have expressed similar opinions on how the passes have made their shopping in the town center easier and enhanced their quality of life. The FCOA recognizes that this program assists the seniors who have lived in Lexington for many years during which their personal and financial resources have helped build the Town into the community it is today. We hope that the Select Board will make the Senior Parking Program permanent for Lexington seniors. Sincerely yours, Peter Holland, President Suzanne Caton, Vice President Jane Trudeau, Clerk Friends of the Lexington Council on Aging Lexington At Home is an organization of Lexington Seniors that is a social support network with the purpose of assisting one another to age in place. We wish to remain in residential settings of our choice for as long as possible, while leading typical lives. This includes shopping for ourselves and others on occasion. The Senior Parking Program has been very favorably received and a few LAH members who received the recent survey also commented to us that they hoped the program would be continued. Doing so, in addition to making life easier, would send a very strong message to the senior community that they are a valued cohort in Lexington. Howard Cloth Chair, Lexington At Home Diamond Chapter Senior Representative, Lexington Ad Hoc Transportation Committee Gary Fallick President Lexington At Home RESPONSE TO CENTER COMMITTEE'S RECOMMENDATIONS 1) The Lexington Center Committee ("LCC") proposes to extend the program by one year instead of two years. • This would be an unnecessary administrative burden on the Human Services ("HS") staff. • In 2021, the LCC opposed the program based upon anticipated problems that never materialized. The SPP has now been in place for almost two years, and the LPD and data provide no reason to anticipate problems in the future. • The most common length of stay in the center is less than one hour to conduct business. Chief McLean wrote in his letter to James Malloy "Our Parking Enforcement Officer (PCO) monitored the amount program stickers he encountered and noted very little to no abuse of the program nor large volumes that limited parking turnover for center visitors." 2) The LCC has asked to close "loopholes" which they believe result in 1) passes issued to non -seniors who are on the same auto insurance policy, and 2) multiple passes being issued to seniors who own multiple vehicles. • There are no loopholes that result in passes issued to non -seniors who are named on the senior's insurance policy. HS only issues parking stickers to seniors, regardless of who else is on the insurance policy. • LCC mentioned a statement on the website which indicated that if a vehicle is registered in someone else's name, "the applicant/car owner may apply for a sticker if they qualify, or they can bring proof that they are an insured driver on the vehicle." To the extent that was ambiguous, the language has been clarified to state "or they can bring proof that they are age 65 or over and an insured driver on the vehicle." • People with more than one vehicle have no impact on parking in the center. Even if a senior has more than one vehicle, they can only drive one car at a time and can only park one vehicle at a time. Fewer than 7% of program participants have more than one car. 3) The LCC proposes instituting an annual fee and making it free for those "in need." • While the financial benefit to seniors is not the main benefit of the SPP, all seniors appreciate this free program as it was intended - an act of good will which had benefits specifically related to senior, as many have raised families in Lexington and no longer have children in the schools. We want Lexington's seniors to feel appreciated, seen and heard. • Many seniors do have financial constraints, live on a fixed income, and do not feel secure in their financial position, whatever it may be. • The cost of HS having to collect and keep track of fees would reduce the minimal financial benefit. Any feedback you'd like to share? We really appreciate this program. This is an excellent support for seniors in town! Thanks for having it. A nice service of the town Very nice to have this perk! This is a great program Love it It's so nice to know that I don't have fumble with change or a parking app to park in the center. Please keep the senior parking stickers!!! appreciate this service for seniors as I have not used the school system for decades A wonderful idea and much appreciated. It is great to avoid the hassle of parking meters Just that is a wonderful program for seniors! Delighted to have this and to be free to utilize and wander in the center Excellent program for the elderly Great program -Thank YoutR This has been a seamless and terrific service. I am grateful for it and hope it continues! Grateful - hope it can be continued A great program for seniors who need access to town businesses. Makes coming to shop in the center a pleasure Great program Great program. Would like to see it continue. I like this program. The Senior Parking Sticker program is a wonderful program Great program! Hope it continues. As a new Lexington resident, the sticker makes me feel very welcome. I drive for FISH as a way of giving back. extremely helpful for us seniors Love it that Lex. is doing something for seniors who aren't among the wealthy. A lot of us are counting our quarters! It is a nice service provided to the seniors of the town, it allows senior citizens the freedom to use the downtown services and shops without worrying about the parking costs. I am a frequent visitor to the center and rely on my parking sticker. I appreciate the program and would definitely renew it when offered. Great program and a nice perk for seniors, many of whom have paid Lexington taxes for decades. Clarification on duration question: 80% of visits are less than 30 minutes. It makes shopping in the center so much easier! thank you for this benefit! Being able to park without having to fuss with a parking meter is greatly. Terrific program! I hope it will be approved. Having the sticker is a great convenience and very helpful. It'd be a shame to see the program end. Love this perk! Thank you We applaud Lexington's support for its seniors. I never thought I would use it, but I do! Hope the Select Board makes it permanent. Thank you for this wonderful program! It honestly makes me go to the Center more often -especially with all the newly moved in establishments that aren't banks and real estate offices that goodness. The center is more desirable and I appreciate being able to park for free now. I find this program very beneficial. I would truly miss it if it were eliminated. Please continue. It is very helpful and encourages me to use Lex Center I love the program. It makes me far more willing to go to the Center and spend time and money. I have really appreciated the program, and am more willing to go into the center for quick errands without worrying about having to worry about how I will pay for the meter I really appreciate this sticker. Love having it. Sticker is a great convenience, especially now that paying for parking requires an app. It's been a welcomed program Please renew it. It is extremely convenient and makes patronizing town businesses easier. Love this program Great program! I have found it to be very useful to have even though i use is a coupke of times a month. It's a great program. I stop in the Center more frequently because of it. Please consider continuing. Thank you! This is a valuable service to seniors. There are few enough money saving services for the elderly in Lexington as it is. This service needs to be renewed What a great innovation --thanks so much! It has motivated me to go to Lexington for my need instead of another town as it makes parking easier would like to see more benefits for seniors in town, most importantly, to reduce real estate taxes so we are able to stay in place. I grew up here and feel people like me are committed to this town long term. We should be rewarded for our dedication to Lexington. It has been wonderful to have the sticker program and I sure hope it gets made permanent! Thanks for doing this! I THINK THAT IS A NICE COURTESY FOR THE ELDERLY A great convenience Convenient, one thing less to think about ( quarters/credit card). Thank you I'm thankful that seniors can take advantage of this service. It is terrific not to have to worry about coins for meters. I urge you to continue to provide this service. This has greatly increased my visits to the town center. It's a great program. This programs brings me to the Center more often than I otherwise would come into town. It is a very good program for Seniors. It's been great and appreciated!!!! Thank you! Great concept. An important part of making Lexington a friendly place for Seniors to live. Really great program! Excellent program. Please extend it. Love parking pass A very convenient service. I'm very supportive of it continuing. Great program; perhaps should be expanded to every Lexington resident, perhaps paying a fixed amount if under 65 or 70 years old. Excellent idea definitely raises the quality of this town This is sa great gift to seniors. Please continue in your generosity! A nice senior service. Parking was the reason I avoid driving to the town center. The parking sticker is a wonderful benefit to the seniors, and I am sure more visitors in town center helps merchant's business; it's good for everyone! Yes, I would like to renew my stick. I love this program! It has been a very good program. I'm not sure that I can deal with the parking meters. Please continue program!! So helpful! Most appreciated! This is a really WONDERFUL program and I hope it continues and becomes permanent. My husband uses it as well a few times each week and being on a fixed income, it does help!! Very helpful when going into Lexington center Appreciate this service! waited a long time for this. family and friends have had this for a while in their towns. Great program. Made me much more willing to stroll around the renovated downtown doing several errands without worrying about feeding the meter. Please continue the program. Thanks. Thank you for making these stickers available The parking sticker is convenient for errands. When shopping or dining in the Center, it is nice to be able to shop or dine longer without interruption to go add to the meter. Just to clarify, sometimes my visits have been short—to go to the bank. Other times, longer — to use the library; eat; movies; hairdressers. I appreciate the value and convenience of the senior parking sticker and have been much more open to getting goods and services in downtown Lexington. Previously I avoided availing myself of down town—especially when snow mounds hampered feeding the meter. I hope this program continues. There is very little else that benefits seniors yet we still pay the mounting real estate taxes with limited incomes.... Thank you for your efforts as regards perquisites for Lexington seniors! have found it very helpful. less stress! I appreciate not having to deal with parking meters. I still walk and bike into town when time and weather permits. It's wonderful to have. I hope it continues. a wonderful convenience Can the renew process be done online? A very nice gift for seniors like myself. Thank you. I really appreciate the convenience of this program. It is a great program and I thank the Town for having it. With my husband (Peter Lifton) we used the program to shop and walk around the revitalized downtown area without concerns about an expired meter. Please continue it! Thanks. This is excellent, Frankly the town should simply abolish all the parking fees for everyone as it is harmful to use of Lexington center. There is no good reason for it. Great service for seniors.... Thank you! This is a great service for the seniors of Lexington. I hope the town continues this helpful program. This is a very useful and convenient option. This program has made it so much easier for me to spend time in Lexington Center, to support businesses and meet friends. Love the program. This is a great program for seniors in Lexington It was so easy conduction business in the Center. I hope the pass continues. This is a wonderful program and I hope it is renewed permanently Very nice benefit for seniors It's a great program! I really appreciate having a sticker. It feels like one way that I am a part of the Lexington community and that it is supporting me at this stage in my life. Thank you for this great policy. It's such a convenience. Please continue it. Thank you. I think it's an excellent program and hope it becomes permanent. The parking sticker program a very useful benefit for all the seniors. I strongly advise that you will continue this program. very convenient; provides an incentive to shop and dine in Lexington Center; lots aren't full at the times we go (usually weekdays between rush hours), so I don't think our use of the program impacts other parkers Very nice program to assist and thank the seniors of Lexington. really appreciate this program. It makes it easy to go into town to shop etc. This is a great program for seniors with limited mobility who don't have handicapped sticker I'm grateful for this program. This is of great benefit to seniors. Makes it easier to just drop in to the center. This is a great option to encourage senior retirees to shop in town. When I moved to Lexington 8 years ago, I was surprised at the need to pay to park at the library and post office. Now I don't have to worry about having quarters, and the parking is free! Thank you for making these public services free to seniors. I th ink it is terrific. I hope it is continued. Without the sticker, I would have shopped less in Lexington Center. It gave me a reason to use businesses in the town center more. The convenience is so helpful and makes me feel like a valued part of the community. This program is great, and I hope that it is continued. It takes a bit of the sting away about not having kids in school now and paying the taxes that we do in Lexington. I think no -fee parking would be great for everyone. I appreciate not having to dig change out of my pocket, but I think most Lexington Senior residents could afford parking. The sticker is very convenient - thank you. I have encountered out of town visitors who are trying to park but do not have the parking app and are unsure what to do. Some elders don't have smartphones. Just reporting. This program makes us more likely to visit the downtown and businesses there. This has been a real benefit and we are shopping and eating in the center more often. I'm much more inclined to spend time in Lexington Center when I can park for free. This has been a wonderful program for all seniors. Please continue. It has helped with being able to go to the center more often. I just learned about, and starting using this program a few months ago, and each time I park and don't need to look for quarters, or think about paying, I am very grateful to the Town. In some ways, it is one of the best perks of being a Senior ! This program is much appreciated. Makes it easier to get around and use the Center! Hope it's extended! Wonderful town service. Thanks think it's a great program and I hope it gets renewed! It's great! think this is a great service for seniors in our town. Please continue it. Awesome benefit I think it is a wonderful program and it is great to be appreciated! I love my sticker and the convenience it provides. No hunting for change! I love the program! Intangible benefit and allows more frequent patronage of the center businesses. The sticker is invaluable, especially in winter, when I cannot reach the meters. I'll park in the center whether it's renewed or not, but I love not feeling obliged to park farther from my destination to get a free spot, especially in winter. And yes, I can certainly afford to pay. But free parking means I'm likely to stay longer, visit shops I might otherwise skip. Very useful, it's not the money so much as the convenience I find having the sticker is so convenient. No need to have quarters on hand nor do you have to use your credit card. Also go to library every week. I LOVE this program. After being a resident/taxpayer for 39 years, I love this perk! Thank you. Simple and very beneficial It's Been WONDERFUL!!!!!!!!! VERY helpful!! This courtesy is most enthusiastically appreciated!! mostly I use free parking areas (if I drive -often I walk to downtown), especially since I don't bring a phone so don't do pay -by -phone, but there are times when the paid spots are useful, and times when am downtown for several hours so have to be mindful of the limit on parking times. Note it is very difficult to read the meters when the sun is out. An excellent program that makes parking simpler and facilitates visits to town, and a nice, practical benefit to seniors. This is a great program which actually even though it is a small amount makes me go to Lexington Center more appreciate the convenience of the senior parking sticker and hope that the program continues. Love this program! This is a fantastic service. The meters now use credit cards, which is good because having change is always a challenge. But I find that I cannot read what the meter is saying so it makes it hard to know if I have done it correctly. Nice that, after almost a lifetime of paying Lexington taxes, we seniors get this perk (and it makes it easier to pop into the center to shop and dine). Love the stickers and please continue. I LOVE HAVING MY PARKING STICKER! go more often and do more things because I don't have the hassle of quarters or a credit card. It is a great boon for me and will keep me coming to the center more often than going to banks, bakeries, stores that have easier parking. It's very nice not having to worry about meters, change, time limits, etc. Good service. The sticker was a godsend, so much easier to park and not worry about using the meters It made it so much easier for me. This is a low cost (to the town) benefit/return on tax dollar afforded seniors/retirees that encourages their patronage of downtown businesses. While it has a de minimis financial impact, the gesture by the town and local businesses is appreciated. THANKS for issuing the sticker Good program for seniors in a town that does little competitively to support seniors Great program It is a great idea for short trips to the center I love having the parking sticker. It makes going to the Center so much easier for me. Thank you. I have only been part of the program a short time and I LIKE it VERY MUCH This benefit has been a lifesaver for me. It has gotten harder for me to read the meter instructions since I've gotten older and in bad weather, it is hopeless. Because of much weakened upper body and core strength due to muscular dystrophy, putting coins or a credit card in the meter is sadly no longer an easy task. I very much appreciate this benefit every time I park downtown, and find that I make more trips downtown because of it. Makes shopping in center so much easier. Also, I go more frequently. I appreciate the simplicity of using the sticker --I don't have a parking app and keeping change is a challenge. Thank you Enables me to pick up my medicines at pharmacy without extra cost. It has been very helpful this program is very much appreciatex The sticker program has made it much easier for me to access shops, businesses, and the library in the Town center. This is a wonderful program. It is not so much that we get free parking but we don't have to worry about having change or using an app to park It is a well needed program for seniors both in terms of convenience and savings I am grateful that this program is available- every little bit helps- Thankyou! So nice, very convenient for seniors. Makes life easier. This hassle free service is really appriviatef The sticker has made me more likely to use services in Lexington Center It is a helpful convenience. I use downtown businesses and the library much more than I otherwise would have. It is an appreciated benefit. I find this service very convenient. I hope it will be continued. We have found the parking sticker relieves a lot of anxiety and a financial help! I appreciate the program. If program is renewed, increase outreach. I've mentioned it to several senior residents who hadn't heard about it who immediately signed up for it. Great senior benefit, especially since otherwise I would have to learn how to use some new app on my phone which, like most seniors, is not my usual way of navigating the world. It's much appreciated! Excellent program for seniors Fantastic benefit for the elderely, I would not want to miss it. It is very valuable to me have this sticker. This program makes it easier to make short trips into town for banking, post office visits, library visits, picking up medicine and occasional meals. It's one of the very few benefits of getting old -- and because the trips are typically very short, I don't think it puts much demand on the town parking resources. A real benefit of living in Lexington I love it Very helpful I appreciate this program. Thank you. The Senior Parking program is really helpful for all the reasons listed above. It has also been appreciated at this time because mail is not being delivered to our apartment complex and I go to the post office a couple of times a week to pick up my mail. This is a great program! I hope it is continued. Really appreciate not having to hunt my pockets for quarters or use my credit card in Pay -By -Phone app. This is a very useful service for the Seniors of Lexington. Please continue! This is a wonderful perk for Seniors especially in the winter when trying to climb around the ice and snow to put money in the meter is such an added risk for falling. I definitely see it as an asset and I'm sure I make more trips to the center because of free parking. It's also one less thing to remember to do with my forgetfulness. It is truly a gift to just pull in and do errands without having to worry about having change or figuring out how to use a credit card. just love the convenience without the hassle of looking for cash or credit card. Much appreciated convenience and benefits. Please keep this worthwhile program for the seniors. I use the library more and shop more in town because of the ease of finding a