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Home My WebLink About2023-07-10 SB Packet - Released SELECT BOARD MEETING Monday, July 10, 2023 Conducted by Remote Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each spealcer is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Spealcers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chau 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 Residential Solid Waste Regulation Amendment 2. Record Select Board Committee Liaison Assignments 3. Approve Select Board Meeting Minutes • June 5, 2023 Select Board • June 5, 2023 Select Board/School Committee Joint Meeting • June 12, 2023 Select Board • June 21, 2023 Select Board 4. Approve Select Board Committee Appointments . Historic Districts Commission- Daniel Hisel • Vision for Lexington Colnmittee- Select Board Member- Ji11 Hai 5. Accept Select Board Committee Resignation • Lexington Council for the Arts -Anwell Tsai 6. Approve and Sign Water and Sewer Adjustments ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing:Noise Bylaw Special Permit- Night Work for Phase 2A Water Main 6:40pm Replacement on Lowell Street and Woburn Street 2. Liquor License Amendments - Lixi Hospitality Lexington FB MGT, Inc. d/b/a 6:SOpm Aloft Lexington, 727A Marrett Road . Pledge of License . Change of Manager • Change of Officer 3. Liquor License Amendments - Li�Hospitality Lexington FB MGT, Inc. d/b/a 6:SSpm Eleinent Lexington, 727B Marrett Road • Pledge of License • Change of Manager • Change of Officer 4. Review and Approve Proposed Engraving for Ground-Mounted Granite Structure 7:OOpm for LexSeeHer Monument 5. Approve Request for Designer Selection Policy 7:lOpm 6. Update From Chief Equity Officer 7:25pm 7. Update on Solar Canopy for Police Station Project 7:40pm 8. Review and Approve Fiscal Year 2023 Year-End Transfers 7:SOpm 9. Discussion on Planning Charrette for Lexington Center 8:OOpm 10. Review and Approve American Rescue Plan Act(ARPA) Requests 8:lOpm 11. Discuss Select Board Report for FiscalYear 2023 Annual Town Report 8:30pm 12. Approve Temporary On-Street Parking- 75 Fottler Avenue 8:40pm 13. Approve Townwide Policy for Paid Parental Leave 8:SOpm ADJOURN 1. Anticipated Adjourninent B:SSpm Meeting Packet:https:/�lexington.novusagenda.com/agendapublic/ *Menzbers of the public can attend the meeting fr�om their cornpute�or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF laGSETmNsRDvoZz09 iPhone one-tap: +13092053325„92482764382#,,,,�380743# US +13126266799„92482764382#,,,,�380743# US (Chicago) Telephone: +l 309 205 3325 US +l 312 626 6799 US (Chicago) +l 646 931 3860 US +l 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID:924 8276 4382 P as scode: 380743 An Act Relative to Extending Certain State of Emergency Accomodations:https://www.mass.gov/the-open-meeting-law The next regularly scheduled ineeting of the Select Board will be held on Monday, July 24, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request �� A]7 agenda time and the orcler of�items are approximate and ,�bje�t to�h�,�be. Recorded by LezMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports ITEM PRESENTER: NUMBER: Select Board Meinbers LR.1 SUMMARY: Please see the attached Select Board Correspondence Secretaiy Report and the attached Select Board Member Announcements and Liaison Reports for the July 10, 2023 meeting. Under this item, Select Board Members can also comment on any additional points, reports and concei-ns. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ �;Q>nrta;��rQrrra:�a�r�,c;w,c;c;�a,d,nuy 1es,��T�rud �ttlly�II�]t J�U�:� lf:"�ra;Ikti��T CVCI�ud�;�uar.1 ❑ �a:Nc°wd��ar�nua�fl�tu:u�>�u��c��usu:r�a:s ar�a�V��u,arnu�$�,�4^uus .nullg�V�U,7�U'7..,:� ��a;fl;�G��a Cv��uQa�uual Correspondence Secretary Report—July 10, 2023 Joe Pato: During this period (5/1/23—6/30/23), the Board has received email correspondence on the following topics: gi « _ . Minuteman School Committee Appointment 32 Blasting at 69 Pleasant Street development 9 Comcast Renewal 4 Lexpress Fare Proposal 2 Noise Bylaw Enforcement- landscaping 2 Road safety issues on Walnut Street 2 Senior Parl<ing Program 2 Affordable Broadband 1 Bike Lane at Mass Ave/Worthen 1 Dead Bear 1 LexHA6 Property Purchase 1 Missing Bus Stop Signage in Center 1 Opposition to Lexington Minutemen Discriminatory Membership 1 TRACER LANE SOLAR PROJECT 1 TSG Access 1 Vine Street Housing 1 Worthen Bike Lane Concerns 1 Worthen Road and Mass Ave Intersection 1 Total: 64 In addition,the Board has received 3 Student Outreach Letters on the following topics: � Abortion Rights • Discretionary Taxation � ADA Compliance Select Board Concerns and Liaison Reports—July 10, 2023 Joe Pato: Ad Hoc Transportation Advisory Committee • First Public Meeting The Committee is planning a public listening session for July 26 at 7:00 pm via Zoom.The goal of the sessions is to develop a shared understanding of current and future riders' needs for Lexpress as well as the financial challenges and opportunities for transportation services.A second in-person meeting is being considered for later in the summer or early fall. A follow-up public meeting is in planning for the fall to review findings. Dou� Lucente: Hanscom Area Towns Committee(HATS) � At the June 22, 2023 HATS Meeting, the guest presenter was Neil Rasmussen, President of Save Our Heritage. After the presentation, the HATS members proposed that the 4 Select Boards collectively send a letter addressed to the Governor concerning the Proposed North Airfield Expansion at Hanscom Airport.Terri Ackerman originally drafted the attached letter from the Concord Select Board, and I made some content and formatting changes. Please note that this DRAFT version has not been reviewed by any boards or committees yet. • The intention behind sharing this draft is to provide a starting point for the four Select Boards to work towards creating a unified version. HATS members will consult with each municipality's Select Board Members in an open meeting and gather feedback on the draft letter. • I have asked our Chair to add this to an upcoming agenda for the Board to discuss. THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS. The Honorable Governor Maura Healey Office of Constituent Services Massachusetts State House, 24 Beacon St. OfFice of the Governor, Room 280 Boston, MA 02133 MMM DD, 2023 RE: Proposed North Airfield Expansion at Hanscom Airport and Contradiction to Commonwealth's Climate Goals Dear Governor Healey, We,the undersigned Select Boards of Bedford, Concord, Lexington, and Lincoln, extend our appreciation for the bold and ambitious Climate Goals you have set forth for our Commonwealth. We write to bring your attention to a pressing environmental concern regarding the proposed North Airfield Expansion at Hanscom Airport and its potential contradiction to the state's climate objectives. At the forefront, we must address the critical issue of greenhouse gas emissions.While this expansion project may be in our backyards, we recognize that carbon emissions impact the atmosphere regardless of their origin.Therefore, our objective goes beyond stopping the expansion at Hanscom Airport. We respectfully request your support in opposing any private jet hangar expansion at Hanscom or elsewhere, emphasizing the urgent need for all sectors, in all locations,to work collaboratively towards reducing CO2 emissions. Our towns have been diligently working hand-in-hand with the State government to achieve our greenhouse gas emission reduction targets by 2030, and we have made significant progress. However, the proposed North Airfield expansion would undermine these efforts, exacerbating greenhouse gas emissions and directly contradicting the climate goals pursued by our towns,the Commonwealth, and the nation. Furthermore, this expansion stands in stark contrast to Massport's own Master Plan of 1978 and the MAPC MetroCommon 2050 plan. It also undermines Massport's commitment to achieving zero greenhouse gas impacts by 2031, a commitment that even the project proponents acknowledge in their ENF. Compounding the issue, the development plans include taxiway and runway upgrades to accommodate category 4 large aircraft.These aircraft have significantly larger carbon footprints and are incompatible with the type of aircraft Hanscom typically serves.This raises concerns about environmental justice, as the project would support intensive fossil fuel usage for the benefit of a few affluent individuals while adversely affecting several schools and 30 census tracts identified as environmental justice neighborhoods. Hanscom Airport, located in Bedford, Concord, Lexington, and Lincoln, already holds the distinction of being the busiest General Aviation airport in the Commonwealth. Over the years,the incremental growth and expansion of the airport have resulted in increased vehicular and aircraft trafFic, noise pollution, air pollution, and other negative impacts that have eroded the quality of life for residents, THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS. wildlife, and visitors.The cumulative effect of these incremental increases has taken a toll on the natural, cultural, and historical resources that define our communities. Moreover,the proposed private jet hangar expansion would be the largest in Hanscom's history, potentially tripling the private luxury jet hangar capacity and enabling thousands of additional flights per day. While the premise of the expansion project suggests a net benefit to the environment by reducing ferry flights due to limited space at Hanscom Field,the proponents have failed to provide substantial evidence or data to support this claim. Many individuals and organizations believe that additional hangars will instead encourage more operators to base their operations at Hanscom. It is imperative that the proponent be held accountable for substantiating any promised reduction in ferry flights with accurate figures and supporting documentation. Similarly, any other public benefits associated with the project should be thoroughly documented and justified. In light of the above, we humbly appeal to your leadership and authority to denounce the expansion of private jet capacity at Hanscom Airport or any other airport in the state.Taking such a stand would send a resolute message to Massport and other airport owners that these expansions are incongruent with the drastic and unprecedented steps we must take to reduce CO2 emissions. To address this matter effectively, we respectfully request your attention to the following actions over the coming months: • Ensure a comprehensive and accurate Environmental Impact Review(EIR)takes place,with specific focus on climate change and the carbon footprint.The EIR should incorporate a comprehensive public cost/benefit analysis, addressing noise levels, air quality,vehicle trafFic, impacts on rare species, and effects on the local economy. • Give serious consideration to the environmental justice implications of this project and, based on such considerations, exercise the full extent of your powers to halt Massport's expansion plans for private jet capacity at Hanscom Field. • If additional hangars must be built, demand that the proponent guarantees the promised reduction in ferry flights, supported by specific and accurate data. Strict regulations must be in place to ensure that neither the number of flights, nor the size of the jets, nor the cumulative carbon footprint increases. In the long term,we urge you to collaborate with Federal and State governments to undertal<e the following measures to minimize the project's climate impact: • Realign incentives by revising tax laws for private jets,such as raising the excise tax for jet fuel and providing incentives for alternative fuel sources. Notably, Massachusetts already has at least one airline utilizing all-electric planes. • Revise the mission of Massport to better reflect the needs of the public in 2023 and beyond. In addition to the historical goals of expanding jet travel and maximizing profits, it is crucial to incorporate the goal of reducing greenhouse gas emissions. • Implement strict controls on the number of flights per day, enforced rigorously with substantial penalties for violations. If the project's proponents claim a decrease in ferry flights, this should not pose a challenge. � Impose stringent controls on the size ofjets, setting maximum allowable CO2 emission thresholds. THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS. • Enact increased fees for flights between 11 PM and 7 AM, strictly enforcing the regulations and imposing significant fines for non-compliance. We,the undersigned Select Boards, stand ready to join forces with you in this crucial endeavor to combat climate change. Please inform us of specific actions we can collectively undertake to support this cause. Sincerely yours, eedford Select eoard BOPHA MALONE,CHAIR SHAWN HANEGAN MARGOT FLEISCHMAN EMILY MITCHELL PAUL MORTENSON Concord Select Board HENRY DANE,CHAIR MARY HARTMAN TERRI ACKERMAN LINDA ESCOBEDO MARK HOWELL Lexington Select Board JOSEPH N.PATO,CHAIR SUZANNE E.BARRY DOUGLAS M.LUCENTE 11LL I.HAI MARK D.SANDEEN Lincoln Select eoard JAMES HUTCHINSON,CHAIR JENNIFER GLA55 KIMBERLY BODNAR CC: Ms. Gina Fiandaca, Secretary Rebecca Tepper Secretary and CEO of MassDOT Executive Office of Energy and Environmental MassDOT Board of Directors Affairs 10 Park Plaza 100 Cambridge St., 9th Floor Boston, MA 02116 Boston, MA 02114 Climate Chief Melissa Hoffer OfFice of Climate Innovation and Resilience (within Governor's Office) Same address as the Governor's Office THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS. Senator Elizabeth Warren Senator Ed Markey Congresswoman Katherine M. Clark Congresswoman Lori Trahan Congressman Seth Moulton Sen. Cindy F. Friedman Sen. Michael J. Barrett Rep. Michelle L. Ciccolo Rep. Kenneth I. Gordon Rep. Simon Cataldo Rep. Carmine Gentile Rep. Tom Stanley AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update ITEM PRESENTER: NUMBER: Jim Malloy, Town Manager T M.1 SUMMARY: Attached please find the Town Manager's Weekly Updates for: • 6/30/23 • 7/7/23 SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ ti�rc c;l�ll�a7�s�9audc;fr.3�1�)"S �hrva�rr C"Ila:utrcr ❑ �rc�c��;Vy a.S�4i nfl� 7 7..I"S �zrva°�r1VGa�us�cn �b�.0.d'1tlifiXV �� '� b� � '�,�"... Cw "A. � �I' �� X h;d � � "�`t� �F 1 t"'f!a,CC12a ��r9 �"��"rrvrc a��''� � _ ;��;�r„irr; � Town of Lexington Town Manager's Office James J. Malloy, Town Manager TeL• (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: June 30, 2023 RE: Weekly Update The following is an update of activities for the week ending June 30, 2023: Town Mana e� r U�dates: • Attached please find a new policy on photography and filming in town buildings. • Attached please find the ARPA spreadsheet and request forms from various town departments. As the Board will see, with the inclusion of participatory budgeting in 2024 and 2025 and the requests presented this quarter, we will be approximately $50,000 over the Town's ARPA allocation. Therefore, not everything requested can be funded and the Board will need to consider whether we are continuing the participatory budgeting (both for financial reasons and for planning purposes for this year). • Attached please find a copy of the Original Noise Bylaw, a Redline draft that the Working Group has been working on for the past few months (Redline Draft#5) and a clean version of the redline draft (Clean Draft#5). Our goal was to provide a clearer bylaw that would provide better enforcement, address the concerns we have heard from residents related to the Pleasant Street project and limit any additional proposed changes to the landscaping noise sections. I want to thank Select Board member Joe Pato, Jim Kelly, Building Commissioner, Joanne Belanger, Director of Public Health, Alicia McCartin, Assistant Director of Public Health, Abby McCabe, Planning Duector, Julie Krakauer, Zoning Administrator, Tim Flaherty, Assistant Fire Chief, Mike McLean, Police Chief, Chris Barry, Police Captain and John Mazerall, Police Captain who attended our weel�ly Worl�ing Group meetings and provided the input on the proposed changes in the attached draft. Our intent at this point is to receive input from the Select Board and incorporate any additional changes/modifications and then have a community engagement process (that would include residents around the Pleasant Street project, all residents and the contractor community) over late summer/early fall leading up to the Fall Town Meeting. We will be putting this on an upcoming Select Board meeting for discussion. • On the Town's Curbside Composting Pilot Program, the results as of this week are: 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 703 existing residential 1,231 new residential 1 commercial condominium (worth 10 residential) Tota1= 1944 (56 spots left) Paying 607 residential Starter Kits 406 new pilot customers have not picked up their bin yet (based on the 825 that the DPW has distributed) • Just a reminder that on Monday, the Health Department becomes a stand-alone department and the Land Use, Health and Development Department becomes the Land Use, Housing and Development Department. Thank you to everyone for making this transition go as smooth as it has! • Attached please find the agenda tracker for upcoming Select Board meetings. Public Facilities: • Attached please find the June Police Station Construction Update Report. Land Use Health and Develo�ment: Assistant Town ManageN for Developrnent • Staff professional development was robust this fiscal year. Licenses and training highlights include: o Conservation Coordinator Amber Carr and Department Assistant for Conservation Meghan McNamara completed the "Fundamentals for Conservation Commissioners Certificate Program"through Mass. Association of Conservation Commissioners this fiscal year. During MACC's annual conference in 2023, Meghan attended four webinars on local wetlands bylaws with respect to climate change, identifying Mean Annual High Water Line, importance of groundwater hydrology, and an overview of the revised Handbook for wetlands delineations. These trainings have helped Meghan to provide a better customer experience as she understand the rules and regulations of the Wetlands Protection Act in more detail. o Planning Director Abby McCabe maintained all the credits for certi�cation by the American Institute of Certified Planners (AICP). o Assistant Health Director Alicia McCartin completed her third semester towards her Masters in Public Health. She has 4 semesters left in the program. At the same time, she completed 24 hours of CEUs to renew her Registered Environmental Health Specialist/Register Sanitarian Credential (REHS/RS) and renewed her Title V System Inspector certificate. She also completed the NEHA Food Plan review course to be certified. o Assistant Building Commissioner Bruce Dempsey and Inspector Tom Kennedy are actively participating in work-shops and seminars for review and preparation of the on-going energy code changes taking place. Bruce is pursuing a more intensive review of the Passive House Design standards, and Tom and Building Commissioner Jim Kelly will soon follow. Jim Kelly expects the Passive House Design will someday become the norm, so he expects the staff to be prepared to meet that code. • The Building Commissioner and staff are preparing for the New IBC and IRC 2023 Base Building Code changes, commonly known as the 10t" edition of the state code. This code has been in the works for years, and will become code in 2024. Planning • Planning Board Public Hearing for Zoning Regulations—On Wednesday, July 19 at 6:00 pm on Zoom the Planning Board will hold a public hearing to make various amendments to their Regulations relative to recent zoning changes. Draft Regulations will be in Novus and here: l�h��sso��r�.��x��p��ap�, ��a.�a��9�3��;a��u� Public Works: • Attached please find the April-May Update on the Battle Green Streetscape Project. • The Valleyfield, Crrassland, and Waltham Streets Drainage Improvements Projects brealc ground July lOth. There will be traffic impacts including an around the clock closure on Waltham Street with detour from July 31 st to August 16th. The following is the planned schedule: o Starting approximately on July 10 a daily lane closure on Waltham Street(alternating one- way traffic)thru July 28. o Starting July 31 a 24-hour per day road detour on Waltham Street directing traffic around the work site using Brookside Ave, Stedman Road, as well as Hayden Ave and Marrett Road (both lanes closed) S��ma� (t�df1 thru August 16. o Starting August 17 a daily lane closure on Waltham Street (alternating one way traffic) thru August 29. Health: • The Health Office applied to and was approved for the Community Naloxone Purchasing Program through the Ma Department of Public Health. We have enrolled in a program that enables us to order Naloxone for free from the State. The START group is planning to create Rescue kits that will contain Narcan, along administration instructions, fentanyl strips ( also free from DPH) , gloves, CPR masks and other resource material. Protocols will be developed to make these kits available to the public and also to have them in Police vehicles for potential use and distribution. J�M�R�fM ��„" • C�� +q �� .r•�, Z 0 � $� 6-�� 5 x � � f" 1775 2025 �`.C,��N�Z�H. : u",�`�,:` , ,,,:o,e:^s-<s 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: Senior Management Team FROM: Jim Malloy, Town Manag DATE: June 26, 2023 RE: Town Building Photograph Filming Policy Due to concerns raised after residents and staff were filmed in town buildings, I've asked Town Counsel to draft a policy for my review related to photographing and filming in town buildings. Attached please find the policy that is in effect as of today. At our next SMT meeting, we can discuss best methods of enforcing the policy when it becomes necessary. Should you have any questions, please let me know. Thanks. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Town Building Photography& Filming Policy Non-commercial photography, filming, and recording are permitted in public areas of buildings owned and operated by the Town of Lexington("Town Buildings") within the following guidelines: • The Town reserves the right to deem areas of any Town Building non-public, including, without limitation, office spaces, file storage areas, and other areas to which public access is not required by law. • Photography, filming, and recording and any associated equipment may not interfere in any way with Town operations. • Photography, filming, and recording and any associated equipment may not disturb members of the public. . Photography, filming, or recording of inembers of the public may only occur with their express consent(or consent of a parent or guardian in the case of a minor). • Equipment such as tripods or selfie sticks may not obstruct entrances, exits, doorways or other passageways. • Specific policies may apply to particular buildings, including without limitation the Community Center and Cary Memorial Library. Where those policies conflict with this one, the building specific policy shall govern. Town staff reserve the right to escort individuals who are photography, filming or recording in any Town Building in violation of this Policy. Approved: � r� _.Z��Z� � James J. Malloy Date Tow Manager W�i m 61 — ° � I�.. 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We also identified the ongoing needs that the Food Pantry has,including funding and storage.We were able to work with the pantry to identify some overflow storage space for them.We have also issued some funding to them recently,per Town Manager approval.We expect to continue to allocate some of this food insecurity funding to the pantry. Finally,the Meals on Wheels program is operated by Minuteman Senior Services and runs out of the Community Center.When we moved from Muzzey to the LCC,we brought a freezer and refrigerators with us.Those have exceeded their usable lives and we have had to service/repair the freezer 3-4 times just in the last year.When the freezer breaks,all of the frozen meals that are stored for Meals on Wheels participants must be thrown out,creating additional waste and the potential for increased insecurity amongst participants who rely on these meals.We request to spend some of these funds on replacement of this crucial equipment so as not to cause additional strain on the Meals on Wheels program. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Food insecurity has increased significantly as a result of COVID, due both to financial constraints and supply chain issues. As well, our Meals on Wheels participants were and continue to be the most vulnerable through COVID, as they had no means of accessing food on their own and continue to be at significant health risk if they contract COVID. Our multi-pronged approach to addressing food insecurity in Lexington provides critical support for those residents still in need of nutritious and regular meals. Date Submitted to the Town Manager: 6/15/2023 sUbm�tted Bv: Melissa Interess, Human Services Director � �� I �' � � �� u ��I � �� Name of Pro�ect:Elections Trailer and Storage Project Cost: �� 0�QO� oepartment: Town Clerk Cost Basis: 6 x 12 single axel trailer, plus registration fee estimates and setup costs Please describe the project: An election trailer would allow the Town to put all equipment needed to be brought to various polling locations into one, moveable unit. DPW would only need to hitch it up before/after an election to put everything in, including electric cords, plexiglass barriers, signage etc. Trailer, due to small size, could be parked almost anywhere in Lexington. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Ensuring access to elections is a primary focus and this will allow the DPW to be more nimble in setup and take down of our ever growing election supplies. Date Submitted to the Town Manager: ,JUne �, 2Q23 sUbm�tted Bv: Mary de Alderete, Town Clerk � �� I �' � � �� u ��I � �� Name of Pro�ect:Front Hall Meeting Display ProjectCost: � � � 6V.99 Department: OfflCe Of the TOWn Clerk Cost Basis: (Quote Attached) PANASONIC SQE1 W SERIES 43"4K UHD PRO DISPLAY/REG CHIEF MICRO-ADJUST TILT WALL MOUNT-LARGE/REG PATH43SQE1W CHLTM1U (TH-43SQE1 W) (LTM1U) 920.16 248.83 Please describe the project: Replace monitor in front entrance hallway with commercial grade monitor in order to display upcoming meetings 24-7 in Town Hall. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Ensuring up to date meeting notices to the public is paramount to the public's ability to participate in-person or via remote participation. Date Submitted to the Town Manager: May H, 2023 sUbm�tted Bv: Mary de Alderete, Town Clerk Government, Education, and Corporate Department o For Pricing Requests,Purchase Orders,and Customer Service: � 800-947-8003 800-858-5517 Education:emailbids@bhphoto.com Fed Gov:federalsales@bhphoto.com � � . � � � � ..� , � , 212-239-7503 212-239-7759 Corporate:corporatesales@bhphoto.com StateandLocal:biddept@bhphoto.com ° a v The Professional's Source � 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com � LL Prices Are Valid Until: OS/31/23 Quote No.:1099384929 Reference No.: R201202-OMNIA Sold To: Vincent Lerow Town Of Lexington Town Of Lexington 201 Bedford St. LEXINGTON,MA 02420 Bill Phone: (781)389-1186 Work Phone: (781)389-1186 ate ustomer o e erms a esperson ip ia 0 /01/23 B377 18 N/A WB FDX GROUND - t� � � • �- � • � • 1 1 PANASONIC SQE1 W SERIES 43"4K UHD PRO DISPLAY/REG PATH43SQE1 W 92016 92016 (TH-43SQE1 W) In Stock-while supplies last. 2 1 CHIEF MICRO-ADJUST TILT WALL MOUNT-LARGE/REG CHLTMI U 248.83 248.83 (LTM1 U) In Stock-while supplies last. PLEASE NOTE: ------------ ----------------------------------------------------- **** Please reference your quote number on all PO's **** **** ALL PRICES ARE LISTED IN USD **** Certain items may be enforced by vendor to sell at the vendor-imposed price posted at the time of order. , �, � Sub-TotaL• 1,168.99 N/A Shipping: Free STND - Total: 1 168.99 � � Customer Copy Page 1 of 1 � � �� I �' � � �� u ��I � �� Water fountain installation at the Lincoln Park Name of Project: Project Cost: ��O O �epartment: Recreation and Community Programs Cost Basis: This cost is associated with the installation associated with two Park water fountains. The fountains were previously funded and purchased with ARPA funding. Once the old fountains were removed, it was identified that new PVC piping and water piping along with leveling the concrete pads was required. Please describe the project: Cost to install two new water fountains at the Lincoln Park (currently only one working water fountain on site). The installation can occur, if approved, in the coming week prior to the start of summer. Please describe how this meets the Select Board's Nexus with COVID Pandemic: This meets the Select Board's Nexus through Public Health & Safety Date Submitted to the Town Manager: J U ne � 5, 2023 Submitted By: MPIISSa Battlte, Director � �� I �' � � �� u ��I � �� Name of Pro�ect:Municipal Building Decarbonization Roadmap ProjectCost: �30,000 Department: SUSlaIIIabIIIty�FaCIIItIeS Cost Basis: The following is based on a proposal from PowerOptions: - Building Decarbonization Roadmap - $13,000 - Premium Roadmap Implementation Support - $9,000 - Energy Intelligence Suite - $6,000 - PowerOptions membership (2 years) - $2,000 Please describe the project: The$30,000 could be used to complete a comprehensive municipal building decarbonization roadmap,get a year of implementation support for three priority buildings, and set up a much-needed municipal energy tracking dashboard. The decarbonization roadmap would identify a cost-effective pathway to decarbonize Town buildings that could be integrated into existing capital planning to ensure decarbonization projects are planned for at a time that aligns with other work in each building and to ensure we are planning decarbonization around the end of life of key systems. PowerOptions provides this decarbonization planning service and they have created effective plans in other communities,such as Melrose.The process would include analyzing current energy use,assessing existing building equipment, setting goals,and creating a roadmap to achieve the goals.The plan includes recommended timelines and analysis of costs and savings of each project. The$30,000 could also cover setting up a comprehensive municipal energy tracking dashboard,which would provide much easier access to utility data across departments. It would greatly streamline Green Community and Building Energy Use Disclosure reporting requirements. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The Covid pandemic heightened awareness about the importance of healthy buildings. Decarbonization is not only a climate solution, but also a public health solution. Buildings that do not burn fossil fuels have better indoor air quality than buildings that do. Planning for decarbonization in our Town buildings will ensure Town staff, students, and the public are spending time in healthy buildings that are more resilient to any kind of disruption, whether that be a future public health crisis or the ongoing climate crisis. Date Submitted to the Town Manager: 5/30/2023 sUbm�tted Bv: Maggie Peard � �� I �' � � �� u ��I � �� Fire Department Ambulance replacement Name of Project: Pro ect Cost: � , partment: F i re D e p a rt m e n t ; 36 862 .0o De Cost Basis: Actual contracted purchase price escalation overage. Please describe the project: Cover the cost escalation of the town's replacement ambulance that was purchased with ARPA funds. As supply issues continue the cost escalation has increased by $36,862.00 over the anticipated purchase price. The ambulance is ordered and locked into the price of$436,862.00 and we wouldn't need additional funding above the $36,862.00 Please describe how this meets the Select Board's Nexus with COVID Pandemic: This request is to complete the purchase of an ARPA approved and supported project. Date Submitted to the Town Manager: 6�7�2�23 SUbm�tted BY: Derek S. Sencabaugh � �� m�, I � � �� Name of Pro�ect:Mental Health Clinician (partnership with Eliot Community Human Services) ProjectCost: $260,000 (neXt 3 yeal"S) Department: HUI�Y�aI1 SerVICeS Cost Basis: Clinician salary + benefits + indirect expenses = �$70,000 annually Build salary/benefit increases and additional costs into the remaining 3.25 years to average to $80,000/year. Requesting approval for the remaining years now to ensure funds are available and this program can continue. Please describe the project: Last year the Select Board approved an initial year of funds to contract with a Mental Health Clinician to provide mental health services exclusively to Lexington residents. We developed a partner agreement with Eliot and Eliot recruited a clinician, who started in August of 2022. In just 3 weeks, her caseload was full and has remained full since mid-September 2022 with an ongoing wait list. The demand for her services has remained steady, even with additional short-term mental health services being provided by the Human Services department. As well, the INTERFACE referral service continues to see a steady number of referrals. The demand for mental health care is clearly not decreasing and our Eliot clinician is providing residents with quicker access to therapy. To date, the clinician has seen nearly 50 residents for ongoing therapy. And the Human Services department has seen approximately 20 residents for short-term therapy since February 2022. The current wait list for services through our department is 12 people. Had it not been for the Eliot clinician, many of these residents in need would still be waiting for services. Please describe how this meets the Select Board's Nexus with COVID Pandemic: COVID impacted mental health in a significant way. As the pandemic raged on, more and more people were looking for therapy services as a way to cope with the effects of the pandemic or with life in general. For some, the pandemic exacerbated underlying mental health issues and for others, the pandemic created new mental health concerns. The provider landscape could not keep up with the demand. Many providers had already been moving away from accepting insurance, making access that much more difficult for those with limited means. The mental health services offered through the Human Services department have been a lifeline for many through COVID and continue to be a support post-pandemic. Date Submitted to the Town Manager: 6/14/2023 Submitted By: Me�ISSa �ntei'eSS � �� I �' � � �� u ��I � �� Name of Pro�ect:Elections Trailer and Storage ProjectCost: �2�895 oepartment: Town Clerk Cost Basis: Electronic Letter Opener Please describe the project: An electronic letter opener for the Clerk's Office so that Vote-by-Mail may be better administered. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Vote-by-Mail has been an ever increasingly popular choice for voters. This opener will allow faster throughput for the higher demand, especially with the 2024 presidential election cycle rapidly approaching. We will hold the Town election in conjunction with the presidential primary- meaning double the usual number of ballots requested at an election. Date Submitted to the Town Manager: ,JUne �, 2Q23 sUbm�tted Bv: Mary de Alderete, Town Clerk � �� I �' � � �� u ��I � �� Name of Pro�ect:Hybrid Refresh Project ProjectCost: �721 �3V2.C�� Department: �T + Facilities Cost Basis: We brought in ProAV to design and quote each room. Cost includes everything to do the work from materials to labor with a 12% contingency Please describe the project: This project is to update all public meeting spaces in Town with hybrid conferencing technology. The technology we've chosen includes new 4K automated cameras, updated displays/projectors/screens, microphones, speakers, zoom-room tablets, room availability displays and other AV equipment needed to make this work. We've designed these rooms to have the same, consistent technology across the board so training and support would be reduced. This design also eliminates the need to bring a laptop to operate the meeting as the Zoom-Room tablet will do all the work. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The COVID pandemic forced us to stop our in-person meetings and go completely remote. Thankfully, technologies like Zoom already existed so it made the transition rather seamless. Over the past 3 years or so, we've adapted a bit more and are now running hybrid meetings. The current technology we're utilizing for these meetings is a temporary fix and it causes a lot of problems such as the need for a laptop to be available to run the meeting. Even more concerning is the audio and video quality issues which make it difficult to even have the meeting when individuals in the room cannot be heard or seen very well. This project, if approved, will replace all the temporary solutions we have with a professionally designed system that has vastly improved audio and video capabilities. It will allow us to continue to run hybrid meetings well into the future. Date Submitted to the Town Manager: 6/28/2023 Submitted By: TIf11 GOi1Ca�VeS Town of Lexin�ton Hvbrid Refresh Proiect Buildin�/Rooms Totals Cost Notes Town Office Bldg/Cary Memorial Bldg $ 158,111 Select Board Meeting Room (SBMR) $ 80,276 * Public Services Building $ 61,931 Community Center $ 120,330 Cary Library $ 143,417 Police Department $ 160,302 ** Fire Department $ - Subtotal $ 724,368 Contingency (12%of total cost) $ 86,924 Total Project Cost $ 811,292 ARPA Request(minus SBMR) Cost Request (before contingency) $ 644,092 Contingency (1z%of total costJ $ 77,291 Final ARPA Request $ 721,383 Less Police Department: $ 561,080 *Already funded by ARPA. Order placed. ETA late June **Recommended to be funded through Police Station Project Redline Draft#5 Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms—See Ch.5. Animals—See Ch.9. § 80-1. Findings. The Town of Lexington finds that excessive or unwananted noise jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens. § 80-2. Purpose and applicability. A. The purpose of this by-law is to protect the citizens of Lexington from excessive or unwarranted noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations,�, � �uu �uu� ,,�� . I �i�� , � , � , uu��,�V�u��uu�r",� �w�u�� uu�r� �uuuuu��,�,�� i�,r� �.qu� 1�i1�, �,��qupu, �°;uu. �ti �� °, �� ulll �."V�� i�V.�°u� �:� �� "��;,�u�nuu� I��i � I�� u�u�� .Il�u�n p � °uu�_�up �u � il�u��u �"a �u� ° ' � �,�.V�u. �`�� ° uu��,,��.�..� ��°.��iuwi�rr�� uui� ��il �,uu��,u��mu��uun�,uu� � ��m��. u V �n A � �;��uV.u��dV q��,! � �u�u�umu�� Il�p ��;I��IIV��',. C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. § 80-3. Et�l�t�c�n�k�i[�tc► ��thc;r l��ar�, I��thiaa__in_tl�is_ks__-1��v_�hall_l��_�nn�tru�d_tc�_r��trict-�---�nd_r�p�}_`eal__csr_�th�-----i.�e_limit_t11�-� -p�}-lli�atr�n_Qr __�`�_- 4 ____- ___�S ____- _____ ____ ____- ____- ___- ___- _ ____- - ____- ____- ____- ____- ____- 7 �nfc�rcernent__c��_��istin x_T'��vn_of�_I.,��in vt�n__b__-1aws=_�r=_��=-_-_-=-_��w�alth__�f=��s��hu5�tts=l=aws, - � - - - - - -��Definitions. When used in this by-law,the following definitions shall apply: II��'�'� �� II�� III,III°';1��IIIII �,,, III��,�� III,,� ,� u��u ��oud�o�� ,,�� ur u��. ;".^ �� ' ,, � �., � ° .,, ;, I nd I v�� ' �� 4� ��,, V.� � V'V.., d",u VIIV�f�,;i � Ilf^ �A,�II V+��(" VN tl VQ� II"d.; , a,d' lh'71d V, �„�� F � � ,� � u��.��;,� uu� i��u�� uu��u��u° �,� aoqan��:'� n��'uV�aN:�. �° . n � a �b�,u��r� u�rnd�Il� u,B au4�� u d, �D�� ti.0 . ui� ^uuuu�.to �u� ��i�-��u4u��;uQd^ u�v �I��;7� uuud u��. wqirUV"q�b�pqqtl��VVpr° V�"d�"��m qqq Y�llu�d,q" II,��u.V�,qVni�ti�V��, q�N�"�e ��VpO� �u,Y�l�^�i°(�. ,� a. ,.. COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property��Added ll-8-2021 STM by Art. 10� CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration, Redline Draft#5 destruction or similar action for public or private rights-of-way, structures, utilities, or similar properry. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property dainage. EMERGENCY WORK Any worlc performed far the purpose of preventing ar alleviating the physical trauma or property damage threatened or caused by an emergency. ��',� ��"��°��V V'�I�'�ti,��^�;� III��Q ��u�J�� "11�«�� II��'p ��u�,JU�� ,��,"�'V'V ,.��u V �,u�/Q ��ti �u� �� ilnu�°r„°�b�u�u�uuu� uua��ii��°:Vd,� ti,V �.Il��ii,��.�r��u:Va�fl, ti � ' a� ° ,� " �A�uu°uuu�u��p�: uw��un�d uuu uVu�, �,u��u�� u�.��aailf ��.q,� � uuu u�,' r ILdr�uu�, ��rr�dd��,��.�� a�u,w�u �U ��r�°ua p.�a��uufsnN. �:,'�ti.�� u��!'� � �iinu��8��u��uu��lf uuu��.��i�� .m,w�mw�mnn� i�� ,.,u��,�p� �.� �� u�.�u ��uuii ��i ��: �� J" ' � � �,�� n� u�^, u��^,uup��q� up�ia��ull�r;.u�;�. p ^r �u u�u.�,.�,�.�u�uu�� .,��ii�u�� r �ye� u � �ui�^�u i�u�. EXCESSIVE OR UNWAR.RANTED NO1SE Any noise that � results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas-or electric-powered lawn mowers, hedge trimmers, weed �-9-� Redline Draft#5 � whackers,leaf blowers, and other equipment used in landscaping or lawn care-Ew II[Added 11-8-2021 STM by Art. 10] , , , , , , � , , , � , , , • � 5 � �,,,a,�ri,.�rr „ „� n an� ri �.a.�.,. „ . , , � « T � ��og�k1�,'—' ��,� �i_ n�,,,-„ti_ i nn�t-. i I"^�T�tl'�1��` JIIIiUI�i�'�'u, u' u.� N.....� dl�p�u Vll,µ."11�u tl° Bu,�,ti,� � I i„'„1...i�T�llp!( �u,�;uud, I„�l��,pd��muVlr(�" ��;,tly ��p u�':,u�i� Ifu�r�" lI,V�Y➢p�uti tin��,',, '��NUVtl��;. 00.��....�N^n �Hu'!, �"I��d�T��VYApp �Dp" I�1!.,�'I "- I� �' � �`' � ,� ` � � � �°^ ti Vl�ntl��'��:�V�i:�ll pp7l � �, .�l �`�,np�VV„��.�Nn� �,� uati�d�Ull�, Ilt� t�;;�qllii dd�:,,,VVr m un�7�p �VV i�� , 1 ��wp"�u:l�.�� pif,lq�,�1u �B �pll��,. w��.hqal��d' p`. f�;!fj,u,p�9d,� ;��,IIVVp��N � V1�VVi° "p.p V�"�U�w,�''PGi�",lul� I�""1�.:��t��IIIY'�%....�� Yh��,7111��ti� �0� V�,l�p �Vl�lidl�"e�d, i"'i` �Il;.dwl,p��if ��i'� (" �YV 4 ��!� �V��';�Ap"ppq'� �0,ti e�.,v... NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be e�pressed in A-weighted decibels (dBA), obtained with a Type I or ll sound level meter as specified under American National Standards Institute(ANS� standards. NO1SE POLLUTION The condition resulting when=a k��a��r��sound source � u ;�� ,�-�;�;,� �� t..,,.,v�t,v ,,,�,�,;or�n,.;r�. �;,,,.� or more dBA�� ,, ��]II°��IIw�� ,V I�,"�II��"�.��II"��a,f�IIIP ��u.�;Vll�wuun��'�R�u"�u�u��,p,,ll � ilV��w Il��ud�� umu� �nll m��u�,�°q�„ ��w�.�p,�r��°q��or,.4,.�,., r,.,,�a r,.,,,.,.v,..,:ror;.., .. ,.,.�,..,o . . . . . . . .��'��r�a, ��i�� u q.��,��r�,u� V��.�� r��'�� qu��.��',� Vrou� +��i,� ,�� q�a.��,q uuu.�a�� .� ,,�u:�:uu�� ull.�m��.��,nuu�u;��qqd.�� ,, quN.;d��,, �,R�iiaiull.r:uum�^uad;.� � > • ��:� �� 'U� II�wQ��,��ll�'�;"��^��m �,v, uVu�° uq;;°u�n��u��u�q, �rvll �ed��,��a��,u�, �;,�rr° ��n�^��Nir��.�, �u��uuiru V��nn��V V�� a��'uqqumu��. .��nVu��du`uu�� Il�re��u��p��„u�r��, Jlw�u�„��ruuu��;.,. �° �.�� , ,i ��ro�u��u�:uu��. d��,ii�� un� �� u�dd,��,��uu�,u �� ti ��,� �� 'I„�„�„�'�;�;r,,, Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art. 27J (i) Contractors are perinitted to operate tools or equipment used in construction,�� ;�o�r�uuu��, ��p;; �� , �; �'��~�'�*�� T� �-'� � �i�qau��, in a manner such that this operation creates u�n �.�, n ing, m�.��°�� u��.°�u ,��u ��,, or � ��^'. � noise across a real property boundary that � ti� �w"ti;;�� ,�Il� on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays �°�w-�;��,uuu��.N q.u�,r �.,�;u�,�� "�nu��ud�u�u°ti�%a�u��.�� :��I I��i �� Vupu��.��:;�:��.,. ��) p P a p , � � ➢ , � �; u Resi ents are ermitte to o erate too s or e ui mentuse in construction � �,w�� uo� aau,�� ;ro��u u+� �� .. drilling �+�,�� q� q�aN°,�q�a�u�"� or . . . b�q,��tl��;u,�,�;, in a manner such that this operation creates noise across a real property Uoundary that � ��"��,;;VI�on weekdays between the hours of 7:00 a.m. and 9:00 p.m.and on Saturdays, Sundays � ��°��°�;,. an ega oi ays n'�;;;� f�;�u�u��r,�i� �e�4� � ' ,u�+,�u��ddr�� between the hours of 9:00 .� u�� _,��uu�ua�uuu�,��°� ��n �,�� u��,'��. a.m. and 5:00 p.m. (iii) � ' � ��uu�uu�,��,��u^, u�u�ad u��ua;;V�,uud�� -��ir, p��,rruir��°��,to �'�a ��^„a �ar*,-;^*,^��,��:��,ud;-all��, blasting andthe use of powered equipment used in�u�+b�°V�;,breaking ��-��'� ry�a ��,�,��a�+, including but not limited to hydraulic or pneumatic hammers, - on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays Redline Draft#5 � ` w p �;� �w��u�u�,i,�� V�4d^��.VVV�d�"�.:... �il II Viij....'�,iluVl�lYll�ll;'b�`qVp�w��l�r�,,u,n 4." �,�I� '�. r�l'w".",q09 dw�,lf.'�..:r.. �..,d�qq�,��NYw�,�m��m.......a�Vp� p'u^��iw�� V� .......i'��w, V"dw,d�,Q��q"d �' �.. l��ll tlqdJ�V�d�,.�VII�II�;��IC,�u:DqV ��q�"11�, q9��",�lli,I�qqVV`Nllllna",qp��, ��p ��wdwd,��d.tlqll ��V I�u, n,� �u, � � �. �,II�. V ��°,�"�V Q II��u�V ro��`; u� � ��u+�� ° � � � � ,� �d �u��qu��U��, ��_� uuu a a� � ' 7 I ➢ I tl tl 4 '7"° � _'�'� � Y^ n� �,Q _m � u, p� � �uVq71VIIII�Q'�V�p`�ud�,l� G u II �da IIII�V I�b�lJq�ud. I. � uk"l ,�' s. IY � ' �,.n�w � I�, .YV�� :'Udti�� Y�v� ` . � � � � �� I��;.f,�,,��u��,��u.� � uu� � ° �w,rn�ltl�n��urtinuu° � � dl��i.�� ti9 �d,��I�� qd",�� ° �up tl � Vq� u�� r��!� � I��';�� u'r r�:u ; V��a�'ti,t ��uu��.buu;�'�V. II��,� _. p ' �"^,' V�u+�.� �red�uu�wu��;uu� �^ III ��.�.. � ��:�ror��° III`��,,;�,r �� , ° u r ,�. Quu�u��u�,�� u �� ;.,;�;��I��,u � „ �u�u II I��;/� ua f.��h��,�� ,�,w. _ '��;il��u�7�uu��,� l��,n�r W,�II��,u° l u;;p�uli� Il�la,� ��V��,�;;�<@ III"V��u�l<tim�u��, u�� l�u,�� V�u,uu��uumu��ti� ��u,;,� _. �;,,`. Coinmercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m. is prohibited. � ��,�,�,�'�. Commercial deliveries ar pickups. Deliveries or pickups for commercial or business purposes between ll:00 p.m. and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. � Redline Draft#5 III�;„ Electronic devices and musical instruments. No person owning, leasing or cont�olling the operation of any electronic device or musical instrument shall willfully or negligently cause ar permit excessive or unwarranted noise. II�°. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as, but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and siinilar fixed plant equipment is prohibited. m "u. Motor vehicle alarms.No person owning,leasing,renting or otherwise in control of a motar vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes. A police officer observing any horn, alarm or other signaling device that fails to comply with this section will direct an owner, operator, renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator,renter or person in control of the vehicle (or if that person refuses to comply), the officer may enter the vehicle to shut off ar otherwise disconnect the power source. If unsuccessful, an authorized towing agency inay be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. II�,. Stationary engine run-up.Perinitting, allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. III �u+� �.,�g.,u� I��d�u ��w� [Amended ll-8-2021 STM by Art. 10] �. � (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 6:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m.to 8:00 p.m. (b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (4) Landscape construction work shall be governed by § 80-4�;�r�,rather than this § 80-4�,'^��. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leafblowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. �� Redline Draft#5 I (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection�,� (6) and(7). ��'°�.,. IC ��d�iiuu�ti,�,.,ti �� .��,��,��;�uu�.�d ��V.��,r�u�,��n�u � �`.�.". �Vu�°d�iiu��,�u �. ��p;�. 9 � u u.ti ,. § 80- �'�„• Exemptions. A. The provisions of this by-law shall not apply to sounds einitted during or associated with: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical device, apparatus, vehicle, or equipment used in connection with an emergency; (6) Snow removal activity; and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. § 80-��„•Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is��4-1�,�u V u�tl� ��,V r� a given noise source will be made in accordance with the definition of"noise level" in § 80��. B. To determine if there is a noise violation on private property, the noise measurements shall be made at the I boundary ofthe ,�I��iuil�u��property��:'�,��un,,which the offending sound source is located. To determine ifthere is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. . , � � _ . .. � . . .. . . . ._ .. .. 9 . .. � g .. .. .. � Fsy.M1 'e ,... � , � Gk . .. . .. _ ... . g . . . .. ... .. ... . S .. .. ... .. ... .. .. . . _ .. . . . ..9 _ . .. .. . . . ..9 .. . .. .... .. .. .. . . . ..o ... . .. . .. a .. .. . ... . .. .,.. .. � __9 i _ �+�r9n�r �,_. ,t��a,L11_ rs=.. ...-" r�s+-e-a-i.,.a § 80-5. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.3� „m;'H��°� f�- A noise mitigation plan I�rou��.l��u��u� nV II��u� u��u��;;r uirn�du��u��u+.�u� ��b��Vu�uu�u�,shall be requiredpriorto the issuance of a buildin ermit for constructi g p on proj ects Redline Draft#5 r. . . �4 , . Redline Draft#5 (i) in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery, including ledge removal, rock pounding, rock crushing, ��ro�,��-�-or rock cutting(collectively defined as "ledge work"); and (b) Ledge work activities are anticipated to take place on more than seven days over the course of the project., �unn,��, �t".�. '�uum�, �uir�.��u, ��sr u��u� i� u� �p,u�,�„�O�r ��u;u� u�u�umuu�� .�� . u��'� q�uu�� .�;":i� ��u��i� pµ��a��u � ��; �°��°u�u�u�� udnuu.��d � u� lll��ou a ��;�i�,. �w��rri�;uuuuu__�u�nuu�,u s�u��i�� rr°�°.��A�;��°,�� uur�u��u�uu��u ��u�;nu��up��ui�:. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close aspracticabletothesourceofthenoise. �III'Vur�u�;u�nu�,� u�ri,uuu��U�u�;�uu��.�V �uuuu�� u� ��;�n¢uu��,u�� Vu�.d�u��,��°u��ua,.nu�u��d �Iln��u�uV�Vu�� " �� h�� ua��u �µ u.�r�r�u�uu��iruu� � �u�d� u�°��du�duuu �au .�u�n�uu��; ��'r�rruuuu� �� , � � r�� yd ��u�wu�r,uu These barriers must ��p,�unun�u_�,u,�.nuu�^u u:' �!' tll�� "u, reduce construction noise to prevent noise injury to Town residents. The objective of this bylaw is to keep ma�num noise eve s un er SS B( ) att eproperty me. III� uur� " �u �u� �unu;„s�uu illl��° �., '�� c� ��n��,�u,�u��*a� ��r °� �.� il,��fi�� , ��.�.,.�V,:u�-��,.�i��ra:� �,��iu�u�.� ��r�� u;�n�;�.�;a° ��uuu��.,.��.,�.�uu.,�u°�ia�°du��uu ��,��u�,d., ��,��u°u��^�� ,��w��a° Vu�nud;.°� �qu� III�. �d��.� ��n�,�.r��u°�°:;uun�uu� �,,��i.�� d.��. il° ��u �.n��.�� u�.,�reu�,�.��.�uuil Hil':u�� uum�,�� II��.��ud��U tl�.w �.��u�n��° �:,Vu�. ��u�.�,� �� r�.u��,�� ;,iiu.�,d,-au��°d.0 �n��u�,�.� �r.°��.uV V �uu�� :��q,��u�u uun�i:��,tl, u� � ,�,, � , ..� � ,r � IF��e'kV uu';ul."qB.uY.Uu�V.��''. u�.eV.,l�; p�ql�ll�tlu(.du�;u��., �dn�",�3u �",q�.�.m�pp,uu�� u��:;� ��➢�;�,��° ��. � i�n�,��.�o��, u;u uuu�.��;p�u^rd.�V��,��.0 uuu �a.�.�.�� u��,�ui. � �u�nu � r�uu�u � �r� Vud.�� DuuVV��u�� .bu��.�a°�� ,��.uu�u�v .��+wu�VV�w°�.��;u��r��Vw�,� �;�� I(�u�u�,�D� �a�� q�.��.° ��,;,��u�u"�� II°��u�.�u�uu�<<��u�� .11,��;�°�� u,n,�uu�.,��, �,�r�uA.uq�� ,�� ' � � II � u�ouo��u ��u��., q u�°�� I � � w" �� ' ��n ro � � �°��.�u� �.m �., � uo�� .^� �II �� III nVu�.:, u.�rwu..� . � F�^;� .�pi�i� �.^ � q;.� uuu �� ,� ' "�� "��.�Ea„�� u ,� � tlq� "� E�`'1��qV µ m �A.°q"Vlln„� a",� � V. . .� � rpPV�� . �� " � �Qw: , � � � 7 �6w" �u Vn'_°� Vi.n��^�� Ilqu.u�ll, i�Y� tl�iw"��°.r �� "V S�,q��.w. V�� PV�` ai��d �w rp (,�� II �. �.�P w�;x, " � �!. �q V��, .�� iw �d��,�PV� 1lq q� � � �w i u�"° -� � �i',�1�+�;;,uw,P� u> �"�� . . 7V11�'," �."��a�u ,:,q��pVq V�;�.y�.0 �m�V�:;l��r u�ll�" �uw� ��Iluu'��u rw�' pd��,�° ��° ��aw^ maw",��pd.u��^rN ;�ron�r� IIUp�; U��,"�d�+tiauu„ r�V: �w,r��^�u �;mm�1��.VaV�,��wl�.� q��."up�,V .. ��°u��'� � r" 9 q � " ' " , �e� u��,u�q.��;�"�`��u�u�uu��u�u�. �u~u� u�.�, u°°��uu��a° �.�I[.�uur,o✓a°up�nu°u'utl, (iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply,and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin ar continue until a noise mitigation plan is submitted and accepted in accordance with§ 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise uirn��u��,�°uur,�uu plan, whether by using inadequate barriers, poor barrier installation, poor maintenance, failure to move them to a new work area on site, or any other problem,then work must cease until the issue is corrected��' ^ ��^'*�,^��r' ��-�'�.�,�^�� ;�s��in accordance with provisions of§ 80� �^�-� ��r *"^*'��°��^�-'�*^^'��°'^^�.�,�*�^„+h�°'ry�^ " n+, ,-,a�� ,.tti ,c�.,,,�4o,a �.i� � ��. � . § 80-9. Special permits. [Amended 3-31-2004 ATM by Art. 39] A. The Select Board, or its designees, may issue a special permit for any activity otherwise forbidden by the provisions of this by-law.A person seeking such a permit shall mal�e a written application to the Select Board, or designee, on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27- 2019 ATM by Art.34� (1) Whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Whether the proposed additional noise will have an excessive impact on neighboring citizens. B. The Select Board, or its designees, may issue additional guidelines detining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art. 34] C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: Redline Draft#5 (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special pernlit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such o r.o.� Redline Draft#5 hearing, and by delivering or mailing a notice thereof to the applicant, the Board of Health, the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art.34J § 80-10.�� ° �� , 9 .. . ..9 . .. .. . .. .. .. ... ..._ .. _ . , . ... ... ... . .. .. .. . . t . . � . . .. .� .9 . _ . .t ...... .. .. . .. . , .Rules and regulations. [Amended 3-27-2019 ATM by Art.34] The Select Board, or its designees, may promulgate, after public notice and hearing,rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. .i�'I��....��I!��.��'..��.�..�.a Enf°ar�err��nt �nci��r��lti�s, �. S-f��-''III"V�� V�'��Vu� �� Etealtl� �r In��t1�na1 Servi�e� T7��arhn�llt5, csr ai1� d��;i�ne� fh�recsf, 51��1:1 1��ve ��r_tn_�r�t�rc�_thi�_l��r,-1��,= II�. l�n�-��;r��n wh��vi�lat�°� �tr�y�rc��ri�i��n c�f thi�b�la�3�r�hc� i�th4 c��rn�r c�f�rc��rt��r��vhr�h.��a�h �vrc�latrc�n c�c,�ursg shail bc,=finc,cl an � c�urit nc�t tcs c;xc;c;c�a �S()_�€,r first�ic�l�tic�ng �l f}0 for th�; �€°c�ria �r�l�tr�n?�nc��20(�_fc�r th�th�rc�an�€�a�h s��c��c,r�t�i�latr�n hrr��4_��u��__h�r�un��r�hall l��r_�� 1n ac c°c�rcian�°e �vrth C,ha�tc,r l g-�„ l-6 �f thc; Cic,n�,ral_f3�l��s I h€, i �Sc��itic�n c�f� �c�alty fc�r an;Y vic�l�tic>n�IzLtll nc�t�xcus�th�vrc�lati«n c�r j�ermit it tc�cc,ntinu� Lach da�th�t�uc,h vrc�latresn c,c�r�tinu�s shall be cc��sidered a ser�arate �ffe�se. fA �;nd�d 11��2021 S k�v Art, ��Ili�. .�....�"�.�:�'..�.�.,�....4�v�r�Y►ilit�. If�r��s�,�:tic�ng p��-��;ra�h�t par�t csf thrs_b�-1��rs f�i_�tay i c,�sc�n ��;clarc;d rriv�l:rc�_c�r uta�c�nstrtutrc�rr�l by - �rr�_�c�urt,c,vc�-y�th�� s��trc�rsg_��ra�;r�ph �ncf__��rt shall c�ritir�u�,yra__f�ll f�rcc., Clean Draft#5 Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Le�rington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms—See Ch.5. Animals—See Ch.9. § 80-1. Findings. The Town of Lexington finds that excessive or unwarranted noise j eopardizes the health,safety,and welfare and degrades the quality of life of its citizens. § 80-2. Purpose and applicability. A. The purpose of this by-law is to protect the citizens of LeXington fiom excessive or unwarranted noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations, including but not limited to the Massachusetts Clean Air Act, MGL Chapter 111, Sections 142A-M and the Massachusetts Department of Environmental Protection Air Pollution Control Regulations 310 CMR 7.00. C. Noise-related provisions of Chapter 9, Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their prograins in such a manner as to comply with this by-law. E. Provisions in this by-1aw sha11 not apply to any activity to the extent regulation thereof has been preeinpted by state or federal law. § 80-3.Relationship to other laws. Nothing in this by-law sha11 be construed to restrict, amend,repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. § 80-4. Definitions. When used in this by-law, the following definitions shall apply: BLAST HOLE DRILLING I� a technique whereby a hole is drilled into the surface of the rock,packed with explosive inaterial and detonated. ']f"1�� m�>�'ti��s��;l��au:��;n��c��rr��fl�c� c��cJks arrn�1��ar�r��,��r��r�y �mf'th� su��ca�urna�Il��r�;I�., ��cr��:rer��ve �a�a;I��.p�d��;a��;. Clean Draft#5 COMMERCIAL LANDSCAPER A person ar entity that receives compensation to utilize landscape maintenance equipment on another's property. [Added 11-8-2021 STM by Art. 10] CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair,alteration, destruction or similar action for public or private rights-of-way, structures, utilities, or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any worlc performed for the purpose of preventing or alleviating the physical trauma or property damage threatened ar caused by an emergency. EQUIVALENT CONTINUOUS SOLJND PRESSURE LEVEL, or Leq/LAeq, is the constant noise level that would result in the same total sound energy being produced over a given period.LAeq is a fundamental measurement parameter designed to represent a varying sound source over a given time as a single number. EXCESSNE OR UNWARRANTED NOISE Any noise that results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers,hedge trimmers, weed whackers, leaf blowers, and other equipment used in landscaping or lawn care. [Added 11-8-2021 STM by Art. 10] NOISE INJURY is a condition caused by one-time exposure to an intense impulse sound, such as an explosion or by continuous exposure to loud sounds over an extended period of time. Sound is measured in decibel units. Long ar repeated exposure to sounds at ar above 85 decibels can cause hearing loss. NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A- weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute (ANS� standards. NOISE POLLUTION The condition resulting when a sound source exceeds 85 or more dBA. PERCUSSNE BREAKING (Hammering) Is the breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipinent. ROCK BREAKING Is the removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing,processing or splitting. § 80-5.Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5 and 80-8 of this by-law. In addirion, the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art. 27] (i) Contractors are permitted to operate tools or equipment used in construction, excluding blast hole drilling,rock breal�ing,ar blasting,in a manner such that this operation creates noise across a real property boundary that exceeds 85 db on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays recognized by the Commonwealth of Massachusetts. Clean Draft#5 (ii) Residents are permitted to operate tools or equipment used in construction, excluding blast hole drilling, rock breal�ing or blasting, in a manner such that this operation creates noise across a real property boundary that exceeds 85 db on weekdays between the hours of 7:00 a.m.and 9:00 p.in. and on Saturdays, Sundays and legal holidays recognized by the Commonwealth of Massachusetts between the hours of 9:00 a.m. and 5:00 p.m. (iii) Contractors and residents are permitted to undertake blasting and the use of powered equipment used in rock breaking, including but not limited to hydraulic or pneumatic hammers, on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays recognized by the Commonwealth of Massachusetts. Contractors and residents are required to comply with noise mitigation measures requirements in Section 80-8. B. Legal Holidays recognized by the Commonwealth. The following legal holidays recognized by the Commonwealth of Massachusetts shall be applicable for the purposes of this bylaw: New Year's Day Memorial Day Independence Day Labor Day Columbus Day(after 12:00 PM allowed) Veteran's Day(after 1:00 PM allowed) Thanksgiving Day Christmas Day C. Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m. is prohibited. D. Commercial deliveries or pickups. Deliveries or pickups far commercial or business purposes between ll:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. E. Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any electronic device or inusical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. F. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not liinited to, air conditioners, pumps, fans, furnaces, compressars, engines, ventilation equipment and similar fixed plant equipment is prohibited. G. Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner, operator,renter or person in control of the vehicle to silence the motor vehicle alann. If, after malcing a reasonable attempt to contact the vehicle owner,operator,renter or person in control of the vehicle(or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove the motar vehicle to an approved starage area. Clean Draft#5 The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. H. Stationary engine run-up. Perinitting, allowing or causing generation of excessive or unwarranted noise at any point of public or coinmon pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. I. Landscape Noise [Ainended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 6:00 p.m. (b) Saturdays: 9:00 a.m.to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town properry shall be limited to the following hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (4) Landscape construction work shall be governed by § 80-SA,rather than this § 80-SH. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and Septeinber 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. (8) The use of wheeled leaf blowers powered by four-strolce engines on properties larger than one acre is not subject to the prohibitions in Subsection I(6) and(7). (9) Golf courses shall be exempt Subsection I(5)through(7). § 80-6. Exemptions. A. The provisions of this by-law shall iiot apply to sounds emitted during or associated with: (1) Police, fire, and civil and national defense activities, or iii training exercises related to einergency activities; Clean Draft#5 (2) Parades,public gatherings, or sporting events, for which pennits have been issued or which are supervised by the School Department or the Parlcs and Recreation Department; (3) Noncommercial public speaking and public asseinbly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical device, apparatus,vehicle, or equipment used in connection with an emergency; (6) Snow removal activity; and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exeinptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. § 80-7.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is related to a given noise source will be made in accordance with the definition of"noise level" in § 80-4. B. To determine if there is a noise violation on private properry, the noise measurements shall be made at the boundary of the abutting properry from which the offending sound source is located. To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. § 80-5. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.3'] (i) A noise mitigation plan prepared by a noise mitigation consultant shall be requu ed prior to the issuance of a building permit for construction projects in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery, including ledge removal, rock pounding,rock crushing, or rock cutting(collectively defined as "ledge work"); and (b) Ledge work activities are anticipated to take place on inore than seven days over the course of the project; and (c) Any project, based on the specific conditions of the project and upon a determination of the Building Commissioner shall require a noise mitigation plan. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. The noise mitigation plan may require, at the discretion of the Building Commissioner, regular noise monitoring and reporting to the Building Commissioner. These barriers must reduce construction noise to prevent noise injuty to Town residents.The objective ofthis bylaw is to keep maximum noise levels under 85 dB(A)atthe property line. This is taken to mean the LAeq as measured by a calibrated sound level meter. Since construction noise varies over time,the LAeq measurement should be taken over a representative time Clean Draft#5 period, to capture the loudest typically sustained noise leveL This plan must address all noise- producing activities involved in rock removal, including rock pounding, rock crushing, blast hole drilling or rock cutting (collectively defined as "ledge worlc"). Pneuinatic jack-hanuners would be included. Blast hole drilling and blasting,as permitted through the Fire Department is excluded. The Plan shall include a site plan showing the site boundaries and the locations of nearby residents on all sides. The site plan shall also show the location of ledge to be removed and the locations of each proposed noise-producing equipment and its range of movement. (iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise mitigation plan, whether by using inadequate barriers,poor barrier installation, poor maintenance, failure to move them to a new work area on site,or any other problem,then work must cease until the issue is corrected in accordance with provisions of§ 80-8. § 80-9. Special permits. [Amended 3-31-2004 ATM by Art.39] A. The Select Board,or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law. A person seeking such a permit shall make a written application to the Select Board,or designee, on the appropriate form,which shall be available at the off'ice of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27-2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive fmancial hardship; and (2) Whether the proposed additional noise will have an excessive impact on neighboring citizens. B. The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art. 34] C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board, at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing, and by delivering or mailing a notice thereof to the applicant,the Board of Health, the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art.34] Clean Draft#5 § 80-10.Rules and regulations. [Amended 3-27-2019 ATM by Art. 34] The Select Board, or its designees,may promulgate, after public notice and hearing,rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. § 80-11.Enforcement and penalties. A. The Police, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw,ar who is the owner of property on which such violation occurs, shall be fined an amount not to exceed$50 per first violation, $100 for the second violation,and$200 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each day that such violation continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art. 10] § 80-12. Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part shall continue in full force. Origninal Bylaw Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Le�rington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms—See Ch.5. Animals—See Ch.9. § 80-1. Findings. The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens. § 80-2. Purpose and applicability. A. The purpose of this by-law is to protect the citizens of Lexington from excessive or unwarranted noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to talce necessary precautions cause, suffer, allow, or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations. C. Noise-related provisions of Chapter 9, Animals, may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. § 80-3. Definitions. When used in this by-law, the following definitions shall apply: BROADBAND NOISE Any sound that contains a broad range of tonal sounds. COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property.[Added 11-8-2021 STM by Art. 10] CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration, destruction or similar action for public or private rights-of-way, structures,utilities, or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. EXCESSIVE OR UNWARR.ANTED NOISE Any noise that disturbs a reasonably prudent person or results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers, hedge trimmers, weed 80:1 Original Bylaw whackers, leaf blowers, and other equipment used in landscaping or lawn care.[Added 11-8-2021 STM by Art. 10] MOTOR VEHICLE Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, trucic-trailers, semitrailers, campers, tractors, go-carts, snowmobiles, all-terrain vehicles, motorized scooters,racing vehicles, or motorcycles. NOISE INJURY The condition resulting from any sound that: A. Could cause, or allow to cause injury to the health of humans; B. Endangers or injures personal or real property; or C. Exceeds the applicable maximum permissible noise levels, Air Force Standard AFOSHSTD 48-19, "Hazardous Noise Program," dated 31 March 1994. NOISE LEVEL Measured property of sound,which for the putpose of this by-law,will be expressed in A-weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI) standards. NOISE POLLUTION The condition resulting when: a broadband sound source raises the noise level by 10 or more dBA above the ambient noise; or a tonal sound source raises its octave band noise level by three decibels or more above the adjacent octave band levels. These threshold levels are identical to those in the Massachusetts Division of Air Quality Control(DAQC)Policy 90-001 (2001). TONAL SOLTND Any sound that has the characteristics of a pure tone,whine,hum or buzz. § 80-4. Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5 and 80-8 of this by-1aw. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATNI by Art. 27] (i) Contractors are permitted to operate tools or equipment used in construction, including deilling or demolition work, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays. (ii) Residents are permitted to operate tools or equipment used in construction, including drilling or demolition wark on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.in. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m. (iii) In addition to the above restrictions,blasting and the use of powered equipment used in the brealung of rock and pavement, including but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. B. Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hotus of 11:00 p.m. and 6:00 a.m. is prohibited. C. Commercial deliveries or picicups. Deliveries or pickups for commercial or business purposes between ll:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. 80:2 Original Bylaw D. Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. E. Fixed plant equipment. Excessive ar unwarranted noise caused by fixed plant equipment such as, but not limited to, air condirioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar fixed plant equipment is prohibited. F. Motor vehicle alarms.No person owning,leasing,renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes. A police officer observing any horn, alarm or other signaling device that fails to comply with this section will direct an owner, operator, renter or person in control of the vehicle to silence the motor vehicle alann. If, after making a reasonable attempt to contact the vehicle owner, operator,renter or person in control of the vehicle (or if that person refuses to comply), the officer may enter the vehicle to shut off ar otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. G. Stationary engine run-up. Permitting,allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of tune in excess of five minutes is prohibited. H. [Amended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be liinited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 6:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m. (3)The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays: 9:00 a.m.to 5:00 p.m. (4) Landscape construction work shall be governed by§ 80-4A,rather than this § 80-4H. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leafblowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. 80:3 Original Bylaw (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection H(6) and(7). § 80-5. Exemptions. A. The provisions of this by-law shall not apply to sounds einitted during or associated with: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncoinmercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical device, apparatus, vehicle, or equipment used in connection with an emergency; (6) Snow removal activity; and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. § 80-6.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is caused by a given noise source will be made in accordance with the definition of"noise level" in § 80-3. B. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the property in which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. § 80-7. Enforcement and penalties. A. The Police, Fire, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw,or who is the owner of property on which such violation occurs, shall be fined an amount not to exceed$50 per first violation, $100 for the second violation, and$200 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such violation continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art. 101 § 80-8.Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.311 (i) A noise mitigation plan shall be required prior to the issuance of a building permit for construction projects 1. Editor's Note:This article also renumbered former§§80-8 through 80-ll as§§80-9 through 80-12,respecfively. 80:4 Original Bylaw in or adjacent to residentially zoned areas where: (a) The project entails rocic removal with heavy machinery, including ledge removal, rock pounding, rocic crushing,rock drilling or rock cutting(collectively defined as "ledge work"); and (b) Ledge work activities are anticipated to take place on more than seven days over the course of the proj ect. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. These barriers must reduce construction noise to prevent noise injury to Town residents.The objective of this bylaw is to keep maximum noise levels under 85 dB(A)at the property line. (iii) In the event that a building permit is issued under the assumption that none of the§ 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge wark shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does iiot submit or follow a specified noise plan, whether by using inadequate barriers,poor barrier installation, poor maintenance, failure to move them to a new work area on site, or any other problem,then work must cease until the issue is corrected and a penalty of$50 per day may be assessed in accordance with provisions of § 80-7 for any days that ledge worlc took place without a plan, or not in accordance with a submitted p1an. (v) In addition to the general enforcement provisions of Chapter 80,the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. § 80-9. Special permits. [Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees, may issue a special permit for any activity otherwise forbidden by the provisions of this by-law. A person seeking such a pennit shall malce a written application to the Select Board, or designee, on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27- 2019 ATM by Art. 34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Whether the proposed additional noise will have an excessive impact on neighboring citizens. B. The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued. Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance wi11 cause an applicant excessive financial hardship; and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the fiist publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such 80:5 Original Bylaw hearing, and by delivering or mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art.34] § 80-10. Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional Uy any court, every other section,paragraph and part shall continue in full force. § 80-11. Relationship to other laws. Nothing in this by-law shall be construed to restrict, amend,repeal, or otherwise limit the application ar enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. § SO-12.Rules and regulations. [Amended 3-27-2019 ATM by Art.34] The Select Board, or its designees, may promulgate, after public notice and hearing,rules and regulations to effectuate the puiposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. 80:6 II�fIFII� I�V�II�IF IPIf�4�IP��IFII� Il�llll�ll�"IC"IF,� Il��:s�irii��iiair� II��"I�IF ' ' Followup ta 6/5 meeting: This is to amend the Ap�rc�ve 12e�id�ntial ��lici 1�/aste Solid V1/aste Regulations to �Ilow the Select � I�ti�n A � � t �oard fo set a fee for curbside pickup af bulky items and white good� and to adopt fees 10�Ju1�23 0 starting or� July 1, 2Q23, A��r�v��I��t ��rd C�rnrnitt�� List of committee liaisan assignment changes Li�i��n A��i�r�rrr�r�t� 10�Ju1�23 0 ;�►��rc�v��I��t �e��rcl IVl��tirrg ,6/5/2023 Select �oard; 6/12/2023 Select �oard; Ir� t�� 10�Ju1�23 d ,�/12/2023 Joint 5 /SC; 6/21/2023 S�I�ct aard Housing P�rtnership �aard (cammunity . ;Ag��r�v�S�I��t ��arc! C�rnrnitte� members x2}�m to fallaw up vdith Jeri F, after poi t � ts 6/29 meeting; appoint Jill Hai to Vision Far L�xingto�r �ommittee as >� IVlember; 10�Ju1�23 0 appointment for HDC full member seaf x1 cce t �I��t ��r o itt�e Anwell Ts�i resigning fram the Lexington R��Igr�atl�r� 10�Ju1�23 a Council for the Arts effective immediately Adv�rstised in the 6/29 and 7/6 inuteman IV�i�e �yla��nr a��i�l Perrr�it newspapers, abutter na�ice�o mail,Amy ��ri � ��r i ��I�� nt �o�tar�tino, Wright Pierce Engineer and r�j�� II tr��t St�pehn ildreth, Tavvn of�urlington Engirr�er will be present�t meeting tca an�wer any 10�Ju1�23 10 questi�ns, Liqu�r Li��n��A��nclm�nt� R�r�u�st for Pl��ig� �f Li��n��, nof a hearing, does nof require advertis�m��t � � �f an� �r� � aa � �f (�drninisterial �mendment} ' f i�e�� I�ft 10�Ju1�23 5 Liquor Li�ense A��nd��nt� R�que�t f�r�I�tig� �f Lic�n�e, nat a hearing, does nat require advertisement �h�r�ge �f IVlan�g�r anc! Ch�nge �f (admirristerial amendment} �ffi�er� EI� ent 10�Ju1�23 5 ;Followup to 6/5 meeting: Elizabeth Mancini, Procurement Director has requested to have the De�ign�r Sel��tion Poli�y R�qu��t Board approve a policy that is required under ,f�r Ap�r�val ;Ch. 30B. The policy recommended is based on ;the model policyfrom the IGs Office and 10�Ju1�23 10 reflects the Town's current/past practices. Hemali will give the board an overview about lJ�d�t�frc�rrti Chi�f Equity�ffi��r� what she has been working on in the first 6 � �li �h�h months, an update on our demographic survey as well as update on the equity audit(bid will be 10-Ju1-23 15 awareded by then) Update on Solar Canopy for Police Station Project 10-Ju1-23 10 ��9aing updafe 40 �oard Placeholder: Fiscal Year 2023 Year- End Transfers 10�Ju1�23 15 ;The Town has been discussing holding a Discussi�n �n th� �lannir�g planning charette for Lexington Center and we �har�tt�for th� C�nt�r want to have a discussion among the Board on how to move forward and whether there is 10-Ju1-23 10 support to use ARPA funds for this effort. G�u�rt�rly ARPA R�vievv�nd This will be the quarterly ARPA request review �►ppr�v�l 10-Ju1-23 2Q for the Select Board's consideration. Di��u�� I��t ��d R�p�rt f�r �oard fo revievv topics for indusion in the �elect �oard Repart far the FY2023 Annu�l Town Y2 23 u I o n ��0 10-Ju1-23 10 �eport and �ssign scribes 75 Foffler Ave does nat have a drivevuuay and fhe resident has parked on Yhe sfreet since fh� house uvas built, Yhe praperfy ouvner is building ,an �dditior� �nd the ZBA special permit r�quires ;A��r�v�T�rr��rary On�Street ,a p�rmanenf abili4y ta p�rk an the streeet, C��W �r in � 75 �ttl�r v�n � ;and Police have voiced �on�ern aver this condi�iorr and staff have worked vvith the property owner ta add a driveway, but ot issue a permit there at least needs fa be a Y�mp�rary 10�Ju1�23 10 ;�bili�yto p�rk an�street, Proponer�ts wauld need ta order the granite for ��vi��sr �nd��v� Pr��so��d ;fhe ground maunt of the monum�nt by 7/11 due Engr�ving f�r G�-�ur�d�IVl�unt�cl fo the 10�12 uveek lead time (need to install Gr�nit��uctu��f�r L�xS��Fi�r befor�the ground freezes}�� need wording and � �nt dr�wings far gr�nite structure/written r�quest 10�Ju1�23 10 from Jessie (af June 12 Exec Sessian S�voted ta approve !/�t� P�i� P�r�rrt�l L��v� touvn�wide poliey relaYed fo parenfal leave, and discussed putting this on a Jtaly�B M��tir�g to 10�Ju1�23 5 approve in capen sessi�n} ��i t � t�f I��ti� , ic�r� ., for 2024�2024 24�Ju1�23 0 �nnual appts Rleeds to be advertised� Hearing � Inn at ;Has�ings submitted an alterafion af premise �I��h�l��r� Liqu�r Lic�n�e ,applicaitor� for their liquor license ta formalize Arn�nclrr��nt�Al��ra�ion of ;�he ou�door area to include the rrew patio area �r�rrtiise�u��t� liquor lic�nse ;they built, Their liquar license is currerrtly �� iti�n� r� �r in e ut ��r cavered at the present by the state extension for ;tiining Inr� a�t Fi�stir�g� outdaar dining areas ta serve alcholal in this ar�a alor�g with their loc�l applicatir�n far outdoor 24�Ju1�23 15 dining under�he Tawn Nlanager, 1/18/22 Request submifted � Engineering requested mare detail, �nr�iting for new plar� �I��h�lc��r Gr�nt�f Lo��ti�n � submi�sior�, Applicant is suppos�d to ga fr�rrt �riz� � t� � �a �f�� ati� C� i��i� � d�t� �� ul� far 7/1 /23 it a oti�� f i t�nt �s th� �ar��s�ci w�rk takes plac�uvithin 24�Ju1�23 10 �r�tect�d r�s� rc� �re��4 Recently the Tawn vvas ask�d ta recansider� Discuss R�sident C�rre�t�ry F��s ncan�resid�nt fee for a former lang�time resident, Jill Hai suggested the �aard shauld establish a 24�Ju1�23 10 g�n�ral palicy, H�n��c�m Fi�lci �iscus�i�n Discussion on the expansion plans at Hanscom 24-Ju1-23 30 AirField. ' Th�Trar�spartafian fVianager ar�d Er�gin�ering �iscus�i�n �n $275�000 Earm�rk Department have submitted proposals for the ,f�r Transp��tati�n Irr��ov�rn�nts ,$275,000 earmark the Tovun received from the 24�J�a1�23 ,a Legislature far Transportation Impravements I�eappointment vvas pulled from 6/21 ager�da for PLACEHOLDER� �i��u��ion carr a future meeting date, Need discussion or� how r�c��s f�r in t� an � �ol ta rnr�ve fo �rd vvith appaintment or � itt�e oi t e t`?°? reappointment af inuteman School Cammittee � Lexington Rep, positian (current term expires 24�Ju1�23 20 ;��3d�Judy to �erve un�il successor defermined) F�I��halder m �iscuss prop�s�d upd�tes t�Sel�ct �oaerd Pr�c�duresg �ougllVlark�ca presenY propased updates P"�lici�s�nd R��ul�ti�ns Ma�u�l 24�Ju1�23 15 • • � ,�` � s � ��1�� ,� �� .. � , �.s�� p �� ,N�n��Vi�� '°��1ii91�u�r�C,�uAi�Ili��' une 2023 Town of Lexington, MA � �� f u��u�; ,��,, �m��ai�.µi� ��I , � � ''UJ ic:��C>��m: �, �wro-wu�m-fl-io�M�:� Construction Progress Update ork � I�t� Jun� 2 23e *Vanaria finished Mass Ave. road excavation for main water feed. Had to bring in a water vacuum truck for uncharted underground utilities. Eversource was onsite to observe and document utilities. *Pioneer was continuing installation of exterior steel studs and framing window and door openings with pine. *Grasseschi was finishing underground drains and copper water feed lines. *Griffin finished underground conduit installation, and installed 2nd floor conduit. *1 st—floor utilities where backfilled with structural material and compacted. *Fanagh completed a compaction test for SOG to prep for concrete pour. *Lazaro poured concrete on North SOG and sloped to accommodate floor drains. Samples taken by Fanagh. Approx 188 yds. Of concrete. *Pioneer started interior steel wall studs on 1 st and 2nd floor. *Griffin continued running conduit in CMU walls and around doors. *Lighthouse continued laying concrete blocks for cells, storage room, armory room, interview room, processing room and booking room. Started laying blocks around exterior garage doors. "CAM HVAC was doing layout on roof and 2nd floor. "ARMANI Restoration was working on waterproofing roof walls and sealing exterior DensGlass wall board. "Pioneer started installing exterior DensGlass wall board on North, West, South and East walls. "Vanaria excavated and installed the infiltration system on the East side near the Cary building. '`CAM was installing interior hangers for HVAC ductwork and pipe hangers. *Capeway is working on the flat roof area installing insulation, plywood and additional waterproofing to seal surface. *Vanaria started running drains from�the infiltration system on the Northeast side. *All inspections and tests were completed by the Building Dept, Electrical Insp., Plumbing Insp. Fanagh and F&O as required. r � I J I � *Finish installing flat roof underlayment and sealing. *Finish interior and exterior framing. *Finish exterior wallboard. *Continue interior and exterior CMU walls. *Continue with rough in for Plumbing and Electrical. *Sprinkler rough in on 1=°and 2°°floor. *Street work-Sewer. *Site Utilities *Continue with Mock-UP. *Continue hanging ductwork and piping. *Additional roof work To view the live progress of the site, please use the links below to access the web-cams: Camera #1 : Ih��:�.1��.;://...........................:._��i��ir��.y�.��i��.._��.ir�C�p�l�ll_ii�/�ir�.l��/�.I�...��.�.I�N��' Camera #2: IV�� C/v�r��nr.��im��ir�� ir�� c�ir�/ u�I�Ilii�C�ir�l��c�/31�i��?°��6�CD� ..............�...................................................................................................�................................................................��.............................................................................................................................................................. 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The design of the Lexington Battle Green Traffic and Streetscape Improvements project was completed by BETA Group, Inc. in February of 2023. The work consists of, but is not limited to, roadway and streetscape improvements surrounding the Battle Green along Massachusetts Avenue between Meriam Street and Hancock Street.The project also includes improvements to Harrington Road, Bedford Street, Hancock Street, and Meriam Street.The project will enhance pedestrian, bicycle, and vehicular safety within these areas.The work includes, the construction and installation of sidewalks, curbing, bike lanes, roadway improvements, signal equipment, paving,trees, plantings, streetlights, street furnishings, and irrigation systems. II��m�'ii��,��:�� II �ii��ii ii �� ii i��:�� ii�� A mandatory pre-bid meeting was held on Friday, February 24, 2023, at the corner of Meriam and Massachusetts Avenue. Sealed bids for the project were opened on Thursday, March 9, 2023, at 12:00 PM. Bids were received from two Contractors.A summary of the two bids received is presented below. Bidder Total Bid Price Unified Contracting $4,389,231.00 I.W. Harding Construction Co $4,592,390.50 Based on a review of the bid prices, Unified Contracting was determined to be the apparent low bidder with a base bid price of$4,389,231. On Friday, March 31, 2023, the Town provided Unified Construction with a Notice to Proceed for the Lexington Battle Green Traffic and Streetscape Improvements project. ��ii�Il� �M��ii��If�II��m �Il��iimmiill �� ... II �� .� Construction for the Lexington Battle Green Traffic and Streetscape Improvements project began on April 18, 2023.The following tasks were completed by the Contractor, Unified Contracting, during the months of April, and May 2023: 1. Attended Pre-Construction conference with the Town, BETA, and EP(3/31/2023). �t,�,t. � ��R:�l 2. Mobilized equipment and materials to the Construction Laydown Area (behind police station). Secured the Construction Laydown Area with erosion controls and temporary fencing. 3. Completed Pre-Condition Construction survey. 4. Completed site layout. 5. Completed all test pits along Mass Ave as shown on the Contract Drawings and as required in the field by the Engineer to locate underground utilities. 6. Installed temporary construction signage, as required. 7. Installed temporarytree protection. 8. Ordered materials required for underground utility installation (i.e. precast concrete structures and piping). Materials stored as they come in. 9. Began hydrant removal and replacement within the limit of work(3 completed). 10. Prepared and installed cement concrete sidewalk mockups and received approval from the Town. 11. Worked with Foti Landscaping to complete the tree transplant at the corner of Massachusetts Avenue and Harrington Road. 12. Started concrete sidewalk and curbing work along Massachusetts Avenue heading towards Harrington Road and the Visitor Center. 13. Completed box widening, installation of the pedestrian curb ramp, concrete sidewalks, and remove and reset of curbing on Meriam Street. 14. Started installation of conduits and light pole foundations. �.�ii�WII� ��II��II��m�� ..�ii�w��..� ��.m�� Unified Contracting plans to complete the following tasks during the month of June 2023: 1. Complete installation of proposed drainage on Massachusetts Avenue at Harrington Road. 2. Continue concrete sidewalk and curbing work along Massachusetts Avenue heading towards Harrington Road and the Visitor Center. 3. Begin work at Harrington Road including reclaiming, grading, compacting, paving, and dropping structures. 4. Continue installation of electrical conduits and light pole foundations at Massachusetts Avenue and Harrington Road. ,�i,.i�fl�a�ai'i�i�..i��i;,r�xi�.r.i k t,�,�.,."��R:�� II��ii°��:��. ��ii��i ii�°�;.��.m�ii°�ii�� ii��.��ii�� .�II�� The construction team has worked diligently to ensure residents, business owners and visitors are up to date on construction activities. Meetings take place on a weekly basis with EP, Unified Contracting, and the Town's representatives.Work has included: 1. Weekly onsite meetings to ensure all key stakeholders have the opportunity to understand the communication game plan and work schedule. 2. Project signage throughout the downtown. The communication plan will continue to be adjusted as construction activities and community needs dictate. ,�i,.i�fl�a�ai'i�i�..i��i;,r�xi�.r.i �� , � � ��rc�::k ir��ii�..�..��:��ii�::�ii°�� II:::�II��a::��::��:�ii��::�I�I��..�� ENVIR(INMENTA�. �°"�,} " "�``' '" °'"i PARTNERS ai�,,,,%„%i �11;%/��/��//f�i��i��///� ��:j� �� r n/%0/� �i�i%//l�uiii�iiiiii iii�� l% �X�° � � i �/////%i// r ��u ya(a;, / x w iri/�%%��///////�%�� ii� � f J 4na, � �� rr� �? /�� j� �'n � ��ar"N �� '�/i�� i�ir, 4,� /%i ,`�,� i��'� ;� ,� ia � ��i�i z� � �� „ /,� � r�illl/IJl%//I////��/� '� /% i o �1 � . .,; , � '( ��r� �i��%�'�/�` o/j��`�'.. i x i �a� 1�� f �� I�iP 1� , � ��, �v ,/�/rr� iia/f 0 ��,1��1�!Ih�!��A� ,,, r r�o i�J`/i � „ , �� ✓Jt � �� r �4i %'� ,�' .. � '"� � ➢� �� lia/Y If:�� ' �i i� `n,�,,� � ;r °,�f ' r��k��"'1 � l��f% "r� : �i��r,f ,��lw�i'��y�j ii /l� i� ��. 1b s ��. tr,rx� �� i�.� �"��.- ��ii � r ;��. � ,. �: �� Photo#1 - Hydrant Replacement and Backfill at Battle Green ��u� �r � i�,�,�, y �, ,,, , �'�� i' �.� � � ..�r�`�r �r�u� �� rIJ � " � r r�' �,`'�,� ' w `nre�� t,. ,,r, ��„P� � �� ,�, i � ��'� r' Ar' n"'�� ! v�f �"F � r "� �f+�,,� �S � ��a�i( � n � � �� , �`�" �r'��" ��h�afr � :. � i,�y i c '� ,l �r�' �d ��,,,+t��,(� �r' I� ��1 :"�� "�� 1 ��a�`��,p �� NJ�'Y� d�� ""�r& ��"� �P 9u1l��e,�° �ia,�s � � � ;�s� �t i�',�i/�� "�' � v �, � � �r".��r°� ��'�'�i;� M� {Y � � ; kT , ,r �d .�d�, � y �: � � �k^�� .i��^ N�x;;�y� �pq}M'�� '� � ?� ��`� �� 7A� �d`� � i� � �M, x . 7 � ,�f� �y ..Na �,��F.d��1 �� "C� p �� .'�'�nr� r ufQ�f'"�� '�Fr�'�^ .�; �'d.� � �^�"� ��1�'fi�'�°� � �i ��&��,`+ ^'� i �r w" �r�"�'�t�� ^J'�"��„!�i n � � r I+/�� '7,� � „!1 tm ; e P� �� " '` r ie� r�i � � , r �� „�- �i�fJ � � ��r r� r; �� r � �� ,�s � � , � ��u� i ��dr�qr�x�� V o- � r ;i i�P� ��,� a��l�� lJ,� r�r,�✓,�H Pt Y . � t .��" ��t '�', �ad`e4��l ' �I''r^�"�! +w �f m � a' 76rf �� f,��,?s �rt�r�`w�'�,�,b�a��'r"irJ'✓� .p�'��Nb �� i'� � u� �ik��i��„�� '�r��tl�r�i �„�,i,� - sr'�W"�,4,«�a�Is,�. dm>.��t,,,�l��nc� , �,�,�„u.,.w�1�'� � �.,z�P'�,I Photo#2-Test Pit#3: Existing Gas Lines and Concrete Duct ��;� r e'roR'��ry. ✓ f„Im�°41"¢°61 �,,. i;'� �� ;,� � , ., u !'�t i i' ,u�� iy i��sG, �� `��''>r �9 �� , �ap ,� �, �� S�`��,: ��t` r� � t J,�? '�'� � ,� J �i) ,r/1�� r � 1 � �� /// /�/ia/��t(l 1(, t �f ��(llrl � ,��j�� r,��s�i�, '' 1� �� /, �r ii/� ,r�, il//r��/// ; � ' i%'fi��;;� f � �/f �i��'/�� i� /�i i ir✓„ay �� %�/,�� ii��%�i��f/ /� r�i �^; %,-; �,"�" �� ,�.�r,a � iy � �Y � � � � i�� t 1 „�,i ' I II�V �� D �� ' k✓��f��ar � , i � � , i� � � i '� �� i ��'�� I� i� i � � i °i�' ia �' I i � , � + �� i � � I ��"��° " �� o�. � v �� ;� � �;�� 'r�,;'� ��,��f�,��r�. ��u��; I�f�:�� i r,y!�la/',A��°� r, i �� %��'i1�� ,,,,�;��,,r � �� t i1�r ai 1 i �; r 2, ,,., , I,,,r�✓„o, ,�.rd,i u..,,�, .,,t,,,,,,s I,�rG�,� Photo#3-Traffic Setup at Massachusetts Avenue �w;�r �� /iiii/i% � � wp ° "�Y��€ �� rr iii ��SF� I ��"Wi`� � � ; F$;,i ��`g' i � /� '` �A��r i �� r � �i,,.� � ,� �,. � i ` �i�!��.��V� ��? ar�'� j��>/ � �� i l i n�,�°-, �, ° �ll�pi�f� , i, ,,-,, � �I��i � J'�� ,ea��. + �' � r � ��. �;.�� d�� ) � ,a.,,-�,, e , 7, ;: . � � j� � �� / �„ ' l�,'r iY� i'Y��;r.e J„�;' �� .: �;1,,, i �� Photo#4- Remove and Reset Curb on Massachusetts Avenue a;'f1V�t,"1I ',flr�I�, �v:11Y.1 ��;� 'ero�'��ry. � �,� � � � �iu� p� : �. d" w h � C� � ��. � .wa�� ,�� " 1 �� '" a� 4 �r � � �_,,, , '� �� • �.;�r rl� �� nrj in�ia�✓1 %l�' ��", 't � � J� f1l �' I ' " ��i�� %�'��/ �� ~� , ��/ ,/ � , , � � ; �� r� ' � �'�� ' /'/ �ff�� ,� u' �'�` �,;. , � �, N Yn,,#; �. u �r' i�� i ' ie � � �� ` , �., L��' ,.� ' � � �� G� � u� �� Photo#5- Placement of Concrete Sidewalk on Meriam Street �� , � ��^i �� `�"��: ,,P ��`�� ;^ ,'� � ��w �� P � �� , �� k. � t � o �� /�/ k �r��,f ��t`"�Y�� rJ;, ��,�,��9, , � � � , � ��, � ��a ��„�. �i�,�r � ��,� ��' .� , �;; q,, , r �! � �t°�'�� i d�'�',�4,'ri r a + � p y �r�'�. ��r��,J �ti�r . � �� a r�k��u, �'��..,,� , ��....�.. Photo#6- Foti Landscaping completed Tree Transplant �r.ivl,,'��c,r.i,�� c.��,,r.� �i; I ero9`��:'y. +';lY v r,�, ^� � �a a � „i�i� �� .�� , �,E�� .i �� v r�r"� ��F" 1�,. �u,,. J � ( ��°; �" l� l �%�� '/�� If�/ii%j�/1� �?�` l �� '1 � r��ii/%�i��l��1, ` i � i��l�iif J i�� i�� 1� i��ri yr��l� 'r�l�f%�%G/� %�� „ �' ��r�� !� �/ �a�� %: � y r "�� fi/i�li ��m�1 ��,I# �� /� lJ��/�f��1�' �� t��"l�rr"�i� �%% Jf'%�� ` " r� � �� %�li' ;f � � � � il��` ��//II �,, �,/_ � , � r�� . ��i��/ l�� , ',i"� � �,.///dii � � �' J��r�II �i�/�� Rr �� G �,��. a �1�r1��J!l��rf��l'�/�� li;i,,: 1'" ?� k �iun r � % ��' "°�h1 �� r,il�� oi � i�� % �� ri � �� r��'�'" � �j� r�� v �� l�r /��d� r6 �NG�n � /� ir I��/1d r �6U�� „(��1✓rr'i�/� l" e ii� �ro�t�y v J� dJ�,,,��,i � W ��a v�fsG/% ii /�//��q"�/)/� � � � ,� � � ��l/�li��°��i�%ji��q%/��%/��'�r� IA F -,a a ^� i�d��1�� /%��w��G��i r4 ?��J/i N��l�i ��'��b�( rf �r�'�,� a�` i � �F�� iir��%�� i,��'��. 1i��1�op/i�i I`r%i u �I y ir� ( ��✓�7� (r �///� /�k�!/� � � ,1 �J/l�io(/rr � /l� �-r 'd� � �'��t r��i,�'��%/�;�t�l��r�191��,rM'� T � i� � �nl ��`�/1� ��,��Yi'�l//�rJ1c�`��i !1i�A,�/,��1 �ri��ii�i��f�,i�fi�(�(��i��%�!/1/��JJ„ Photo#7- Drain Manhole#6 � f,� � �� iiii ��o��„ , , �Jll 1///I%%//�////%///p�lr/,�i,//,ir/��////%/f//O//r//'//%%%�„��r r�, � '� � �y� f;�eo�� , � �� i�n " �� , „ ,��, 41 ' � i �� , QYr ��i�1 i�� F , �� i�� ,d��,,r I�'� n'a � ��•. � ; � �� w`�" r �' �� `�� i r��`'``'��. � � � ' " ��V��, �'�'� r� � u , r' � G��//r W�✓""��i(V � »��i,,�„ r� �� , �� ;�� / : �',�r.� i��y ` �� .� �,�� J � � f i y �iM��,'� � � � � �� "s l �� 1�� i� y �6 � � r� ix�� , �i � �� iy �Jr�r� �i i � rl "��Y� �✓%'�r',l /'�1�� /i� �; �� 1� i !�� cf��? ,r �/r�'1!�u��`i tlj , . . . a � . ., a�al;��, y�rr''l�/l ��,lr�L�H Photo#8- 12" RCP for CBCI-2 to DMH-6 a;'.f..1V�t,"11 ',f..lr�.l�,�vJl'Y.,1 ENVIRONMENIAL ��J� .;,'''�„°,'i PARTNER� If�➢➢I➢rtm�//�� i/////,/,�%�%�� Q�� ir�ro�✓in� �a�ll��ic�y Il:�irii��a �u,�uii�� . �u�uiiin��N II�� .`�� If�m �`� In��.'`�In�,�'.�� II::::e �� I,��I,�b�.�'� �If"��II'��If°m.�:,IP".��:�II,��.�°�°'�If�ll'� �b�.0.d'1tlifiXV �� '� b� � '�,�"... Cw "A. � �I' �� X h;d � � "�`t� �F 1 t"'f!a,CC12a ��r9 �"��"rrvrc a��''� � _ ;��;�r„irr; � Town of Lexington Town Manager's Office James J. Malloy, Town Manager TeL• (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: July 7, 2023 RE: Weekly Update The following is an update of activities for the week ending July 7, 2023: Town Mana e� r U�dates: • On July 24, the Board will be discussing the $275,000 earmarlc for Transportation Improvements. I've previously provided a list of potential projects/programs, given the number of Public Works t�ansportation projects, I requested the Engineering Department prioritize their list, which is as follows: Priority Project Cost 1 Pleasant Street/Watertown Street Safet Improvements $300,000 2 Eldred Street Traffic Calming $300,000 3 Lowell Street Sidewall�between Fulton Street/East Street $300,000 4 Crosb Road Sidewallc between Mass Ave and Hastin s School Drivewa $ 95,000 5 Kendall Road Sidewallc between Marrett Road and Farmcrest Avenue $ 80,000 6 Mass Ave Sidewall�at Munroe Tavern $ 180,000 7 Bikewa Counter and Totem $ 50,000 8 Hartwell Ave/Wood Street Pedestrian lm rovements $ 45,000 9 Worthen Road Se arated Bike Lane Desi n Between Mass Ave and Waltham St $ 100,000 10 Worthen Road Im rovements between Mass Ave and Waltham St $365,000 11 Worthen Road Temporary Protected Bike Lanes Between Mass Ave and Walthain St $ 60,000 12 Wood Street Complete Streets Preliminary Design $ 100,000 13 Cary HalUTown Office Building Bikeway ADA Access Ramp $ 100,000 14 Edison Wa Bikewa ADA Access Ramp $ 100,000 • We have received two requests to begin work on bylaw revisions. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 o One is a sign bylaw review (by the Center Committee) that would: • Allow sandwich boards at the storefronts with equal rules for all businesses. Issues that the Center Committee sees that need to be addressed are • Clear public throughway for a wheelchair or stroll or deliveries. Is a minimum of 4ft appropriate for this purpose`? • Signs should not block egress from parking spaces or access to parking meters • Sign should be well-kept and readable • Sign should be of appropriate size. A max and min size needs to be established. Too small is useless, too large is an obstacle. • Sign should be removed during closed hours. • Sign can only be within the width of their storefront, not at other public access points. • Questions arose about signs on the bikeway. The Center Committees feels that an addition of a Town-owned kiosk at access points is more appropriate than a private business sign on public land. Until such time that a kiosk is installed,pi7vate owned sandwich boards under the same conditions of"in front of store" sign would be appropriate. If multiple businesses desire the same location we should work with them to combine their efforts. • Discussed temporary sandwich board vs permanent blade sign. As long as the height of the blade sign can warrant it, would it be appropriate for an additional"board"hanging from the blade sign be a better option for a temporary message? o The second is from the Tree Committee supporting the Tree Stateinent of Concern group that came before the Select Board in May 2023. The Tree Committee has requested that I establish a Working Group to review the bylaw and enforceinent of the bylaw and make a recommendation back. Their request was that the Working Group consist of the Tree Warden, DPW Director, 2 members of the Tree Committee and a representative of the Town Manager's Office. Since the Tree Committee is appointed by the Select Board, I believe it is appropriate for the Select Board to discuss this request and deteimine whether a Working Group should be formed to review the Tree Bylaw. This will be on an upcoming Select Board meeting for discussion. • The Town received another $7,500 EVIP Grant for the purchase of an electric vehicle through the MADEP. This grant and the $40,000 insurance settlement will be used to replace the Town Manager's vehicle. • Attached please find the agenda tracker for upcoming Select Board meetings. Public Facilities: • Attached please find the June Police Station Construction Update Report. Land Use Health and Develo�ment: Planning • On July 19, the Planning Board will open their public hearing on various Amendments to their Regulations. The Planning Board's Zoning Regulations are being updated to reflect the new zoning amendments adopted at Annual Town Meeting. The Amended changes will be in Novus for the July 19 meeting and can be found here: f�� sn��w�r.