parking space. terrific program, hope it continues It is very comfortable not to use coins to park. Sometimes one doesn't have with and you need to park. Thank you for the service. This service is very useful for us seniors. Do not like the idea of fumbling with a website to pay 25 cents. think it's fantastic, so please continue the gift!!!! This pass gave me peace of mind at not having to climb over snow & ice to feed the meter. Thank you. I appreciate the convenience the sticker affords and will continue to use the perk as long as I continue to drive. It's great!!! Thank you! It is a hassle, esp for us seniors, to deal with paying via a website. This is a very useful service for us seniors Without this program I wouldn't go the center as much really appreciate having the sticker. It makes each visit to Lexington center easier to undertake knowing I don't have to worry about getting a ticket if I exceed the parking time allotted. A very handy program. How about reserving parking spaces closest to shops in big lots for sticker - only parking, since most drivers are elderly. Similar to handicapped parking. I love not having to worry about feeding the meter when I'm running errands from one end of the center to the other. I frequent local businesses more and meet friends for coffee, lunch or ice cream and sit on the benches to chat or read (thank you for that!). I don't stay more than 2 hours unless I eat and go to the venue so then I park further away. I love senior free parking! Please extend this wonderful program. Excellent idea Great program for convenience to do business, volunteerism & enjoy Lexington's offerings. It's a great program. I hope you will continue it. It is a wonderful convenience and I hope the Select Board continue the program. A great program which should be extended throughout the Commonwealth. Despite being computer savvy it is hard to use the iPhone parking app in other communities. A great benefit for seniors! It has been great especially during inclement weather, thanks so much for proposing and implementing this program, it is so helpful. I visit the center more frequently because of this program. I hope it is made permanent. I really appreciate having this sticker and not having to worry about feeding a meter and getting a ticket. I feel it is a really nice benefit the Town provides to Seniors. I hope it continues. Thank you for offering this! We like this program very much. It is very convenient for us senior. think it is a great convenience to stop for a short time without having to deal with meter The Senior Parking Sticker plays an important role in providing easier access to Lexington Center for prescriptions, health care products, and banking services that I use more frequently as a Senior. I'm grateful that the Select Board, the Council of Aging, and Human Service are making this program possible. Thank you for approving this programs renewal. Very useful I appreciate this senior benefit. I am handicapped and program is extremely helpful I love the convenience Love having this privilege available to me! Please continue program Very appreciative of this and hope it continues Loved it. Before my husband died last October, we had his Handicapped card. It is very important to me to have free parking when I can take advantage of it. Thank you. Make it permanent When I heard that this program would be coming up, my husband laughed at me - pointing out that it doesn't cost that much to park. Ignoring that prices have gone up/time has gone down on meters, the convenience has won my husband over. He recently pointed out that it's a pleasure NOT to have to hunt for quarters, not to have to figure out how to use a cell -phone only parking meter, and the ease of doing a fast errand without worrying that he forgot change. The courtesy and convenience afforded to the senior population exceeds the loss of income from meter use. We love it! I didn't realize how annoying it was to constantly have to deal with parking meters until I didn't have to! Great program. Please renew it. I do more things in the center than I used to because of this. It's a much -appreciated convenience This has been a great program and I am more inclined to go to town knowing that I have the privilege tc park for free. Please keep it going! Works well It is a wonderful program!!! This is wonderful!! Convenient and appreciated. Love it! Spend time at library and great not to fret about meter. The friendliness of this program encourages me to shop in town. I appreciate having the sticker. like it.... Thank you! Of all of the services the Town provides to our family, this is the best! Makes me feel welcome downtown and is a godsend in icy weather. I used to have to climb over snowbanks to try to use the parking meter. It has been wonderful. Thank -you A great benefit that we both appreciate! Love this program I feel this program helps the seniors in town a real lot and hope you make it a permanent approval my wife and i want to thank you for this trial period. Many towns only allow what for me is a complicated payment system using their preferred app. Even if I have joined whatever the service is, it takes me several minutes to use my phone and successfully pay the fee. I am much more likely to go to Lexington Center where I have no hassles parking. I'm not sure what payment system Lexington now uses for meter but the sticker is certainly easier for me. It's a great convenience. Please continue program I would like this program continued. It has been a great help. I love this program! As someone who never used the school system and lives in a condo development where we pay for our own road maintenance and snow removal, I am thrilled to get this small but meaningful benefit from the Town as a senior. Thank you so much and I hope the Select Board decides to continue the program love it Very grateful for the privilege!! Find I go into the center more often since getting the pass. Thank you This was an excellent service and has made it easier for me to decide to participate in center activities. I love this! I hope the program is renewed. A nice program for Seniors I think it's a wonderful idea and I am very appreciative! The sticker make parking very convenient for me. The stickers are a wonderful addition to the services provided to senior citizens. It is a great benefit. Very convenient and appreciated. Thanks for the program. Increases my likelihood at shopping in the center and makes it more convenient It is a great program for senior with limited financial resources. Thanks I love this. Saves me so much time and effort Although I have not used it, I am glad that it's available as a choice if needed. I have really appreciated this! Please keep offering it. I love the service and am grateful to the Town for providing it. Thank you. This is a TERRIFIC PROGRAM:) Please renew!!! Very convenient The sticker was such a help after my recent hip replacement, allowing me to park close by the drug store for meds without scrambling for change or trying to figure out the Pay To Park. A great benefit to seniors on fixed incomes. This is a great program to encourage Lexington seniors to physically use center businesses. The Senior Parking Sticker is a wonderful and much appreciated convenience for Lexington Seniors. Thank you for providing this Program. What a wonderful service. Keep it going. I appreciate very much the senior parking sticker. I hope that the Select Board approves continuing the program. Worked well so far. Thank you. Very convenient for my husband snd I to have the sticker and don't worry about payment This is a great program for Seniors! Excellent benefit that not only benefits the patrons but also all the businesses in Lexington. The sticker has been very helpful! Thank you Wonderful. program It is something that I and most of my friends enjoy using. It makes it a lot easier for us rather than open up our phones or look for coin. I would even be willing to pay a small fee to help fund the program. It's one of the very rare things in this town we get for free, PLEASE continue the program. Much appreciated service. Love the program. Makes it easier to drop into Lex center for my needs. Thanks! Great program! This program has been very helpful, especially when the weather is bad and walkways are slippery. Thank you! Very helpful for me. The town is so youth -focused, I appreciate this program. It's a wonderful benefit for the elderly. My business usually takes less than an hour This has encouraged me to use the center and shop the businesses here as much as I can. The program has been extremely helpful and has make life convenient and enjoyable visiting the Center Great asset for less mobile seniors Was great senior benefit. Very helpful. Nice to be considered and respected with this small gesture. very helpful, no need to stockpile quarters or figure out how to use !phone to pay The sticker is a real help. Dealing with parking meters can be difficult. I wouldn't mind paying a small annual fee to keep the sticker. I am not a big shopper but I feel my relatively short forays into the Center does not have a negative impact on parking availability. Thank you for providing the service. greatly appreciate the convenience This is a great program and we really appreciate the program. Very good program!! Very convenient, save time and moneys This is a wonderful program! I hope it continues. I love having the sticker. Without it, I would be more likely to conduct business elsewhere where parking is free. Nice program. It is terrifically helpful to me, especially in the Center. This is a terrific service and convenience to the seniors of Lexington I have appreciated the convenience of this program- not having to look for coins or fuss with a credit card for parking. I have recommended the program to a couple of friends who now use it as well. I would like to see the program continued. Many thanks. Being comfortable especially not knowing how to use meter/app etc. This sticker has made it MUCH more likely that I will choose to visit a downtown establishment. A much appreciated benefit which prompts coming to the town center rather than other shopping and dining venues Access to services in Lexington Center gratefully enhanced I really appreciate the program I dislike using a credit card for small amount payments. Please keep this program. very much appreciate the program and support it's continuation. Thank you for offering these most useful, convenient and greatly appreciated parking stickers. Much appreciate the program, a nice welcome to seniors. Great service offered to seniors. Program is very helpful/. Should be continued please renew the program! It's a wonderful perk Sticker is very helpful and used at least several times a week. I love it! Please continue this helpful program. It's a great program! This has been such a gift and making it so much easier to park in the center as well as for events at Cary Hall, and it was nice not to have to figure out how to use the app parking spaces which discouraged me from coming in town. It's very helpful, especially in the winter when there are piles of snow to climb over. Makes like so much easier My wife and I think it is great! It is much safer and more conveninet now to go the Center in spite of all the construction. We have definitely brought more business to the Center. Been so grateful for the sticker!!! Truly appreciate the extra help!!! It is a wonderful benefit for Seniors, and I really appreciate it. Thank you for providing it. great program LOVE this program. Seniors pay such high taxes and it's nice to feel we're getting something tangible in return. didn't think Lexington seniors "need" this, but it's been really nice! Also appreciated, as it makes coming to the Center simpler. It's a wonderful service! May it contiune! This is a great, inexpensive service. It lifts a source of tension - having to find coins or worrying about having forgotten to feed the meter. I strongly dislike needing an app to park in much of downtown. I resent being asked to keep adding apps on my phone. That created a disincentive to go downtown... until I got the sticker. So thank you! Please continue the program. Thank you for this program for seniors. I have appreciated it each time I am in the Center. The Senior Parking Sticker is a GREAT idea and an incentive to visit downtown Lexington! Love the program. Please keep it. This service has been an enormous benefit to me. Thanks. Great benefit for seniors This is a nice program for us seniors. Please continue it. I really use and appreciate having this senior amenity Nice entitlement for seniors, please continue Excellent idea and I hope it continues. The sticker is wonderful idea! I definitely head into the Center more than I did when I had to pay for parking! Hope it continues! Keep this program, it's very useful I have not had a sticker but keep planning to get them for my husband and for me. It is a wonderful idea. It has been very helpful to have this sticker. Thank you. I would hate to see this program stop. It made it so much easier for me as a senior. Great program. I go to the Center stores and eateries more often than I used to. Please continure the program. greatly appreciate this program for its convenience, especially for shorter stops. I am far more inclined to do errands and order take out foods in the center now that I don't have to mess with my phone to pay for a meter (and feel nickeled and dimed) for these short hops. I had come to avoid the center almost entirely before we got the passes. I also appreciate not having to worry about exceeding the number of minutes left on my meter if an appointment, meal, or errand runs a bit long. While only partly related to my pass, I also love how the new meters have opened the Meriam lot to Meriam St. It is so much easier for me to park downtown during high traffic hours without having to go onto Mass Ave. Fewer turns onto Mass Ave are better for everyone moving to and through the center. think for the seniors it is a positive feature to use the center. I feel no matter the feedback it should be continued. Parking has increased a lot in recent years. I feel more relaxed not to worry about carrying quarters and extending my intended time to spend at the Center. The sticker is very helpful. Thanks. Because of the parking sticker, we make a few more trips to town center than we would otherwise. It has been very helpful to be able to park at the post office during my frequent trips there, especially since the post office now recommends not using outside mailboxes because of security concerns. Thank you for making this sticker available. The first time I used it (as I was instructed) I got a parking ticket anyway, so I photographed the sticker and ticket, protested it and won; but the decision came days after the warning that the fee would go up after this time. Maybe as a new program it will take time for the traffic police learn it. This is absolutely a wonderful program. I am penny-pinching enough that I would avoid going to the center because I would have to put a quarter or more in the meter (when we moved here in 1975 the meters just cost a penny!!!) This clearly allows me to visit the center more often, please renew it! Very convenient and a good service I love having the sticker and hope the program continues. I am very appreciative of this service especially in the winter or rainy weather when it is difficult to climb over snow, stand in the rain or wind, or try to read the print on the meters to determine time and directions. Thank you Lexington. Probably shop in the center 30-50% more than we used to. We love having the sticker and very much appreciate how much easier this sticker makes it for us to come into Town and not have to worry about having change or using confusing phone apps or trackin time. Grateful for the program. It makes a difference. Very nice and inviting! Having the sticker means that my wife and I go into Lexington center (shopping, errands, taking a stroll) much more frequently thank we would otherwise. We very much value this program. This program is a godsend for the elderly This parking sticker makes it so much easier to be in the center. Takes the worry out of where to park. I really hope the program is continued. Thanks. Thank you! The purpose of Free Senior parking for me is safety. Years ago, when it snowed more, the meters were buries by the snow from the streets. sidewalks, etc. It is extremely dangerous for seniors with knee/hips problems to climb up to put the money in the meter. This is a helpful step when shopping or dining As a new Lexington resident, this program has encouraged me to explore Lexington Center more. I hope you will continue it. Great senior benefit. This has been very convenient! It's been a godsend. Great benefit for Seniors, please renew. Great program It is a wonderful gift to the senior population! Going to the bank, dentist, take out at the restaurants and CVS is so much easier. Thank you So wonderful to feel valued and not invisible. I would not do business in the Center as often since parking is a challenge during construction season, bikes, pedestrians, etc. Thank you! None senior parking program is a godsend for seniors ! My wife and I are very pleased with the sticker program and hope it will be continued. It's very helpful to have it, so I don't have to bring change in my pocketbook = making it very heavy to carry. Will make me more likely to go to the Center Please keep the program. Very convenient for me but one of the best things was it got me into the community center for first time and I learned about how much amazing stuff it has offer Thank you A wonderful convenience!! Sticker needs to be more prominent, as sticker was not noticed. I paid because it was an inconvenience to protest. Some mobility issues - this makes it much easier to do business in the center. Well done This program makes my life easier. For quick stops in Lexington Center, don't have to think about the parking meter. On my commute to/from work I'm somewhat more likely to stop in Lexington center that elsewhere. Makes it a little easier to invite a friend to eat in Lex Center. I'd use the sticker more if I didn't walk. I find the sticker to be very convenient. I would pay for a sticker, if necessary. very pleased with the sticker and hope it continues This is a terrific benefit for seniors and I hope the Select Board makes it permanent. The senior parking program is great. It makes it easier to go to the center and therefore more likely that I will go. I don't have to worry about finding change for the meter and the "Park by Phone" is frustrating. And in the winter trying to climb over snowbanks to put change in the meter is dangerous! Please keep the program. I don't have a sticker but would like to get one. As a senior, it is a great perk. Its been great, I have been to Lexington center more frequently since I have the permit, I used to avoid for small errands, now I don't have that concern. This has been a really nice thing to have. It makes it much easier for me to visit Lexington Center. This is a wonderful benefit to seniors. I hope it will be extended. The sticker makes going to the center less stressful As a senior it has been extremely helpful to be able to park at a meter and run my errand without being concerned about putting money in the meter. Now I choose to shop/dine in the Center instead of going elsewhere where I don't have to pay for parking. I love this program! Thanks Having the sticker made it very convenient for me to visit shops and the library in the Center. In good weather I walk; but I'll use it more in the winter. It's really nice to know I can get a take-out order or haircut without figuring out the meter app. This is a wonderful program that means a lot to us and encourages more frequent visits to Lexington Center and its businesses. This has been wonderful. So much less stressful not dealing with stickers and meters, back and forth, etc. A much appreciated benefit! How about arranging likewise usage with adjacent towns? Thank you for offering this program and for working to make it a permanent program. The sticker makes my parking life a lot easier. Thank you! Love my parking sticker. Extremely helpful. Very convenient, especially in bad weather when it's hard to get to the meter. I would like to see this program continued. It is a wonderful way to support the seniors in our community. It has been a real asset. You will have many seniors very upset if this program does not get renewed. Please continue this benefit for seniors. It makes my life much easier. We pay high taxes to live in Lexington and it's a wonderful way of acknowledging our presence. Very valuable benefit for a group of citizens many of whom are retired It is such a pleasure to be able to park without worrying whether the money put in a meter will not be enough. I thank anyone who is associated with this matter because I enjoy it so much. I really appreciate this program. I hope it continues. After paying real estate taxes for almost 40 years, it's nice to have a small perk. I also don't have to figure out how to use the "new" meters. Good program. Thank you I am grateful for the sticker and its convenience It makes going into the center less anxiety -provoking. Each time I am grateful to the town for offering us this "perk". We Seniors share our good feelings about this offering. Please continue the program This is a very convenient perk. I would hate to see it ended, The program encourages me to go to the center. Encourages me to go to the Lex Center. Wonderful program! Very appreciative of this program ! Excellent program. I think it encourages seniors to use the center more freely. Such a wonderful gift This is a great program for seniors and I hope it continues. The senior parking is very helpful, thanks! It was a lovely perk. I went downtown Lexington more often This would make shopping/parking much easier. I really appreciated the help the sticker provided. Really makes it easy to drive into Town. No need to fumble around for a credit card! It's great! Love having the sticker! Thank you! Great benefit. Very useful. The sticker was especially helpful during the winter since snow made it frequently impossible for me to reach the meter. On other occasions, it had been difficult for me to read the screen on the meter due to sun glare. Great program! Sticker has been very convenient and helpful. Wonderful to be able to park downtown - I've been downtown more often with the sticker It is a great feature and will make going to the center easier and help local businesses. Great program - please continue! I love this program. It encourages me to park in the center and makes it easy to do so. Since getting the parking pass I spend more time (and money) in the center. Thank you for this. It's a wonderful perk for seniors, I hope it continues. It is a convience as well as a financial without having the coins always available We love it! Lexington Center retail is suffering after both COVID and the sidewalk renovation project. I have lived in Lexington since 1976. 