��p��r�mr��4 p�rv��9'��o:A��c��4. The meeting will be on zoom beginning at 6:00 pm. i�� o� s�� i � s ��t��, �� Followup to 6/5 meeting: This is to amend the Ap�row� R�sici�ntia�l ,c�lici VVast� Solid Waste Regul�tions ta allovv the Select � I�ti�n A � � � 10�Ju1�23 0 Board to set a fee far curbside pickup of bulky items and white goods and to adopt fees starting on July 1, 2023, Ap�r�v�S�I�ct ��ard Corrirriitt�� 1O�Ju1�23 a Lis�of cornmittee liaisan �ssignmenY change� Li i�on ��i n � t� pr�v� �I��t �a�r ��ti 6(5/2023 Select �o�rd; 6/5/2023 Joint� /SC; ��t�� 10�Ju1�23 0 6l12/2023 Select �aard; 6/21/2023 Select �c�ard Ap��re�v��I��t ��rd ��rnnnitt��' �pp�ir�t Jill Hai to'Visian for Lexingfon 10�Ju1�23 0 �ommittee �s �� Mlember; �ppointm�nt for p�i t � t� DC full member se�t x1 �ccept�el�ct ��-d Corrirriittee �;nw�ll T��i resigning from th� Lexingfon ��t�� 10�Ju1�23 a �ouncil for the Arts effective immediately Appr�v�and Sign V1I�t�r ar�c! �ew�r 10-Ju1-23 0 Email request from Robin on 6/29 J st �nt� Adverstised in the 6/29 and 7/6 fvlinuteman IV�ise �yla�nr,��ial Perrr�it Fi�aring nevvspaper�, abutter notices mailed,Amy at�r �in ��I�ce � t roject 10�Ju1�23 10 Costantir�a, Wright�Pierce Engineer and L��r�ll �tr��t Stephen Flildreth, Tovun af�urlington Engineer, will be present at meeting to answer any qu�stions Lic�u�r Li��r�s�Am�ncim�nt� R�equ��t f�r�I�clg� of Lic�n��, not a hearing, dr�es no� require advertisement ;� � � �f n� ��aa C � � �f 10�Ju1�23 5 (adrrrinisterial amendment} (�ffic�r�Al�ft L�xir�c�t�r� i �r i�� s� �r�d � t� R�qu��t f�r Pl�dg� e�f Li��rrs�, nat a hearing, does nat require adv�rtisement � e �f ar�� r� � � �f 10�Ju1�23 5 (administerial amendment} ffic�r� I� � t Lexi tor� Revi�vv�nd Appr�v�e ��-opo��d Propo�re�ts�rould need to order the granife for ravi f�r ro � ou te the grour�d maunt of the manument by 7/11 r� ite truct r� ar L�x ee er 10�Ju1�23 10 due t�the 10�12 vveek lead time (need to Nlonurnent in�tall before the ground freezes} Followup to 6/5 meeting: Elizabeth Mancini, Procurement Director has requested to have D��ign�r S�I��ion P�li�y R�qu�st 10�Ju1�23 10 the Board approve a policy that is required ;f�r Ap�r�val 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 the first 6 lJ�d�t�fr�rrti Ghi�f Equity�ffi��r� 10-Ju1-23 15 months, an update on our demographic survey H�rreali �hah as well as update on the equity audit (bid will be awareded by then) update on 5o�ar canopy tor No�ice Ongoing updafe 4a �aard ,Station Project 10-Ju1-23 10 Fiscal Year 2023 Year-End 1 O�Jul�23 15 Transfers The Town has been discussing holding a planning charette for Lexington Center and we Discussi�r� on th� Pl�nr�ing 10-Ju1-23 10 Want to have a discussion among the Board on �h�rette fc�r th� C�nt�r how to move forward and whether there is support to use ARPA funds for this effort. C�u�rt�rly ARPA Revi�uv�nci 10-Ju1-23 �p This will be the quarterly ARPA request review A��r�va�l for the Select Board's consideration. �i��u�� I��t ��rel ft��rk f�r Board to review topics for inclu�ion in the �� Z� ��I �� 10-Ju1-23 10 Select �oard Report for the FY2023 P�nnual Touvn Repart and assign scribes 75 Fottler Ave does nc�t have a driveway and ;fh� resident has parked c�n the street�ince the hous�v�r�� built, the property ovuner is building ;an �ddition and the ZBA special permit �►�prov�T�rr��ra�ry On�str��t requires � permanent ability to park on fhe ar in � 75 �ttl�r v�� 10�Ju1�23 10 streeet, DP1N and Police have voiced concern over this conditian and staff have warked vvith ;the property owner ta add a driveway, but ot issu� a permit there at least needs to be a ;�emporary ability to park an��treeY, ;(at June 12 Exec Session, S�voted to Vot� ��ici Pa�r�ntal L�av� 10�Ju1�23 , �pprove town�vvide policy related to parental ;I�ave, and discussed putfing this o� a July S� I�eeting to approve in open session) The Town h�s been appraached from a �or��ic��r La�r�c!A�qui�iti�n 24�Ju1�23 15 re�ident seeking �he Tawn'� infere�t irr purchasing � partian of their property, Hausing Partnership Board (cornmunity A��re�v��I��t �e��rei C�nnnnitt�� members x2)�� email sent to Jeri F, on 6/30 p�i t � ts 24�Ju1�23 0 �e; �eedback on applic�nts af 6/�9 meetirrg ��i t � t ,f El�ctio ffic�rs f�r 24�Ju1�23 0 Annual appts '2024�2024 ' ' ' ' Rleeds to be advertised� Hearing � Inn at Hastirrgs �ubmitted an al�eration of premise �I��hc�ld�r� Liquor Li��r��e ,applicaiton far their liquor license to formalize ;Arn�nclrrn�nt�Altera�ti�r� of ;the outdoor area ta include the new patio area r� i� / � �t� i uor i�� 24�Ju1�23 15 ;th�y built, Their liquar license is currently �onditi�n� 12�garding N��e�utdoor covered at the present by the state extension �ining �Inr� at Fiasting� Park ;for outdoar dining areas to �erve alcholol in fhis area along vvith their local application for ;outdoor dining under the Town fVlanager, Ftec�ntly the Town v�ras �sked ta reconsider a i�� i �r�t � �t� ��s 24�Ju1�23 10 non�resident fee for a former long�time resident, Jill Hai suggested the aard should �sf�blish a gener�l policy, �r��c� i�l iscussi� 24-Ju1-23 30 Discussion on the expansion plans at Hanscom Airfield. ;Th�Trarrspartation f�lan�ger and Engineering Discu��i�n �n $275,000 E�rrn�rk for �epartrnent have submitted praposals for the ;Tr�ns ort�tion I r�ve ents �`��Ju1�23 �0 $275,000 earmark the Town received from the Legisla�ure far Transporta�ian Impravements Reappoir�tment was pulled from 6/21 agenda ;for a future meeting date, Need discussion on Di��us�ior� on Pr��fcar how to move forward uvith appointment or in t� � c o�l o itt�� 24�Ju1�23 20 reappaintment of Minuteman �chool ;A��c�intrrti�nt Committee� Lexington Rep, posifion (current ;ferm expires 6/30� Judy ta serv� until successor determined} Doug/IVlark �o presen� prope�sed updates F�lac�h�ld�r m [�iscuss prop�s�d �t�s t�Sel�ct ��r r�ce ur�sg 24�Ju1�23 15 lici�s�n � lati��ss a� �I This has come before the �oard previou�ly Ja�k IVl�l�n�y �illi�rcl Ft��m Sign and th� �oard a�ked �o have the sign scaled �vie / ��r�v�l ��Ju1�23 � ;down (smaller}and to come back for final approvaL The Tree Committee has reque�ted fhe To�nrn Di�cussi�n �n C��ating �d6Vorking fVlanager establish a Working Group to revievu rou t� �vi� t � re� yl� 24�Ju1�23 2p �he Tre� �ylaw Enforcement, The Select � f�� oard appaints the Tree Comrnittee and �hauld discuss prior to the establishm�rrt of any Warking Graup, The Comcast renevval i� in process and the CAC is going through the public commenf �AC Pr��ntati�r� �C�rrt�aa�t 7�Au 23 15 p�riad which has included a public Li��n�� R�r��o��l �� presentation during a Selecf �oard meeting irr ;the past, This item is th�t scheduled public presentatian, It has been several years �ince°fhe �eal�r's Fees have been increased and should be ��I�r�f iN�ights a�nd Me��ures 7vA� �3 �� increased based an other area communities ;Pr�p�s�d F�� Increa�� g� ,and the regionalizing af the �ealerwhich came at a higher annual cost, Discu��i�r� �n (�oal �etting Proc�ss 7�Aug�23 30 As part of the propas�l of�dding a round�bout ,at th� Harringtan/Hancack/Bedford itreet ;Intersec�ian portian of the �aYtle �re�n IVla�ter Plan required the Ta�nr obtaining a small ;A��t E��rrti�nt F��rri th� Mas�n� ;easement frcam the fVlason's at the corner of �� rt�f t � attl� r�� 7�Aug�23 10 Hancock and �edford �treet, Tavun �cauns�l tr��a� � ( � n �b�ut} has vvorked vvith the Tovun Engineer and the Masar�s and the e�sement dacument and plar� are ready ftar revievv/appraval by the S�I�ct �oard, • • � ,�` � s � ��1�� ,� �� .. � , �.s�� p �� ,N�n��Vi�� '°��1ii91�u�r�C,�uAi�Ili��' une 2023 Town of Lexington, MA � �� f u��u�; ,��,, �m��ai�.µi� ��I , � � ''UJ ic:��C>��m: �, �wro-wu�m-fl-io�M�:� Construction Progress Update ork � I�t� Jun� 2 23e *Vanaria finished Mass Ave. road excavation for main water feed. Had to bring in a water vacuum truck for uncharted underground utilities. Eversource was onsite to observe and document utilities. *Pioneer was continuing installation of exterior steel studs and framing window and door openings with pine. *Grasseschi was finishing underground drains and copper water feed lines. *Griffin finished underground conduit installation, and installed 2nd floor conduit. *1 st—floor utilities where backfilled with structural material and compacted. *Fanagh completed a compaction test for SOG to prep for concrete pour. *Lazaro poured concrete on North SOG and sloped to accommodate floor drains. Samples taken by Fanagh. Approx 188 yds. Of concrete. *Pioneer started interior steel wall studs on 1 st and 2nd floor. *Griffin continued running conduit in CMU walls and around doors. *Lighthouse continued laying concrete blocks for cells, storage room, armory room, interview room, processing room and booking room. Started laying blocks around exterior garage doors. "CAM HVAC was doing layout on roof and 2nd floor. "ARMANI Restoration was working on waterproofing roof walls and sealing exterior DensGlass wall board. "Pioneer started installing exterior DensGlass wall board on North, West, South and East walls. "Vanaria excavated and installed the infiltration system on the East side near the Cary building. '`CAM was installing interior hangers for HVAC ductwork and pipe hangers. *Capeway is working on the flat roof area installing insulation, plywood and additional waterproofing to seal surface. *Vanaria started running drains from�the infiltration system on the Northeast side. *All inspections and tests were completed by the Building Dept, Electrical Insp., Plumbing Insp. Fanagh and F&O as required. r � I J I � *Finish installing flat roof underlayment and sealing. *Finish interior and exterior framing. *Finish exterior wallboard. *Continue interior and exterior CMU walls. *Continue with rough in for Plumbing and Electrical. *Sprinkler rough in on 1=°and 2°°floor. *Street work-Sewer. *Site Utilities *Continue with Mock-UP. *Continue hanging ductwork and piping. *Additional roof work To view the live progress of the site, please use the links below to access the web-cams: Camera #1 : Ih��:�.1��.;://...........................:._��i��ir��.y�.��i��.._��.ir�C�p�l�ll_ii�/�ir�.l��/�.I�...��.�.I�N��' Camera #2: IV�� C/v�r��nr.��im��ir�� ir�� c�ir�/ u�I�Ilii�C�ir�l��c�/31�i��?°��6�CD� ..............�...................................................................................................�................................................................��.............................................................................................................................................................. 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The attached redline are additional changes based on the Board's last discussion and the clean version should be the final version for the Board's consideration. SUGGESTED MOTION: Move to adopt the revised Residential Solid Waste Regulations dated July 2023, as attached. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ �^'xu�arY�'tc;avu�1��vr„u�>uu �hrva•rr C"Ila:uncr ❑ l�'�iva,rN]NZa��1�➢au�ua��2�;v�ay.a�v:u �zn�a°�rl4la�� ARTICLE N Residential Solid Waste [Adopted August 1991 by the Select Board] [Amended July 2023 by the Select Board] § 181-57. General provisions. A. Recycling is mandatory in Lexington. B. The Town of Lexington is committed to reducing the generation of solid waste within the community by working to: (1) Educate residents to reduce the solid waste they generate; (2) Accelerate recycling and composting efforts; (3) Commit the remainder of solid waste to waste-to-energy(resource recovery) disposal; and (4) Reduce the toxicity of the waste stream. C. Town Meeting has established a requirement for the mandatory separation of certain recyclable materials from the rubbish of Lexington residents. School buildings and public buildings are included in this program. Apartments and condominiums also participate. Residents are encouraged to reduce the volume of pacicaging they bring home and to buy and use recycled products in order to support markets for recyclable materials. § 181-58. Types of waste. The Town of Lexington collects the following categories of waste: A. Recyclable waste (every week curbside collection). Consult the annual recycling informational brochure for an up-to-date listing of the materials that may be included in the recycling bin. B. Nonrecyclable solid waste (regular weekly curbside trash collection). All garbage and rubbish that is not considered either recyclable or hazardous waste or is not listed in § 181-61E. See § 181-61 for details. C. Household hazardous products disposal(10 collection events annually). Household hazardous waste includes any products or materials that can be toxic (poisonous), corrosive, flammable or reactive (explosive). See § 181-62 for details. D. White goods pickup (curbside appliance pickup). Appliances are collected curbside by appointment only. See § 181-63 for details. E. Yard waste (curbside, drop-off facility and home composting). Disposal options for approved yard waste include curbside collection for three weeks in the spring and 10 weelcs in the fall, drop-off(see § 181-64 for details) and home composting(see § 181-66). F. Christmas trees(curbside trash collection and drop-off recycling). Christmas trees may be disposed of through the curbside collection of regular trash or by dropping them off far recycling(see § 181-65). § 181-59. General rules applying to all curbside collection. A. Where to place containers. Collection occurs at the curbside. Place trash containers or recycling bins (with at least eight feet between them) para11e1 to the cusb, not going up the driveway or walk. Waste will not be removed from inside houses, garages or other enclosures. Residents should be aware of winter plowing operations and place their refuse containers where they will not impede sidewalk plows or be toppled by street plows. B. When.Place the containers at curbside no later than 7:00 a.m. on the collection day.Remove empty containers within 12 hours of the collection. Collection vehicles will not return to an area after the trash or recyclables in that area have been collected. C. Holiday collection.Regular waste and recyclables are not collected on legal holidays.Therefore,do not put waste at the curbside on a holiday.During a week when a holiday falls on a collection day,the weekly collection moves forward one day. For example, if a holiday falls on a Monday, waste is collected Tuesday through Saturday of that week; if a holiday falls on a Tuesday, waste is collected on Monday and Wednesday through Saturday of that week.Your recycling brochure lists all legal holidays affecting trash collection. D. Sanitary conditions. Before and after collection, residents are responsible for maintaining safe and sanitary conditions at the collection site. Residents must remove refuse from spills or broken containers prior to the collection. The contractor will not collect loose refuse. Dog and/or wild animal complaints can be reported to the Animal Control Department at 862-0500 extension 240 during normal work hours. E. Scavenging. Scavenging or picl�ing through trash or recyclables is prohibited. F. Penalties. Violation of these rules may subject a resident to penalty provisions under Town Bylaws and adopted regulations of the Select Board.If recyclable waste appears in a regular trash container,the Town will not collect the resident's regular trash. [Amended 3-27-2019 ATM by Art.34] § 181-60.Rules for curbside rec,yclables collection. Mandatory separation of certain recyclable materials from the regular trash by Lexington residents was established by Town Meeting in 1988. An annual informational recycling brochure is mailed to all Lexington households. A. Containers.As part of the Lex-Recycle programs,the Town provides each new household with a recycling bin (provide proof of new residency to pick up free bin). Every household must use at least one Lex-Recycle bin. Additional recycling bins are available for a fee.These are available at the Public Works Building,201 Bedford Street,weekdays from 7:30 a.m. until 3:30 p.m. . B. Recyclable waste preparation. Follow these rules when preparing and putting out recyclables, placing glass, metal,plastic and aseptic containers in the bottom of the Lex-Recycle bin,with bagged(paper bags,not plastic bags) or bundled paper on top or beside the bin. (1) Glass. Clear, green and brown food and beverage containers. Rinse clean. Remove lids, caps, corlcs, plastic sleeves, etc.Paper labels are acceptable. Do not recycle broken glass. (2) Metal. Aluminum and steel (tin) food and beverage cans. Rinse clean. Crush to save space. Discard cutout lids or secure within can by crushing. Paper labels are acceptable. (3) Plastic. Narrow-neck bottles with Nos. 1 2 and 5 within the recycling symbol: water,juice, millc, soda and detergent bottles. Rinse clean,remove lids/neck rings, crush ar nest. Paper labels are acceptable. (4) Aseptia Milk and juice cartons/boxes. Empty and rinse clean. Remove straws. (5) Mixed paper. Place newspapers/inserts,junk mail, office paper, book pages, chipboard boxes (empty and flattened), single magazines, catalogs or phone books in brown grocery bags. Magazines, catalogs or phone books may be tied up to twelve-inch stacks. Break down and tie corrugated cardboard 30 inches square maxiinum.No plastic bags are recyclable. C. Iteins that will not be collected. Refer to the annual recycling informational brochure for the items the recyclable waste contractor will not collect. D. Where. Put the recycling bin(s) at cusbside, six to eight feet away fiom the regular trash containers. E. When. Collection of recyclable waste in the Lex-Recycle bin occurs every week, on the same day as the regular waste picicup. Consult the annual recycling informational brochure for calendar schedule. F. When moving. The recycling bin should be turned in to the Public Works Department at 201 Bedford Street. § 181-61.Rules for collection of nonrecyclable solid waste. A. Approved containers. Put all waste in approved containers only. Do not stuff containers beyond their capacity or have items protruding out of the top of the barrels. Cracked or broken containers that are einpty will be collected as waste. All containers are used at the owner's risk. Approved containers include: (1) Plastic bags that are at least 1.5 mils thick. The bags must not exceed three cubic feet(30 gallons) in content or 40 pounds in weight. The bags must be rightly sealed or tied. (2) Metal containers should be watertight and rust-resistant and have handles and tight-fitting covers. The containers must not exceed three cubic feet(32 gallons)in content or 50 pounds in weight. (3) Plastic barrels must be heat-and water-resistant and must have handles and tight-fitting covers. They must not exceed three cubic feet(32 gallons)in content or 50 pounds in weight.The waste contractor is not responsible for plastic containers that crack during cold weather. B. Number of containers. The waste contractor will pick up a maximum of six approved containers per week, one bulky item object (see Subsection D) and five bundles of branches over one inch in diameter(for preparation see Subsection E). C. When moving. The regular waste contractor will pick up additional trash containers in excess of the maximums listed in Paragraph B when residents are moving or cleaning out basements,etc.Residents must call the contractor to notify them in advance of their regular collection day.The waste contractor does not make special pickups. D. Bu1ky objects.Bullcy objects wi11 be collected at curbside on the day scheduled through the contractor. A bulky object is anything that will not fit into an approved container (Subsection A), such as a television set, automobile tire (without rim), storm door,lawn furniture,barbecue grill,mattress,box spring,rugs (cut in four-foot lengths,rolled and tied), etc. E. Waste preparation. Follow these rules when preparing and putting out waste: (1) Drain all liquids from food waste before putting it into the waste container. (2) Wrap food waste securely in plastic bags, such as old bread or supermarket bags. (3) Make sure no waste material protrudes above the top of the container. (4) Window glass should be taped to prevent shattering. (5) Keep waste containers in a sanitary condition, covered and/or tightly sealed.. (6) Cut tree branches and limbs no less than one inch and no more than four inches in diameter into three-foot lengths and tie in bundles. Bundles must not exceed 50 pounds in weight and 24 inches in diameter. Maximuin of five bundles per picicup. (7) Wooden objects such as picnic tables,fence parts and scrap wood should also be cut into three- foot lengths and tied in bundles. (8) Scrap metal such as fence posts, railings, dismantled swing sets, aluminuin ladders or lawn furniture should be brolcen down and securely tied before putting at curbside. Pickup will be scheduled through the waste contractor. (9) Lawn mowers. (10) Latex paint must be completely dried out(solidified)before placing in regular trash. Use kitty litter or a similar drying agent to speed up process. (11) Oil-based paints with less than two inches of residue may also be dried out and disposed in trash. F. Items that will not be collected by the waste contractor: (1) Dead animals or animal waste. (2) Hazardous waste products (see § 181-62 for description). (3) Biological or infectious wastes,medicines and medical devices. (4) Improperly packaged medical sharps. (5) Automotive parts, such as batteries, body parts, engine blocks, fenders, frames, tire rims, gas tanks,transmissions, etc. (6) Logs and tree stumps. (7) Yard waste(see § 181-64 for disposal of yard waste). (8) Any propane tanlc(for disposal, see § 181-62). (9) Recyclable waste. (10) Building and/or construction debris, e.g. wood, asphalt, concrete, etc. Building contractors are responsible for the proper disposal of all const�uction and building material or offer debris left from their work, such as wood,beams, shingles,plaster, asphalt, concrete, earth and gravel, etc. The Town of Lexington has no facilities for disposal of construction materials and the regular trash contractor will not remove it as residential waste. Please consult the Yellow Pages for disposal contractors. (11) All other items prohibited by state or federal law or regula�tion. G. Unacceptable containers. The waste contractor will not pick up waste in unacceptable containers. The Town of Lexington and the waste contractar assumes no responsibility for waste that is not put out in approved containers(see Subsection A). Unacceptable containers include: (1) Cardboard barrels, cartons and crates. (2) Plastic bags other than those described under Subsection A. (3) Containers without handles or lids. (4) Containers with waste protruding above the top. (5) Lawn carts or wheelbarrows. (6) Oil drums. (7) Open baskets or boxes. (8) Paper bags. § 181-62.Rules for disposal of household hazardous products. The Town of Lexington has joined with seven neighboring communities to address the problem of household hazardous products disposal. In order to keep these materials out of the waste stream and the environment, residents are encouraged to deposit them at the Minuteman Household Hazardous Products Facility on the scheduled event days. Some of the products that should be separated from your recyclable or regular trash are listed below. For proper disposal of any hazardous waste not listed below or listings of dates, contact the Board of Health. A. Location. The Minuteman Household Hazardous Products Facility is located on Hartwell Avenue, at the site of the DPW Composting Operation and the former landfill. The entrance to the facility is located opposite Maguire Road on Hartwell Avenue. B. Hours of operation. Collections occur on 10 Saturdays (at least once a month) from April to November.Hours of operation are 9:00 a.m.unti13:00 p.m.Residents will receive an annual recycling informational brochure through the mail indicating the dates when the facility will be open, along with instructions for bringing the waste. C. Products. Hazardous waste includes any products or materials that can be toxic(poisonous), corrosive, flammable or reactive (explosive). Collection events include but may not be limited to the following products. Consult the annual recycling informational brochure for up-to-date product listing and limits. Cleanin�Products Bathroom cleaners Drain openers Oven cleaners Metal or furniture polish Spot removers Automotive Products Motor oil and oil filters Brake or transmission fluids Antifieeze Solvents Auto batteries Polishes and wax Pesticides Weed lcillers Fungicides and herbicides Insecticides,pest strips Fertilizers with weed lciller Wood preservatives Rat poisons Paint and Paint Products Paint and Paint Thinners Paint removers Stains and varnishes Epoxies and adhesives Aerosol cans (with product) Other Products Batteries Fluorescent lights Thermostats Driveway sealer Pool chemicals Hobby or photography chemicals Propane tanks (up to 22 pounds) Waste fuels (e.g. gasoline) Do Not Brin� Explosives Asbestos Ammunition, tireworks Commercial hazardous waste Empry aerosol cans Fire extinguishers Gas cylinders Infectious or biological wastes Medicines or syringes PCBs Radioactive materials Sinoke detectors Tires § 181-63.Rules for white goods disposal. Refrigerators, stoves,microwave ovens, dishwashers, washing machines, clothes dryers, water heaters, au conditioners and dehumidifiers are collected curbside by appointment only at no additional charge. Doors must be removed from refrigerators. Collections are currently scheduled once a week. Call the waste contractor to schedule a pickup. § 181-64.Rules for disposal of yard waste. A. State solid waste management regulations prohibit the disposal of yard waste in landfills and incinerators. Lexington has developed several options for disposal of approved yard waste. Approved yard waste includes: (1) Leaves. (2) Grass clippings. (3) Flower and vegetable plants. (4) Wood chips. (5) Pine chips. (6) Pine needles. (7) Hedge clippings. (8) Brush one inch or less in diameter. B. Yard waste cusbside collection. Yard waste is collected at curbside during the spring and fall collection period in a separate truck by the regular waste contractor and transported to the Town compost site at the Hartwell Avenue Recycling Facility. (1) Containers. Yard waste must be placed in open trash barrels or biodegradable paper bags and must not be mixed with regular trash. Yard waste in any other containers will not be collected. (2) Where and when. Place yard waste (in open barrels or biodegradable paper bags sold by local merchants) containers curbside at least eight feet away from regular trash containers on the regular trash collection day during the three-weelc spring or ten-week fall collection period. Consult the annual recycling informational brochure or visit the DPW webpage at ��r�..l��p��t�rr�y��.��v for exact collection dates. Yard waste placed at curbside prior to or after the yard waste curbside collection period will not be collected. C. Town compost drop-off site. Residents may bring approved yard waste in any container to the Hartwell Avenue Recycling Facility across from Maguire Road. After the container is emptied, it must be removed from the area(biodegradable paper bags are the only exception to this rule). (1) Hours. The recycling area is open for yard waste disposal from April to mid-December during the following hours: Monday through Friday,7:30 a.m. to 3:00 p.m.; Sunday, 8:00 a.m. to 5:00 p.m. It is also open the Saturday before Easter Sunday from 8:00 a.m. to 5:00 p.m. and closed Easter Sunday and open froin 8:00 a.in. to 5:00 p.m. on all Saturdays in Noveinber. (2) Contractors employed by Town residents may also dispose of approved yard waste at the recycling area. Contractors must purchase a yard waste permit sticker during business hours at the DPW Operations Facility at 201 Bedford Street. Permit sticker fees are dependent upon the size of the vehicle. Contractars who do not obtain a permit or who provide false information will not be allowed to enter the area. Punch cards for occasional disposal of up to 10 yards (one-yard increments) of yard waste or for dumping brush from one inch to three inches in diameter are available for a fee as established by the Select Board. D. Composted product available to residents.At the Recycling Facility,yard waste is composted,mixed with peat and loam, and used in park, cemetery, recreation and highway projects. Compost is also available in small amounts for home use at little or no cost to residents. Bring your own container. § 181-65.Disposal of Christmas trees. Residents may dispose of Christmas trees for the first two weeks of January by placing thein curbside with their regular trash for collection and incineration. If recycling, please remove all objects ft•om tree: ornaments, tinsel, nails, wire, tacks, plastic bags, twine or rope. These items are dangerous to employees and eguipment when trees are being chipped. No wreaths or roping may Ue recycled. § 181-66. Composting bins. Lexington has received a state grant from the Department of Environmental Protection to distribute home composting bins at a fee established by the Select Board. Purchase bins at the DPW at 201 Bedford Street and then pick them up at the Hartwell Avenue Dump during its business hours (Monday through Friday 7:30 a.m.to 3:00 p.m.).An information brochure is available from the Department of Public Works to malce compost. ARTICLE IV Residential Solid Waste [Ado�ted August 1991 by the Select BoardJ I [Amended 3a�e-,;I�,p,u,@,w��,,,,2023 by the Select Board] §181-57.General pro�isions. A. Recycling is mandatory in Le�cington. B. The Town of Lexington is committed to reducing the generation of solid waste v�ithin the community by working to: (1) Educate residents to reduce the solid waste they generate; (2) Accelerate recycling and composting efforts; (3) Commit the remainder of solid waste to waste-to-energy(resource recovery)disposal;and (4) Reduce the toxicity of the waste stream. C. Town Meeting has established a requirement for the mandatory separation of certain recyclable materials from the ruUUish of Lexington residents. School Uuildings and puUlic Uuildings are included in this program. Apartments and condominiums also participate.Residents are encouraged to reduce the volume of packaging they Uring home and to buy and use recycled products in order to support markets for recyclaUle materials. §181-58.Types of waste. The Town of Le�ngton collects the following categories of waste: A. Recyclable waste(every sEke�week curbside collection).Consult the annual recycling infoimational brochure for an up-to-date listing of the materials that may be included in the recycling bin. B. Nonrecyclable solid waste (regular weekly curbside h�ash collection). All garbage and rubbish that is not considered either recyclable or hazardous waste or is not listed in� 181-61E.See§181-61 for details. C. Household hazardous products disposal(10 collection events annually).Household hazardous waste includes any products or mateiials that can be toxic(poisonous),corrosive,flammable or reacrive(explosive). See § 181-62 for details. D. White goods pickup(curbside appliance pickup).Appliances are collected curbside by appoinhnent only.5ee § 181-63 for details. E. Yard waste (curbside, drop-off facility and home composting). Disposal options for approved yard lvaste include curbside collection for three weelcs in the spring and 10 weeks in the fall,drop-off(see§ 181-64 for details)and hoine coinposting(see§ 181-66). F. Christmas trees(curbside trash collection and drop-off recycling).Christmas trees may be disposed of ttuough the curbside collection ofregular trash or bp dropping them off for recycling(see§ 181-65). §181-59.General rules applying to all curbside collection. A. Where to place containers.Collection occurs at the curUside.Place trash containers or recycling Uins(with at least eight feet between them)parallel to the curb,not going up the driveway ar walk. Waste will not be removed from inside houses, garages or other enclosures. Residents should be aware of winter plowing operations and place their refuse containers�vhere they will not impede sidewalk plows or be toppled bp street plows. B. When.Place the containers at curbside no later than 7:00 a.m.on the collection day.Remove empty containers within 12 hours of the collection.Collection vehicles will not return to an area after the trash or recyclables in that area have been collected. C. Holiday collection.Regular waste and recyclables are not collected on legal holidays.Therefore,do not put waste at the curbside on a holiday.During a week when a holiday falls on a collecrion day,the weekly collecrion moves fonvard one day.For example,if a holiday falls on a Monday,waste is collected Tuesday ttuough Saturday of that week;if a holiday falls on a Tuesday,waste is collected on Monday and Wednesday throunh Saturday of that week Your recycling brochure lists all legal holidays affecring trash collecrion. D. Sanitary conditions.Before and after collection,residents are responsiUle for maintaining safe and sanitary conditions at the collection site.Residents must remove refuse from spills or broken containers prior to the collection.The contractor will not collect loose refiase.Dog and/or wild animal complaints can be reported to the Animal Control Deparhnent at 862-0500 extension 240 during nonnal work hours. E. Scavenging.Scavenging ar picicing through trash or recyclables is prohibited. F. Penalties. Violation of these rules may subject a resident to penalty provisions under Town Bylaws and adopted regulations of the Select Board.lf recyclable waste appears in a regular trash container,the Town will not collect the resident's regular trash. [Amended 3-27-2019 ATM by Art.34] §181-60.Rules for curbside recyclables collection. Mandatory separation of certain recyclable materials from the regular trash by Lexington residents was established by Town Meeting in 1988.An annual informational recycling brochi�re is mailed to all Lexington households. A. Containers.As part of the Lex-Recycle programs,the Town provides each new household with a recycling bin (provide proof of new residencp to pick up free bin).Everp household must use at least one Lex-Recycle bin. Additional recycling bins are available for a fee.These are available at the Public Works Building,201 Bedford � Street,weekdays from 7:30 a.m.unti13:30 p.m.��-ua`��*a^�*��o��'�"' B. Recyclable waste preparation.Follow these rules when preparing and putting out recyclables,placing glass, metal,plastic and aseptic containers in the bottom of the Lex-Recycle bin,with bagged,��e��.�a nv-oa„�.�ia.,V y,up a,,,c nv,; �r r,„�,;y„pr bundled paper on top or beside the bin. (1) Glass. Clear, green and brown food and beverage containers. Rinse clean. Remove lids, caps, carlcs, plastic sleeves,ete.Paper labels are acceptable.Do not recycle broken glass. (2) Metal. Aluminuin and steel(tin)food and beverage cans. Rinse clean. Crush to save space. Discard cutout lids or secure within can by crushing. Paper labels are acceptable. (3) Plastic.Narrow-necicbottles with No��,.1 er�da-2��vuaN �within the recycling symbol:water,juice,millc, soda and detergent bottles. Rinse clean, remove lidshieck rings, crush or nesk Paper labels are acceptable. (�) Aseptia Milk and juice cartons/boxes.Empty and rinse clean.Remove straws. (5) Mixed paper. Place newspapers/inserts,junk mail,oiiice paper, book pages,chipboard boxes(empty and flattened),sinnle magazines,catalogs or phone books in brown grocery bags.Magazines,catalogs or phone books may be tied up to twelve-inch stacks.Break down and tie corrugated cardboard 30 inches square maximum.No plasric bags are recyclable. C. ltems that will not be collected. Refer to the annual recycling informational brochure for the items the recyclable waste contractor will not collect. D. Where.Put the recycling bin(s)at curbside,six to eight feet away from the regular trash containers. E. When.Collection of recyclable waste in the Lex-Recycle bin occurs every week,on the same day as the regular waste pickup.Consult the aunual recycling informational brochure for calendar schedule ��.,i i��'t-��. F. When moving.The recycling bin should be turned in to the Public Works Deparhnent at 201 Bedford Street. §181-61.Rules for collection of nonrecyclable solid waste. A. Approved containers.Put all waste in approved containers only.Do not stuff containers beyond then-capacity or have items protruding out of the top of the bairels.Cracked ar broken containers that are empty will be collected as waste.All containers are used at the owner's iisk.Approved containers include: (1) Plastic bags that are at least 1.5 inils thick.The bags must not exceed three cubic feet(30 gallons)in content or 40 pounds in weibht.The bags must be tightly sealed or tied. (2) Metal containers should be watertight and rust-resistant and haue handles and tight-fitting covers.The containers must not exceed tln�ee cubic feet(32 gallons)in content or 50 pounds in �w01gh1�. ,,— Commented[JM1]:I spoke to Dave Pinsonneault today and he indicated this is corxect(he confixmed with Robert (3) Plastic barrels must be heat-and water-resistant and must have handles and tight-fitting covers. Beaudoin). Da�e indicated some residents use laraer They must not exceed three cubic feet(32 gallons)in content or 50 pounds in weight.The waste containers but thar rl�ey don'r enforce it untess i�Is a contractor is not responsible for plastic containers that crack during cold weather. problem. B. Number of containers. The a*aste contractor will pick up a maximum of six approved containers per week, one bulky item object (see Subsection D) and five bundles of branches over one inch in diameter(for preparation see Subsection E). C. When moving. The regular waste cont��actor will pick up additional trash containers in excess of the maximums listed in Paragraph B when residents are moving or cleaning out basemeuts,etc.Residents must call the contractor to notify them in advance of their regular collection day.The waste conri•actor does not make special pickups. D. Bulky objects.Bulky objects will be collected at curbside on the day scheduled through the contractor. A bulky object is anything that will not tit into an approved container(Subsection A), such as a television set,automobile tire(without rim),storm door,lawn furniture,barbecue grill,mattress,box spring,rugs(cut in four-foot lengths,rolled and tied),etc. E. Waste preparation.Follow these rules when preparing and putting out H aste: (1) Drain all liquids from food waste before putting it into the waste container. (2) Wrap food waste securely in plastic bags,such as old bread or supermarket bags. (3) Make sure no waste material protrudes above the top of the container. (4) Window glass should be taped to prevent shattering. (5) Keep waste containers in a sanitary condition,covered and/or tightly sealed.. (6) Cut tree branches and limbs no less than one inch and no more than four inches in diameter into thre�foot lengths and tie in bundles. Bundles must not exceed 50 pounds in weight and 24 inches in diameter.Maximum of five bundles per pickup. (7) Wooden objects such as picnic tables,f'ence parts and scrap wood should also be cut into three- foot lengths and tied in bundles. (8) Scrap metal such as fence posts, railings, dismantled swing sets, aluminum ladders or lawn furnitare should be biroken down and seairely ried before putring at curbside. Pickup will be scheduled through the waste contractor. (9) Lawn mowers � b � . (10) Latex paint must be completely dried out(solidified)before placing in regular trash.Use lcitty litter or a similar dryiug agent to speed up process. (11) Oil-based paints with less than two inches of residue may also be dried out and disposed in h-ash. F. ltems that will not be collected by the waste contractor: (1) Dead animals or animal waste. (2) Hazardous waste products(see§ 181-62 for description). (3) Biological or infectious wastes,medicines and medical devices. (4) Itnproperly packaged medical shatps. (5) Automotive parts,such as batteries,Uody parts,engine blocks,fenders,frames,tire rims,gas tanks,transmissions,etc. (6) Logs and tree stumps. (7) Yard waste(see§ 1 R 1-64 for disposal of yard waste). (8) Any propane tank(for disposal,see�181-62). (9) Recyclable waste. (10) Building and/or consn•uction debris,e.g.wood,asphalt,concrete,etc.Building contractors are respousible for the proper disposal of all constmction and building material or offer debris left from their work,such as wood,beams,shingles,plaster,asphalt,concrete,earth and gravel,etc. The Town of Lexington has no facilities for disposal of consh•uction materials and the regular trash contractor will not remove it as residential waste.Please consult the Yellow Pages for disposal contractors. (11) All other items prohibited by state rn•federal law or regulation. G. Unacceptable containers. The waste contractor will not pick up waste in unacceptable contaniers. The Town of Le�ngton and the waste conhactor assumes no responsibility for waste that is not put out in approved containers(see Subsection A).Unacceptable containers include: (1) Cardboard barrels,cartons and crates. (2) Plastic bags other than those described under Subsection A. (3) Containers without handles or lids. (4) Containers with waste protiuding above the top. (5) Lawn carts or wheelbarrows. (6) Oil dnuns. (7) Open baskets or boxes. (8) Paper bags. §181-62.Rules for disposal of household hazardous products. The Town of Lexington has joined with seven neighboring communities to address the problem of household hazardous products disposal. In order to keep these materials out of the waste stream and the envn-onment,residents are encouraged to deposit them at the Minuteman Household Hazardous Products Facility on the scheduled event days.Some of the products that should be separated from your recyclable or regular trash are listed below.For proper disposal of any hazardous waste not listed below or listings of � dates,contact the Board of Health,4�� ncnn a.,�aK�,,.,,�nn A. L,ocation.The Minuteman Household Hazardous Products Faciliry is located on Hartwell Avenue,at the site of the DPW Composting Operation and the former landfill. The entrance to the facility is located opposite Maguire Road on Hartwell Avenue. B. Hours of operation. Collections occur on 10 Saturdays (at least once a month) from April to November.Hours of operation are 9:00 a.m.unti13:00 p.m.Residents will receive an annual recyclina informational brochure through the mail indicaring the dates when the facility will be open, along with instiuctions for bringinn the waste. C. Products.Hazardous waste includes any products or materials that can be toaic(poisonous), coirosive,flammable or reactive(explosive).Collecrion events include but may not be limited to the following products.Consult the annual recycling informational brochure for up-to-date product listing and limits. Cleanine Products Bathroom cleaners Drain openers Oven cleaners Metal or furniture polish Spot removers Automotive Products Motor oil and oil filters Brake or h-ansmission fluids Antifreeze Solvents Auto batteries Polishes and wax Pesticides Weed killers Fungicides and herbicides Insecticides,pest strips Fertilizers with weed killer Wood preservatives Rat poisons Paint and Paint Products Paint and Paint Thinners Paint removers Stains and varnishes Epoxies and adhesives Aerosol cans(with product) Other Products Batteries Fluorescent lights Thermostats Driveway sealer Pool chemicals Hobby or photography chemicals Propane tanks(up to 22 pounds) Waste fuels(e.b.gasoline) Do Not Brin� Explosives Asbestos Ammunition,fireworks Commercial hazardous waste Empty aerosol cans Fire extinguishers Gas cylinders Infectious or biological wastes Medicines or syringes PCBs Radioactive materials Smoke detectors Tires §181-63.Rules for white goods disposal. Refrigerators,stoves,microwave ovens,dishwashers,washing machines,clothes dryers,water heaters,air conditioners and dehumidifiers are collected curbside by appointment only at no additional charge.Doors must be removed from refrigerators. Collections are currently scheduled once a week. Call the waste contractor to schedule a pickup. §181-64.Rules for disposal of yard waste. A. State solid waste management regulations prohibit the disposal of yard waste in landfills and incinerators.Lexington has developed several options for disposal of approved yard waste.Approved yard waste includes: (1) Leaves. (2) Grass clippings. (3) Flower and vegetable plants. (4) Wood chips. (5) Pine clups. (6) Pine needles. (7) Hedge clippings. (8) Brush one inch or less in diameter. B. Yard waste curbside collection. Yard waste is collected at curbside during the spring and fall collection period in a separate truck by the regular waste contractar and transported to the Town compost site at the Hart�*ell Avenue Recycling Facility. (1) Containers.Yard N�aste must be placed in open trash barrels or biodegradable paper bags and must not be mixed with regular h-ash.Yard waste in any other containers will not be collected. (2) Where and when. Place yard waste (in open barrels or biodegradable paper bags sold by 1oca1 merchants)containers cw�bside at least eight feet away from regular trash containers on the regular trash collection day during the three-week spring or ten-week fall collection period.Consult the annual recycling informational brochure - - ��n �-oaK�, �Vu�; V�"V"�� R��uo��a �,a� ,,„�-�F lq �uuo��xuu;?iu�d�rui�y-for exact collection dates.Yard waste placed at curbside priar to or after the yard waste curbside collection period will not be collected. b . b t C. Town compost drop-off site.Residents may bring approved yard waste in any container to the Hartwell Avenue Recycling Facility across from Maguire Road. After the container is emptied, it must be removed from the area(biode�-adable paper bags are the only exception to this rule). (1) Hours.The recycling area is open for yard waste disposal from April to mid-December during the following hours:Monday through Friday,7:30 a.m.to 3:00 p.m.;Sunday,8:00 a.m.to 5:00 p.m.lt is also open the Saturday before Easter Sunday from 8:00 a.m.to 5:00 p.m.and closed Easter Sunday and open from R:00 a.m.to 5:00 p.m.on all Saturdays in November. (2) Contractors employed by Town residents may also dispose of approved yard waste at the recycling area.Contractors must purchase a yard waste permit sricker during business hours at the DPW Operations Facility at 201 Bedford St��eet.Permit sticker fees are dependent upon the size of the vehicle. Conh�actors who do not obtain a permit or who provide false information will not be allowed to enter the area. Punch cu-ds for occasional disposal of up to 10 yards (one-yard increments)of yard waste or for dumping brush from one inch to three inches in diameter are � availablefor°�`-`�`��,y�r�)��.ti�ru�v.,h�ap,pu,ni,�ti.aD n�,hBu��<. �B�°,°il V �r�-uo+.�. D. Composted product available to residents.At the Recycling Facility,yard waste is composted,mixed with peat and loam,and used in padc,ceinetery,recrearion and highway projects. Compost is also available in small amounts for home use at little or no cost to residents.Bring your own container. §181-65.Disposal of Christmas trees. Residents may dispose of Christmas hees for the first two weeks of 7anuaiy by placing them c�u•bside with their regular trash for collection and incineration.�r�u�om��*��T'��ff��'�a��Nru .,r�uo�Ifrecycling,please remove all objects fi•om tree:ornaments,rinsel,nails,wue,tacks,plasric bags, twine or rope.These items are dangerous to employees and equipment��hen trees are being chipped.No wreaths or roping may be recycled. §181-66.Composting bins. Le�ngton has received a state grant from the Department of Environmental Protecrion to distribute home � compostingbinsata~�.'"��a~�'�.,�fiN�cr�,,,�..r.4�;�°�^>qsu�,Iu,qi��:�V,�w�y�nu�°��ti;�Nfiaup��¢u�;;�-�t�i.Purchasebins at the DPW at 201 Bedford Sn-eet and then pick them up at the H�u-twell Avenue Dump dm-ing its business hours (Monday through Fiiday 7:30 a.m. to 3:00 p.m.). An infortnation brochw-e is available from the Department ofPublic Warks to make compost. AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Record Select Board Cominittee Liaison Assignments ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY: Category:Decision-Making Most Select Board Liaison assignments will remain as assigned in 2022 with a few adjustment as noted in the attached. Attached is the full list of Select Board Committee Liaison assignments to be effective as of July 1, 2023. SUGGESTED MOTION: To record the Select Board Members committee liaison assignments as proposed to be effective July 1, 2023. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type L� �Q��3^�c;➢a.n��t h��u�i�v.na�utta°a,ll..i uu>�nuu:l,�s>��i�,e�ur�zrti��, ]�s:xa;dcu��T 1�Im�fl+�m'u�1 2023 Board 2023 Assignment, Reallocated Committee/Board Effective July 1, 2023 Select Board role Council for the Arts Doug Lucente Liaison Design Advisory Committee Doug Lucente Liaison Economic Development Advisory Committee Doug Lucente liaison Lexington Center Committee Doug Lucente Liaison Munroe Center for the Arts Board Doug Lucente Point of contact Tourism Committee Doug Lucente Liaison Town Celebrations Committee Doug Lucente Liaison Youth Commission Doug Lucente Liaison Yes Economic Development Advisory Committee Jill Hai liaison Yes Housing Partnership Board Jill Hai Liaison Yes Lexington Housing Assistance Board (LexHAB) Jill Hai Liaison Yes Small Business Round Table Jill Hai Liaison (2) Sustainable Lexington Committee Jill Hai Liaison Yes Transportation Advisory Committee Jill Hai Liaison Yes Ad Hoc Transportation Committee (2/2023 appt) Joe Pato Liaison Appropriation Committee Joe Pato Point of contact Yes Capital Expenditures Committee Joe Pato Point of contact Yes Historic Districts Commission Joe Pato Point of contact Yes Historical Commission Joe Pato Point of contact Yes Noise Advisory Committee Joe Pato Liaison Yes School Committee Joe Pato Point of contact Yes Town Report Committee Joe Pato Liaison Yes Traffic Safety Group Joe Pato Point of Contact Yes Tree Committee Joe Pato Liaison Bicycle Advisory Committee Mark Sandeen unspecified Yes Board of Health Mark Sandeen Point of contact Commission on Disability Mark Sandeen Liaison Communications Advisory Committee(CAC) Mark Sandeen Liaison Yes Human Rights Committee Mark Sandeen Liaison Permanent Building Committee(PBC) Mark Sandeen Liaison Yes Battle Road Scenic Byway Committee Suzie Barry n/a Council on Aging Suzie Barry Liaison Yes Greenways Corridor Committee Suzie Barry Liaison Monuments and Memorials Committee Suzie Barry Liaison Recreation Committee Suzie Barry Liaison AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair C.3 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the following set of minutes: • June 5, 2023 Select Board • June 5, 2023 Select Board/School Committee Joint Meeting • June 12, 2023 Select Board • June 21, 2023 Select Board SUGGESTED MOTION: To approve and release the following minutes: June 5, 2023 Select June 5, 2023 Select Board and School Committee Joint Meeting, June 12, 2023 Select Board, and June 21, 2023 Select Board. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ ➢�9�tfVQ'➢"dl��D7'dD)3�ra,l��kr�aua:V.P1fun�ut4;t. ��VcttpnlV6:u�t�uod�.1 ❑ ll�aC,hV"V'�J��D.77.>wP�aurr�`�;➢��a6.'MluitaaGt4;<, �3;t¢;O;ttp`rll�lobkc;�u<i1 ❑ ➢�9�tfVQ'➢"dl�rV"dD)3�ra,l��kr�aua:V.P1fun�ut4;t. ��VcttpnlV6:u�t�uod�.1 ❑ ll�aC,hV V'�J�t,7..07�1�73�aa;le;�k�k,on�u:flMluitaaGt�s �3;t�;0;ttp`rIl�lobkc;�u<i1 SELECT BOARD MEETING June 5,2023 A meeting of the Lexington Select Board was called to order at 6:31p.m. on Monday, June 5, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Mr.Pato, Chair; Ms. Barry, Vice Chair, Mr. Lucente,Ms. Hai, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and Ms. Prizio,Department Assistant. PUBLIC COMMENTS Melinda Walker, 14 Larchinont Lane, expressed concern regarding the notice she received about the Housing Feasibility Study on Town-owned land at the Depot parl�ing lot at 173 Bedford Street. She noted that the Lexington Housing Authority was left off the list of stakeholders. She explained that the timeline to build an affordable housing proj ect on this site could take as long as 15-20 years. She finds this amount of time to be untenable. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Mr. Lucente noted that the Lexington High School Graduation toolc place yesterday and 579 new Lexington High School graduates walked across the stage. He also recently attended an MMA webinar on regulating comments at public meetings. He would like to consider this information with Mr. Sandeen for potential policies. Ms. Bai7y noted that last Thursday evening,the second 250th Anniversary Celebration collabarative meeting was held in Concord. She hopes to discuss the schedule of events to take place in Lexington in 2025 at a future meeting. Mr. Sandeen noted that he recently attended a Bicycle Advisory Committee meeting as liaison from the Commission on Disability. This was a second joint meeting for the groups to discuss how to work together to propose solutions that would find common ground. Mr. Pato noted that the next Board meeting will be a working session to address how to proceed with the goal setting process. He would like Znembers to consider how to produce clear, actionable goals for the next two years. Regarding liquor licensing,he stated that he would like to ask staff to draft a set of regulations for businesses in Town that offer BYOB but are not a food business or club for the Board to consider at a future meeting. There were no objections to this item. DOCUMENTS: Select Board Concerns and Liaison Reports -May 22, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy explained that,regarding the solar canopy,the HDC has stated that it is not their place to determine which of the two current designs should move forward. The Board should likely weigh in on this topic prior to the next HDC meeting in July. This will be placed on the next Board agenda and all of the associated abutters will be invited to the meeting. Mr. Pato expressed concern over the tight timeline. He does not want to propose a design to the HDC that it might then object to. He would like to hear more from the HDC on its preferences. DOCUMENTS: Weekly Update 5-26-23, Weekly Update 6-2-23 CONSENT AGENDA 1. Dissolve Center Streetscape Design Review AdHoc Committee To dissolve the Center Streetscape Design Review Ad Hoc Committee. 2. Approve Select Board Meeting Minutes • May 15,2023 Select Board • May 15,2023 Joint SB/SGCEC/AC Meeting • May 22,2023 Select Board To approve and release the minutes far the May 15, 2023 Select Board meeting, the May 15, 2023 SB/AC/CEC/SC Joint Meeting, and the May 22, 2023 Select Board meeting. DOCUMENTS: DRAFT 05152023 Select Board, DRAFT 051523 Joint Meeting SB,AC, CEC, SC, DRAFT 05222023 Select Board 3. Application: One-Day Liquor License—Rotary Club of Lexington, Inc., 1605 Massachusetts Avenue • Annual Comedy/Music Night To approve a One-Day Liquor License for the Rotary Club of Lexington,lnc. to serve beer and wine in the lobby outside of, and the hallway to the left side of,Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the Annual Comedy/Music Night on Friday, June 16,2023 from 6:30pm to 10:30pm. DOCUMENTS: Rotary Club of Lexington, Inc. Event Location Map 4. Application: One-Day Liquor License—Lexington Education Foundation, 24 Lincoln Street • Lexington Education Foundation's Annual Celebration for Education Weekend Fundraiser To approve a One-Day Liquor License for the Lexington Education Foundation to serve beer,wine and spirits at Hayden Lower Athletic Field along Worthen Road, 24 Lincoln Street, for the purpose of the Lexington Education Foundation's Annual Celebration for Education Weekend Fundraiser on Saturday, June 10,2023 from 7:OOpm to 11:OOpm. DOCUMENTS: LEF Event Location Map 5. Applications: One-Day Liquor Licenses—Wilson Farm, inc., 10 Pleasant Street • (2)Dinner in the Field To approve two One-Day Liquor Licenses for Wilson Farm, Inc. to serve wine for the purpose of their "Dinner in the Field" events to be held immediately outside of the Farm Greenhouses (specifically, Greenhouse#7) at Wilson Farm, 10 Pleasant Street, from 5:30pm to 9:OOpm on the following dates: Thursday, June 22,2023 Thursday,July 20,2023 DOCUMENTS: Wilson Farm,Inc. Event Location Map 6. Approve and Sign Proclamation—Pride Month To approve and sign a proclamation recognizing the month of June annually as Pride Month. DOCUMENTS: 2023 Pride Month Proclamation, 2019 Le�'ride Pride Day/Pride Week Proclamation VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Corrunon Victualler License—CFHA— 1050 Waltham Street d/b/a Craft Food Halls, 1050 Waltham Street Mr. Pato explained that the Select Board is being asked to approve a request for a Common Victualler License for CFHA- 1050 Waltham Street d/b/a Craft Food Halls, 1050 Waltham Street,for the hours of 7:OOam to S:OOpm Monday through Fi-iday for seating in a new, cafeteria-style restaurant. The applicant has worked with the Department of Public Health,Building Department and Zoning Department for their respective required permits and inspections. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve a Common Victualler License for CFHA- 1050 Waltham Street d1b/a Craft Food Halls, 1050 Waltham Street,for the hours of 7:OOam to S:OOpm Monday through Friday. DOCUMENTS: Craft Food Halls Site Plan with Seating 2. Review and Approve Request for Disposition of Surplus Property Policy Liz Mancini,Purchasing Directar, stated that, similar to the Designer Selection Policy,the Town is required to adopt a policy that guides the disposition of surplus personal property. She presented a model policy recommended by the State and staff,which is consistent with Lexington's past practices. Mr. Sandeen asked about the distinction between items that are trash and when items should follow the policy. Ms. Mancini explained that the policy defers those decisions to Department Heads. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to adopt the Disposition of Surplus Supplies and Furniture Policy as attached. DOCUMENTS: Disposition of Surplus Supplies and Furniture Policy 3. Review and Approve Request for Designer Selection Policy Ms. Mancini stated that,per communications with the Inspector General's Office,it is required that the Town adopt a policy related to desib er selection for construction projects. The Town follows the model policy but has not formally adopted the policy. Mr. Sandeen stated that he would like to see this policy reviewed with the School Committee and other fellow stakeholders. Jon Himmel,EDC, stated that he believes this policy needs to be tightened up, so that anythinb funded through the Town,particularly through CPA,needs to be brought under it. There needs to be some collaboration between this and the Integrated Design Policy. It was noted that work would be done on this policy before being brought back before the Board. DOCUMENTS: Designer Selection Policy 4. Joint Meeting—Select Board& School Committee • Review and Discuss Recommended Updates to the Integrated Building Design and Construction Policy Present for the Select Board(SB): Mr. Pato, Chair; Mr. Lucente,Ms. Hai; and Mr. Sandeen as well as Mr. Malloy, Town Manager; and Ms. Prizio, Department Assistant. Present for the School Committee (SC): Ms. Cuthbertson, Chair; Mr. Freeman; Dr. Hackett, Superintendent of Schools; and Ms. Jay. Ms. Cuthbertson called the School Committee meeting to order at 7:23pm. Todd Rhodes, Sustainable Lexington Committee Vice-Chair, and Jon Himmel,Perinanent Building Committee Chair,presented proposed updates to the Integrated Building Design and Construction Policy and its Attachment A. The proposed changes are an effort to keep the policy up to date with current best practices a.nd performance standards for health, energy, and resilience. The lntegrated Building Design and Construction Policy requires a review and approval of any amendments every three years to ensure it remains up to date and relevant. This presentation is for information only at this point in time and will come back to both the Select Board and School Committee with any appropriate edits based on the discussion on June Sr''. Mr. Rhodes explained that the Sustainable Design Policy was first approved in 2007. That evolved into the Integrated Design Policy that was approved by the Select Board and the School Committee on October 7, 2019. Integrated design in 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. It has been three and a half years since the original adoption, and with new building projects pending, for example,the High School,this is an appropriate time for an update. The Permanent Building Committee and Sustainable Lexington Committee have worked together to develop edits and additions to refresh the policy. He reviewed the proposed changes to the policy. Jon Himmel reviewed the proposed changes to the checklist associated with this policy. He explained that the decisions made early on have everything to do with the final tradeoffs. Ms. Jay asked if potential architectural firms are given this Integrated Design Policy during the designer selection process and what the expectation is during the design selection process for them to show capability to meet to meet these obj ectives. Mr. Himmel stated that it was part of the package for the High School project. If the selection criteria were not demonstrated by the potential firms,they likely would not be chosen. These skills would likely come from the firm's staff or using subconsultants. In response to a question from Ms. Jay, Mr. Himmel explained that designers are usually comfortable with this policy process. Lexington has added some additional elective requirements to its checklist, but other items are requirements that must be met. Ms. Barry asked at what point projects get locked into Attachment A of the policy. Mr. Cronin explained that new requirements that come up during the process will be evaluated versus the budget. If certain criteria do not meet the budget,these will be evaluated and considered along the way. Mr. Himmel stated whatever list is issued at the time of the contract is what will go forth. Ms. Hai and Ms. Cuthbertson suggested considering some flexibility in the language in the document to make sure that the Town is not cornered into certain requirements. Dr. Hackett asked how the Integrated Design Policy will work between two different consultants, one for the OPM and one for the designer. Mr. Himmel stated that, if a designer was working on a LEED-rated project elsewhere,it would likely have a sustainable consultant on its team.For both the Police Station and Fire Station,the architect did have their own sustainable consultant that was performing that task. In consultation with Mr. Cronin, Mr. Himmel suggested that the Town retain an outside entity, a green engineer,to wark directly with the Town and advise how to push harder on the design team to get more sustainability. Having two consultants allows for one to be the coach and the other to be the athlete. Mr. Pato asked that additional questions and comments be sent to Mr. Malloy. Unless substantive changes are made to the document,this item will be voted at a future date separately by each board. Mr. Sandeen expressed gratitude to the Department of Public Facilities, Permanent Building Committee and Sustainable Lexington for worl�ing so well together on using and updating this policy. The joint meeting adjourned at 8:OSpm. By roll call,the School Committee adjourned their members. The Select Board continued with its regular meeting. DOCUMENTS: Redlined integrated Building Design&Construction Policy, Attachment B Workplan Guidance,Attachment A Combined LLex and LEED,Attachment A Combined LLex and LEED Redlined,Attachment A 2019,Presentation 5. Discuss American Rescue Plan Act(ARPA)Requests Mr. Malloy explained that there are two requests before the Board. LexHAB has requested$625,000 to purchase the house at 93 Woburn Street. The Select Board approved the purchase at a previous meeting. The Select Board discussed both full and partial funding. This is consistent with the Select Board's nexus to address affordable housing issues. Secondly the Lex250 Committee has been seeking to establish funding that would cover both planning and staffing for the event in 2025. Concord set aside $500,000 of their ARPA funds for the purpose of covering these costs, including hiring a regional coordinatar to assist in the logistics of planning a large event. This is consistent with the Select Board's nexus as an economic stimulus investinent that should promote local business for a 1-2-year period. Any other ARPA requests will be coming before the Select Board at a meeting in July. lncluded in this request will be the second year of setting aside funding for food insecurity and participatory budgeting. In both instances, staff will be loolcing for the Board to consider whether to continue funding these two items. There have been previous discussions regarding purchasing an electric trolley for the Liberty Ride, but for the time being, staff is not requesting any funds for this purpose. Internally, it has been determined that the Town does not have the capacity to bring this service in-house, hire/manage drivers, nor is there sufficient charging infrastructure at this time. Sarah Morrison, Executive Director of LexHAB, emphasized the urgency to increase affordable housing stock. The property in question is quite unique. Until LexHAB becomes an independent 501(c)(3) organization, acquiring existing property is the only way to increase affordable housing stock. Ms. Hai stated that the Board previously considered split fundinb, where ARR_A funds are used for a substantial down payment and some amount of the cost is carried either through a mortgage and/or rental payments. This would be a single addition to the portfolio, and she would like to consider how to leverage funding to go further. Bob Burbidge, Chair of LexHAB, explained that when this idea was first broached with the Board interest rates were much lower and the model that was established would have enabled LexHAB to justify multiple purchases. Unfortunately, interest rates have since raised dramatically. This is a grea.t opportunity to purchase a property that fits the model. Bob Pressman, 22 Locust Avenue, stated that consideration of the Vine Street project is also essential. A funding approach for the Vine Street project has not yet been identified. Mr. Pato noted that the Vine Street project is not in question at this time. He asked Mr. Pressman to submit any further comments in writing. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve spending $625,000 toward the LexHAB purchase of 93 Woburn Street. The Board next addressed the request for the Lex250 Committee. Ms. Barry explained that funding from the federal government thus far for the 250rh Celebration is not existent. The group was lucky enough to receive a$50,000 eai7nark from State Representative Ciccolo. Approximately$36,000 of this was spent. Ms. Ciccolo also proposed an amendment to the House Budget for $250,000, specifically for Lexington, and in the House Budget process that was reduced to $125,000. That amount is still sitting there but has yet to be reconciled. The Town received$75,000 from last fall's Special Town Meeting,with the largest portion of that going toward the website. Lexington is now collaborating with Arlington, Lincoln, Concord, and the National Parlc Service to bring the Battle Road into the spotlight. The groups are working to create a collaborative schedule far Patriots Day weekend 2025. At the last working meeting,Police,Fire, and DPW committed to a unified approach for this project and to not operate in silos. Barry Cunha, Lex250 Member, explained that there are four major areas being considered for funding including marketing events,DPW,public safety, and staffing/supplies/etc. Ms. Barry explained that the budget numbers for this were considered in collaboration with Ms.Iyer, Mr. Malloy, and Mr. Pinsonneault. The Committee is being tasked with the time period from Fall of 2024-July of 2026. Mr. Pato stated that he struggled with tinding a nexus for this request to ARPA funding. However,there are additional costs that the Committee is incurring in the designs to accommodate for changes from post pandemic activities. Mr. Lucente stated that the pandemic shifted the focus from topics such as planning for the 250�' Celebration. He stated that the Board owes it to the community,businesses, and local economy to try to malce this the best event it can. These events need to be solidified through funding. He believes this funding can be seen as an investment and will be returned back through the local economy. Ms. Hai stated that one of the legs of ARPA was economic recovery. This is a way to support businesses. as well as Lexington itself,through Uringing in economic developinent. There is a suggestion to use some MEPC regional funding for this item. Lexington needs to do its part in this comprehensive plan. Mr. Sandeen asked about the timing for using the proposed$500,000 and if additional funding will be needed. Ms. Barry explained that some of the money will be spent in the very near term. The event money will bring the group closer to the event. This is not all of the funding that will be needed. Private fundraising will be sought through each town. She noted that Concord is not using any taxpayer funds at the moment for this item. Dawn McKenna, 9 Hancock Street,noted that marketing will be very important for this to make the economic recovery nexus that is key. She is concerned that everyone is vastly underestimating the visitor ship that there will be through this event. This is the best possible thing that can be done to support local businesses. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve $500,000 for the Lex250 Committee for planning and staff'ing the 250th Anniversary of the Battle of Lexington in 2025. DOCUMENTS: ARPA Spreadsheet, Lex250 Presentation 6. Presentation—Tree Canopy Study Jarlath Patrick O`Neil-Dunne&Marie Bouffard,UVM,reviewed the Tree Canopy Study presentation completed by the University of Vermont. Mr. O'Neil-Dunne stated that the objectives for this study were to quantify tree canopy coverage, map the change from 2014-2021, assess ecosystem services, and provide geospatial data to integrate this into the Town GIS for long term decision making. the good news is the Town's tree canopy is increasing. The bad news is some of the Town's larger forest patches are being broken up. The vast majority of the tree canopy is in residential land,the vast majority of the losses of tree canopy are in residential land, and the majority of the gains are in residential land. In 2014, the Town had 57%tree canopy, and in 2021,the Town had 60%tree canopy.From 2014 to 2021,the Town gained 639 acres of tree canopy and lost 318 acres. This is an overall absolute change of approximately 3%, with a net gain of over 300 acres. Compared to other communities, Lexington has a lot of tree canopy. He stated that plantings are important in creating an uneven aged,urban forest. Trees are an essential infrastructure when considering climate change. Mr. Pinsonneault stated that staff is working with the Tree Corrunittee on how to further this data. Mr. Sandeen asked about the cause of several fairly large areas of tree loss shown in the report. Mr. O'Neal-Dunne and Mr. Pinsonneault stated that in almost all cases those areas of large tree loss have been due to development activities. Mr. Sandeen asked about assessing the value of different types of trees, such as street trees or larger trees. Mr. Pinsonneault said that the Town is developing an urban forest management plan to address the value of planting trees in the most appropriate areas. Mr. Lucente asked how frequently the tree canopy should be assessed in this manner. Mr. O'Neil-Dunne suggested every five years, as trees are an essential infrastructure for the Town. Ms. Barry noted that other communities are planting 250 trees in honor of the 250th Celebration and she challenged Lexington to do the same. DOCUMENTS: Tree Canopy Study Report The Boa�d took a ftve-minute recess. 7. Approve Residential Solid Waste Regulation Amendment The Board reviewed the amended Residential Solid Waste Regulations, as discussed at previous meetings. All mentions of a fee-based curbside bulky waste regulation have been removed. Mr. Malloy noted that the Noise Bylaw indicates that commercial sanitation cannot start befare 6am. It was noted that this item would be tabled for additional questions to be addressed. DOCUMENTS: Residential Solid Waste Regulations-Redline 8. Discuss Lexpress Fare Restructuring Proposal Mark Andersen, Transportation Advisory Committee member, stated that the TAC recob izes that Lexpress involves approximately a$700,000 net Lexington taxpayer cost,providing about 25,000 rides, at a subsidy of$28 per ride, collecting only$15,000 in passenger revenue. Some additional grant money is obtained through the process as well. Due to the pandemic, ridership has declined, and costs have increased, so the cost efficiency is probably at a low over the last decade. There are passes available for Lexpress,with a list price of$260.Fewer than 10% of the passes which are purchased are at the $260 list price, due to a combination of subsidies and discounted rates.Fares currently range from$0-$2 per ride. Inspired by other communities, TAC is proposing marketing a new minimal cost pass; the goal of which is to increase ridership. Kunal Botla, TAC member, explained that the Committee reached unanimous consensus on the following recommendations far FY2024: $2 fare for all riders, and a$20 annual passes far all riders. Passes would run from July 1-June 30 each year. There will be a transition period until September 1 for anyone who has free daytime fares.Free rides will be eliminated henceforth. Mr. Botla stated that the Committee's analysis suggests that,with current ridership shifting to this pass, the revenue impact to the Town budget will be less than$10,000 per year. This recorrunendation has the potential to increase ridership and add taxpayer value by decreasing Town cost per ride. The Committee proposes making these $20 passes available through Town Offices starting for use starting July 1, 2023. The Committee is also working on a marketing and educational campaign to encourage utilizing Lexpress and the other transportation services available in Lexington, especially with the potential from this recommended pass. Ms. Barry asked if the$20 fee could be seen as a barrier to some and if there are suggested ways to deal with that. Mr. Botla stated that the demographic primarily getting free ridership at the moment is seniors during hours in the middle portion of the day. The proposal is to balance ridership throughout the day. He stated that he believes the Town will still provide subsidies as needed. Ms. Barry stated that she believes this needs to be made clear and that no assumptions should be made about who in Town can pay certain amounts. Ms. Hai stated that the country seems to have determined that individual cars and the infrastructure that supports them is somethinb that everyone should be paying for with taxes, but public transportation needs to be self=supporting for some reason. She stated that it is a good idea to see if this program can start to alter that by making public transportation more accessible and appealing to more people. Mr. Lucente stated that he would lilce to hear from the ad hoc committee but cautioned against making too many changes to the program. Mr. Sandeen stated that he agreed with the concerns raised by the previous Select Board members, and suggested that the $20 pass may not be going far enough. He suggested trying to make this free based on the objective of increasing ridership. He suggested that the marlceting value of making fares free would lilcely far exceed the value of the revenue generated from the $20 pass. Mr. Botla stated that, due to ADA and federal regulations around transportation funding, a minimum adult fare is still required. A fare-free system may fall under FY25 and the ad hoc committee's findings. Mr. Andersen noted that the root coverage and times of Lexpress are not adequate to provide a full public transportation system. It is hoped to embrace this new system as a way to gain data and insight for future success. Ms. Hai stated that she would like to review the marketing plan for this proposal. Mr. Sandeen suggested trying the free system until the report from the ad hoc committee comes back. Susan Barrett,Transportation Manager, explained that the Town does not operate its own ADA paratransit; the MBTA does that. The Town cannot inake Lexpress fares completely free because that would mean that the ADA paratransit would also have to be completely free. The ADA regulation is that the adult cash fare has to be at least half of the ADA paratransit fare. Ms. McKenna suggested that part of the marketing campaign could include information that financial support is needed to make sure the program continues. Most people across the world have better access to public transportation and she believes visitors to Lexington will explore that. It is important to implement changes now. Jay Luker, 26 Rindge Avenue, stated that he supports the $20 fare idea. He would buy a pass and lilcely use Lexpress for the first time. While he is a supporter of free fares,the value in the proposed effort is the data that may be gained. A free pass may skew that data. Pamela Lyons, 51 Grant Street, explained that the Lexpress routes were redesigned in March 2020 to minimize overlap with MBTA and expand coverage throughout Lexington. A $20 pass would introduce more people in Lexington to the areas of this coverage. There was a straw poll in favor of supporting the $20 pass, along with a marketing plan. The Board agreed to take up this item again at its next work session meeting. DOCUMENTS: Presentation-Lexpress Fare Proposal,TAC Recoinmendation 9. Discuss Bike Share Program Mr. Malloy explained that there is $263,000 in the transportation bond bill, earmarked for the Town of Lexington to move forward with a blue bike share program. This is subject to the Governor including this debt authorization in the actual debt issuance. There is also a$275,000 earmark for Lexington in the Economic Development Bill,which is not subject to the Governor issuing debt. The $275,000 is part of the Economic Development Bill(H.5374) and states, "that not less than $275,000 shall be expended for transportation improvements and updates in the Town of Lexington."The $263,000 is part of the Transportation Bond Bill(Ch. 176 of 2022) and states, "that not less than$263,000 shall be expended for a Bluebikes bike share pro�am in the town of Lexington." The Town is finalizing its contract details with the MADOT on the$275,000 and needs to provide them a proposed budget. Senator Friedman indicated to Ms. Hai that part of the $275,000 was also for consideration of a bike share program. Staff is developing proposals for the full $275,000,which will come before the Select Board for consideration in the coming weeks. The blue bike program would be beneficial, as it would connect Lexington with the Greater Boston blue bike program for bike sharing. However,the current requirement for this program is that the stations/hubs need to be within 3/4 mile and there is not one currently that close to Lexington. There may be some consideration in the future to extend that distance. An alternative bilce share program(Koloni)is currently being used in Concord and is being extended to Acton this year. This option has a much lower upfront cost, approximately$20,000. Staff is considering the smaller bike share program, in order to get an indication of whether there is interest in a bike share program in Lexington and whether it would be used. Staff recognizes that use in a Lexington/Concord/Acton program would be different than the usage in a Greater Boston Blue Bike program. The Board discussed having conversations with the blue bike pro�am to see if there are any options for Lexington. Ms. McKenna stated that there has been very little interest in Town for a bike sharing program. There would a huge cost and infrastructure that would need to be placed downtown for this type of program. Bridger McGaw,Precinct 6 Town Meeting Member and Vice Chau of the EDC, suggested speal�ing to Watertown which focused on using this as a as a mitigation method for all new developments. The operation costs can be high,but the stations can be moved around and organized intelligently. If the goal is to extend the route from Arlington, there is a good way to do this along the bike path. If the goal is bike share for the 250"'Celebration,there are companies that will rent bikes to the Town for these events. The Board agreed to hear more about this item at a future meeting. DOCUMENTS: Bluebikes Oveiview,ArlingtonBlueBikeUsage-Apri12023 10. Review Request to Add Two Full Members to Historical Commission Mr. Malloy explained that staff received a request from Robert Rotberg, Chair of the Historical Commission,requesting to increase the membership of the Historical Commission from five members to seven members. An email from Town Counsel cited the statutory authority to increase the Historical Commission to seven members. Ms. Barry noted that the Board generally does not increase membership. She asked what this request is based on. Nlr. Malloy stated that it is believed this may give them an easier chance at getting a quorum. Mr. Sandeen agreed that there is nothing in the request that explains why additional members are needed. The Board agreed not to vote on this request at this time. DOCUMENTS: HCRequest, Historical Commission Charge Redline Amendment 11. Approve Collective Bargaining Agreement-Fire Union(IAFF Local#1491) Ms. Bar�ry recused herself from this item and exited the meeting. Mr. Malloy reviewed the Memorandum of Agreement(MOA)reached through the Joint Labor- Management Committee(JLMC) 3A process between the Town of Lexington and the Lexington Firefighters, IAFF Local#1491 for the period July 1, 2022 through June 30, 2025. The MOA is consistent with previous discussions and vote of the Select Board in executive session. This includes a 2% COLA per year and a new step for firefighters. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the contract amendments reflected in the MOA between the Town of Lexington and Lexington Firefighters, IAFF Local#1491 for the period July 1, 2022 through June 30, 2025. DOCUMENTS: Firefighters MOA ADJOURN VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to adjourn the meeting at lO:Olpm. A true record; Attest: Kristan Patenaude Recording Secretary JOINT MEETING SELECT BOARD & SCHOOL COMMITTEE June 5,2023 A remote participation Joint Meeting of the Lexington Select Board and the School Committee was called to order at 7:23 p.m. on Monday,June 5,2023 via hybrid meeting services. Review and Discuss Recommended Updates to the Integrated Building Design and Construction Policy Present for the Select Board(SB): Mr. Pato, Chair; Mr. Lucente,Ms. Hai; and Mr. Sandeen as well as Mr. Malloy, Town Manager; and Ms. Prizio, Department Assistant. Present for the School Committee (SC): Ms. Cuthbertson, Chair; Mr. Freeman; Ms. Jay; and Dr. Hackett, Superintendent of Schools. Todd Rhodes, Sustainable Lexington Committee Vice-Chair, and Jon Himmel,Permanent Building Committee Chair,presented proposed updates to the lntegrated Building Design and Construction Policy and its Attachinent A. The proposed changes are an effort to lceep the policy up to date with current best practices and performance standards for health, energy, and resilience. The Integrated Building Design and Construction Policy requires a review and approval of any amendments every three years to ensure it remains up to date and relevant. This presentation is for information only at this point in time and will come back to both the Select Board and School Committee with any appropriate edits based on the discussion on June 5�'. Mr. Rhodes explained that the Sustainable Design Policy was first approved in 2007. That evolved into the Integrated Design Policy that was approved by the Select Board and the School Committee on October 7, 2019. Integrated design in 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. It has been three and a half years since the original adoption, and with new building projects pending, for example,the High School,this is an appropriate time for an update. The Permanent Building Committee and Sustainable Lexington Committee have worked together to develop edits and additions to refresh the policy. He reviewed the proposed changes to the policy. Jon Himmel reviewed the proposed changes to the checklist associated with this policy. He explained that the decisions made early on have everything to do with the final tradeoffs. Ms. Jay asked if potential architectural firms are given this Integrated Design Policy during the designer selection process and what the expectation is during the design selection process for them to show capability to meet to meet these obj ectives. Mr. Himmel stated that it was part of the package for the High School project. If the selection criteria were not demonstrated by the potential firms,they likely would not be chosen. These skills would likely come from the firm's staff or using subconsultants. In response to a question from Ms. Jay, Mr. Himmel explained that designers are usually comfortable with this policy process. Lexington has added some additional elective requirements to its checklist,but other items are requirements that must be met. Ms. Barry asked at what point proj ects get locked into Attachment A of the policy. Mr. Cronin explained that new requirements that come up during the process will be evaluated versus the budget. If certain criteria do not ineet the budget,these will be evaluated and considered along the way. Mr. Himmel stated whatever list is issued at the time of the contract is what will go forth. Ms. Hai and Ms. Cuthbertson suggested considering some flexibility in the language in the docuinent to make sure that the Town is not cornered into certain requirements. Dr. Hackett asked how the Integrated Design Policy will work between two different consultants, one for the OPM and one for the designer. Mr. Himmel stated that, if a designer was working on a LEED-rated project elsewhere,it would likely have a sustainable consultant on its team. For both the Police Station and Fire Station,the architect did have their own sustainable consultant that was performing that task. In consultation with Mr. Cronin, Mr. Himmel suggested that the Town retain an outside entity, a green engineer,to work directly with the Town and advise how to push harder on the design team to get more sustainability. Having two consultants allows for one to be the coach and the other to be the athlete. Mr. Sandeen expressed gratitude to the Departinent of Public Facilities, Permanent Building Committee and Sustainable Lexington for working so well together on using and updating this policy. Mr. Pato asked that additional questions and comments be sent to Mr. Malloy. Unless substantive changes are made to the document,this item will be voted at a future date separately by each board. The Select Board adjourned the Joint Meeting at 8:OSpm. By roll call, the School Committee,voted to adjourn. The Select Board continued onto its regular meeting. A true record; Attest: Kristan Patenaude Recording Secretaiy SELECT BOARD MEETING June 12,2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 12, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry, Vice Chair,Mr. Lucente,Ms. Hai, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. Chau Pato called the meeting to order at 6:30pm. He noted that this is a warking session,but the Board will take public comment on Items 1 and 2 as part of the Individual Consideration topics. Ms. Barry expressed the Board's sympathies to former Town Manager Carl Valente on the unexpected passing of his wife Maureen over the weekend. CONSENT AGENDA 1. Application: One-Day Liquor License— Spectacle Management, 1605 Massachusetts Avenue � Garrison Keillor Tonight To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue,for the purpose of the Garrison Keillor Tonight performance on Thursday, June 22, 2023 from 6:30pm to 10:30pm. DOCUMENTS: Spectacle Management Event Location Map 2. Application: One-Day Liquor Licenses—TAPPED Beer Tiucic, 35 Hartwell Avenue • (3)TIAX LLC Company/Tenant Event To approve three One-Day Liquor Licenses for TAPPED Beer Truck to serve beer for the purpose of a Company/Tenant Event to be held in the rear parking lot at the headquarters of TIAX LLC, 35 Hartwell Avenue, from 3:OOpm to S:OOpm on the following dates: • Thursday, June 22,2023 • Thursday, July 20, 2023 � Wednesday,August 30, 2023 DOCUMENTS: TAPPED Beer Truck Event Location Map 3. Application: Battle Green Permit—Lexington Minute Men • Educational Day for 18th Century Reenactors in Coordination with the Ladies Association of Revolutionary America(LARA) To approve the request from the Lexington Minute Men, in coardination with the Ladies Association of Revolutionary America(LARA), to use the middle of the Battle Green on the Harrington Road side of the flagpole on Saturday, September 9, 2023 from 8:OOam to 12:OOpm for the purpose of an Educational Day for 18th Century Reenactors. DOCUMENTS: Use of the Battle Green Regulations 4. Approve Easement and Declare Available for Disposition— 18 Philip Road To declare the easement as shown on the Plot Plan for#18 Philip Road dated April 5, 2023 by Goldsmith, Prest&Ringwall, Inc. to be available for disposition as per MGL Ch. 30B, Sec. 16(a) and further to approve the easement as shown on said plan. DOCUMENTS: Easement Document, MGLCh.30B,Sec.16 VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Solar Canopy Design far Police Station Project Mr. Malloy explained that there are two designs that have been developed for the Solar Canopy at the Police Station/Fletcher Park. One design was originally developed by Tecton Architects,working with the Historic Districts Commission(HDC) over a period of months. The second design was undertaken as a collaborative effort between Tecton Architects and some of the neighbors abutting Fletcher Park. Both designs were presented at the June HDC meeting, and the general consensus was that the HDC generally reviews a single plan and does not choose between plans. As discussed at the June 5, 2023, Select Board meeting,the Select Board indicated it wanted to approve the final design. The Board stated that it would be inore appropriate to do so now and provide direction to the Departinent of Public Facilities on a preferred design to take forward to the HDC. Mr. Cronin explained that there are two components to consider about the canopies. One is the size and the impact of the canopy st�-ucture, and the other deals with the outputs. There was agreement that the structure needs to be smaller,both in height and in bulk. Thus, one component of option 1 is a maximum height of approximately 17' and a low of 14'6". Another optic of infarmation was the Massachusetts Avenue leg. This would allow for seating and coverage for events that occur on Fletcher Field, along with increasing production. Option 1 contains the heights previously mentioned and the Massachusetts Avenue leg. Option 2 allows for a slightly shorter structure,which reduces the amount of output. Mr. Lucente asked about tree preservation. Mr. Cronin explained that, as part of the Tecton desib, there were 16 trees to be removed from the property, both large scale and small. Three large pine trees were requested to be preserved. The plan now includes a healthy tree plan along the bike path which the neighbors and Tree Committee would like to be part of. A final landscaping plan will be submitted once this item is further decided. This will be brought to the neighborhood and HDC for review. In response to a question from Mr. Sandeen, Mr. Cronin explained that there is an 8"height difference on the neighborhood side of the structure between Options 1 and lA. These two structures have similar costs for steeL There would be a difference in cost for the paneling and wiring. Mr. Sandeen asked about the rislcs of the different options. Mr. Cronin explained that one risk is buildability. The project has a strict budget, and he is not yet confident,until a cost analysis is completed by the architects and engineers,that these will fit into the budget. The analysis will take approximately six weeks before it can then be sent out for cost analysis. If the analysis is higher than the budget,this will be brought before the Board for consideration. There is also a concern regarding timing for either option, as the lot will be paved in October. Option 1 is further ahead in this than Option 2. In response to a question from Ms. Barry,Mr. Cronin stated that the parking spaces have been kept the same across all options. Ms. Hai asked about the height of the Massachusetts Avenue leg for each option. Mr. Cronin explained that Option 1 and lA are a little taller,though still under 14'6". Ms. Ha.i asked if the Town's existing equipment can fit under the heights proposed. Mr. Cronin explained that DPW has suggested using pick- up trucks or other specialized equipment to fit in these spaces. Option 1 will only go over grass for this leg,but Option 2 runs over grass and some of the parking spaces. Mr. Malloy expressed concern regarding the open space in the drive aisle in Option lA. He noted that this could lead to runoff in the center drive aisle. This could cause a continuous icing over problem in the winter. Mr. Robert Adams, 55 Watertown Street, explained that the design of the solar panel is very critical. It is not an opaque surface,nor a tight roof. It picks up on the rebound and adds to the solar capacity. Marcia Gens, 16 Dane Road, spolce to the importance of making the array as close to net zero as possible. She noted that there is need to create solar over impervious surfaces, in order to not need to cut as much into forested areas and green spaces. She asked that the Board consider Option 1. Ted Page, 6 Fletcher Avenue,highlighted some benefits of Option 2, including that it is an organic design. A vote for Option 2 is a vote by this Board to support collaboration and community. This is not just about kilowatts,but how the Town works together. Ricki Pappo, 16 Blossomcrest Road, explained that the Town needs to optimize any opportunity it has to increase the use of renewable power to get a building off of the grid and generating its own power. She stated that Option 1 maximizes the amount of solar and will allow for the largest payback. Pam Lyons, 51 Grant Street,urged the Board to support Option 2 or 2A. She noted that additional screening proposed in Option 1 will not grow large enough for most neighbors to see the benefit. Tina McBride,45 Turning Mill Road, stated that she supports Option l. Every building and parking lot should be covered with solar before forests are cut down. The canopies proposed will reduce the heat gain from the paved parking lot and provide shade to those enjoying the field. Option 1 will allow the Town to get closer to net zero. Dawn McKenna, 9 Hancock Street, noted that the overall square footage of the canopy appears to be about half the overall square footage of the green area. This is quite large. She stated that a lot of effort went into designing the fa�ade of the building, and this canopy will block those efforts. She noted that the Town reached out to neighbors seeldng a collaborative solution to balance the neighbor's wants and needs and the neighbors brought forth Option 2. If this option is not chosen, she asked what message that sends to the neighbors about the collaborative solution. David Kanter,48 Fifer Lane, stated that the would like the Board to consider the issue regarding potential delays for this project. The possible major change to the solar canopy area, a reduction in size,is contrary to the primary objective that the Town had when it voted the funding far the project. He asked what the price will be for the alternatives. The HDC seemed okay with the original presentation, and he recommended moving forward with that option at this time. Dan Voss, 10 Hancock Avenue, explained that Sustainable Lexington did discuss the complexity and additional foundations needed for Option 2. Option 1 is fully designed and maximizes solar on the site. The overall impact of the design,with or without the Massachusetts Avenue leg, should be considered. There is a signiflcant cost impact associated with a potential delay. Lin Jensen, 133 Reed Street, stated that this project needs to maximize the solar canopy over impervious areas. This is a rare opportunity. She supports Option 1. For the whole Town to be net zero,this project needs to be as close to this as possible. This is a prominent location that visitors will see, and the Town should be proud to show off the solar panels and the responsible energy they produce. Howard Cloth, 19 Sherman Street,thanked the Select Board and Departments for reaching out to abutting neighbors in this process. He urged the Board not to let perfect be the enemy of good. Bill Erickson, 31 Sherman Street, suggested using the Massachusetts Avenue leg to leverage the square footage and reduce the impact the solar canopy may have on the neighbarhood and Town. He requested that the Board consider Option 2 and the alternatives presented. He stated that it is difficult far people to appreciate just how dense a 64'x168'mass is going to be. Cindy Arens, 7 Kitson Park Drive, explained that maxiinizing the solar and maximizing the battery starage on this site will allow for an even more resilient building. She noted that the potential for solar is beautiful. Mr. Malloy noted that any excess electricity generated from this solar could be assigned to this building through Eversource. Mr. Cronin e�plained that the architect needs to be told to focus on one of the two options to continue to develop the engineering and architectural wark. This information will then be brought to the HDC to continue to work toward a certificate of appropriateness. Mr. Lucente stated that he does not understand Option lA. It does not seem to be a reasonable idea. Option 2A also does not seem to make sense. He is torn between Options 1 and 2. He originally did not want extra solar on this site. He likes the design of Option 2,which seems to allow for more use of covered areas. Mr. Pato agreed that Options lA and 2A are not viable. Option 1 would not have been his original choice, due to the cost,but he is advocating for it due to the passionate comments from the community. This option increases the ability to get closer to net zero and provides functional value to the Farmer's Market and users of the field. Ms. Barry agreed on Options lA and 2A. Originally, she was not in favor of the Massachusetts Avenue leg. She stated that Option 2 speaks to her differently than Option 1. The Board needs to be mindful of the community in this process. Mr. Sandeen explained that this is a solar and energy storage project. The storage financials are significantly more beneficial to this project, from an economics perspective, than the solar itsel£ He would like an option that allows far the most resilience for the new Police Station,which would require the largest amount of storage possible. He sees a risk in Option 2 of possibly being more expensive than the approved budget, or not having the amount of energy storage needed. He believes Option 1 is the most fiscally responsible option. Ms. Hai agreed that Option lA should be off the table. For efficiency's sake, she asked what the Board's view will be if the HDC does not approve the Massachusetts Avenue leg. She would like to move forward with Option 1 at this time. It has been lowered in height a bit,while maximizing the utility of the field, and the production and resiliency. Without the Massachusetts Avenue leg, Option 2A gives additional production than Option 2 and has interest to it. Mr. Pato stated that there are three Board members in favor of submitted Option 1 to the HDC and two members in favar of submitting Option 2. Mr. Cronin stated that he would present this to the HDC. DOCUMENTS: Solar Canopy Alternative Designs 2. Review and Approve Lexpress Fare Restructuring Proposal Mr. Pato explained that the Board received a presentation on this agenda itein on June 5, 2023 and requested additional information on a marketing and outreach plan. A marketing and outreach plan has been developed by Susan Barrett, Transportation Manager. Mr. Sandeen staxed that this is a good move in the right direction, but he would still prefer it be free. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-1 to approve a$20 annual pass and$2 fare for all riders without a pass, effective July 1,2023. DOCUMENTS: Presentation 6-5-23, TAC Recommendation,Marketing Plan, Staff Plan 3. Select Board Work Session—Planning Discussion for Goal Setting Meeting Mr. Pato asked if the Board would like to facilitate the goal setting process by hiring the same consultant as in past years, a new consultant, or handling this in-house. Ms. Barry stated that she believes this process requires a consultant due to amount of wark needed. Ms. Hai stated that she would like to worlc with the consultant the Board has used for the recent retreats, not the one for goal setting in past years. Mr. Pato stated that he would like to discuss Board and committee engagement through this process. He would like to make sure there is a clear and finite list of manageable goals. The Board discussed the timing for this item. This would likely be scheduled in September or October. Mr. Pato and Mr. Malloy will continue to work on this item. The Board was in favor of utilizing the consulting services of Jon Wortman,Novel Communications, LLC,to facilitate the Select Board Goal Setting Session(s)targeted to be held in the fall of 2023. 4. Select Board Work Session—Discuss Potential Use of Hybrid Participation Format for Future Town Meetings Mr. Pato explained that this is a discussion on the use of a hybrid format for Town Meeting, compared to an in-person format for Town Meeting. He noted that the Town Moderatar indicated that she intends to ask the Select Board to call for a hybrid meeting this fall. The Board could agree tonight to allow Mr. Malloy to develop a plan with staff on how a hybrid meeting would wark. Ms. Hai stated that she believes it makes sense to move forward with a potential plan for a hybrid meeting at this time. Mr. Sandeen agreed. Mr. Lucente stated that his preference is to be in-person for the Fall Town Meeting and continue to pursue a potential hybrid Annual Town Meeting. Mr. Pato stated that he believes this could be an agreement by the Board to allow Mr. Malloy and staff to explore this option. The Board can then decide if it is a potential option for the Fall Town Meeting. Ms. Barry stated that she would lilce to see the framework for a potential hybrid meeting. She asked if staff has the capacity to study this at this time. Mr. Pato stated that he would work closely with staff on this item and noted that the operation of Town Meeting is fully under control of the Moderator. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining-Paid Parental Leave Ms. Barry recused herself fi°om the Executive Session and exited the meeting. Upon a motion duly made and seconded, by roll call,the Select Board voted 4-0 at 9:OSp.m. that the Board go into Executive Session under Exemption 3 to Discuss Strategy with Respect to Collective Bargaining—Paid Parental Leave. Further,Mr. Pato declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 from the executive session to adjourn both the executive session and regular meeting at 9:24 p.m. A true record; Attest: Kristan Patenaude Recarding Secretary SELECT BOARD MEETING June 21,2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday,June 21, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Mr.Pato, Chair; Ms. Barry, Vice Chair,Mr. Lucente, and Ms. Hai were present, as well as Ms. Katzenback, Executive Clerk; and Ms. Kosnoff,Assistant Town Manager for Finance. PUBLIC COMMENTS Shelly Scruggs, 7 Conestoga Road, asked the Select Board to not reappoint Judy Crocker as the Lexington Representative to the Minuteman School Committee. She expressed concern that change must be made to place new representatives onto the School Committee in light of the turmoil surrounding the superintendent of the Minuteman Technical School. Yury Mashkovich, 30 Oxbow Road, asked the Select Board to not reappoint Judy Crocker as the Lexington Representative to the Minuteman School Committee. He noted that the Teacher's Union voted 100%no confidence against Dr. Dawson's leadership. The Minuteman Union teacher's representative also described how dlastically the school has changed for the negative and pleaded with the School Committee to do better. He asked the Select Board to choose someone it feels confident can step up,be a leader,work collaboratively, and help the School Committee hire an appropriate superintendent and principal. Michelle Orofanos,Arlington Resident, asked the Select Board to not reappoint Judy Crocker as the Lexington Representative to the Minuteman School Committee. She asked that the Board remove item three,regarding this item from the Consent Agenda. Lin Jensen, 133 Reed Street, stated she would like to see the Select Board have a more transparent process and interview each of the candidates who applied in order to evaluate and find the best candidate for appointment to the Minuteman School Committee. Alisha Bloom, 21 Locke Lane, aslced the Select Board to vote against the agenda item to reappoint Judy Crocker as Lexington member on the Minuteman School Committee. Ms. Crocker is a member of a School Committee that followed a failed process,resulting in the hiring of a problematic Superintendent. She stated she is parent who has no confidence in the current School Committee. Mr. Pato closed public comment, as it reached the ten-minute limit. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai stated that a mini housing summit was held yesterday evening. This included a productive conversation regarding how the various participants in housing could influence how the Board considers its housing goal. She also noted that staff continues to work on the Noise Bylaw. Mr. Lucente stated that he and Mr. Sandeen completed their review of the Policies of Procedure manual, which will hopefully be before the Board at a future meeting. One specific item they discussed is a potential enforcement policy for the Noise Bylaw. Mr. Pato suggested that this information be passed onto the staff working group for the noise bylaw. TOWN MANAGER REPORT L Town Manager Weekly Update Ms. Kosnoff stated that there is nothing new to add to this report at this time. DOCUMENTS: Weekly Update 6-9-23, Weekly Update 6-16-23 CONSENT AGENDA Mr. Pato asked the Board if they would like to keep the Minuteman School Committee Member appointment on this consent agenda,remove it to take up separately at tonight's meeting or table it to be taken up at a future ineeting. In response to a question from Ms. Barry,Mr. Pato explained that, if the Board does not make an appointment to the School Committee prior to the end of the term, the incumbent continues in office until a new member is appointed and qualified. The existing term expires June 30, 2023. Ms. Hai stated she would be comfortable putting off this vote until the full Board can discuss the process. The Board removed the Minuteman School Committee appointment from the consent agenda,noting further work will be done by the Select Board in regard to the appointment of a Lexington Representative to the Minuteman School Committee before scheduling a vote on a future agenda. In addition,the Board split the consent agenda to take up the reappointments to the Town Celebrations Committee and Fiesta Shows Application far Public Entertainment on a Sunday License separately, as Mr. Lucente recused himself from these items. 1. Approve and Sign Water and Sewer Adjustments To approve and sign the attached Water& Sewer Adjustments as recommended by WSAB on November 3, 2022. DOCUMENTS: Adj for 6-21-23 SB 2. Approve Town Manager Committee Appointment • Council on Aging Laureen Fiola 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. DOCUMENTS: L_Fiola Coverletter, L_Fiola Resume,L Fiola_Application 3. Approve Select Board Committee Reappointments • Community Preservation Committee: o Jeanne Krieger o Mark Sandeen • Executive Clerk-Kim Katzenback • Hanscom Field Advisoiy 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 • Town Celebrations Subcommittee: o Sudha Balasuryan o Kevin Collins o Yifang Gong o David Grabel o Bonnie Karshbaum o E. Ashley Rooney o Pam Winters o Hong Xie To reappoint Jeanne Krieger and Mark Sandeen to the Community Preseivation 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 endinb on June 30, 2024. To reappoint Barbara Katzenberg to the Hanscom Field Advisory Commission as the Le�ngton Representative for a three-year term 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 Milce 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)far a one- year term ending on June 30, 2024. To reappoint Sudha Balasuryan, Kevin Collins,Yifang Gong, David Grabel, Bonnie Karshbaum,E. Ashley Rooney, Pain Winters, and Hong Xie to the Town Celebrations Subcommittee for a one-year term ending on June 30,2024. 4. Approve Select Board Corrunittee Appointments • Housing Partnership Board-LexHAB Member- Sarah Morrison • Vision for Lexington Committee- Carol Marine 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. DOCUMENTS: 2023 Housing Partnership Board Application-LexHAB Member- S. Morrision, 2023 Vision for Lexington Committee Application- C. Marine 5. Approve and Authorize Town Manager to Sign Inter-Municipal Agreement To approve the IMA with the Regional Housing Services Office fot-the period July 1,2023 through June 30, 2026 and further to authorize the Town manager to execute the IMA. DOCUMENTS: Regional Housing Services Office IMA 7. Application: Entertainment License—Association of Black Citizens of Lexington d/b/a ABCL, 1875 Massachusetts Avenue • 3rd Annual Quock Wallcer Day Community Celebration 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 Wallcer Day Community Celebration to talce place on Saturday,July 8, 2023 at the Visitors Center Lawn, 1875 Massachusetts Avenue,froin 11:OOam to 3:OOpm. DOCUMENTS: ABCL's Quock Walker Day Community Celebration Schedule of Events and Map 8. Approve Ainendments to Registrars of Voters Charge To amend the Registrars of Voters charge by making the following changes as proposed: • Change name from"Regist�ars of Voters" to "Board of Registrars" to better reflect the MGL Chapter 51 §15 • Add"Quorum: Quorum shall be a majoi�ity of inembers serving" • Change "Board of Selectmen" to "Select Board" DOCUMENTS: Amended Registrars of Voters Charge -Redlined,Amended Board of Registrars Charge 9. Authorize Town Manager to Execute License Agreement—3 Bedford Street To approve the license agreement between the Town of Lexington and the Trustees of the Le�ngton Masonic Associates regarding a portion of 3 Bedford Street, as attached, and further to authorize the Town Manager to execute the license agreement. DOCUMENTS: License Agreement 10. Approve and Sign Proclamation—Massachusetts Emancipation Day aka Quock Walker Day To approve and sign a proclamation recognizing Ju1y 8, 2023 as Massachusetts Emancipation Day aka Quock Walker Day in the Town of Lexington. DOCUMENTS: 2023 Massachusetts Emancipation Day aka Quocic Walker Day Proclamation VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the amended Consent Agenda. Mr. Lucente was recused from voting on the following items: 3. Approve Select Board Committee Reappointments • Town Celebrations Committee: o Sondra Lucente o Lorain Marquis o Geetha Padaki To reappoint Sondra Lucente,Lorain Marquis and Geetha Padaki to the Town Celebrations Committee for a three-year term ending on June 30, 2026. 6. Application: License for Public Entertainment on Sunday—Fiesta Shows,Hastings Park, 0 Massachusetts Avenue • 67th Annual Fourth of July Carnival To approve a License for Public Entertainment on Sunday for Fiesta Shows far 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 Parlc, 0 Massachusetts Avenue, from 1:OOpm to 11:OOpm. VOTE: Upon a motion duly made and seconded,the Select Board voted 3-0 to approve the remainder of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Capital Waste Introduction and Contract Approval Dave Pinsonneault,Director of Public Works, explained that the Town utilized a competitive bidding process, selected Capital Waste Sei-vices Inc., and has negotiated a contract for the next five fiscal years (beginning July 1, 2023). He explained that Town Counsel has vetted the contract. Joe Ricupero, Capital Waste Seivices,introduced his business. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 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 incoinplete items to be completed to Town Counsel and Town Managers satisfaction. DOCUMENTS: Capital Waste Services Inc. Contract, Contract Attachments A-K 2. Discuss Stormwater Enterprise Fund Mr. Pinsonneault explained that, 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. It has been determined that the cost concern initially considered as an impetus for moving in the direction of creating a Stormwater Enterpi�ise Fund has not materialized, and costs of stormwater management have been dealt with in the existing budget. The only concern at this time is a potential change in course by the EPA, or increased demands for additional phosphorous management. This could increase costs but,in either event,there would be sufficient time to react. At this time, staff is recommending the effort to create a Stormwater Enterprise Fund be postponed and placed on hold until an appropriate to review it in the future. Ms. Kosnoff explained that, currently, the budgets for managing stormwater,both operating and capital, approximately$2.8M. It is believed that the existing budget structure is sufficient without creating an enteiprise into the foreseeable future. This can be revisited if the permitting requirements change. 3. Approve Recommended Updates to the Integrated Building Design and Construction Policy Todd Rhodes, Sustainable Lexington Vice-Chair,reviewed the amended version of the Integrated Building Design and Construction Policy. Staff received one comment,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. This has been addressed by staf£ There was also an amendment suggested by Mr. S andeen. Mr. Pato read aloud Mr. Sandeen's suggested amendment,to have the sentence that reads "provide renewable energy to support EV charging demand"be changed to "provide renewable energy to support EV charging requirements in kilowatts and kilowatt hours." VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the revised Integrated Building Design and Construction Policy, as attached and amended by Mr. Sandeen. DOCUMENTS: Final Integrated Building Design and Construction Policy with Attachment CLEAN, Redline Integrated Building Design and Construction Policy, Attachment A, Presentation,Response to Select Board Cominent 4. Update on Solar Canopy for Police Station Project Mike Cronin, Director of Public Facilities, stated that staff inet with the Historic Districts Commission (HDC)regarding the solar canopy and any other relevant information. By a vote of 7-0,the HDC supported option 1, including the Massachusetts Avenue leg. Additional design work will continue to take place at this time. The next meeting scheduled with HDC will occur the first week in August. Mr. Pato noted that,while a certificate of appropriateness was not issued at this stage, the HDC did give a commitment that this design can proceed with determining how the footings will be laid out. Mr. Cronin agreed and explained that the design features will be discussed with the HDC at its next meeting. 5. Request to Continue Free Senior Parking in Lexington Center Julie-Ann Shapiro &John Zhao, Council on Aging Co-Chairs, explained that the Council on Aging is requesting to continue the Senior Parking Program in the Center. The program helped inake parking at the Center more accessible and equitable for seniors. Seniors also recognize the financial benefit from this program. The Center Committee took this matter up at its June 8,2023, meeting and has provided comments to the Board. Ms. Shapiro stated that having a fee for the program would undermine the intent and benefit of this program significantly. The Council on Aging is requesting the program to become permanent at this time. She noted that the Human Services Department will continue to process applications for the program and work with the Lexington Police Department regarding enforcement. There was discussion regarding the length of time for this continuation. Jerry Michelson, Lexington Center Committee, explained that the Coinmittee voted in favor, 6-0, to continue this program. There were four requests made by the Committee for the Board to consider, including extending the program for one year instead of two. The parking management for this program has not been thoroughly considered. The Committee also requested that any potential loopholes to the program be closed. The Committee suggested that a fee for the program be considered, as other transportation methods in the Center as cost money. Pam Lyons, Center Committee, suggested that there could be an annual fee,in the same amount that is charged far Lexpress. If senior parking is going to be free, she suggested making Lexpress free as well. Howard Cloth, 19 Sherman Street, stated that allowing this program to be free recognizes the value of seniors in Town. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve continuation of the Senior Parking Program on a continuous basis with reports every two years. DOCUMENTS: Presentation, Senior Parking Memo - COA, Center Committee Comments on Senior Parking Program The BoaNd took a brief recess. 6. Discuss Tentative Schedule of Events for the Celebration of the 250�'Anniversary of the Battle of Lexington Ms. Barry explained that 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 -Apri121, 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. Mr. Pinsonneault stated that it malces sense, for Department efficiency, to have all events coordinated on the same day. Chief Sencabaugh agreed that the Town has worked closely with all other communities involved. The departments need to begin allocating and scheduling resources at this time. Ms. Barry explained that Lexington, Concord,Arlington, and Lincoln are working on an inter-municipal agreement for event planning services. There may also be collaboration with a website,public safety, and transportation. This could all be included in one inter-inunicipal agreement. She reviewed a draft series of events for the celebration weekend. The Board discussed the details as presented. Ms. McKenna stated that she would like to see the youth parade included in the schedule of events. She noted that the economic development piece is important for this celebration, and events will need to cai-�y throughout the schedule in order to entice people to come and stay in Town. James Lee, Captain of the Lexington Minutemen, discussed the conflicts for reenactors in the schedule. He suggested that some of the smaller events could be held on Monday. Steve Conners,Lexington 250r''Commission, stated that, as a reenactor,this is not the schedule of events that was expected. He questioned if the proposed plan is supportable and viable. With nothing scheduled on Sunday and Monday,this seems to be a valuable waste of time. He would like to see a greater use of the entire weekend. Steve Cole,Lexington Minutemen, read a letter on behalf of the Ladies Association of Revolutionary America. It urged the Select Board to maintain the usual schedule for the 2025 Patriots Day activities rather than move them all to Saturday. The proposed schedule forces participants and visitors to choose between locations and activities. Ms. Barry stated that the Commission will take the information from this meeting for further discussion. DOCUMENTS: 2025 Patriots'Day Weekend Draft Schedule of Events 7. Award Sale of Bond Anticipation Notes Ms. Kosnoff stated that, on Tuesday, June 20, 2023,the Town sold$2.85M of Bond Anticipation Notes (BANs)to finance several municipal projects,including water system improvements and the Battle Green Streetscape project. Five competitive bids were submitted far the notes which will come due on February 23, 2024. The bids,based on a calculation of the net interest cost(NIC),which takes imo consideration the amount of the issue, coupon rates and offering preinium,ranged from a high of 4.1246%to a low of 3.6677%. The low bidder was Fidelity Capital Markets,whose I�IIC of 3.6677%included a premium of $15,416.58. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the sale of $2,849,644 4.50 percent General Obliga.tion 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 Stateinent dated June 20,2023, each in such form as may be approved by the Town Treasurer,be and hereby are rati�ied, confirmed, approved, and adopted. and further: that the Town 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 ariginal 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 Clerlc 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. DOCUMENTS: BAN Sale Bids, BAN Purposes,Note and Opinion,No Litigation Certificate -BANS, Tax Certificate 8. Approve Fiscal Year 2024 Cost-of-Living-Adjustment(COLA) for Non-Represented Employees Anne Graglia-Kostos,Human Resources Director, explained that this item is to consider the Cost-of- Living Adjustment(COLA) for the non-union Town staf£ The Town has approximately 425 einployees, 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$5.6M. The following are the costs associated with different COLA levels: 2.0% $112,000 2.25% $126,000(+$14,000) 2.5% $140,000(+$2g,000) 2.75% $154,000(+$42,000) 3.0% $167,000(+$55,000) The traditional COLA for non-union employees has mirrored the average increase for unionized employees. While the Town Manager is recommending a 2.0% increase in the COLA for non-union employees,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. Ms. Hai suggested moving forward with the 2% COLA as presented at this time, with the understanding that further compensation adjustments could be discussed once the Class &Compensation study is completed. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to establish a COLA for non-union employees for FY24 at 2.0%. DOCUMENTS: Non-Union COLA List FY24 ADJOURN VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to adjourn the meeting at 9:l Opm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Select Board Comtnittee Appointments ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair C.4 SUMMARY: Category:Decision-Making Auuointments• Historic Districts Commission The Select Board is being asked to appoint Daniel Hisel to the Historic Districts Commission as a full member for a tenn set to expire on Deceinber 31, 2027. Mr. Hisel is currently serving as an associate member and he is being nominated to the full membership by the Lexington Historical Society. Mr. Hisel would be filling the term of Bob Adams, who did not wish to be reappointed as a full member at the end of his term. State Coi�flict of Interest Law trainnig is complete and up to date. Vision for L�ington Committee The Select Board is being aslced to appoint Jill Hai as the Select Board Member on the Vision for Le�ngton Committee to fill the unexpired term of Mark Sandeen that is set to expire on September 30, 2024. State Conflict of Interest Law training is complete and up to date. SUGGESTED MOTION: To appoint Daniel Hisel to the Historic Districts Commission as a full member for a term set to expire on December 31, 2027. To appoint Jill Hai as the Select Board Member on the Vision for Lexington Committee to fill an unexpired term set to expire on September 30, 2024. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type L� 2fi�r�Ilus1:�,n'u� V9i�,d�'u�t�y<a.,urowr�cr,,r,u�,��F��lue,drixdrn�..�1L9.�Ilus�Z 1F�;.t��i.t�a 14�f�dam'u;ii APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resurne along with their submission of this application. Historic Districts Commission BoardlCommittee Name (one application per Committee): x Would you like your application kept on file for up to one year? Yes: No: Daniel Harter Hisel Full Name: Dan Nickname: Preferred Title: 52 Peacock Farm Road Lexington 02421 Home Address: City: Zip: 13 years Length of Residence in Lexington (note: ZBA requirement is a minimum of 8 yea�s): Architect Occupation: 17 Waltham Street Lexington 02421 Work Address: City: Zip: Phone: Home: n O n e Cell: Email: Primary: Secondary: n O n e Special Training and/or Qualifications: I'm and architect with over 25 years of experience working on old and new buildings around the state. What is your interest in this Committee? I have been an alternate on the HDC for the past 3 years or so, and I'm ready to become a full mPmhPr_ I Z�nmmitte,s-�n the.�reServ�n pf I Px�tnn'g ��hiteCt�ir�erit�e, n itg well-designed future buildings. I was recruited and nominated by the Lexington Historical Society. How did you hear about the Committee? x Have you recently attended any meetings of the Committee? Yes: No: x Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions regarding the meeting schedule,please contact the Board/Committee via the Town website.) x Do you currently serve on another Board/Committee? Yes: No: Email:s�l�ctha.ard.c,�}a lexinqtonma.quv or m.anager[�lexinqtanma.c�av If Yes, piease liwt �<:>��rc��(`�:"c�rn��r►i�tt� � �� c(�): If Yes, please li�t ��>f r��c��;t �- t " zfli c�f z�t�rest Law Training*: 2020 k �� _ "� Mw/ Signature: � Date: 5/3/2023 �If'currently se�^ving on another.Board/Committee,please attach a copy of your State Conflict of Inte�^est Law Online Training Certificate, which can be obtain�d from the Town Clerk's Office. EmaiL.�a<aY�ct'�ra�aP�ziC:`)I�xir�oc��Crr��r7�ei.cr�,�v or uo�ar74�c w�r dr7V��xtiu7�fQ.�rT� yom a,��„� AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Accept Select Board Cominittee Resignation ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY: Category:Decision-Making Resignation: L�xington Council oftheArts The Select Board is being aslced to accept the resiglation of Anwell Tsai from the Le�ngton Council for the Arts effective immediately. On behalf of the Town of Lexington, the Select Board Members would l��e to extend their many thanks to Mr. Ts ai for his time and s ervic e to the c ommunity. SUGGESTED MOTION: To accept the resignation of Anwell Tsai from the Lexington Council for the Arts effective immediately. Move to approve the consent. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ ➢2� ug;uuar.tr�rcr��^4ds;u...!'�. �s<tv �3,tti;ll:upT Ct�llaukcr�u<t1 Stacey Prizio From: An well Sent: Wednesday, June 21, 2023 11:49 AM To: Stacey Prizio Subject: Resignation from the Lexington Arts Council USE CAUTION: This email came from outside the Town of Lexington. Do not clicic links, open attachments or respond to the email unless you recognize the sender,you are expecting the communication and you know the content is safe. Hi Stacey, I would like to formally resign from the Lexington Arts Council. It was wonderful making a difference for the Arts community and meeting delightful people. What would be the next steps? With gratitude, Anwell Tsai 1 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Adjustments ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category:Decision-Making Water& SewerAdjustments as recolnmended by WSAB 6/8/23 ($37,308.66) SUGGESTED MOTION: To approve and sign the attached Water& Sewer Adjustments as recommended by WSAB on June 8, 2023. Move to approve the consent. FOLLOW UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 ATTACHMENTS: Description Type ❑ ,�.aVj P�r�7..Odlw",:i`a�314�1k4; 4'».sva-n Mls;uri<r a� »f FY 2023 ADJUSTMENTS i0 WATER/SEWER � � AS RECOMMEP[DED BY 7HE WATER AND SEWER ABATEMENT BOARD ��g 3�� ; � WSAB JUNE 8,2013 SfLECT BOARD]ULY 10,2023 avwi�r N • � 02Q039200fl . 11 LINMOOR TER 12.37 $ 59.95 $ 72.32 1067107 TOILET 4200313900 1949 MASSACHUSETTS AVE $ 93.74 � 346.08 $ 439.82 16659b2 TOILET 0200496300 64 LAC4NIA STREET $ 30797 $ 1 045.40 $ 1 353.37 1068556 TOILET 0204800a00 26A YARKER STREET $ 60,35 $ 195.67 $ 256.02 1070703 TOILET 0100230100 12 BROOKSI�E AVE $ 40.77 $ 15243 192.86 1064259 TOILET D2DQ41790p 84 BERTWELL ROAD $ 66.86 $ 236.88 305,74 1067458 TOILET D1001A3fi00 9 7UCKER AVE $ 'f66-99 $ 592_87 $ 759,66 i063010 TOILET 01001709Q0 fi CEDARWDOD TERRACE $ 390.02 S l 331.80 $ 1 721.82 1fl63415 TOILET 0200452900 34 HANCOCK STREET $ 38.98 $ 131.96 $ 770.94 1067959 TOILET D100099404 23 BLU�BERRY LANE $ 37-87 $ 122.77 $ 1fi0.64 106230A TOILET 0'f00005000 282 MASSACHUSETTS AVE $ 2A75 $ 149.89 144.64 1061144 TOILET 0390887600 l2 BICENTENNIAL DRIV� $ 164.98 $ 577_28 $ 742.26 1080020 TOILET 0206611700 8 MYRNA ROAD $ 384.15 $ 1 34A.85 S 1 729.00 1070367 TOILET 0200399700 47 HARDING ROA� $ 160,66 $ 535,08 $ 6957A i0672D9 TOILET OtOD113300 22 BRYAN7 ROAD $ 79.28 $ 257,66 $ 336-34 1Q62619 TOILET 030D754760 80 REEp STREET 286.80 $ 97375 $ 1260.55 1078264 703LE7 0100i44640 26 TUCKER AVE 67.24 $ 23474 $ 341.96 1063021 TOIL�T 0100291390 5 GREA7 ROCK f20AD $ 164]2 $ 623 1p 847.82 1065067 TOILE7 03D063Q300 4 NICKERSON ROA� $ 254.32 $ 88D-53 � 1 134_85 1076577 TOILET 039D765100 3 DONALp STREEF $ 144.35 $ 465.64 $ 605.99 1078409 TOILET 0300922300 46 GRASSLANO STREET 905.97 $ 3 16278 $ 4 068.75 1080507 TOILET 0100244500 211 CONCOREI AVE $ 123_90 429,fi0 $ 553.50 106AA42 TOILET 0300$47800 17 BEIVJAMIN ROAD $ 253.60 $ 867.62 1 121.22 1�80680 TOiI.ET 0200338500 110 KEN�ALL ROA� $ 2 14270 $ B 870.32 $ 11 013.02 1066350 BURST PIPE AOOL HOUSE 0200555940 176 EAST EMERSON ROA� $ 9D,72 $ 411.90 $ 502 62 1069472 BUS25T PIPE 0300591106 16FRANKLINftOAd $ 26_pi $ 1i5.63 $ 141.64 1074040 BURS7PIPE 0360668500 26 CONSTITUTION RDAD $ 62.67 $ 38Q.49 $ 466,76 1077382 BURST PiPE 0206998960 76 EAST STREET $ 133.04 $ 547.p6 68D,i0 1655231 SROKEN AUTO POOL FILEER 0100231000 12 STEpMAN ROA� $ 69.00 $ 4 321.30 $ A 252.39 1048962 IftR ON DOM 030W06002 69 FREEMONF STREET $ 169.65 $ $ 169.65 1077625 IRR LEAK 6100170902 6 CE�ARWOOD TERRACE $ 1 012.05 $ $ i 012.05 1048119 IRR LEAK H� FY 2023 �77J ADJU57MENTS 70 WA7ER/SHVJER v p G ° AS RECOMMENDED 6Y THE WATER AND SEWER ABASEMENT BOARD �� 8 W5AB JUNE 8,2023 SE4ECT BOpRD JULY 1Q,2023 FYPII Y3""� ry'1 o • � 0100057302 79 MAPLE STFtEET $ 13A 55 $ $ 13A.55 1061812 IFiR LEAK LEAK pCCURFiED AFTER SPRING 0100096200 19 APPLETREE�ANE NA NA NA 5462334 READING DATE � I7,971.43) $ (29,337.43} $ (37,30$.b6J 4t is the recommendaHon of the Water nr7ti Sewer Abatement Board thpt the Tqwn Callechor be authorized tq waive interest that has accrued on the bills included herein,unless stated here atherwise,from the due date of the bill until 3p calendar days a#ter the date of written natificarion 10 applicant of the Selectmen's actian. _�.