1 try to do as much of my shopping as possible in Lexington. I avoid on line purchasing in favor of buying locally. That has become harder and harder over the years because the Center has too many banks, hairdressers, nail salons and realtors and overly narrow stores like the recently closed pasta store. Our center used to have real retail such as three bookstores, a butcher, the Gap, DeCelle's clothing, Kohl's, the toy store (sadly replaced by a not needed liquor store which is likely to close at the end of its initial lease) and more. Now for clothes purchases I have to shop in Belmont or Concord. I do not shop at the Burlington Mall. I enjoy using my parking sticker in Lexington. I would like to see its eligibility extended to all Lexington residents and persons employed in Lexington to encourage business support. That might boost business in the Center. One idea is that two parking stickers could be distributed along with the real estate tax bills once a year and other Lexington residents (renters, teens, people working but not living in Lexington) could apply for a sticker. Lexington Center needs to be saved. We have lost too many retail businesses. The commercial weakness of Lex Center makes it hard to attract new businesses to open. This program has increased my usage of businesses around Lexington because I no longer have to worry about the hassle of constantly feeding a parking meter. Please keep it up! Many thanks. A very valuable service. Thank you. It has made a difference. I love not having to worry about the slippery ice and snow piles by the meters! do you find that people are overstaying? could organizations provide dashboard cards for those who are in meetings that will go over an hour (historical society, garden club) and otherwise have a time limit and ticket after an hour? Excellent service for seniors This program has made it easier to go to the center. I avoided going to businesses in the past. It is an incentive to do errands in Lex Ctr and therefore good for business Please renew the program. Makes parking and shopping easier. Thanks so much It is an excellent program- please renew This program has been a great help! Thanks! Extremely helpful! Hope we can keep this program. Makes life easier. We walk about 20 minutes in the center and it's such a convenience not to have to look for change. It works well and is helpful for seniors It make shopping in the center much easier. Now do not have sticker. please don't take this away very helpful hope it will continue Didn't know I could get a sticker. I have been paying, usually quarters. Love the program. It's mostly the convenience, though the no -cost is nice too. Having the parking sticker makes it easier for me to shop local. We love this program, it simplifies parking for us and we would love it to continue It was a wonderful benefit not to have to worry about a meter running out of time. The sticker has been a great perk from the Town. I hope the program is renewed. it has been a blessing. I use a cane and manipulating purse, cane or climbing on snow is a real balancing act. When we got a new vehicle I was not allowed to get a new sticker without paying. I was told I would be replacing a "lost" sticker. The state allows transfer of transponders, so why pay for a new sticker because we got a new vehicle? It's a fabulous idea for the elderly Thank you for this program. My wife and I appreciate this program very much. Thanks very much. I am more likely to dine and shop in Lexington rather than neighboring towns because of the sticker. It is extremely useful. I do not have to worry. Great program. Incentive to do more business in the Town Center It is a very good program and benefit for senior residents of Lexington, because it is very hard for us to adjust to new parking pay system. I think it is a great program. It makes it easier to go to town and park Please renew it We are very appreciative of this very popular program. Please continue this. It is the convenience, not the cost savings that matters to me. I especially appreciated this program in inclement weather and whenever the roads and sidewalks were icy. It's a comfort to know I can rely on the sticker - THANK YOU! This is absolutely the best benefit for seniors that we have . I use it almost daily for shopping, errands, dining with friends and much more. It is cumbersome, for those of us who are older, to deal with cell phones to pay for parking meters or to be searching for quarters. Thank you for continuing this most important benefit. This program is helpful to retired people on a fixed income. This program has definitely encouraged me to use the Center much more often than I have in the past. A great policy! I appreciate the service It's not the money but the convenience and ease of having the parking sticker. I find that I go into the center to the various businesses a lot more frequently, knowing I can quickly park and get on to my errands. It's a great program, I wish there wasn't a charge for a replacement. My rear side window was shattered while my car was parked in Cambridge, and I believe it's $15 for a new sticker. Maybe I should just use the meters! This program has been a great benefit and release from stress! It's of enormous help if there's snow on the ground or obstacles to the meters. The rest of the time is a much appreciated benefit of aging in Lexington. Thank you t Not that I have had the opportunity to use the parking sticker often, but yes It has been very convenient when I have been to the center. I do hope they reinstate the sticker. It feels like a nice act of support for us seniors. I truly appreciate this program. It is a great convenience. It's not the money. It's the convenience. If I can just park and go I am more likely to go to Lexington center. Otherwise I can go to Bedford or other locations for services and shopping. This is a great incentive to keep Seniors engaged with the town. It has been very convenient to have that sticker I find the senior parking sticker to be a very welcome and useful Lexington benefit. Thank you! As a senior taking care of a severely disabled spouse, this program has been a tremendous help so that I don't need to worry about having enough quarters, rushing through errands/appointments, or trying to figure out the latest technology for paying, especially when there is ice and/or snow. Very benefit to the senior people I really appreciate having the sticker! Lexington really has not much as far as senior citizens are concerned; i.e., nothing much for seniors re playing games at Center other than perhaps bingo and lunch. Also so many towns and cities offer seniors reduced RE taxes. Lexington is not a senior -friendly town so I hope the town is not thinking of cancelling this small perk. Really enjoy the ease of parking with my sticker. love this program! It's not saving the 25 cents hourly parking rate that matters, it's the convenience, the time saving, the confidence that you don't have to search for a quarter you can't find. The program is such a tangible way for Lexington to acknowledge its seniors. I appreciate it every time I park in the Center. I love my sticker. I don't have to remember to feed a meter and then worry about having it time out. In general, I try to walk to the center. but it's nice to have the sticker for bad weather, etc. Free parking is greatly appreciated. A very nice service! Hope it continues! This program is wonderful! Please continue it. enjoy having this sticker. This program has been very helpful: I don't have to keep getting quarters, I'm not sure how to use a credit card and it's much safer in the winter when it's often difficult getting to the meter. Thank you for offering this program. Sticker has helped immeasurably. It has been great This sticker program has been absolutely great! No more keeping quarters or worrying about a ticket. Please do renew the project. For seniors it is a huge benefit. makes the town visits a lot easier This is been a good addition for the senior population in town Thank you for the service! Thank you Lexington! Very helpful! Hope is continues. I'm very grateful for this service and hope it is renewed So helpful to have this option for the senior population. A lot of our Center visits are very quick (CVS, PO, Copy Center, takeout, eyeglasses) with some longer (salon, restaurant) and I have no desire to have to use an app to pay for parking and in the past often did not have enough quarters. Hope the town retains the program which will foster good will for the senior population in town. Please keep the program. Love the convenience. Find parking sticker idea to be a wonderful idea! Great program Nice in bad weather not to have to bother with meters especially in snow. Great feature - thanks!! My husband and I have 2 cars and each one of us has a senior sticker so this is really a reply for 2 individuals in the pilot program. We found this pilot program to be very helpful as a parking option for seniors. Most of our Center visits are quick jaunts (CVS, Wales Copy, eyeglasses, takeout) and a very few longer (hair, restaurants) and to be honest we have no desire to have to use a Parking app - let alone do we any more collect enough quarters to feed meters! I hope the town continues this program as it will continue to generate good will for the senior population. I would fear we are in a climate where small perks here and there for targeted populations (i.e. seniors) are scrutinized but have limited impact on overall budget and might be eliminated for other reasons than good will. The sticker does not show through the rear driver's side window. While I have not been ticketed as a result, my guess is that it could happen at some point. If the sticker could be in a more visible location, that would likely be helpful. Lexington has a plethora of programs for families with children. We have lived here a long time and have always supported the schools, library, and town programs even if we do not currently use those services. The senior parking sticker has been very much appreciated and used- and it feels like a nice gesture to those of us who are trying to stay living here. love the sticker, makes me feel I'm getting value from tax dollars It is a wonderful perk, thank you so much for acknowledging seniors who pay so significantly in taxes to our community! I love this program. I've been surprised at how much more enthusiatic I am about going to the Town center with this program. It's not about the money, but it feels so much easier and more welcoming (a bit like flying with TSA Pre -check vs without it). I very much hope that the program continues. It's the best thing that ever happened! I'm always looking for change!! Nice perk for seniors. Thanks Fabulous program that makes it so easy to park in town. This has been an invaluable service while recovering from hip surgery. It has allowed me to walk in and around the Center of town and to park close to where I would meet friends from other towns. I cannot imagine not having this parking service and am very grateful for it. Thank you! Great program, please continue. This program is very much appreciated! This is a small but valuable benefit for seniors who live in Lexington. I know it makes me more likely to consider doing business downtown rather than elsewhere. Great perk for Lexington seniors, approve it. After living in Lexington all of my life and on the same street, it is fantastic that the town recognizes those older citizens who were and are the backbone of our town and wish to support local business and other activities and programs offered by the town. The parking sticker has been a big help to me. Please continue the program. It is much appreciated! Thank you! Since covid began, credit cards have replaced cash for most purchases. Love not searching for change and the freedom of not rushing back for an expiring meter certainly makes it more fun to explore all the shops in town I'm still working, and anticipate using the sticker far more when I'm retired and around more. Having the sticker is one less worry about parking in the center and hence a comfort. You should consider having free parking in the center. It may encourage more use of local services. My wife and I live in Lexington since 1978. We really appreciate the convenience the town provides for the senior citizens. It's been so much better to have the sticker on my car!!! If I didn't have it, I wouldn't have spent as much time in the center. Previously lived in Waltham where they had a similar program. I appreciate it. Finally, a benefit that I get for $14 K in taxes. Lexington Center is a mess -- real estate offices, banks, expensive restaurants, nothing to visit Lexington Center so free parking is one of the reasons for stopping -- I go to Belmont, a real town center it has been a great asset for me Hope to continue Thanks for thinking of older generation It is a great convenience Very nice benefit go old goats like me ,P It is convenient for Lexington seniors to park cars in in Lexington. It is helpful to have the ease of knowing that parking downtown is not stressful It has been such a tremendous help to me and I and other seniors I know really appreciate this benefit. Please continue you it! Thank you for promoting the parking sticker. This is a tremendous help. I love to spend time in town and this increases the likelihood that I will spend my money locally. Appreciate this program for us older folks who still pay plenty in taxes. The sticker made me want to shop in Lexington. Thank you. It is wonderful for me to dine in the center without worrying about the expiring time of the parking meter. I go to the center more often now. Before the free parking I might have gone elsewhere I have appreciated the program and urge the town to continue it. love it. allows me not to worry about meter time. I go to the center more often. This is a great program which allows me to park in/near Lexington Center often! :) This program has been a wonderful service for seniors. I hope it's continued. Thank you for this program. Really nice service and good to have. A small balance compared to the costs of school for kids, since we have no kids in the school system! very convenient VERY helpful for seniors I am very pleased with the program. It makes going to the Center much easier, especially in bad weather. Thanks you and please renew. This program is wonderful! Thank you for instituting it, and please continue it. As a result of having these stickers, we visit the Center much more frequently than we would otherwise. (We are also respectful of the rules, and only use the privilege of not paying when one of us seniors is driving or part of the group.) Thanks again! Great for quick trips to dentist bank CVS etc This has been such a wonderful benefit and has changed my willingness to utilize the downtown businesses appreciate this convenience. It has encouraged me to use local businesses. It is extremely helpful for picking up prescriptions and trips to the library, for example. It's a great convenience not to have to worry about having quarters with me! It is a great service. Makes going to the center a lot easier. Hope it gets permanent approval. It is a wonderful service to have the sticker. I don't have to keep going to the bank to get change and fumble looking for it. I really appreciate having the sticker program. A great convenience. Removes any hesitation of visiting the center of town. I love it because I know I don't have to struggle with the meters that sometimes are dysfunctional, etc. This was GREAT! Meters in Arlington have caused me to cancel a credit card because it prompted my credit card to be charged for a monthly subscription service. I never have quarters. I am not able to balance snow banks to insert payments in meters. Balance, dexterity, and arthritis stiffness in joints are definite, proven physical challenges for seniors just as much as many others who are able to park in designated areas, free of charge and with ease of accessibility. This is a wonderful idea for the Seniors of Lexington. It relieves a lot of stress when parking in the center. Please make it permanent. Ex cell ent program - much appreciated. This sticker has been great and I do hope you renew it. This sticker encourages me to spend longer time in the center because I park in one spot and don't worry about how long I'll be or when to return to add money... I can walk down to the PO or drop off a bill at Town Hall, stop in at the bookstore, pick up a prescription (and maybe a coffee), stop at Crafty Yankee and visit the library to pick up books as my husband and I often do. As two retired public school teachers, my husband and I are grateful for this program. This an absolutely great program. My wife and I definitely do more business in downtown Lexington than we would without this program, by picking local establishments over others that are easily reached by car. Makes it much easier to go into town center and shop at local businesses. It has been great. Thank you This has been a great benefit. I like coming to the town center for many reasons and this makes it a lot easier. Use in winter to avoid slippery snow at meters. Can park closer to businesses I need to visit. Bring car -less friends & those not familiar with pay -by -phone. Many seniors have joint replacement & difficulty getting around... sticker makes it much easier to patronize our towns' establishments, use the library, frequent restaurants and much more. Excellent program for seniors so we can more easily utilize everything our town as to offer. I absolutely LOVE my sticker, and wish more towns in our area had it. I sincerely hope it is voted in as a permanent benefit for us seniors. This is a great help to us. Pleas continue. Thanks I enjoy the sticker on my vehicle , I am lost without it. This is a good program for senior citizens that I appreciate and would like to have retained. Thank you for this service. I use the center more frequently with the parking sticker. I love not being concerned about my length of time parking. I do not overstay 2 hours. It's a good benefit for seniors. It's just one fewer thimg to think about, which removed any reasons to avoid a trip to the center. Just makes things easier. More than the money saved the sticker allows me to not worry about time running out on the meter Needed for safety since the meters can be so inaccessible during the winter Love this benefit. Great idea! It's been a real help!! This program is very helpful for Seniors. It should be continued. I like this program very much. I think you should continue this program for the seniors. It's very beneficial for us. Please continue this the sticker has been a great asset. It is a value added service. Frankly, it keeps me active throughot town. A very useful program! The sticker has been very helpful in parking for the post office, which I have to go to several times a week to mail checks and other mail that is no longer secure if left in mailboxes. Thank you for making the sticker available and please continue the program. Thank you. Please try to identify and implement more amenities like this one for the seniors. They won't be around very long, and they deserve more than free -parking sticker. Howard Cloth has at least one very good senior -friendly transportation initiative in mind. Please listen to his proposals and act favorably on it. Because of the sticker, I went into the center more frequently than going to the mall. I feel this sticker helps to offset the taxes I pay for the school system which I do not use for my family. Think this program more appropriate for seniors over 75. Most younger seniors have fewer mobility issues and many are still working. Also think out it would be fairer to all ages if this were a permit program with an annual fee. We are a very affluent community, and the town relies on parking fees to maintain the parking facilities. This parking sticker has been a huge convenience to me, especially in the winter. I hope that it will continue. I am most appreciative of having this for seniors and it has helped me and many of my friends who use the center of town. Thank you!!! This program has meant a lot to my husband and me. Hope it will be renewed. Thank you. Not really sure of average length of visits. Lengths vary from less than 30 min to 1 112 hours. This sticker has been wonderful for me and other seniors. Parking without having to manage meters or apps especially in inclement weather but actually everyday has made it so much easier to move about town. Please continue this program. I didn't know about the sticker. i wouldn't know how to use the payment system in the big lot behind the bike path It is so nice to be able to park without the anxiety to figure out the meters, finding out where to pay, using credit cards or these apps! Please continue to make life easier and enjoyable for seniors not harder! Please continue this program to help seniors to interact with center services. It's great! This is so helpful to have this program. So Grateful For me it is a useful convenience. This has been simply wonderful. And in some ways, makes me feel valued by the town -- having lived here for 50 years, worked in the school system, paid taxes and supported overrides consistently and now in my dotage. Thank you. do not use a smart phone, so sticker is much appreciated Wonderful program I think it is a very valuable bnefit for seniors Not having to fuss with a meter makes going to Lexington Center so much easier. The Parking Sticker is Wonderful Service for seniors. 1) 1 hope that the free -parking -stickers for seniors will continue. 2) The town must establish an adult day care facility to provide much needed relief to the care -giving member of any elder couple struck by a life -changing illness. To: Select Board From: Lexington Center Committee Date: June 13th, 2023 Re: Senior Parking in Lexington Center At its regularly scheduled meeting on June 8th, 2023, the Lexington Center Committee voted 6 to 0 to make the following recommendations to the Select Board regarding the Senior Parking Program in Lexington Center. 1. Extend the program by one year instead of two years. We suggest that the current passes extend for one year (to 2024) so that meaningful data can be collected during a "normal" parking year (now that we are out of the pandemic and the Streetscape Project buildout). The Lexington Center Committee will work collaboratively with Senior Services on a survey and on other data collection to understand the program's effect on the parking management system, not just the effect on the participating seniors. 2. Close the loopholes - limit the number of passes to one sticker per senior driver and no passes to be issued to any non -senior drivers. 3. If the program is renewed with a new set of stickers, institute a small annual fee consistent with other Lexington programs while making available free passes for those in need. Our committee recognizes that maintaining parking areas has a cost, other options of transportation to Lexington Center have cost (Lexpress or MBTA), and other segments of our population could benefit from discounted or free parking. 4. No change as to where passes can be used; pass holders continue to abide by posted regulations. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Tentative Schedule of Events for the Celebration of the 250th Anniversary of the Battle of Lexington PRESENTER: ITEM Suzie Barry, Chair of NUMBER: Semiquincentennial Commission (Lex250) 1' 6 SUMMARY: Category: Informing/Feedback Requested The Semiquincentennial Commission-Lex250 is looking for feedback from the Select Board regarding the proposed draft schedule of events that would take place in Lexington on Patriots' Day Weekend 2025 (April 18, 2025 - April 21, 2025). Lex250 held two stakeholder meetings and met with the Town Manager and Senior Staff four times in developing this schedule. The Commission has also met with the 250th Collaborative group of the Towns of Arlington, Concord, Lincoln and Minuteman National Historic Park twice and has had additional conversations with members of those groups as well. A significant factor taken into account in the scheduling of events is the input the Commission received from Fire, Police and DPW, who will be able to speak to their concerns at the meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 7:50pm ATTACHMENTS: Description Type 2025 llalfiolsllay Weekend Dnfll Schedule (WIF,venls Backup Material Patriots' ©ay Weekend 20,25 Draft ScheduleS/21/23— LexSelect Board Day/Tree Lexington Concord MMNHP Arlington Lincoln Friday, April 18, 2025 Good Friday Paul Revere's Ride 10:00-11:00 PM Reenactment Saturday, April 19, 2025 Battle of Lexington 5:30-6:30 AM Reenactment 6:00-7:00 AM Event Planned 6:00-10:00 AM Pancake Breakfasts 8:00 AM Road Race 8:30-10:00 AM Event Planned 9:30-10:30 AM USS Lexington Ceremony 10:30-11:30 AM DAR Ceremony Event Planned 11:30 AM-12:30 PM Possible Ceremonial Visit 11:30 AM-2:30 PM Event Planned 2:00-4:30 PM Parade Bicentennial Band 7:00-9:00 PM Concert Sunday, April 20, 2025 Easter 3:00 PM & After Event to be Planned Evening Event to be Planned Monday, April 21, 2025 Daytime Events to be Planned AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Award Sale of Bond Anticipation Notes PRESENTER: Carolyn Kosnoff, Assistant Town Manager for Finance SUMMARY: Category: Decision -Making ITEM NUMBER: I.7 On Tuesday, June 20, 2023, the Town expects to sell $2.85 million of Bond Anticipation Notes (BANS) to finance several municipal projects including water system improvements and the Battle Green Streetscape project. The Board will be asked to award the sale at the upcoming June 21st meeting. The low bidder, interest rate (TIC) and premium will not be known until the day of the sale, and staff expect to provide this information to the Board by close of business on Tuesday, June 20th. BAN paperwork and the form of motion will be provided to the board as soon as possible ahead of the Wednesday meeting. *** Update as of 6/20/2023, 6pm*** On Tuesday, June 20, 2023, the Town sold $2.85 million of Bond Anticipation Notes (BANS) to finance several municipal proj ects including water system improvements and the Battle Green Streetscape project. Five competitive bids were submitted for the notes which will come due on February 23, 2024. The bids, based on a calculation of the net interest cost (NIC), which takes into consideration the amount of the issue, coupon rates and offering premium, ranged from a high of 4.1246% to a low of 3.6677%. The low bidder was Fidelity Capital Markets, whose NIC of 3.6677% included a premium of $15,416.58. SUGGESTED MOTION: I move: To approve the sale of $2,849,644 4.50 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated June 29, 2023, and payable February 23, 2024, to Fidelity Capital Markets, a division of National Financial Services LLC at par and accrued interest, if any, plus a premium of $15,416.58. and further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 14, 2023, and a final Official Statement dated June 20, 2023, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. and further: that the To Aqi Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time. and further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with relevant securities laws. and further: that any certificates or documents relating to the Notes (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf' file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. and further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. FOLLOW-UP: Closing paperwork to be signed by the Board on Wednesday, June 21st. DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 8:20pm ATTACHMENTS: Description Type BAN Sa kl ids Backup Manterkil BAN Pmposes Backup Mavtc rk' l Note and Opinion P:.t<7&kip Ma¢ua.:ukil No ntY�;atitrQrar CeTi ca7tal BANS 11ickullm lMautwu'ol Tax Certificate ll:'a iclull`P Ma4t4.;ICll:al Town of Lexington, Massachusetts Bidder $2,849,644 General Obligation Bond Anticipation Notes Coupon Rate Sale Date: 6/20/2023 Net Interest Dated Date: 6/29/2023 HilltopSecuritieslow Delivery Date: 6/29/2023 A Hilltop Holdings Company_ Due Date: 2/23/2024 $67,935.51 Days Per Year: 360 $83,352.09 $2,849,644 Day Count: 234 5.00% Bank Qualified: Yes $70,186.73 Rating: None Bidder Underwriter Principal Coupon Rate Premium Interest Net Interest NIC Prorata Premium Prorata Reoffering Interest Award Yield Fidelity Capital Markets • $2,849,644 4.50% $15,416.58 $83,352.09 $67,935.51 3.6677% $15,416.58 $83,352.09 $2,849,644 TD Securities • $2,849,644 5.00% $22,426.70 $92,613.43 $70,186.73 3.7892% BNYMellon Capital Markets* • $289,644 4.50% $807.30 $8,472.09 $7,664.79 4.0712% Oppenheimer & Co. • $2,849,644 4.75% $11,655.04 $87,982.76 $76,327.72 4.1208% Piper Sandler & Co. * • $2,849,644 4.50% $6,953.13 $83,352.09 $76,398.96 4.1246% Award Totals $15,416.58 $83,352.09 $2,849,644 Bid was rejected due to noncompliance with bid requirements Weighted Average Net Interest Cost: 3.6677% Hilltop Securities Inc. FA: Cinder McNerney 6/20/2023 277860_1.xls MUNICIPAL PURPOSE LOAN Town of Lexington, Massachusetts H il ltopSecui ri ties Iq AHilltop Holdings Company - $2,849,644 General Obligation Bond Anticipation Notes Sale Date: 6/20/2023 Dated Date: 6/29/2023 Delivery Date: 6/29/2023 Due Date: 2/23/2024 Bank Qualification: Yes H il ltopSecui ri ties Iq AHilltop Holdings Company - Hilltop Securities Inc. FA: Cinder McNerney 6/20/2023 277860_1 Is Bonds, Grants, Renewal New Total Original Vote Article Amount Previous and/or This This This Balance Issue Prorata Prorata Purpose Dates Reference Number Authorized Issues Paydowns Issue Issue Issue Unissued Date Interest Premium Signalization Improvements 4/23/2018 C.44 s. 7(1) 161 $1,073,479 $0 $1,000,000 $0 73,479 $73,479 $0 6/29/2023 $2,149.26 $397.52 Hill Street New Sidewalk 4/10/2019 C.44 s. 7(1) 16h $1,500,000 $0 $1,100,000 $0 10,690 $10,690 $389,310 6/29/2023 $312.68 $57.83 Route 4/225 Transportation Improvement Project 11/12/2019 C.44 s. 7(7) 8 $1,250,000 $0 $350,000 $0 300,000 $300,000 $600,000 6/29/2023 $8,775.00 $1,623.00 Water System Improvements 6/1/2020 C.44 s. 8(5) 13 $2,000,000 $0 $0 $0 1,300,000 $1,300,000 $700,000 6/29/2023 $38,025.00 $7,033.00 Sidewalk Improvements 3/24/2021 C.44 s. 7(1) 12e $765,475 $0 $700,000 $0 65,475 $65,475 $0 6/29/2023 $1,915.14 $354.22 Battle Green Streetscape Improvements 4/4/2022 C.44 s. 7(1) 12n $3,615,000 $0 $0 $0 1,000,000 $1,001),000 $2,615,000 6/29/2023 $29,250.00 $5,410.00 High School Feasibility Study 4/1112022 C. 70B, 6(e) 2 $1,825,000 $0 $0 $0 100,000 $100,000 $1,725,000 6/29/2023 $2,925.00 $541.00 Hilltop Securities Inc. FA: Cinder McNerney 6/20/2023 277860_1 Is Registered Registered Number 1 $2,849,644 United States of America The Commonwealth of Massachusetts TOWN OF LEXINGTON GENERAL OBLIGATION BOND ANTICIPATION NOTE (Municipal Purpose Loan of 2023) Interest Maturity Registration and Rate Date Original Issue Date CUSIP 4.50% February 23, 2024 June 29, 2023 529284 PRINCIPAL AMOUNT: TWO MILLION EIGHT HUNDRED FORTY-NINE THOUSAND SIX HUNDRED FORTY-FOUR DOLLARS REGISTERED OWNER: CEDE & CO. REGISTRAR AND PAYING AGENT: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION The Town of Lexington, Massachusetts (the "Town") for value received, promises to pay to the Registered Owner of this note or registered assigns the Principal Amount specified above in lawful money of the United States of America on the Maturity Date upon presentation and surrender hereof, with interest (calculated on the basis of a 30 -day month and a 360 -day year) at the Interest Rate per annum, payable on the Maturity Date. This note will bear interest from the Original Issue Date. This note certificate is the only instrument representing an issue of $2,849,644 aggregate principal amount of notes issued by the Town pursuant to Chapters 44 and 70B of the General Laws as amended in anticipation of bonds authorized for signalization, sidewalk, road improvement, water, streetscape and school purposes. The notes are general obligations of the Town and the full faith and credit of the Town is pledged for the payment of principal of and interest on the notes as the same shall become due. The notes are being issued by means of a book entry system, with a note certificate immobilized at The Depository Trust Company, New York, New York ("DTC") evidencing ownership of the notes in principal amounts of $1,000 or integral multiples thereof, with the exception of one principal amount of $1,644, and with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Note certificates are not available for distribution to the public. The principal of and interest on this note are payable by U.S. Bank Trust Company, National Association, or its successor as paying agent (the "Paying Agent") for the Town, in immediately available funds to the Registered Owner of this note, as nominee of DTC. Transfer of principal and interest payments to participants of DTC is the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Town is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Unless this note certificate is presented by an authorized representative of The Depository Trust Company to the Paying Agent for registration of transfer, exchange or payment, and any note certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. In the event that (a) DTC determines not to continue to act as securities depository for the notes or (b) the Town determines that continuation of the book entry system of evidence and transfer of ownership would adversely affect the interests of the beneficial owners of the notes, the Town will discontinue the book entry system with DTC. If the Town fails to identify another qualified securities depository to replace DTC, the Paying Agent will authenticate and deliver replacement notes in the form of fully registered certificates. This note is transferable only upon the registration books kept by the Paying Agent as registrar, but only in a manner which will maintain immobilization of note certificates at one or more securities depositories. This note may not be transferred or exchanged in a manner which would involve the delivery of note certificates to the beneficial owners unless the book entry system has been discontinued by the Town in accordance with the terms of this note, in which case replacement notes may be issued in accordance with law and such procedures as the Town shall deem appropriate. The Town hereby covenants that it will take all lawful action necessary to comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the notes in order that interest on the notes be and continue to be excluded from gross income for federal income tax purposes and it will refrain from taking any action that would cause interest on the notes to become included in gross income for federal income tax purposes. In connection with the offering of the notes the Town has executed a Significant Events Disclosure Certificate dated as of the date hereof (as it may be amended from time to time, the "Certificate"). The Town hereby covenants to comply with the provisions of the Certificate, and reference is made to the Certificate for a description of the nature and extent of the obligations of the Town and the rights of the owners of the notes under the Certificate. The Certificate is described in the Official Statement relating to the notes. A copy of the Certificate is available from the Town upon request. TOWN OF LEXINGTON, MASSACHUSETTS By: Treasurer Countersigned: Select Board (Town Seal) LEGAL OPINION The following opinion is based on facts and the law existing on the date of original delivery of the notes described therein. LOCKE LORD LLP 111 Huntington Avenue Boston, Massachusetts Arnold F. Lovering, Treasurer Town of Lexington Lexington, Massachusetts 52,849,644 Town of Lexington, Massachusetts General Obligation Bond Anticipation Notes We have acted as bond counsel to the Town of Lexington, Massachusetts (the "Town") in connection with the issuance by the Town of the above -referenced notes (the "Notes") dated June 29, 2023 and payable February 23, 2024. In such capacity, we have examined the law and such certified proceedings and other papers as we have deemed necessary to render this opinion. As to questions of fact material to our opinion we have relied upon representations and covenants of the Town contained in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. Based on our examination, we are of the opinion, under existing law, as follows: 1. The Notes are valid and binding general obligations of the Town and, except to the extent they are paid from the proceeds of the bonds in anticipation of which they are issued or from any other available moneys, the principal of and interest on the Notes are payable from taxes which may be levied upon all taxable property in the Town, subject to the limit imposed by Chapter 59, Section 21C of the General Laws. 2. Interest on the Notes is excluded from the gross income of the owners of the Notes for federal income tax purposes. In addition, interest on the Notes is not a specific preference item for purposes of the federal individual alternative minimum tax. For tax years beginning after December 31, 2022, however, interest on the Notes will be included in the "adjusted financial statement income" of certain corporations that are subject to the alternative minimum tax under Section 55 of the Internal Revenue Code of 1986 (the "Code"). In rendering the opinions set forth in this paragraph, we have assumed compliance by the Town with all requirements of the Code, that must be satisfied subsequent to the issuance of the Notes in order that interest thereon be, and continue to be, excluded from gross income for federal income tax purposes. The Town has covenanted to comply with all such requirements. Failure by the Town to comply with certain of such requirements may cause interest on the Notes to become included in gross income for federal income tax purposes retroactive to the date of issuance of the Notes. We express no opinion regarding any other federal tax consequences arising with respect to the Notes. 3. Interest on the Notes is exempt from Massachusetts personal income taxes and the Notes are exempt from Massachusetts personal property taxes. We express no opinion regarding any other Massachusetts tax consequences arising with respect to the Notes or any tax consequences arising with respect to the Notes under the laws of any state other than Massachusetts. This opinion is expressed as of the date hereof, and we neither assume nor undertake any obligation to update, revise, supplement or restate this opinion to reflect any action taken or omitted, or any facts or circumstances or changes in law or in the interpretation thereof, that may hereafter arise or occur, or for any other reason. The rights of the holders of the Notes and the enforceability of the Notes may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable, and their enforcement may also be subject to the exercise of judicial discretion in appropriate cases. /s/ LOCKE LORD LLP 133462847v.1 CJD/KKA 06/20/23 (Please Note: The following statements are an essential part of the permanent record. Read them carefully before signing this certificate. Advise Locke Lord LLP of any inaccuracy.) Town of Lexington, Massachusetts $2,849,644 General Obligation Bond Anticipation Notes dated June 29, 2023 SIGNATURE, NO LITIGATION AND OFFICIAL STATEMENT CERTIFICATE A. Certificate of Authorized Officers. We, the Treasurer and members of the Select Board of the Town of Lexington, Massachusetts (the "Town"), certify that we have signed the $2,849,644 4.50 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated June 29, 2023 and payable February 23, 2023. A book entry system is being used to evidence ownership and transfer of the Notes on the records of The Depository Trust Company ("DTC"). The Notes are issued in the form of a single Note for the full principal amount, registered in the name of "CEDE & CO." as nominee for DTC and immobilized in the custody of DTC. The Note bears the Town seal which is also affixed to this certificate. We, the said officers, also certify as follows: 1. Authority. The Notes are issued in the respective amounts set forth below in anticipation of the sale of bonds authorized pursuant to the following statutes and votes of the Town and a vote of the Select Board duly adopted on June 21, 2023: (a) $1,300,000 - $2,000,000 Water System Improvement Bonds under G.L. c.44, §8(5) and a vote of the Town passed on June 1, 2020 (Article 13); (b) $1,000,000 - $3,615,000 Battle Green Streetscape Improvement Bonds under G.L. c.44, §7(1) and a vote of the Town passed on April 4, 2022 (Article 12(n)); (c) $300,000 - $1,250,000 Route 4/225 Transportation Improvement Plan Bonds under G.L. c.44, §7(7) and a vote of the Town passed on November 12, 2019 (Article 8); (d) $100,000 - $1,825,000 Lexington High School Feasibility Study Bonds under G.L. c.70B, 6(e) and a vote of the Town passed on April 11, 2022 (Article 2); (e) $73,479 - $1,073,479 Townwide Signalization Bonds under G.L. c.44, §7(1) and a vote of the Town passed on April 23, 2018 (Article 16i); (f) $65,475 - $765,475 Sidewalk Improvement Bonds under G.L. c.44, §7(1) and a vote of the Town passed on March 24, 2021 (Article 12(e)); and (g) $10,690 - $1,500,000 New Hill Street Sidewalk Bonds under G.L. c.44, §7(1) and a vote of the Town passed on April 10, 2019 (Article 16h). 2. Description and Purpose of Notes. The Town is issuing and delivering the Notes simultaneously with the delivery of this certificate. The following amounts of the issue are for the following purposes: Amount Purpose (a) $1,300,000 - Improvements to the water distribution system, including the installation of new water mains and replacement or cleaning and lining of existing water mains and stand pipes, conducting engineering studies and purchase and installation of equipment related thereto; (b) $1,000,000 - Design, construction and project management for the roadways and intersections around the Lexington Battle Green; (c) $300,000 - Design, engineering and architectural services for 25% design, for the Route 4/225 Bedford Street -Hartwell Avenue -Wood Street transportation improvement plan; (d) $100,000 - Feasibility study for the Lexington High School located at 251 Waltham Street; (e) $73,479 - Replacement of traffic and pedestrian signals and related roadway work; (f) $65,475 - Rebuild and repave existing sidewalks, and take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and (g) $10,690 - Construction of a new sidewalk on Hill Street. 3. Other Debt. No other debt has been incurred under those votes except for the following bonds and bond anticipation notes: (a) - (b) None; (c) $250,000 bonds dated February 10, 2022; and $100,000 paydown on February 24, 2023; - 2- (d) None; (e) $700,000 bonds dated February 11, 2021; and $300,000 paydown on February 10, 2022; (f) $500,000 proceeds of bonds dated February 23, 2023; and $200,000 paydown on February 23, 2023; (g) $1,000,000 bonds dated February 10, 2022; and $100,000 paydown on February 24, 2023. 4. Consolidated Issue. The Notes constitute a consolidated issue for purposes of G.L. c.44, §16. 5. School Building Assistance Grant. The Town expects to receive grant payments in the aggregate amount of $450,000 from the Massachusetts School Building Authority for the feasibility school project being financed in part with the proceeds of the $100,000 portion of the Notes referred to in Paragraph A(l)(d) above. 6. Approval of Sale. We approve the sale of the Notes to Fidelity Capital Markets, a division of National Financial Services LLC (the "Purchaser") at par and accrued interest, if any, plus a premium of $15,416.58. B. Delivery and Receipt. I, the Treasurer, further certify that the Notes were delivered on this date and that the full purchase price including accrued interest for the period, if any, from the date of the Notes to this date was received from the Purchaser on or before this date. C. Certification Re ag rding Official Statement. I, the Treasurer, certify as follows: (a) I have reviewed the Preliminary Official Statement dated June 14, 2023 (the "Preliminary Official Statement") and the Official Statement dated June 20, 2023 (the "Official Statement") relating to the sale of the Notes. (b) To the best of my knowledge and belief, the Preliminary Official Statement did not, as of its date and as of the date of sale of the Notes, and the Official Statement (excluding the price or yield on the cover page, as to which no view is expressed) did not as of its date and does not as of this date (which is the date of delivery of the Notes), contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. (c) Since the date of the Official Statement there has been no material adverse change in the financial condition or affairs of the Town except as set forth in or contemplated by the Official Statement. - 3- D. Debt Limit. I, the Treasurer, certify that at the time of their authorization, the Notes and the bonds in anticipation of which they are issued were and on the date hereof are within every applicable debt and other limit prescribed by law or otherwise. E. Certificate of Town Clerk. I, the Town Clerk, certify as follows: (a) Signatures and Incumbency. The signatures of the Treasurer and the members of the Select Board as appearing below are the genuine, electronic, or facsimile signatures of the persons who executed the Notes and who held those offices when the Notes were signed and when the Notes were delivered. (b) Open Meeting Law. Except for the town meetings called pursuant to G.L. c.39, § 10, all proceedings essential to the issue of the Notes and the authorization of the bonds and deliberations of a quorum relating thereto have been taken at a meeting or meetings open to the public; notice of each such meeting was filed in my office and publicly posted in the time and manner set forth in G.L. c.30A, §§ 18-25, as amended, or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b); no deliberations, decision or vote in connection with the Notes or bonds were taken in executive session and no vote was taken by secret ballot; and the official record of each such meeting was made available to the public and remains available to the public as set forth in G.L. c.30A, § § 18-25, as amended. (c) Proceedings. No proceeding essential to the issue of the Notes or bonds has been repealed or amended except as stated in paragraph (1) above and no proceedings have been taken relating to the Notes or bonds other than those certified to Locke Lord LLP. (d) Bylaws. The bylaws described below are the only bylaws or standing votes of the Town affecting the authorization, sale or issue of the Notes or bonds, including the calling and conduct of town meetings, or the use of assessments or other charges imposed to pay for any project financed by the Notes, and there has been no change therein affecting those matters in any way except as may be indicated below: General By -Laws of the Town of Lexington, as amended through the 2012 Annual Town Meeting (Supplement #16) and certified to Locke Lord LLP on January 25, 2023. (e) Home Rule. The Town has not adopted a home rule charter and the Town has not amended or repealed any special law relating to the Town through the use of home rule procedures. (f) Development Districts. The Town has not established any development districts pursuant to G.L. c.40Q. F. Execution of Counterparts and Deliveryby Electronic Means. This certificate, as well as any other certificates or documents relating to the Notes (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of - 4- which shall constitute one and the same document. Delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf' file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document. Electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. [Remainder of page intentionally left blank; signature page follows.] - 5- G. No Litigation, No Financial Interest. All of the undersigned certify that there has been no litigation affecting the validity of the Notes or bonds or the power of the Town to levy and collect taxes to pay them; that none is pending or to our knowledge threatened; that neither the corporate existence nor boundaries of the Town nor the title of any of us to our respective offices is being contested; and that none of us and, to the best of our knowledge, no other official of the Town has any direct or indirect financial interest in or relationship with the Purchaser. Date: June 29, 2023 (Date of delivery of and payment for the Notes) Members of the Select Board 133426248v.1 Treasurer Town Clerk [Signature page to Signature, No Litigation and Official Statement Certificate] (Town Seal) (Please Note: The following statements are an essential part of the permanent bond record. Read them carefully before signing this certificate. Advise Locke Lord LLP of any inaccuracy.) TAX CERTIFICATE This Tax Certificate is executed and delivered by the Town of Lexington, Massachusetts ("Issuer"), in connection with the issuance of $2,849,644 stated principal amount of its General Obligation Bond Anticipation Notes dated the Issue Date ("Issue"). The Issue is issued pursuant to Votes duly adopted by the Issuer and the Massachusetts General Laws. Pursuant to Reg §§ 1.141-2(d)(1) and 1.148-2(b)(2)(i), the Issuer certifies, covenants, warrants and represents as follows in connection with the issuance of the Issue: ARTICLE I. IN GENERAL 1.1 Delivery of the Notes of the Issue. On the Issue Date, in exchange for receipt of good funds, the Issuer is delivering the notes of the Issue to the Successful Bidder, for resale to the Public. 1.2 Purpose of Tax Certificate. The Issuer is delivering this Tax Certificate to Bond Counsel, with the understanding that Bond Counsel will rely in part upon this Tax Certificate in rendering its opinion that interest on the Issue is excluded from gross income for federal income tax purposes under Section 103. 1.3 Definitions and References. All capitalized terms used in this Tax Certificate include either the singular or the plural. All terms used in this Tax Certificate, including terms specifically defined, shall be interpreted in a manner consistent with Sections 103 and 141-150 and the applicable Regulations thereunder except as otherwise specified. Capitalized terms used and not otherwise defined herein and in the exhibits hereto and in the schedules and attachments to those exhibits shall have the respective meanings set forth in Appendix A and Appendix B hereto. Reference to a Section means a section of the Code. Reference by number only (for example, "2.10") means that numbered paragraph of this Tax Certificate. 1.4 Purpose of Financing. The Issue is being issued to provide funds (i) to finance on a "new money" basis the capital costs of certain municipal projects as more fully described in the Signature Certificate, including the payment of Capitalized Interest, if any ("Projects"), and Funded Interest, if any, and (ii) to pay Issuance Costs and other common costs of the Issue. 1.5 Single Issue. The notes of the Issue were sold to the Successful Bidder on the Sale Date. No other governmental obligations of the Issuer which are expected to be paid out of substantially the same source of funds as the Issue have been or will be sold less than 15 days apart from the Sale Date pursuant to the same plan of financing as the Issue. 1.6 Reliance. With respect to certain matters contained in this Tax Certificate, the Issuer specifically relies upon the certifications of the Successful Bidder set forth in Exhibit A, the certifications of the Municipal Advisor set forth in Exhibit B, and upon the certifications set forth in the other exhibits attached hereto or as otherwise described herein. The Issuer is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any representation made in this Tax Certificate including the exhibits hereto. ARTICLE II. GENERAL TAX LIMITATIONS 2.1 Application of Sale Proceeds and Certain Other Moneys. On the Issue Date, the Sale Proceeds, $2,870,474.90, less an underwriter's discount of $5,414.32, will be deposited to the General Fund and applied as follows: Projects $2,849,644.00 Issuance Costs 10,349.82 Payment of a portion of the interest on the Issue due February 23, 2024 5,066.76 TOTAL: $2,865,060.58 Investment Proceeds earned on the amounts in the General Fund will be commingled with substantial tax and other revenues of the Issuer, and are expected to be expended for operating or other expenses of the Issuer within six months after deposit of the Investment Proceeds therein. Pursuant to Reg § 1.148-6(d)(6), all such Investment Proceeds will be treated as expended when so commingled. 2.2 Expenditure of Gross Proceeds. For purposes of this Tax Certificate, Sale Proceeds and, to the extent not deemed expended as described in 2. 1, Investment Proceeds will be treated as spent when they are used to pay or reimburse disbursements by the Issuer that are (i) capital expenditures, including any Capitalized Interest, if any and to the extent allowable, (ii) Issuance Costs, (iii) Funded Interest, (iv) initial operating expenses directly associated with the Projects (in an aggregate amount not exceeding 5% of the Sale Proceeds), or (v) other miscellaneous expenditures described in Reg § 1.148-6(d)(3)(ii). The Issuer hereby certifies that no disbursement to be paid or reimbursed from Gross Proceeds shall have been previously paid or reimbursed from the proceeds of any other obligation, whether issued by the Issuer or any other party. To the extent that Sale Proceeds will be applied to reimburse expenditures made by the Issuer prior to the Issue Date, the Issuer hereby certifies that such expenditures either (i) constitute capital expenditures incurred not earlier than 60 days prior to the applicable Vote, which Votes constitute the Issuer's declarations of official intent to issue debt to finance the costs of the Projects, or (ii) constitute Preliminary Expenditures to the extent permitted by Massachusetts law. The Issuer further certifies that any such reimbursement described in clause (i) of the preceding sentence shall be made no later than the later of 18 months after the date of the expenditure or the date on which the Project component to which such expenditure relates is placed in service, but in no event later than 3 years after the date of such expenditure. 2 2.3 Governmental Bond Status. Absent an Opinion of Bond Counsel, the Issuer will not loan more than 5% of the Proceeds to one or more Nongovernmental Persons. Absent an Opinion of Bond Counsel, the Issuer has not allowed and will not allow more than 10% of the Proceeds or the Projects to be used directly or indirectly by any Nongovernmental Person in any trade or business, other than as a member of the general public, and has not allowed and will not allow more than 5% of the Proceeds or the Projects to be so used to the extent such use is unrelated or disproportionate to the governmental uses thereof. Absent an Opinion of Bond Counsel, for purposes of this 2.3, a Nongovernmental Person will be treated as "using" Proceeds or the Projects to the extent the Nongovernmental Person: (i) borrows Proceeds of the Issue; (ii) uses any portion of the Projects as owner, lessee, service provider, operator, or manager; (iii) acquires the output of the Projects; or (iv) enters into any other arrangement that provides a special legal entitlement or special economic benefit to a Nongovernmental Person. As of the Issue Date, the Issuer certifies that there are no contracts or other arrangements for any such use of any component of the Projects by any party other than a Governmental Unit, other than the contract between the Lexington Public Schools and Whitson New England, LLC dated July 28, 2022, effective July 1, 2022, as amended by Amendment No. 1 dated May 19, 2023 (effective through June 30, 2024); and agreement between the Issuer and Lexington Municipal Solar LLC for installation of solar cells on the roofs of certain town buildings and schools. Absent an Opinion of Bond Counsel, the Issuer will not enter into any contract or other arrangement after the Issue Date for any such use of any component of the Projects by any party other than a Governmental Unit. 2.4 Qualified Equity. The Issuer reasonably expects that a portion of the cost of the Projects being financed and/or refinanced in part with the Sale Proceeds may be paid from Qualified Equity. In this regard, the Issuer (i) appropriated revenue funds in the amount of $250,000 for the Route 4/225 transportation improvement plan project, and (ii) expects to receive a grant in the amount of $450,000 from the Massachusetts School Building Authority ("MSBA") for the school feasibility study project and has not received any grant payments to date for such project. The Issuer intends that the undivided portion or portions of any of the Projects paid with Qualified Equity may be used for Private Business Use without restriction, including any use pursuant to the Contracts. Qualified Equity will be allocated to any Private Business Use of the Projects before any Proceeds are allocated to any such Private Business Use. To the extent that Private Business Use of the Projects ever exceeds the applicable limitation under the "private business tests" imposed pursuant to Section 141(b), the Issuer hereby allocates Qualified Equity to the Projects. In addition, the Issuer reserves the right to allocate this Qualified Equity to the Projects if and as needed in the future. 3 2.5 Change in Use. The Issuer reasonably expects to use all Proceeds and all facilities that are financed and refinanced therewith as set forth in 2.3 for the entire stated term to maturity of the Issue. Absent an Opinion of Bond Counsel, the Issuer in fact will use all Proceeds and each facility financed and refinanced therewith as set forth in 2.3. 2.6 Registered Form. The notes of the Issue are being issued in registered form. 2.7 Federal Guarantee. The Issuer will not directly or indirectly use or permit the use of any Proceeds or any other funds of the Issuer or any Related Party or take or omit to take any action that would cause the notes of the Issue to be obligations that are "federally guaranteed." In furtherance of this covenant, the Issuer will not allow the payment of principal or interest with respect to the Issue to be guaranteed (directly or indirectly) in whole or in part by the United States or any agency or instrumentality thereof. Except as provided in the next sentence, the Issuer will not use 5% or more of the Proceeds to make or finance loans the payment of principal or interest with respect to which is guaranteed in whole or in part by the United States or any agency or instrumentality thereof, nor will it invest 5% or more of the Proceeds in federally insured deposits or accounts. The preceding sentence shall not apply to (i) investments in the portions of the General Fund described in 3.5 during the temporary period described therein, (ii) investments in the Bona Fide Debt Service Fund, and (iii) investments in obligations issued by the United States Department of Treasury. 2.8 Information Reporting. The Issuer will cause a properly completed and executed IRS Form 8038-G to be filed with respect to the Issue no later than the 15th day of the second month of the calendar quarter immediately following the calendar quarter of the Issue Date. 2.9 No Pooling. The Issuer will not use any Proceeds directly or indirectly to make or finance loans to two or more ultimate borrowers. 2.10 No Hedge Bonds. The Issuer reasonably expects that more than 85% of Net Sale Proceeds of the Issue will be expended for the governmental purposes thereof within three years after the Issue Date. Not more than 50% of the Proceeds will be invested at a substantially guaranteed yield for four years or more. 2.11 Useful Life. The weighted average maturity of the Issue is 0.650 years, which does not exceed 120% of the remaining average reasonably expected economic life of the assets comprising the Projects. ARTICLE III. ARBITRAGE GENERAL 3.1 Reasonable Expectations. This Article III states the Issuer's reasonable expectations with respect to the amounts and uses of Proceeds and certain other moneys. 3.2 Issue Price of the Issue. On the Issue Date, the Issuer is delivering the notes of the Issue to the Successful Bidder in exchange for an aggregate payment of $2,865,060.58 (which represents the total amount of Sale Proceeds, $2,870,474.90, less an underwriter's 0 discount of $5,414.32). As reflected in Exhibit B, the Municipal Advisor has certified that the competitive sale requirements (as defined in the Notice of Sale) were met with respect to the notes of the Issue. Accordingly, based on the advice of the Successful Bidder as set forth in Exhibit A, the Issue Price of the Issue is $2,870,474.90, which is the reasonably expected initial offering price to the Public for the notes of the Issue. 3.3 Funds and Accounts. The Issuer will use certain portions of its General Fund (or accounts or subaccounts within the General Fund) to hold certain of the Proceeds, as more particularly described in this Article III. The Issuer does not expect that either it or any other Person benefiting from the issuance of the Issue will use any moneys in any fund or account other than the Bona Fide Debt Service Fund to pay debt service on the Issue; nor is any other fund or account so pledged as security for the Issue that there is a reasonable assurance that amounts held in such other fund or account will be available if needed to pay debt service on the Issue. 3.4 Bona Fide Debt Service Fund. 3.4.1 Payment of the Issue. The notes of the Issue are general obligations of the Issuer payable from revenues available therefor pursuant to the Massachusetts General Laws and, when and as applicable, Sale Proceeds, Investment Proceeds, and the Proceeds of Refunding Obligations. 3.4.2 Revenues. Except for the debt service to be paid from a portion of the Sale Proceeds, Investment Proceeds, and the Proceeds of Refunding Obligations, each when and as applicable, payments of debt service on the Issue are expected to be derived from current revenues of the Issuer and current revenues are expected to equal or exceed such amount of debt service on the Issue during the payment period. 3.4.3 Match Between Revenues and Debt Service. The portions of the Issuer's General Fund that are reasonably expected to be used to pay debt service on the Issue (such portions of the Issuer's General Fund being referred to herein as the "Debt Service Fund") will be allocated to the payment of debt service on the Issue on a "first in, first out" (FiFo) basis. Accordingly, the Debt Service Fund will be used primarily to achieve a proper matching of revenues and debt service within the Bond Year. Amounts in the Debt Service Fund will be invested without regard to yield. 3.5 Three -Year Temporary Period. A portion of the Sale Proceeds in the amount of $2,849,644.00, will be deposited in the General Fund for the purpose of paying costs of the Projects. The Issuer's expenditure expectations with respect to the Proceeds allocable to the Projects are reflected in Exhibit C. The Issuer reasonably expects that at least 85% of the Net Sale Proceeds will be spent to pay costs of the Projects within three years from the Issue Date. The Issuer heretofore has incurred or within six months hereafter will incur a binding obligation to one or more unrelated parties involving an expenditure of not less than 5% of Net Sale Proceeds. Completion of the Projects and allocations of Net Sale Proceeds and Investment Proceeds to costs of the Projects will proceed with due diligence. Net Sale Proceeds allocable to paying costs of the Projects held in the General Fund, and Investment Proceeds earned thereon, 5 will be invested without regard to yield during the period ending on the third anniversary of the Issue Date. 3.6 No Overissuance. Taking into account anticipated Investment Proceeds, the Sale Proceeds do not exceed the amount necessary to pay (i) costs of the Projects, (ii) Funded Interest, if applicable, and (iii) Issuance Costs and other common costs of the Issue. 3.7 No Other Replacement Proceeds. Neither the Issuer nor any Related Party will use any Gross Proceeds directly or indirectly to replace funds of the Issuer or any Related Party, which funds are or will be used directly or indirectly to acquire Investment Property reasonably expected to produce a yield that is materially higher than the Yield on the Issue. 3.8 No Expected Sale. It is not expected that the Projects or any part thereof financed and/or refinanced in whole or in part by the Issue will be sold or otherwise disposed of before February 23, 2024, the scheduled final maturity date of the Issue, except for minor portions due to normal wear or obsolescence. ARTICLE IV. ARBITRAGE - YIELD AND YIELD RESTRICTION 4.1 Yield. The Yield on the Issue, adjusted as may be required for substantial original issue premium or discount, has been calculated by the Municipal Advisor to be 3.3425426%, as reflected in Exhibit B. 4.2 No Qualified Hedges. No Qualified Hedge has been, and (absent an Opinion of Bond Counsel) no Qualified Hedge will be, entered into such that failure to take the Qualified Hedge into account would distort the Yield on the Issue or otherwise would fail clearly to reflect the economic substance of the transaction. 4.3 Yield Restriction. Absent an Opinion of Bond Counsel, if the sum of (A) any Proceeds allocable to the payment of the Projects held in the General Fund after the third anniversary of the Issue Date, or, if applicable, the Issue Date of any Original Issue, plus (B) any amounts held in the Bona Fide Debt Service Fund and remaining unexpended after 13 months from the date of accumulation in such fund (excluding any amounts held for Capitalized Interest and Funded Interest), plus, if applicable, (C) any Proceeds allocable to the retirement of any Refunded Bonds and Refunded Notes held in the General Fund after 90 days from the Issue Date, plus, if applicable, (D) any Transferred Proceeds held in the General Fund after the third anniversary of any Original Issue, plus (E) any Proceeds held in the Issuer's General Fund to pay Issuance Costs after 90 days from the Issue Date, at any time in the aggregate exceeds $100,000, the excess will be invested as follows: (i) in Investment Property with a yield not exceeding the Yield on the Issue, or such other issue of Tax -Exempt Bonds to which such amounts are then allocated as proceeds, (ii) in assets that are not treated as Investment Property (e, Tax -Exempt Bonds), or (iii) in assets that satisfy the requirements for Yield Reduction Payments. 0 ARTICLE V. REBATE 5.1 Undertakings. The Issuer hereby covenants to comply with requirements of the Code pertaining to the Rebate Requirement. The Issuer acknowledges that the United States Department of the Treasury has issued Regulations with respect to certain of these undertakings, including the proper method for computing whether any rebate amount is due the federal government under Section 148(f). (Reg §§ 1.148-1 through 1.148-11A, 1.150-1, and 1.150-2.) The Issuer further acknowledges that the United States Department of the Treasury may yet issue additional Regulations with respect to certain of these undertakings. The Issuer covenants that it will undertake to determine what is required with respect to the rebate provisions contained in Section 148(f) and said Regulations from time to time and will comply with any requirements that may apply to the Issue. 5.2 Recordkeeping. The Issuer shall maintain or cause to be maintained detailed records with respect to each Nonpurpose Investment allocable to Gross Proceeds, including: (a) purchase date; (b) purchase price; (c) information establishing fair market value on the date such investment became a Nonpurpose Investment; (d) any accrued interest paid; (e) face amount; (f) coupon rate; (g) periodicity of interest payments; (h) disposition price; (i) any accrued interest received; and (j) disposition date. Such detailed recordkeeping is required to facilitate the calculation of the Rebate Requirement. 5.3 Exceptions to the Rebate Requirement. 5.3.1 Bona Fide Debt Service Fund Exception. Based on the representations set forth in 3.4.3 and this 5.3.1, no rebate calculations need be made in respect of amounts in the Bona Fide Debt Service Fund (i) if (a) the weighted average maturity of the Issue is longer than 5 years and (b) the Issue is a Fixed Yield Issue or (ii) if clause (i) does not apply, to the extent the earnings thereon in the Bond Year are less than $100,000. 5.3.2 Six -Month Expenditure Exception. If applicable, no rebate calculations will be required to be made with respect to the Adjusted Gross Proceeds allocable to the Refunding Portion if all such Adjusted Gross Proceeds are expended within six months of the Issue Date. 5.3.3 Eighteen Month Spending Exception. In general, when applicable, no rebate calculations will be required with respect to Adjusted Gross Proceeds if the Eighteen Month Spending Exception is met. The Issuer's spending expectations with respect to the Adjusted Gross Proceeds are included in Exhibit C. 5.3.4 Two Year Spending Exception. The Issuer reasonably expects that at least 75% of Available Construction Proceeds will be expended for Construction Expenditures with respect to the Projects. The Issuer's spending expectations with respect to the Proceeds allocable to the New Money Projects or the Projects, as applicable, are reflected in Exhibit C. In general, when applicable, no rebate calculations will be required with respect to Available Construction Proceeds if Available Construction Proceeds are spent in accordance with the Two Year Spending Exception. Additionally, Proceeds of the Issue that are used to pay Issuance 7 Costs will be treated, together with all Investment Proceeds thereon, as satisfying the Rebate Requirement if the Two Year Spending Exception is satisfied and all such Issuance Costs are paid within twenty-four months after the Issue Date. 5.4 Rebate Requirement or Yield Reduction Payments with Respect to the Issue. The Issuer covenants to, and will, pay any Rebate Requirement or Yield Reduction Payments due with respect to the Issue within 60 days from the Computation Date for the Issue or, if later, within 60 days of missing one of the spending milestones set forth in 5.3, as required by Section 148(f)(3). ARTICLE VI. OTHER MATTERS 6.1 Expectations. The undersigned are authorized representatives of the Issuer acting for and on behalf of the Issuer in executing this Tax Certificate. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances that would materially change the expectations as set forth herein, and said expectations are reasonable. 6.2 Covenant to Comply. The Issuer hereby covenants that it will not take or permit to be taken on its behalf any action or actions that would adversely affect the exclusion from federal income taxation of interest on the Issue and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to maintain the exclusion from federal income taxation of interest on the Issue. 6.3 Post Issuance Compliance Procedures. The Issuer has written procedures to monitor compliance with the arbitrage Yield restriction and rebate requirements of Section 148 after the Issue Date. The Issuer also has written procedures to ensure that all Nonqualifted Bonds are remediated in accordance with Reg § 1.141-12. Such procedures are substantially in the form attached hereto as Appendix C. The Issuer will monitor the expenditure of Gross Proceeds and the use of facilities financed and/or refinanced by the Issue, and will undertake, if necessary, any available measures under Reg § 1.141-12 to ensure compliance after the Issue Date with the applicable covenants contained herein. 6.4 Record Retention. In order to ensure that interest on the Issue continues to be excluded from gross income for federal tax law purposes, the Issuer acknowledges that records should be maintained to support the representations, certifications, and expectations set forth in this Tax Certificate (including the exhibits hereto) at least until the date three (3) years after the later of (a) the date on which the Issue is retired, or (b) the date on which the last of the Refunding Obligations is retired. In addition to the items described in 5.2, records to be retained include, but are not limited to: (i) basic records and documents relating to the Issue, and, when applicable, the Prior Issues and any Qualified Equity relating to the Projects; (ii) documentation evidencing the expenditure of the Proceeds and, when applicable, Proceeds of the Prior Issues; N. (iii) documentation evidencing the use of the Projects or any component thereof by public and private sources (i.e., copies of management contracts, research agreements, leases, etc.); (iv) documentation evidencing all sources of payment or security for the Issue and, when applicable, the Prior Issues; (v) documentation evidencing compliance with the timing and allocation of expenditures of the Proceeds, and, when applicable, Proceeds of the Prior Issues and any Qualified Equity relating to the Projects; and (vi) records of all amounts paid to the United States in satisfaction of the Rebate Requirement for the Issue and IRS Forms 8038-T (or successor forms thereto) related to such payments or to Yield Reduction Payments. 6.5 Amendments. Notwithstanding any other provision of this Tax Certificate, the Issuer may amend this Tax Certificate and thereby alter any actions allowed or required by this Tax Certificate if such amendment is signed by an authorized officer and is supported by an Opinion of Bond Counsel. [Remainder of page intentionally left blank signature page follows.] 9 6.6 Survival of Payment or Defeasance. Notwithstanding any provision in this Tax Certificate or in any other agreement or instrument relating to the Issue to the contrary, the obligation to remit the Rebate Requirement, if any, to the United States Department of the Treasury and to comply with all other requirements contained in this Tax Certificate shall survive payment or defeasance of the Issue. 6.7 Execution of Counterparts and Delivery by Electronic Means. This Certificate, as well as any other certificates or documents relating to the Issue (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf' file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document. Electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. Dated: June 29, 2023 TOWN OF LEXINGTON, MASSACHUSETTS By: Treasurer By: Select Board [Signature page to Tax Certificate] APPENDIX A GENERAL DEFINITIONS For purposes of the Tax Certificate to which this Appendix A is attached, and the exhibits to the Tax Certificate and any schedules or attachments to those exhibits, the following capitalized terms have the following meanings: 501(c)(3) Organization means any entity described in Section 501(c)(3). Adjusted Gross Proceeds generally means Gross Proceeds, less amounts held in the Bona Fide Debt Service Fund. Available Construction Proceeds has the meaning set forth in Reg § 1.148-7(i) and generally means all Sale Proceeds reduced by Issuance Costs or, if applicable, all Sale Proceeds allocable to the Nonrefunding Portion, reduced by Issuance Costs allocable to the Nonrefunding Portion financed with Sale Proceeds, plus all Investment Proceeds earned thereon before the earlier of two years after the Issue Date or substantial completion of the New Money Projects or Projects, as applicable. In determining the amount of Available Construction Proceeds as of any date, there shall be included the amount of investment earnings reasonably expected after such date, together with investment earnings actually received or accrued as of such date. Bona Fide Debt Service Fund has the meaning set forth in Reg § 1.148-1(b) and generally means the Debt Service Fund identified in 3.4.3. Bond Counsel means Locke Lord LLP or, if applicable, another law firm with a nationally recognized public finance practice. Bond Notice of Sale means, when applicable, the separate Notice of Sale for the bonds of the Issue. Bond Purchaser means, when applicable, an entity that purchases the bonds of the Issue, or, when applicable, a Prior Issue, for its own account without a present intent to resell. Capitalized Interest means interest on the Issue, or, when applicable, a Prior Issue, from the Issue Date to the placed in service date of the Projects, that is properly capitalized in the cost of the Projects under general federal income tax principles. Code means the Internal Revenue Code of 1986, as amended. Computation Date has the meaning set forth in Reg § 1.148-3(e) and generally means the date not later than the fifth Bond Year and each five years thereafter and the final maturity date of the Issue, each as applicable. Construction Expenditures has the meaning set forth in Reg § 1.148-7(g)(1) and generally means capital expenditures that are allocable to the cost of real property or constructed personal property and includes costs of reconstruction and rehabilitation, but does not include costs of acquiring any interest in land or other existing real or personal property. Appendix A -I Controlled Group has the meaning set forth in Reg § 1.150-1(c) and generally means a group of entities controlled directly or indirectly by the same entity or group of entities. Debt Service Fund means the Debt Service Fund described in Article III. Deliberate Action has the meaning set forth in Reg § 1.141-2(d)(3) and generally means any action taken by the Issuer that is within its control, but excludes (i) an involuntary or compulsory conversion under Section 1033 or (ii) an action taken in response to a regulatory directive made by the federal government. Eighteen Month Spending Exception has the meaning set forth in Reg § 1.148-7(d) and generally means Adjusted Gross Proceeds are spent at least as quickly as follows: 15% within six months after the Issue Date 60% within twelve months after the Issue Date 100% within eighteen months after the Issue Date The requirement that 100% of Adjusted Gross Proceeds be spent within eighteen months after the Issue Date will be met if at least 95% of Adjusted Gross Proceeds is spent within eighteen months and the remainder is held as a Reasonable Retainage, as permitted by contracts with the Issuer's contractors, and such remainder is spent within thirty months after the Issue Date. Fixed Yield Bond has the meaning set forth in Reg § 1.148-1(b) and generally means any bond whose yield is fixed and determinable on its Issue Date. Fixed Yield Issue has the meaning set forth in Reg § 1.148-1(b) and generally means any issue of which each bond of the issue is a Fixed Yield Bond. Funded Interest means interest on the Issue, or, when applicable, a Prior Issue, other than Capitalized Interest, through the later of three years after the Issue Date or one year after the first component of the Projects is placed in service as set forth in Reg § 1.148-6(d)(3)(ii)(A)(3). General Rule Maturities means, when applicable, those Maturities listed as the general rule maturities in Schedule A to the attached Issue Price Certificate for the Bonds of the Issue or the Notes of the Issue, as applicable. Governmental Person has the meaning set forth in Reg § 1.141-1(b) and generally means a Governmental Unit. Governmental Unit means a State or Local Governmental Unit. Gross Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means all proceeds derived from or relating to the Issue, or, when applicable, a Prior Issue, including Proceeds and Replacement Proceeds. Appendix A-2 Guidelines means Reg §1.141-3(b)(4) and Revenue Procedure 2017-13 or any applicable predecessor or successor thereto. Hold -the -Offering -Price Maturities means, when applicable, those Maturities listed as the hold -the -offering -price maturities in Schedule A to the attached Issue Price Certificate for the Bonds of the Issue or the Notes of the Issue, as applicable. Holding Period means, with respect to a Hold -the -Offering -Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which the Successful Bidder/Successful Bond Bidder/Successful Note Bidder sold at least 10% of such Hold -the -Offering -Price Maturity to the Public at prices that are no higher than the initial offering price for such Hold -the -Offering -Price Maturity. Investment Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means earnings received from investing and reinvesting Proceeds and from investing and reinvesting such earnings. Investment Property has the meaning set forth in Section 148(b)(2) and generally means any security or obligation, any annuity contract, or any other investment -type property, but does not include any Tax -Exempt Bond. Issuance Costs has the meaning set forth in Reg § 1.150-1(b) and generally means costs, to the extent incurred in connection with, and allocable to, the issuance of the Issue within the meaning of Section 147(g), and includes: underwriters' spread; counsel fees; financial advisory fees; credit rating fees; trustee fees; paying agent fees; bond registrar, certification, and authentication fees; accounting fees; printing costs; public approval process costs; engineering and feasibility study costs; and similar costs. Issue Date has the meaning set forth in Reg § 1.150-1(b) and generally means the date the Issue, or, when applicable, a Prior Issue, was delivered to the Underwriter or Purchaser thereof and payment was received therefor. Issue Price has the meaning set forth in Reg § 1.148-1(f) and generally means (i) the Expected Offering Price of a Successful Bidder/Successful Bond Bidder/Successful Note Bidder, (ii) the amount paid by the Purchaser for the Issue, the notes of the Issue, and/or the bonds of the Issue, and/or (iii) the price at which at least 10% of each maturity of the General Rule Maturities were sold by the Successful Bidder/Successful Bond Bidder/Successful Note Bidder, all as set forth in Exhibit A, or, when applicable, the sum of the applicable clauses above. Maturity means bonds and/or notes of the Issue with the same credit and payment terms. Bonds and/or notes of the Issue with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate maturities. Minor Portion has the meaning set forth in Section 148(e) and generally means any amount of Gross Proceeds that does not exceed the lesser of (i) 5% of the Proceeds or (ii) $100,000. Appendix A-3 Net Sale Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means the Sale Proceeds allocable to the Nonrefunding Portion, less the portion of those Sale Proceeds invested in a reasonably required reserve or replacement fund pursuant to Section 148(d) or as part of the Minor Portion. Nongovernmental Person means any Person other than a Governmental Person. Nongovernmental Person includes the United States and any agency or instrumentality of the United States. Nonpurpose Investment means any Investment Property in which Gross Proceeds are invested that is not a Purpose Investment. Nonqualified Bonds has the meaning set forth in Reg § 1.141-120) and generally means the portion of outstanding bonds of an Issue that, as of the date of a Deliberate Action, would not meet the private business use test in Section 141(b) or the private loan financing test in Section 141(c). Nonrefunding Portion means, when applicable, the portion of the Issue or the Prior Issue, as applicable, that is not allocable to the Refunding Portion. Note Notice of Sale means, when applicable, the separate Notice of Sale for the notes of the Issue. Note Purchaser means, when applicable, an entity that purchases the notes of the Issue, or, when applicable, a Prior Issue, for its own account without a present intent to resell. Notice of Sale means the Notice of Sale, or, when applicable, collectively the Bond Notice of Sale and Note Notice of Sale, attached as Attachment 1 to Exhibit B. Opinion of Bond Counsel means a written opinion of nationally recognized bond counsel, delivered to the Issuer, to the effect that the exclusion from gross income for federal income tax purposes of interest on the Issue will not be adversely affected. Original Issues means, when applicable, collectively, the portions of the Refunded Bonds and/or Refunded Notes and the issues that were issued to finance the Projects on a "new money" basis and any other obligations all or a portion of which were issued to finance the Projects on a new money basis which have been ultimately refinanced by this Issue. Person has the meaning set forth in Section 7701(a)(1) and generally includes an individual, trust, estate, partnership, association, company or corporation. Preliminary Expenditures has the meaning set forth in Reg § 1.150-2(f)(2) and generally means architectural, engineering, surveying, soil testing, Issuance Costs, including, when applicable, Issuance Costs allocable to the Nonrefunding Portion, and similar costs paid with respect to the Projects in an aggregate amount not exceeding 20% of the Issue Price of the Issue, or, when applicable, the Issue Price of the Issue allocable to the Nonrefunding Portion. However, Preliminary Expenditures do not include land acquisition, site preparation or similar costs incident to the commencement of construction. Appendix A-4 Prior Issue(s) means, when applicable, individually or collectively, the Original Issues and each series of exclusively current refunding obligations all or a portion of which were thereafter issued to refinance the Original Issues. Private Business Use has the meaning set forth in Reg § 1.141-3(a) and generally means use (directly or indirectly) in a trade or business carried on by any Nongovernmental Person other than use (i) as a member of, and on the same basis as, the general public or (ii) pursuant to the Guidelines or the Research Guidelines. Any activity carried on by a Nongovernmental Person (other than a natural Person) shall be treated as a trade or business. Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means Sale Proceeds, Investment Proceeds and Transferred Proceeds of the Issue or, when applicable, a Prior Issue. Public has the meaning set forth in Reg § 1.148-1(f)(3)(ii) and generally means any Person other than an Underwriter or a Related Party to an Underwriter. Purchaser means, when applicable, an entity, including a Successful Bidder, that purchases the Issue, or, when applicable, a Prior Issue, for its own account without a present intent to resell. Purpose Investment has the meaning set forth in Reg §1.148-1(b) and generally means an investment that is acquired by the Issuer to carry out the governmental purpose of the Issue. Qualified Equity has the meaning set forth in Reg § 1.141-6(b)(3) and generally means funds that are not derived from proceeds of a Tax -Advantaged Bond. Qualified Guarantee has the meaning set forth in Reg § 1.148-4(f) and generally means an arrangement that imposes a secondary liability that unconditionally shifts substantially all of the credit risk for all or part of the payments on the Issue to the guarantor under that arrangement. Qualified Hedge has the meaning set forth in Reg § 1.148-4(h) and generally means a contract entered into by the Issuer with a hedge provider primarily to modify the Issuer's risk of interest rate changes with respect to all or a part of the Issue. Reasonable Retainage has the meaning set forth in Reg § 1.148-7(h) and generally means an amount, not to exceed 5% of Available Construction Proceeds or Adjusted Gross Proceeds, as applicable, on the date 24 months, or 18 months, as applicable, after the Issue Date, that is retained for reasonable business purposes relating to the Projects, including to ensure or promote compliance with a construction contract. Rebate Requirement means the amount of rebatable arbitrage with respect to the Issue, computed as of the last day of any Bond Year pursuant to Reg § 1.148-3. Refunded Bonds means, when applicable, all or the portion of each of the series of bonds being refunded by the Issue, as identified in Appendix B. Appendix A-5 Refunded Notes means, when applicable, all or the portion of each of the series of notes being refunded by the Issue, as identified in Aaaendix B. Refunding Obligations means a Tax -Advantaged Bond issued to refund any portion of the Issue, including any subsequent Tax -Advantaged Bond in a series of refundings thereof. Refunding Portion means, when applicable, the portion of the Issue allocable to the refunding of the Refunded Bonds and/or Refunded Notes, together with the portion of the Issue allocable to the financing of a ratable share of Issuance Costs and other common costs of the Issue. Regulations or Reg means the applicable Treasury Regulations promulgated by the Secretary of the Treasury of the United States under the Code. Related Party has the meaning set forth in Reg §1.150-1(b) and generally means, in reference to a Governmental Unit or a 501(c)(3) Organization, any member of the same Controlled Group, and in any reference to any other Person, any two or more Persons who have more than fifty percent (50%) common ownership, directly or indirectly. Replacement Proceeds has the meaning set forth in Reg §1.148-1(c) and generally means amounts that have a sufficiently direct nexus to the Issue or to the governmental purpose of the Issue to conclude that the amounts would have been used for that governmental purpose if the Proceeds of the Issue were not used, and includes a sinking fund, a pledged fund, and other replacement proceeds, each as defined in Reg § 1.148-1(c). Research Guidelines means Reg §1.141-3(b)(6) and Revenue Procedure 2007-47 or any applicable successor thereto. Sale Date has the meaning set forth in Reg § 1.150-1(c)(6) and generally means the first day on which there is a binding contract in writing for the sale of a Maturity. Sale Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means amounts actually or constructively received from the sale of the Issue, or, when applicable, a Prior Issue. Signature Certificate means the Signature, No Litigation and Official Statement Certificate or similar certificate prepared by Bond Counsel relating to the Issue or, when applicable, a Prior Issue. Small Issuer Exception has the meaning set forth in Reg § 1.148-8(a) and generally means that, as of the Issue Date, the Issuer reasonably expects that the aggregate Issue Price of tax-exempt bonds (other than (a) current refunding bonds to the extent the amount thereof does not exceed the outstanding amount of the obligations to be refunded thereby and (b) qualified private activity bonds) issued and to be issued by or on behalf of the Issuer during the current calendar year will not exceed $5,000,000 except by the lesser of (i) $10,000,000 or (ii) the aggregate face amount of bonds, in either case attributable to financing the construction of public school facilities, as provided in Section 148(f)(4)(D)(vii). In addition, the Issuer must have the power to impose or to cause the imposition of taxes of general applicability which, when Appendix A-6 collected, may be used for the general purposes of the Issuer. The Issuer's power to impose or cause the imposition of such taxes cannot be contingent on approval by any other Governmental Unit. The Issuer cannot form or avail itself of an entity for the purpose of avoiding the volume limitation described above. State or Local Governmental Unit has the meaning set forth in Reg § 1.103-1(a) and is generally a state or any political subdivision of a state, but excludes the United States and its agencies or instrumentalities. Successful Bidder(s) means, when applicable, the Successful Bidder(s) set forth in Appendix B. Successful Bond Bidder means, when applicable, the Successful Bond Bidder set forth in Appendix B. Successful Note Bidder means, when applicable, the Successful Note Bidder set forth in Appendix B. Tax Advantaged Bond has the meaning set forth in Reg § 1.150-1(b) and generally means a tax-exempt bond or a taxable bond that provides a federal tax benefit that reduces the Issuer's borrowing costs. Tax Certificate means the Tax Certificate to which this Appendix A is attached. Tax -Exempt Bond means any obligation the interest on which is excluded from gross income for federal income tax purposes pursuant to Section 103, other than a "specified private activity bond" within the meaning of Section 57(a)(5)(C), as well as (i) stock in a "regulated investment company" (within the meaning of Section 852) to the extent at least 95 percent of income to the stockholder is treated as interest on Tax -Exempt Bonds and (ii) any demand deposit obligation issued by the United States Department of the Treasury pursuant to Subpart C of 31 CFR Part 344. Transferred Proceeds has the meaning set forth in Reg § 1.148-9(b) and generally means Proceeds of a Prior Issue that become Proceeds of the Issue under the transferred proceeds allocation rule in Reg § 1.148-9(b). Two Year Spending Exception has the meaning set forth in Reg § 1.148-7(e) and generally means Available Construction Proceeds are expended at least as quickly as follows: 10% within six months after the Issue Date 45% within twelve months after the Issue Date 75% within eighteen months after the Issue Date 100% within twenty-four months after the Issue Date Appendix A-7 The requirement that 100% of Available Construction Proceeds be spent within twenty-four months after the Issue Date will be met if at least 95% of Available Construction Proceeds is spent within twenty-four months and the remainder is held as Reasonable Retainage, as permitted by contracts with the Issuer's contractors, and such remainder is spent within thirty-six months after the Issue Date. Underwriter means (i) any Person, including, when applicable, a Successful Bidder/Successful Bond Bidder/Successful Note Bidder, that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public, and (ii) any Person that agrees pursuant to a written contract directly or indirectly with a Person described in clause (i) of this paragraph to participate in the initial sale of such bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public (including a member of a selling group or a party to a third -party distribution agreement participating in the initial sale of such bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public). Votes means the authorizations for the Issue specified in the Signature Certificate. Yield has the meaning set forth in Reg § 1.148-4 for an issue and Reg § 1.148-5 for investments, and generally means, as to the Issue, or, when applicable, a Prior Issue, or Investment Property, as applicable, that discount rate which, when used in computing the present value of all unconditionally payable payments representing (i) principal, adjusted, as required, for any substantial discounts or premiums, (ii) interest, including costs of Qualified Guarantees, and (iii) payments or receipts on Qualified Hedges, produces an amount equal to the Issue Price of the Issue, or, when applicable, a Prior Issue, or the purchase price of Investment Property, as appropriate. Yield Reduction Payment means a "qualified yield reduction payment" to the United States Department of the Treasury that reduces the yield on Investment Property, as set forth in Reg § 1.148-5(c). Appendix A-8 APPENDIX B ISSUE SPECIFIC DEFINITIONS For purposes of the Tax Certificate to which this Appendix B is attached, and the exhibits to the Tax Certificate and any schedules or attachments to those exhibits, the following capitalized terms have the following meanings: Bond Year means the period beginning on the Issue Date and ending on February 23, 2024, which is the last day on which any notes of the Issue will remain outstanding for federal tax purposes. Issue Date means, as to the Issue, the date of this Tax Certificate, June 29, 2023. Municipal Advisor means Hilltop Securities Inc., as municipal advisor to the Issuer in connection with the Issue. Sale Date of the Issue is June 20, 2023. Sale Proceeds means as to the Issue, the amount of $2,870,474.90, comprising the stated principal amount of the Issue ($2,849,644), plus original issue premium thereon in the amount of $20,830.90. Successful Bidder means Fidelity Capital Markets, a Division of National Financial Services LLC. Appendix B-1 APPENDIX C POST -ISSUANCE TAX COMPLIANCE PROCEDURES TAX-EXEMPT OBLIGATIONS AND OTHER TAX -BENEFITED OBLIGATIONS I. Introduction These post -issuance compliance procedures of the Issuer are designed to provide for the effective management of the Issuer's post issuance compliance program for tax-exempt and other tax - benefited obligations in a manner consistent with state and federal laws applicable to such obligations. II. Post -Issuance Tax Compliance The Treasurer of the Issuer, or such other designated officer (the "Compliance Officer") shall be the primary bond compliance officer responsible for each issuance by the Issuer of tax-exempt (or otherwise tax -benefited) bonds, notes, financing leases, or other obligations (herein, collectively referred to as "bonds"). All information related to each bond issue and the facilities, equipment and other assets financed by such issue shall be maintained by or on behalf of the Compliance Officer and the actions taken under subsections A through C of this Section II shall be taken by the Compliance Officer or on behalf of the Compliance Officer by such other officers or employees of the Issuer as appropriate. A. Tax Certificate and Continuing Education 1. Tax Certificate — A Tax Certificate is prepared for each issuance of bonds. Immediately upon issuing any bonds, the Compliance Officer, in conjunction with the Issuer's bond counsel and financial advisor, shall review the Tax Certificate and make notes regarding specific compliance issues for such bond issue on the Post -Issuance Compliance Notes form at Exhibit A. The Tax Certificate and Notes shall clearly define the roles and responsibilities relating to the ongoing compliance activities for each bond issue and will identify specific compliance requirements. Z. Continuing Education — The Compliance Officer will actively seek out advice of bond counsel on any matters that appear to raise ongoing compliance concerns and may attend or participate in seminars, teleconferences, etc. sponsored by organizations such as the Massachusetts Collector -Treasurer Association and the Massachusetts Government Finance Officers Association that address compliance issues and developments in the public finance bond arena. In addition, national organizations such as the Securities Industry and Financial Markets Association (SIFMA) and the National Association of Bond Lawyers (NABL) offer numerous training opportunities and materials which may be useful to the Compliance Officer. B. Tax -Exempt Bonds Compliance Monitoring 1. Restrictions against Private Use — The Compliance Officer will continuously monitor the expenditure of bond proceeds and the use of facilities or equipment financed or refinanced with bonds to ensure compliance with Section 141 of the Internal Revenue Appendix C-1 Code (the "Code") which generally establishes limitations on the use of bond -financed facilities by non -state or local governmental entities, such as individuals using bond - financed assets on a basis other than as a member of the general public, corporations and the federal government and its agencies and instrumentalities. a. Use of Bond Proceeds — The Compliance Officer will monitor and maintain records with respect to expenditures to ensure that bond proceeds are being used on capital expenditures for governmental purposes in accordance with the bond documents and document the allocation of all bond proceeds. Such monitoring is required not only for tax-exempt bonds, but also for tax credit bonds. b. Use of the Bond -Financed Facility or Equipment i. Equipment assets financed with bonds will be listed in a schedule for each bond issue, which schedule may be included in the Tax Certificate. Equipment assets generally are not to be disposed of prior to the earlier of (a) the date the bonds and all subsequent refundings of such bonds are fully paid, or (b) the end of the useful life of such equipment. The Compliance Officer will maintain the list of all bond -financed equipment for each bond issue, together with the equipment's expected useful life. ii. Constructed or acquired assets financed with bonds — In order to ensure that assets constructed or acquired using bond proceeds, such as infrastructure assets, are not leased, sold or disposed of prior to the end of the term of the bonds and of all subsequent refundings of such bonds: • Any asset constructed or acquired with bond proceeds shall be flagged in the Issuer's records, and • These projects will be monitored by the Compliance Officer. iii. If there is any proposal to change the use of a bond -financed facility from a governmental purpose to a use in which a private entity may have the use or benefit of such a facility on a basis that is different from the rest of the general public, the Compliance Officer will consult with bond counsel prior to the occurrence of the proposed change in use. 2. Qualification for Initial Temporary Periods and Compliance with Restrictions against Hedge Bonds a. Expectations as to Expenditure of "New Money" Bond Proceeds i. In order to qualify under the arbitrage rules for an initial temporary period of 3 years for "new money" issues during which bond proceeds can be invested without regard to yield (but potentially subject to rebate), the Issuer must reasonably expect to spend at least 85% of "spendable proceeds" by the end of the temporary period. In general under Code Section 149, in order to avoid classification of an issue of bonds as "hedge bonds," the Issuer must both (x) reasonably expect to spend 85% of the "spendable proceeds" of the bond issue within the 3 year period beginning on the date the bonds are issued and (y) Appendix C-2 invest not more than 50% of the proceeds of the issue in investments having a substantially guaranteed yield for 4 years or more. These expectations have been documented for the Issuer's outstanding bond issues in the tax certificates executed in connection with each bond issue. ii. If, for any reason, the Issuer's expectations concerning the period over which the bond proceeds are to be expended change from what was documented in the applicable tax certificate, the Compliance Officer will consult with bond counsel. b. Project Draw Schedule Compliance Monitoring — While there are unspent proceeds of a bond issue, the Compliance Officer will compare and analyze the original anticipated project draw schedule and the actual expenditure payouts and reimbursements on each bond -financed project on an annual or more frequent basis. The purpose of this analysis is to determine the variances from the original expected draw schedule for each project and to document the reasons for these variances to provide a continual record on the spending progress of each bond -financed project. Factors relevant to the analysis include unexpected delays in the project timelines, extreme weather, contract time extensions due to unexpected events, supplemental agreements and any other factor with a potential to impact the progress or completion of the projects. Generally, there should be no effect on the tax-exempt status of the bonds under either the temporary period rules or the hedge bond rules if the actual disbursements do not meet the original project draw schedule, unless circumstances surrounding the actual events cast doubt on the reasonableness of the stated expectations on the issuance date. Therefore, it is important for the Compliance Officer to update the progress of each project at least annually, and consult with bond counsel as to any variance from the original schedule. c. Bond Proceeds Expenditure Schedule Compliance Monitoring — While there are unspent proceeds of bonds, the Compliance Officer will compare and analyze the bond proceeds expenditure schedule and the actual investment earnings on each project on an annual or more frequent basis. The purpose of this analysis is to determine any variances from the expected expenditure schedule and to document the reasons for these variances. 3. Arbitrage Rebate Compliance a. Bonds may lose their tax -favored status, retroactive to the date of issuance, if they do not comply with the arbitrage restrictions of section 148 of the Code. Two general sets of requirements under the Code must be applied in order to determine whether governmental bonds are arbitrage bonds: the yield restriction requirements of section 148(a) and the rebate requirements of section 148(f). b. Yield Restriction Requirements — The yield restriction requirements provide, in general terms, that gross proceeds of a bond issue may not be invested in investments earning a yield higher than the yield of the bond issue, except for investments (i) during one of the temporary periods permitted under the regulations (including the Appendix C-3 initial three year temporary period described above), (ii) in a reasonably required reserve or replacement fund or (iii) in an amount not in excess of the lesser of 5% of the sale proceeds of the issue or $100,000 (the "minor portion"). Under limited circumstances, the yield on investments subject to yield restriction can be reduced through payments to the IRS known as "yield reduction payments." The Tax Certificate will identify those funds and accounts associated with a particular issue of bonds known, as of the date of issuance, to be subject to yield restriction. c. Rebate Requirements i. If, consistent with the yield restriction requirements, amounts treated as bond proceeds are permitted to be invested at a yield in excess of the yield on the bonds (pursuant to one of the exceptions to yield restriction referred to above), rebate payments may be required to be made to the U.S. Treasury. Under the applicable regulations, the aggregate rebate amount is the excess of the future value of all the receipts from bond funded investments over the future value of all the payments to acquire such investments. The future value is computed as of the computation date using the bond yield as the interest factor. At least 90% of the rebate amount calculated for the first computation period must be paid no later than 60 days after the end of the first computation period. The amount of rebate payments required for subsequent computation periods (other than the final period) is that amount which, when added to the future value of prior rebate payments, equals at least 90% of the rebate amount. For the final computation period, 100% of the calculated amount must be paid. Rebate exceptions and expectations are documented for each bond issue in the tax certificate executed at the time of such bond issue. ii. While there are unspent proceeds of bonds, the Issuer will engage an experienced independent rebate analyst to annually calculate any rebate that may result for that year and annually provide a rebate report to the Compliance Officer. Bond counsel can assist with referrals to qualified rebate analysts. d. Timing of Rebate Payments The Compliance Officer will work with the rebate analyst to ensure the proper calculation and payment of any rebate payment and/or yield -reduction payment at the required time: i. First installment due no later than 60 days after the end of the fifth anniversary of each bond issuance; ii. Succeeding installments at least every five years; Appendix C-4 iii. Final installment no later than 60 days after retirement of last bond in the issue.' 4. Refunding Requirements a. Refunded Projects — The Compliance Officer will maintain records of all bond financed assets for each bond issue, including assets originally financed with a refunded bond issue. b. Yield Restriction — The Compliance Officer will work with its financial advisor and bond counsel to maintain records of allocation of bond proceeds for current and advance refundings of prior bond issues to ensure that such bond proceeds are expended as set forth in the applicable tax certificate executed at the time the refunding bonds are issued. Any yield restricted escrows will be monitored for ongoing compliance. C. Record Retention 1. Section 6001 of the Code provides the general rule for the proper retention of records for federal tax purposes. The IRS regularly advises taxpayers to maintain sufficient records to support their tax deductions, credits and exclusions. In the case of a tax-exempt bond transaction, the primary taxpayers are the bondholders. In the case of other tax benefited bonds, such as "build America bonds" or "recovery zone economic development bonds", the Issuer will be treated as the taxpayer. In order to ensure the continued exclusion of interest to such bondholders, it is important that the Issuer retain sufficient records to support such exclusion. 2. In General a. All records associated with any bond issue shall be stored electronically or in hard copy form at the Issuer's offices or at another location conveniently accessible to the Issuer. b. The Compliance Officer will ensure that the Issuer provides for appropriate storage of these records. c. If storing documents electronically, the Issuer shall conform with Rev. Proc. 97-22, 1997-1 C.B. 652 (as the same may be amended, supplemented or superseded), which provides guidance on maintaining books and records by using an electronic storage system. Bond counsel can furnish a copy of this Revenue Procedure if needed. ' Generally, rebate payments must be paid not later than 60 days after retirement of the last bond in the issue. Appendix C-5 3. Bonds — Unless a longer period of time is required by state law, the Issuer shall maintain the bond record as defined in this section for the longer of the life of the bonds plus 3 years or the life of refunding bonds (or series of refunding bonds) which refunded the bonds plus 3 years. The bond record shall include the following documents: a. Pre -Issuance Documents i. Guaranteed Investment Contracts ("GICs") and Investments (other than Treasury's State and Local Government Series Securities, "SLGs") — If applicable, the Compliance Officer shall retain all documentation regarding the procurement of each GIC or other investment acquired on or before the date of bond issuance, including as applicable the request for bids, bid sheets, documentation of procurement method (i.e., competitive vs. negotiated), etc. If investments other than SLGs are used for a defeasance escrow, the documentation should include an explanation of the reason for the purchase of open market securities and documentation establishing the fair value of the securities and compliance with safe harbor bidding rules. If SLGs are purchased, a copy of the final subscription shall be maintained. ii. Project Draw Schedule — The Compliance Officer shall retain all documentation and calculations relating to the draw schedule used to meet the "reasonable expectations" test and use of proceeds tests (including copies of contracts with general and sub -contractors or summaries thereof). iii. Issue Sizing — The Compliance Officer shall maintain a copy of all financial advisor's or underwriter's structuring information. iv. Bond Insurance — If procured by the Issuer, the Compliance Officer shall maintain a copy of insurance quotes and calculations supporting the cost benefit of bond insurance, if any. v. Costs of Issuance documentation — The Compliance Officer shall retain all invoices, payments and certificates related to costs of issuance of the bonds. b. Issuance Documents — The Compliance Officer shall retain the bound bond transcript delivered from bond counsel. c. Post -Issuance Documents i. Post -Issuance Guaranteed Investment Contracts and Investments (Other than SLGs) — the Compliance Officer shall retain all documentation regarding the procurement of any GIC or other investment acquired after bond issuance, including as applicable the request for bids, bid sheets, documentation of procurement method (i.e., competitive vs. negotiated), etc. If investments other than SLGs are used for a defeasance escrow, the documentation should include an Appendix C-6 d. General explanation of the reason for the purchase of open market securities and documentation establishing the fair value of the securities and compliance with safe harbor bidding rules. ii. Records of Investments shall be retained by the Compliance Officer. iii. Investment Activity Statements shall be retained by the Compliance Officer. iv. Records of Expenditures — The Compliance Officer shall maintain or shall cause to be maintained all invoices, etc. relating to equipment purchases and constructed or acquired projects, either electronically or in hard copy. v. Records of Compliance • Qualification for Initial Temporary Periods and Compliance with Restrictions against Hedge Bond Documentation — The Compliance Officer shall prepare the annual analysis described in Section II(B)(2) above and maintain these records. • Arbitrage Rebate Reports may be prepared by the Compliance Officer or a third party as described in section II (13)(3) of this document and retained by the Compliance Officer. • Returns and Payment — Shall be prepared at the direction of the Compliance Officer and filed as described in Section II(B)(3) of this document. • Contracts under which any bond proceeds are spent (consulting engineering, acquisition, construction, etc.) — The Compliance Officer shall obtain copies of these contracts and retain them for the bond record. i. Audited Financial Statements — The Compliance Officer will maintain copies of the Issuer's annual audited Financial Statements. ii. Reports of any prior IRS Examinations — The Compliance Officer will maintain copies of any written materials pertaining to any IRS examination of the Issuer's bonds. III. Voluntarily Correcting Failures to Comply with Post -Issuance Compliance Activities If, in the effort to exercise due diligence in complying with applicable federal tax laws, a potential violation is discovered, the Issuer may address the violation through the applicable method listed below. The Issuer should work with its bond counsel to determine the appropriate way to proceed. A. Taking remedial actions as described in Section 141 of the Internal Revenue Code B. Utilizing the Voluntary Closing Agreement Program (VCAP) — Section 7.2.3 of the Internal Revenue Manual establishes the voluntary closing agreement program for tax-exempt Appendix C-7 bonds (TEB VCAP) whereby issuers of tax-exempt bonds can resolve violations of the Internal Revenue Code through closing agreements with the Internal Revenue Service. IV. Post Issuance Tax Compliance Procedures Review The Compliance Officer shall review these procedures at least annually, and implement revisions or updates as deemed appropriate, in consultation with bond counsel. Appendix C-8 Exhibit A POST ISSUANCE COMPLIANCE NOTES [Name of Bond] Transaction Parties Overall Responsible Party for Debt Management Activities Bond Counsel Paying Agent Rebate Specialist Other Appendix C-9 EXHIBIT A $2,849,644 Town of Lexington, Massachusetts General Obligation Bond Anticipation Notes Dated June 29, 2023 ISSUE PRICE CERTIFICATE AND RECEIPT The undersigned, on behalf of the Successful Bidder, hereby certifies as set forth below with respect to the sale of the above -captioned obligations ("Issue") of the Issuer. Capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the Tax Certificate to which this Exhibit A is attached. 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering price of the notes of the Issue to the Public by the Successful Bidder is the price listed in Schedule A ("Expected Offering Price"). The Expected Offering Price is the price for the notes of the Issue used by the Successful Bidder in formulating its bid to purchase the Issue. Reflected in Schedule B is a true and correct representation of the bid provided by the Successful Bidder to purchase the notes of the Issue. (b) The Successful Bidder was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Successful Bidder constituted a firm offer to purchase the notes of the Issue. 2. Receipt. The Successful Bidder hereby acknowledges receipt of the notes of the Issue from the Issuer and further acknowledges receipt of all certificates, opinions and other documents required to be delivered to the Successful Bidder, before or simultaneously with the delivery of such notes of the Issue, which certificates, opinions and other documents are satisfactory to the Successful Bidder. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Successful Bidder's interpretation of any laws, including specifically Sections 103 and 148 and the Regulations thereunder. [Remainder of page intentionally left blank; signature page follows.] Exhibit A-1 The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Issue, and by Locke Lord LLP in connection with rendering its opinion that the interest on the Issue is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Issue. Dated: June 29, 2023 FIDELITY CAPITAL MARKETS, A DIVISION OF NATIONAL FINANCIAL SERVICES LLC ME Name: Title: Exhibit A-2 SCHEDULE A TO EXHIBIT A EXPECTED INITIAL OFFERING PRICE TO THE PUBLIC Town of Lexington, Massachusetts $2,849,644 General Obligation Bond Anticipation Notes Dated June 29, 2023 Pricing Summary Type of Maturity Bond Coupon Yield Maturity Value Price Dollar Price 02/23/2024 Serial Note 4.500% 3.350% 2,849,644.00 100.731% 2,870,474.90 Total - - $2,849,644.00 - $2,870,474.90 SCHEDULE B TO EXHIBIT A SUCCESSFUL BIDDER'S BID Fidelity Capital Markets - Boston , MA's Bid ---c Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $2,849,644.00, we will pay you $2,865,060.58, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: Maturity DaCoupon %IYield % Dollar Price 02/23/2024 2,849.644MI 4.5000 33500 1 100.731 Bid: 100.541000 Premium: $15,416.58 Net Interest Cost: $67,935.51 NIC: 3.667692 Time Last Bid Received On:06/20/2023 11:36:42 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Fidelity Capital Markets, Boston , MA Contact: Katherine Estes Title: Sr. Associate Telephone :774-392-0159 Fax: 617-692-5949 Issuer Name: Town of Lexington Company Name: Accepted By: Date: Accepted By: Date: "�) 1-,18 -A00 I I C, A I[ # if s I '.vk¢V�i I i:Hi ks EXHIBIT B $2,849,644 Town of Lexington, Massachusetts General Obligation Bond Anticipation Notes Dated June 29, 2023 CERTIFICATE OF THE MUNICIPAL ADVISOR The undersigned, on behalf of the Municipal Advisor, has assisted the Issuer in soliciting and receiving bids from potential underwriters in connection with the sale of the notes of the Issue in a competitive bidding process in which bids were requested for the purchase of such notes at specified written terms set forth in the Notice of Sale, a copy of which is attached to this certificate as Attachment 1. Capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the Tax Certificate to which this Exhibit B is attached. The competitive sale requirements (as defined in the Notice of Sale) for the notes of the Issue were met. The Municipal Advisor further advises as follows: 1. The notes of the Issue were offered for sale at specified written terms more particularly described in the Notice of Sale, which was distributed to potential bidders. 2. The Notice of Sale was disseminated electronically through PARITY on June 14, 2023. The method of distribution of the Notice of Sale is regularly used for purposes of disseminating notices of sale of new issuances of municipal bonds, and notices disseminated in such manner are widely available to potential bidders. 3. To the knowledge of the Municipal Advisor, all bidders were offered an equal opportunity to bid to purchase the notes of the Issue so that, for example, if the bidding process afforded any opportunity for bidders to review other bids before providing a bid, no bidder was given an opportunity to review other bids that was not equally given to all other bidders (that is, no exclusive "last -look"). 4. The Issuer received bids for the notes of the Issue from at least three Underwriters who represented that they have established industry reputations for underwriting new issuances of municipal bonds. Based upon the Municipal Advisor's knowledge and experience in acting as the Municipal Advisor for other municipal issues, the Municipal Advisor believes those representations to be accurate. Copies of any written bids received are attached to this certificate as Attachment 2. Bids not reflected in Attachment 2, if any, were received by telephone rather than in writing. 5. The winning bidder for the notes of the Issue was the Successful Bidder, whose bid was determined to be the best conforming bid in accordance with the terms set forth in the Notice of Sale, as shown in the bid comparison attached as Attachment 3 to this certificate. The Issuer awarded the notes of the Issue to the Successful Bidder. 6. The Yield on the Issue is 3.3425426% as shown on the attached Schedule A. Exhibit B-1 The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Municipal Advisor's interpretation of any laws, including specifically Sections 103 and 148 and the Regulations thereunder. [Remainder of page intentionally left blank signature page follows.] Exhibit B-2 The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate to which this certificate is attached and with respect to compliance with the federal income tax rules affecting the Issue, and by Locke Lord LLP in connection with rendering its opinion that the interest on the Issue is excluded from gross income for federal income tax purposes, in the preparation of the Internal Revenue Service Form 8038-G, and in providing other federal income tax advice that it may give to the Issuer from time to time relating to the Issue. The Issuer and Locke Lord LLP may also rely on the foregoing information for purposes of determining compliance with Section 21A of Chapter 44 of the Massachusetts General Laws, if applicable. No other Persons may rely on the representations set forth in this certificate without the prior written consent of the Municipal Advisor. Dated: June 29, 2023 HILLTOP SECURITIES INC. Name: Title: Exhibit B-3 ATTACHMENT I TO EXHIBIT B NOTICE OF SALE ATTACHMENT 2 TO EXHIBIT B COPIES OF WRITTEN BIDS RECEIVED Fidelity Capital Markets - Boston , MA's Bid ---c Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $2,849,644.00, we will pay you $2,865,060.58, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: Maturity DaCoupon %IYield % Dollar Price 02/23/2024 2,849.644MI 4.5000 33500 1 100.731 Bid: 100.541000 Premium: $15,416.58 Net Interest Cost: $67,935.51 NIC: 3.667692 Time Last Bid Received On:06/20/2023 11:36:42 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Fidelity Capital Markets, Boston , MA Contact: Katherine Estes Title: Sr. Associate Telephone :774-392-0159 Fax: 617-692-5949 Issuer Name: Town of Lexington Company Name: Accepted By: Date: Accepted By: Date: "�) 1-,18 -A00 I I C, A I[ # if s I '.vk¢V�i I i:Hi ks TD Securities - New York, NY's Bid -PARR Ar MP Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $2,849,644.00, we will pay you $2,872,070.70, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: IMaturity Date Amount $ lCoupon %o Yield %JDollar Price�j J 02/23/2024 12,849.644M 5.0000 J 3.60001 100.889 1 Bid: 100.787000 Premium: $22,426.70 Net Interest Cost: $70,186.73 NIC: 3.789231 Time Last Bid Received On:06/20/2023 11:50:37 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: TD Securities, New York, NY Contact: Chris Dimon Title: Telephone: 212-827-7171 Fax: Issuer Name: Town of Lexington Company Name: Accepted By: Date: Accepted By: Date: ')'I (J8 1 2002 1 Deal I I U, All m'.IMre,,,erved, I radenwrkb BNYMellon Capital Markets - Pittsburgh, PA's Bid 'PAR11FOY .12 " Ar W E - Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $289,644.00, we will pay you $290,451.30, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: IMaturity Date Amount $ Coupon % Yield foEDollar Price 102/23/2024 1289.644M 4.5000 13.9400 100.354 Bid: 100.278720 Premium: $807.30 Net Interest Cost: $7,664.79 NIC: 4.071200 Time Last Bid Received On:06/20/2023 10:59:42 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: BNYMellon Capital Markets, Pittsburgh , PA Contact: Luke Guglielmo Title: Trader Telephone :212-815-2655 Fax: Issuer Name: Town of Lexington Company Name: Accepted By: Date: Accepted By: Date: ',� 'I U'l 2002 i Duu I I I r— Al I ri(ghW rulmi'ved, I I ade I na I k; Oppenheimer & Co., Inc. - Philadelphia, PA's Bid "PARITIFf" " .3 Ar Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $2,849,644.00, we will pay you $2,861,299.04, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: Maturity Date �i Amount $ lCoupon %JYield % Dollar Price 02/23/2024 12,849.644M 4.7500 J 3.5000 1 100.794 Bid: 100.409000 Premium: $11,655.04 Net Interest Cost: $76,327.72 NIC: 4.120769 Time Last Bid Received On:06/20/2023 11:11:58 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Oppenheimer& Co., Inc., Philadelphia, PA Contact: Darren Smith Title: Executive Director Telephone:215-656-2893 Fax: 215-656-2896 Issuer Name: Town of Lexington Company Name: Accepted By: Date: Accepted By: Date: '<, I 9W -AW [ [.C, All riuhN wservwI, I r.vk¢Vqyiaiks Piper Sandier & Co - New York, NY's Bid "P2 AARY-11-Y" ".r JW Lexington (Town) $2,849,644 General Obligation Bond Anticipation Notes For the aggregate principal amount of $2,849,644.00, we will pay you $2,856,597.13, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate: I Maturity AmountDate$ Coupon 7% 1Yield 17. �16;i ia:r :P:r:i:c:eJ 1 02/23/2024 12,849.644MI 4.5000 3.80001 100.444 J Bid: 100.244000 Premium: $6,953.13 Net Interest Cost: $76,398.96 NIC: 4.124615 Time Last Bid Received On:0612012023 11:49:12 EDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Piper Sandler& Co, New York, NY Contact: Christopher DiCerbo Title: Underwriter Telephone:212-284-9387 Fax: 212-284-9411 Issuer Name: Town of Lexington Company Name: Accepted By: Accepted By: Date: Date: �)—NH 1 2MV i-C1r,iI I I(,;, All r lgI[ s ins("I'Vol I m0c'marks ATTACHMENT 3 TO EXHIBIT B BID COMPARISON Town of Lexington, Massachusetts $2,849,644 General Obligation Bond Anticipation Notes Sale Date: 6120/2023 Dated Date: 6129/2023 Ip�MLQ Delivery Date: 6/2912023 Due Data: 2/23/2024 Days Per Year: 360 Day CounC 234 Bank Qualified: No Rating: None R[d wa, rr,l clmsd d r Icy nuri,orrpl,owi0fi NO inqri(wln Woighted Average Net Interest Cast: 3.8877% Coupon Net Prorate Prorata Reoffering Bidder Dnderwthm Prind al Rate PraMum Interest Interest NIC Premium Interest Award Yield Fidelity Capital Markets 84,644 • $2,9 4.50% $15,416.58 $83,352.09 $67,995.51 3.6677-16 $15,416.58 $83,352.09 $2,849,644 3.35% TD Securities • $2,649,644 5,00% $22,426.70 $92,613.43 $70,186,73 3.7892% BNYMellon Capital Markets' • $289,644 4.50% $807.30 $8,472.09 $7,66419 4.0712% Oppenheimer & Co. • $2,849,644 4.75% $11,655.04 $87,982.76 $76,327.72 4.1208% Piper Sandier & Co. " $2,849,644 4.50% $6,953.13 $83,352.09 $76,398.96 4.1246% Award Totals $15,416.58 $83,352.09 $2,849,644 R[d wa, rr,l clmsd d r Icy nuri,orrpl,owi0fi NO inqri(wln Woighted Average Net Interest Cast: 3.8877% SCHEDULE A TO EXHIBIT B PROOF OF YIELD ON THE ISSUE Town of Lexington, Massachusetts $2,849,644 General Obligation Bond Anticipation Notes Dated June 29, 2023 Proof of Bond Yield @ 3.3425426% Date Cashflow PV Factor Present Value Cumulative PV 06/29/2023 0212312024 1.000000ox 2,932,996.09 0.9786835x 2,870,474.90 2,870,474.90 Total $2,932,996.09 $2,870,474.90 Derivation Of Target Amount ParAmount of Bonds .................................................................... .................................... .................................... ...... — $2,849,644.00 Reoffering Premium or (Discount).___...........................................................................................................__................... 20,830.90 OriginalIssue Proceeds ......................................................................................................................................................... $2,870,474.90 EXHIBIT C SPENDING SCHEDULE New Money Purpose This Issue Date of First gXpVdlture* Spent by Original Issue Date -6/29)'2023 Spent By 12/2912023 SignMization Improvements $73,479 rja $0 $73,479 Hill Street New Sidewalk $10,690 313112023 $10,690 $10,690 Route 41225 Transportafion Improvement Project $300,000 1120t2023 $68,474 $300,000 Water System Improvements $1,300,000 nta $0 $1,300,000 Sidewalk Improvements $65,475 n/a $0 $65,475 Battle Green Streetscape Improvements $1,000,000 112012023 $680,637 $1,000,000 High School Feasibilfty Study $100,0100 4128/2023 $145 $100,000 -Total S2,849X44E $649,946, $2,849,644, 133553125v.2 Exhibit C- I AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Fiscal Year 2024 Cost -Of -Living Adjustment (COLA) for Non -Represented Employees PRESENTER: ITEM NUMBER: Carolyn Kosnoff, Assistant Town Manager for Finance I.8 SUMMARY: Category: Decision -Making This item is to consider the Cost of Living Adjustment (COLA) for the non-union Town staff. As the Board is aware, the Town has approximately 425 employees, most of whom are unionized. There are 51 full-time town staff and 13 part-time town staff that are not unionized. The total salaries for these staff are approximately $5.6 million. The following are the costs associated with different COLA levels: 2.0% $112,000 2.25% $126,000 (+$14,000) 2.5% $140,000 (+$28,000) 2.75% $154,000 (+$42,000) 3.0% $167,000 (+$55,000) As the Board is aware the traditional COLA for non-union employees has nm' ored the average increase for unionized employees. All unions are now under contract (the Library Union expires on 6/30/23) and all include a 2.0% COLA, which has been consistent for the past several years. As the Board is aware, during union negotiations, many of the unions receive benefits which add to their annual increases beyond the basic COLA and that these benefits are not available to the non-union employees. While the Town Manager is recommending a 2.0% increase in the COLA for non-union employees, as we strive to retain staff, the Town Manager also wanted to provide the costs associated with various percentage increases above the 2.0% level for the Select Board's consideration. SUGGESTED MOTION: Move to establish a COLA for non-union employees for FY24 at 2.0%. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/21/2023 8:25pm ATTACHMENTS: Description Non Union 4 01 ^# List IFY24 Type Over Men July 1, 2023 COLA List NON - UNION Positions Department Office Manager Assessing Office Manager Select Board Department Assistant Select Board Administrative Assistant Finance Assistant Town Manager for Finance/Comptroller Finance Budget Officer Finance Director of Purchasing Finance Town Accountant Finance CEC/AC Recording Secretary Finance Fire Chief Fire Office Manager - Fire Department Fire Human Services Director Human Services Office Manager - Human Services Human Services Veterans Services Officer Human Services Veterans Services District Director Human Services Director of Innovation and Technology Information Technology Alternate Inspectors Land Use, Health and Development Assistant Town Manager for Land Use, Health & Development Land Use, Health and Development Office Manager - Land Use Land Use, Health and Development Visitor's Center Manager Land Use, Health and Development Visitor's Center Assistant Manager Land Use, Health and Development Substitute Temporary Library Employees Library Library Director Library Deputy Library Director Library Office Manager - Library Library Part-time less than 8 hrs/biwkly Library Employees Library Cadets Police Office Manager - Police Department Police Per -Diem Public Safety Dispatchers Police Police Chief Police Administrative Assistants Public Facilities Office Manager Public Facilities Assistant Director of Public Facilities Public Facilities Assistant to the Project Manager Public Facilities Audiovisual Technician Public Facilities Director of Public Facilities Public Facilities Facilities Engineer Public Facilities Facilities Superintendent Public Facilities LHS Facility Manager Public Facilities Project Manager Public Facilities Superintendent of Custodial Services Public Facilities PBC Recording Secretary Public Facilities DPW Sidewalk Cleaning Attendants Public Works Office Manager - Public Works Public Works Per Diem Engineering Assistant Public Works Public Works Director Public Works Manager of Operations Public Works Seasonal Compost Attendant Public Works Recreation and Community Programs Director Recreation and Community Programs Administrative Manager Recreation and Community Programs Certified Recreation Specialist Recreation and Community Programs Human Resources Assistant Human Resources Office Human Resources Director Human Resources Office Administrative Assistant - Human Resources Human Resources Office Benefits Coordinator Human Resources Office Benefits Assistant Human Resources Office Deputy Town Manager Town Manager's Office Office Manager - Special Events Coordinator Town Manager's Office Parking Hearing Officer Town Manager's Office Town Manager Town Manager's Office Public Information Officer Town Manager's Office Sustainability Director Town Manager's Office