___.�.__._�. ..__..w__w_..�._______ ________. __..____......w.__._.._.._�_..__....___.._____ THE 5UM$ET AGAINST THE A80VE ACCOUNTS IS HEREBY A�D7USTEp. WATER SEWER TdTAL ; f�,9rr.as) # cz9,�ar.eay $ (37,308.66) .� '� ��.�, �� DIRECTOR OF PUBLIC W K5 SELECT BGARD 7/10/23 � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Public Hearing: Noise Bylaw Special Permit - Night Work for Phase 2A Water Main Replacement on Lowell Street and Woburn Street PRESENTER: ITEM Amy Coppers Constantino, Wright- NUMBER: Pierce; Stephen Hildreth, Town of Burlulgton I.1 SUMMARY: Category: Hearing/Decision-Making Phase 2A of the Town of Burlington's Water Main Replacement project along Lowell Street from Maple Street to North Street and North Street from Lowell Street to Adams Street in Lexington. A request for a special permit under the noise by-law has been submitted seelcing approval to work related to the installation of a replacement manhole at the Woburn Street and Lowell Street intersection during the nighttime hours of 7:OOpm- S:OOam, Monday through Friday, to worlc in hotus outside of peak commuter traffic to reduce delays along a major commuter corridor at the intersection of Lowell and Woburn Streets. The work would be scheduled following the review and approval of this application, and is hoped to take place during the weeks of July 17, 2023 and July 24, 2023. The attached application contains the detailed description of the noise generating activity that would transpue at the time of the night work. Fire, Police, and Health reviewed the application and have no issues/concerns regarding the request as it relates to their respective departments. The hearing notice was mailed to abutters within 300ft of the proposed work area. It was also advertised in the 6/29/2023 and 7/6/2023 Lexington Minuteman Newspaper. SUGGESTED MOTION: Move to (approve/not approve) a Noise Bylaw Special Permit for evening work to be conducted from 7:OOpm to S:OOain for a total of 8 nights, Monday through Friday, to take place between July 17, 2023 - July 28, 2023, for work related to the installation of a replacement manhole at the Woburn Street and Lowell Street intersection in Lexington related to the Town of Burlington's water main replacement project. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 6:40pm ATTACHMENTS: Description Type ❑ l��,�a�ic;avdu�ru� lerng�;�at V�r�rnik��s;u:��ia�d )°U):T l("n7�n4;e>(h�raudc;�I��kru� �:�.ia�Ik�i�FT CF�II�udG;uu.i:t 600 Federal Street,Suite 2151 Andover,MA 01810 E��r��r�� E��r�� t 978.416.8000 � wright-pierce.com June 20, 2023 Select Board Office 1625 Massachusetts Avenue Select Board Office 2nd Floor Lexington, MA 02420 SUBJECT: Lowell Street Construction Night Work Dear Select Board, The Towns of Burlington and Lexington are currently collaborating on the Phase 2A Water Main Replacement project which includes the installation of a 24-inch ductile iron water main along Lowell Street from Maple Street to North Street and on North Street from Lowell Street to Adams Street. The entire project limits are located within the Town of Lexington. For the purposes of this Special Permit Application, the Town of Lexington Engineering Division will be considered the Owner, the Town of Burlington Department of Public Worl<s will pay for the advertisements, and Wright-Pierce will act as an agent for the Towns, has prepared this application, and will function as the Applicant in this circumstance.We kindly request to be put on the July 10, 2023 Select Board Meeting. Listed below are the necessary details to include for your information: Agenda Item/Title Lowell Street and Woburn Street Night Work Request Whether a Vote of the Select Board is being requested,whether this is an update on a previous item or if it is for informational purposes only and what you need from the Select Board (directional guidance, approval,etc.) On behalf of the project Owner, the Town of Lexington, and the contractor, GVC Construction, Wright-Pierce is requesting approval from the Lexington Select Board to grant a temporary alteration to the established construction work hours (7:00 AM to 4:00 PM Monday through Friday) to the nighttime hours of 7:00 PM to 5:00 AM Monday through Friday. Given that the request violates the permitted work hours established under Chapter 80, Section 4 of the Town of Lexington Noise Control Ordinance, we are requesting a temporary wa iver. 6/20/2023 Select Board Office Page 2 of 4 A summary explanation of what is being presented including costs and funding source, plan for public outreach, impact on department work/goals and any alignment with the Select Board goals. Scope of Work The project work that is requested to occur at night is the installation of a replacement manhole in the Woburn Street and Lowell Street intersection shown in Attachment 1. Approval for night work on this project had been previously granted from June 26, 2022 to August 4, 2022. Initially the anticipated work to be completed during the previous night work included installation of the replacement sewer manhole and water main at the Woburn Street and Lowell Street intersection however only the water main was completed.This was due to the water main work being high priority and taking up the entire approved duration of night work. This is a particularly busy intersection and the Owner wishes to complete the work in hours outside of peak commuter traffic to reduce delays along a major commuter corridor. The work would be scheduled following the review of this application and is anticipated to occur over 6 nights however we would like to request the approval for 8 nights during the weeks of July 17, 2023 and July 24, 2023, four nights per week, to account for any unforeseen challenges that may arise in the field. The sources of noise would include the construction crew comprised of 5 to 10 individuals and construction equipment such as dump trucl<s, excavators, front-end loader, and other miscellaneous equipment required to facilitate the manhole replacement. Pipe saws will be required to cut pipes to lengths required for the installation of valves and fittings. Power drills will be required to tighten nuts on restraining devices. The noise associated with these pieces of equipment are not predictable and would be randomly occurring throughout construction.The height of the noise source would vary between the height of the tallest piece of equipment at approximately 15 feet down to approximately 7 feet underground where the manhole would be installed. The maximum noise level in decibels (dBA) permitted under Chapter SO of the Town of Lexington General By- laws is 85 dBA at the property line. The equipment outlined above is expected to produce the following noise levels during construction: • Dump trucks—100 dBA at a 10-foot radius. • Excavator(largest)—100 dBA at a 10-foot radius. • Front end loader—60 dB at 10-foot radius. • Pipe saw— 110 d6 at a 10-foot radius. • Power drill—70 dBA at a 10-foot radius. Based on the information outlined above, the loudest anticipated noise proposed during construction will exceed the maximum permitted noise level by 25 dBA. � �. Engin��rang a��tter Envers�nrra��t 6/20/2023 Select Board Office Page 3 of 4 Costs and Fundinp Source Excessive financial hardship is unlikely to result from completing the work during daytime hours. The main purpose of the application presented is to alleviate impacts to commuters, residents, and commercial business owners located within the limits of work. The project is funded by the Town of Burlington. Plan for Public Outreach In accordance with the requirements of the Special Permit Application, we have prepared and attached a plot plan shown in Attachment 2 depicting the work zone where the proposed construction activities would generate noise.The plan includes Town zoning designations, property boundaries, parcel IDs, a hatched limit of worl<for the work associated with this request, and a 300-foot buffer zone from the limit of work. All properties within the 300-foot buffer zone were considered abutters impacted by the night work request. Using the Town of Lexington GIS website, we obtained a list of abutters including mailing labels for each impacted property noted in Attachment 3. All properties immediately adjacent to the worl< are businesses and the work is proposed to be completed outside of their normal business hours. The contractor and Lexington have agreed to allow the contractor to park vacuum trucks at the Marshall Street Pump Station while nightworl< occurs as an emergency precaution for the temporary sewer bypass plan in case flows increase within the wet well. As such, residents within the 300-foot buffer of the pump station were also included in the abutters list and plot plan. Additionally, construction staging will occur on Adams Street within the Town of Burlington but abutting Lexington residents on North Street. We have also included these properties in a supplemental abutters list and map of the residences included in Attachment 4. All abutters will receive a notice in advance of the night work including information about the project.A draft of this flyer is included in Attachment 5. Impact and Alipnment of Goals The Select Board's FY 22 and FY 23 goals of providing quality services to all works in conjunction with the project's water and wastewater improvements. Replacement of old infrastructure will prevent failures from interrupting Lexington's quality services. Shifting the worl<to night hours versus daytime will prevent the majority of the impact to Lexington's local businesses and commuters and complies with the Select Board's goal of a Thriving Local Economy. Timeline summary. � �. Engin��rang a��tter Envers�nrra��t 6/20/2023 Select Board Office Page 4 of 4 The project began in 2021 with the majority of the water main placement occurring in 2022. The 2022 worl< included the water main and services along Lowell Street from Maple Street to Fulton Road, along Lowell Street from East Street to North Street, and North Street from Lowell Street to Adams Street. Water main construction paused in November of 2022 for winter and began again in May 2023.The remaining worl<for 2023 includes the water main and services on Lowell Street from Fulton to East Street, and the sewer manhole at the intersection of Lowell Street and Woburn Street. Statement of taking action vs. not taking action. Construction within the intersection requires a lane closure of traffic from both Woburn Street and Lowell Street and a uniformed officer to direct traffic around the closure. During normal construction hours, this would lead to major delays due to the volume of traffic through the intersection. Allowing for nighttime construction would decrease the traffic volume and the amount of bacl<up that would occur. If there are any other questions, please contact me at (978) 416-8019 or .� �ru� ��a:l��l�a u ��cG ;„ � �.m, �i�. u � � �uu Inu ll�u�wu�a�..d ��irir Sincerely, WRIGHT-PIERCE �� , , _ .�,e, , _ ��`��l ��,�,��'.��'� ��"„M��,...� r � �w.� Amy Coppers Costantino, PE Senior Project Manager n�rr7��'.n �xlf�lf��!it a��r�Wi�.!.��117�� i��„ia.a r��.p��:7!. 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Geometry updated on a daily basis Data updated on a daily basis �� Illlh��iiiii� iiiii�� IIIII'��iiii��W��°�° IIIIII�iiiii IIIII�°�° iiii�lllll�. IIIII� °�°iiiii °°� °�°� IIIII��°�°°�° iiii�.�� ' � ' ��«i��, ;;� � �.� � x .; � � ��}aaATED FEC124.'�`�'� • Night Work July 17 - July 28, 2023 Between 7:00 PM to 5:00 AM GVC Construction Inc. has been working along Lowell Street as part of the Phase 2A Water Main Replacement Project. The Lexington Select Board approved a Special Permit under the Noise Bylaw to allow for the 24" water main installation work at the Lowell Street/Woburn Street intersection to be performed as night work during the weeks of July 17, 2023 and July 24, 2023 from 7:00 PM to 5:00 AM up to four nights per week. The night work will require one lane of traffic to be maintained, however please anticipate traffic and slowdowns during this worl<. We appreciate your understanding and patience during this period. Tie-ins with the existing water mains on Woburn Street will occur during this period which will shutdown water between the hours of 7:00 PM and 5:00 AM. Additional notices will be hand delivered or sent to your home or business ahead of any planned water shutdowns that will interrupt your water service. The notices will include specific dates when this shutdown occurs. For residents that have registered for CodeRED alerts or with a listed phone number and address within the impacted areas of a water shutdown, notifications will also be communicated through Lexington's CodeRED system for extended water shutdowns. For residents interested in registering for CodeRED please find information at the following link: https://www.lexingtonma.gov/395/CodeRED-Emergency- Notification-System We will do everything we can to expedite this work and apologize in advance for any inconvenience this may cause. Should you have any questions or need additional information please contact Matt Messier of Wright-Pierce at 617-733-2961. Engineering to be performed by: Construction to be performed by: Eaagaa��erang a�etter Eravaresnaner�t ��'��"�� k�� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Liquor License Amendments - Li� Hospitality Lexington FB MGT, Inc. d/b/a Aloft Le�ngton, 727A Marrett Road ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair I.2 SUMMARY: Category:Decision-Making L�i Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington has submitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer and a Change of License Manager on their All- Alcohol Innholder Liquor License. The proposed manager, Robert Ayers, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. Julia Royce, Sherin and Login, LLP, representing Lixi Hospitality Lexington FB Mgt, will be in attendance should the Board ha�e any questions. SUGGESTED MOTION: Motion to approve Li�Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington's application for a Pledge of License, Change of Officer and Change of License Manager naming Robert Ayers as Manager and upon ABCC approval, issue an updated Liquor License to LiYi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington, located at 727A Marrett Road reflecting Robert Ayers as License Manager. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 6:SOpm ATTACHMENTS: Description Type ❑ ,hO�rSu II uti��u�r��u�;�°n�sc°flun�.,ita�u�n:°�nY F"�Capriva;aL�rdsrr ��z3�;Octt�r 11�lobde�uaii docuSign Envelope ID:7A162718-8157-4CEE-B916-0BDF627A4974 The Commoriwealth of Massachusetts � Alcoholic Beverages Control Commission �.:-- - --- 95 Fourth Stree�Suite 3, Chelsea,MA 02150-2358 www mass gov/abcc APPLICATION FOR MULTIPLE AMENDMENTS l. BUSINESS ENTITY INFORMATION Er�� N�� Municipality ABCC License Number Lixi Hospitality Lexington FB Mgt,Inc. �exington �___� 00032-HT-0612 � Please provide a narrative overview of the transaction(s)being applied for.On-premises applicants should also provide a description of the intended theme or conce t of the business o eration.Attach additional a es,if necessa . e License Holder is an affitiate of Lixi Hospitality Lexington,Inc.(Barrower),the Bortower In a laan arrangement with Salem Five Cents Savings Bank (I.ender).�icense Holder entered irrto a Pledge and Security Agreement with Lender in connection with the loan arrangement,agreeing to a pledge af ' two liquor licenses ta secure its obligation as guarantor under the loan.License Holder is also updating Directors/Of�cers and Manager of Record. APPLICATION Ct7NTACT The application contact is the person who should be contacted with any questions regardin�this application. Name Title Email Phone ttome � cro ce sherin.com �� 17 646 2 Julia Royce y � � i 08� � 2. AMENDMENT-Chan e of License Classi�cation ❑�hange of License Gateg,g� I-ast-Approved�icense Category � �-� All Alcohol,Wine and Malt, Wine Malt and Cordials Requested New License Category r� _�� ❑ �hange of License Class Last-Approved License Class r` � Seasonal or Annual Requested New License Class � � ❑ Change af license 7'xpe" Last-Approved License Type � �'� i.e.Restaurant to Club •Certain License Types Requested New Litense Type � � CANNOT change once issued` 3. AMENDMENT-Change of Business Entity Information ❑ Change of Cor�c�ate Name Last-Approved Corporate Name: � Requested New Corporate Name: � � Change of bBA Last-Approved DBA; � � Requested New DBA: � � (�C�ange of Corporate Structure �st-Approved Carporate Structure • LLC,Corparatian,Sole Proprietar,etc Requested New Corporate Structure • 4.AMENDMENT-Pledge Informatian ❑X Pledge af l.icense To whom is the pledge being made: alem Five Cents Savin s Bank ❑ Ple oflnventory 9 ❑�� 6 DocuSign Envelope ID:7A162718-8157-4CEE-B916-0BDFB27A4974 5.AMENDMENT-Change of Manager �Ghane�of�icense Mana�ggr A.MANAGER INFORMATION The individual that has been appointed ta manage and control the licensed business and premises. Praposed Manager Name Y Date of Birth ��SSN Robert A ers Residential Address � 18 John Street, Mansfield, MA 02048 Email bob.ayers@liwgroup.com Phone 781-761-1734 Please indicate how many hours per week 50-60 you intend to be on the licensed premises � Last-Approved License Manager Patricia Elkins � B.CffIZEN5HIP/BACKGROUND IIdFORMATION Are you a US.Citizen?* �Yes C'No *Manager must be a U.S.Citizen if yes,attach one of the following as proof of citizenship US Passport,Voter's Certiflcate,Birth Certificate or Naturalization Papers. Have you ever been convicted of a state,federal,or military crime? (`Yes C:No If yes,fill out the table below and attach an affidavit providing the details of any and all convictions.Attach additional pages,if necessary, utilizing the format below. Date Municipality Charge Dlsposltion C.EMPLOYMENT INFORMATION Please provide your employment history.Attach additional pages,if necessary,utilizing the format below. Start Date End Date Position Employer Supervisor Name 9121 ( Present I Complex General Manager I Lixi Hospitaliry I Patricia Elkins D.PRIOR DISCIP�INARY AC710N Have you held a beneficial or financial interest in,or been the manager of,a license to sell alcoholic beverages that was subject to disciplinary actian? �^Yes G Na �Yes,please flll out the teble.Attach additiona)pages,if necessary,utilizing the format below. Oate of Adion Name of License State City Reason for suspension,revocation or cancellation Docu3igned by: ►hereby swear under th o phies of perJury that the tnformotion 1 have provTded in this opplfcation is true and accurote: Manager's Signature Date �5/8/2023 � 7 DocuSign Envelope ID:7A162�18-8157-4CEE-B916-0BDF827A4974 6.AMENDMENT Chan�e of Officers, Stock or Ownership Interest Sh�,n�of Ownershi�l terest Ch,an e arf Stock(E New Stodchol er/ �Change of OfficerslDirectors ❑�j��nagerslLLP Partners.Trusteesl � Tr n� r or ss nce ort' to � List all individuals or entities that will have a direct or indirect,beneficial orfinancial interest in this license(E.g.Stockholders,Officers, Dlrectors,LLC Managers,L�P Partners,Trustees etc.).Attach additional page(s)provided,if necessary,utilizing Addendum A. • The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State. � The individuals identified in this section,as well es the proposed Manager of Record,must camplete a CORI Release Farm. • Please note the following statutory requirements for Directors and LLC Managers: On Premises{E.g.Restauranti Club/Hotel)Directa►rs or LLC Managers -At least 5096 must be US citizens; Off Premises(Liquor Store)Directors or LLC Managers -All must be U5 citizens and a majorlty must be Massachusetts residents. • If you are a Multi-Tiered Organization,please attach a flow chart identifying each corporate Interest and the Individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Princi al Residential Address SSN DOB r— Christopher C.Bono 14 Esopus Avenue,Ulster Park,NY 12487 Pre._.. �r Position __ Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident . nt,Treasurer,Secretary,pirecto� Na (;Yes C'No (:Yes C"'No ('"'Yes (:No tean Cside......_ Name of Principal Residential Address SSN DOB � � �`__� Title and or Position _ Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident _� C'Yes C'Na (`Yes ("'No C`Yes C No Name of Princi al Residential Address SSN DOB � �'_� L�_� Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident I _`— ('Yes C`Na (`Yes ("'No C`Yes �"No Name of Princi�al Res�dent�al Address SSN DOB Title and ar Pasition ___�ercentage af Ownershi Diredor/LLC Manager US Citizen MA Resident ('Yes C'No ('Yes ('No C'Yes ('No Name of Princi al Residential Address 55N DOB � L�� Tit e and or Position _�Percenta e of Ownershi Director/LLC Manager US Citizen MA Resident C'Yes (`No (''Yes C No ("Yes ("`No of Princi al Residential Address SSN DOB Name_,-- � L_� L�� Title and or Position _............. Percenta e of Ownershi Diredor/LLC Manager US Citizen MA Resident � C"Yes C'No C"'Yes ('No C Yes (""Na� Additional pages attached? (^Yes (:No CRIMINAL HISTORY Has any lndividual listed in question 6,and applicable attachments,ever been convided of a ("'Yes (:No State,Federal or Military Crime?If yes,attach an affidavit providing the details of any and all convictions. MANAGEMENT AGREEMENT Are you requesting approval to utilize a management company through a management agreement? �^Yes (:No Please provide a copy of the management agreement. $ DocuSign Envelope ID:7A162718-8157-4CEE-B916-0BDF627A4974 6.AMENDMENT-Change of 4fficers. Stock or qwnership Interest 66.CURRENT OFFICERS STOCK OR OWNERSHIP INTEREST �ist the individuals and entities of the current ownership. Attach additional pages if necessary utilizing the farmat below. Name of Princi al Title/Position Percenta e of Ownership *outdated Corporate information last updated w.Board Name of Princi al Title/Position _______ Percenta e of Ownership Anwar Issa President,Treasurer,Secretary,Qirector� n/a Name af Princi al Title/Position Percenta e of Owne�shi Bill Carroll Assistant Secretary n/a Name of Princi al Title/Position___ Percenta4e of Ownershi� � Name of Princi al Title/Position Percenta e of Ownershi � -----� Name of Princi al Title/Position Percenta e of Ownershi � 6A.INTEREST IN AN ALCOHOLIC BEVERAGES LI NSE Does any individual or entity identifled in question 6,and applicabie attachments, have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ Na JZ� If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 6B.PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individua)or entity identified identified in question 6,and applicable attachments,ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic bevereges,which is not presently held? Yes ❑ No� If yes,list in table below.Attach additional pages,if necessary,utilizing the table format belaw. Name License Type Llcense Name Municipality 6C.DISCLOSURE OF LICENSE DISCIPUNARY ACTION Have any of the disclosed licenses listed in question 6A or 6B ever been suspended,revoked or cancelled? Yes ❑ No � �f yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Date of Action Name of License City Reason for suspension,revocation or cancellation 9 DocuSign Envelope ID:7A162718-8157-4CEE-6916-0BDFB27A4974 7.AMENDMENT-Change of Premises Information ❑AFteration of Premises:(must fill out attached financial information farm) 7A.ALTERATION OF PREMISES Please summarize the details of the alteratians and highlight any specific changes from the last-approved premises. PROPOSED DESCRIPTION OF PREMISES Please provide a complete description of the proposed premises,including the numk�r of floors,number of rooms an each floor,any outdoor areas to be included in the licensed area,and total square faotage.You must also submit a floor plan. Tatal Sq.Footage �________� 5eating Capacity Occupancy Number �_.� J Number of Entrances � Number af Exiu Number of Floors �� ❑Change of Loca�ian:(must flll out attached financial information farm) 7B.CH GE OF LOCATIf�N t.ast-Approved Street Address Proposed Street Address DESCRIPTION OF PREMISES Please provide a complete description of the premises to be licensed,inciuding the number of floors,number of rooms on each floor,any outdoor areas to be included in the licensed area,and total square footage.You must alsa submit a floor plan. Total Sq.Footage � Seating Capacity Occupancy Number Number of Entrances [___� Number of Exits Number af Floors OCCUPANCY OF PREMISES Please complete all fields in this section. PHease provide proof af legal accupancy of the premises.(E.g.Deed,lease,letter of intent) Please indicate by what means the applican#has to occupy the premises � • �andbrd Plarne tandlord Phone Landlord Emaii � � �andlord Address Lease Beginning Date � Rent per Month � Lease Ending Date � Rent per Year � Will the Landlord receive revenue based on percentage of alcohol sales? {`Yes C` No 10 DocuSign Envelope ID:7A162718-8157-4CEE-6916-0BDF827A4974 8. AMENDMENT Management Agreement �Management A •(must fill out all pages in section 8) Are yau requesting approval to utilize a management companythraugh a management agreement? If yes,please fill out section 8. (`Yes C'No Please pravide a narrative overview of the Mana ement Agreement.Attach additional pages,if necessary. IMPORTANT NOTE:A management agreement is where a licensee autharizes a third party to cantrol the daily operations of the license prernises,while retaining ultimate control over the license,through a written contract. This does not pertain to a liquor license manager that fs emplayed directiy by the entlty. $A. MANAGEMENT ENTITY List all proposed individuals ar entities that will have a direc#or indirect,beneficial or financial interest in the management Entity(E.g. Stockholders,OfFcers,Directors,LLC Managers,L�P Partners,Trustees etc.). Entity Name Address Phone � � Name of Principa) Residential Address SSN DOB — — Title and or Position Percenta e af Ownership Director US Citizen MA Resident {`Yes C'N� (`Yes C'No] ("Yes C'No Name of Princ� al Residential Address SSN DOB -- �---�---.._..� .............._...,,,_....-- Title and or Positian Percenta e of Ownership pireckor U5 Citizen MA Resident C'Yes C'No (`Yes ('Na ('Yes C'No Name of Princ� al Residential Address SSN DOB C- Title and or Position Percenta e af Ownership Director US Citizen MA Resident C'Yes f No (`Yes C'No ('Yes C'No Name of Princi al Residential Address SSN DOB Title and or Position ____ __ Percenta e of Ownership birector US Citizen MA Resident �._._..--�-- � ("'Yes {"`No (""Yes ("No ('Yes C No CRIMINAL HISTQRY Has any individual identified abave ever been convicted of a State,Federal ar Military Crime? C'Yes C'No Ifyes,attach an affidavit providing the details of any and all convictians. $B. EXISTING MANAGEMENT AGREEMENTS AND INTEREST IN AN ALCf?HOLIC BEVERAGES LICENSE Does any individual or entity identified in question 8A,and applicable attachments, have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages;and or have an active management agreement with any other licensees? Yes ❑ No ❑ If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name I.icense Type License Name Municipality 11 DocuSign Envelope ID:7A162718-8157-4CEE-B916-0BDF627A4974 8.AMENDMENT-Management Agreement 8C. PREVIOUSLY HELD INTEREST IPI AN ALCOHOLiC BEVERAGES LICENSE Has any individual or entity identified in question 8A,and applicable attachments,ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No ❑ ff Y�,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 8D. PREVIOUSLY HELD MANAGEMENT AGREEMENT Has any individual or entity identified in question 8A,and applicable attachments,ever held a management agreement with any other Massachusetts licensee? Yes ❑ No❑ ff Y�,list in table below.Attach additional pages,if necessary,utilizing the table format below. �icensee Name License Type Municipality Date(s)af Agreement 8E. DISCLOSURE OF �ICENSE DISCIPLINARY ACTION Have any of the disclased licenses listed in question 8B,8C or 8D ever been suspended,revoked or cancelled? Yes ❑ No � �f yes,list in tabie belaw.Attach additional pages,if necessary,utilizing the table format below. Date of Action Name of License City Reason for suspension,revocation or cancellatian $F. TERMS OF AGREEMENT a.D�s the agreement provide for terminatlon by the Ucensee? Yes ❑ No ❑ b.Will the licensee retain control of the business flnances? Yes ❑ No ❑ c.Does the management entity handle the payroll for the business? Yes � No ❑ d,Management Term Begin Date � e.Management Term End Date � f.How will the management company be compensated by the licensee?(check all that apply) ❑ $per month/year(indicate amount) ❑ %of alcohol sales(indicate percentage) � ❑ %of overall sales(indicate percentage) ❑ other(please explain) ABCC Licensee Officer/LLC Manager Management Agreement Entity Officer/1.LC Manager Signature: Signature: Title: Title: Date: � Date: 12 DocuSign Envelope ID:7A162718-8157-4CEE-B916-0BDF627A4974 9. FINANCIAL DISCLOSURE Reauired for the fallowin�transadions: • Change of Officers,Stock or Ownership Interest(E.g.New Stockholder/Transfer or Issuance of Stock) • Change of Premises Information • Pled,ge of License,Inventory or Stock rrower(Lixi Hospitality I.exington,Inc.)received a Purchase PriceCs): 25,000,0�.00 loan.The Pledge of this liquor license and the other license held by the Llcense Holder) cures that License Holder's obl�gation as Guarantor fthis loan. SOURCE OF CASH CONTRIBUTION Please provide documentation of available funds.(E.g.Bank or other Financial institution Statements,Bank Letter,etc.) Name of ContrPbutor Amount of Contribution Total �QURCE(7F FINANCING Please provide signed financing dacurnentafion. Is the lender a Ncensee pursuant Name of Lender Amount Type of Flna�cing to M.G.L Ch.138. C'Yes r No (`Yes C' No C Yes (""` No ('Yes C No FINANCIAL INFORMATION Provide a detailed explanation of the form(s)and source(s)af fundin for the cost identlfied above. 13 DocuSign Envelope ID:7A162718-8157-4CEE-6916-0BDFB27A4974 APPLICANT'S STATEMENT �, �iskopher C.Bono � the: �sole proprietor; � partner; 0 carporate principal; � LLC/LLP manager Authorized Signatory Of�xf Hospitaliey Lexington FB Mgt,Inc. Name of the Entity/Carporation hereby submit this application(hereinafter the"Application"),to the local licensing authority(the"LLA")and the Alcoholic Beverages Control Commission(the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have persanal knowledge of the information submitted in the Application,and as such affirm that all statements and representations therein are true to the best of my knowledge and belief. I further submit the following ta be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the i.icensin�Authorities will rely an each and every answer in the Applicatian and accompanying documents in reaching its decision; (2) 1 state that#he location and description of the proposed licensed premises are in compliance with state and local laws and regulations; (3) I understand that while the Application is pending,I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon appraval of the Applicatian,I must notify the Licensing Authorities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) i understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persans with an ownership or financial interest in the license; (6) I understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of the area used for the sale,delivery,storage,or consumptian of alcoholic beverages,must be reported to the Licensing Autharities and may require the p�ior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revacation af any license for which the Applicatian was submitted;and (9) I understand that any false statement or rnisrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. (10) I confirm that the applicant corporation and each individual listed in the ownership section of the application is in �aod stand' o��j,��Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating t t.�t"�c�,,,rs;r ort' �of employees and contractors,and withholding and remitting of child supprart, C_ Signature: Date: 5l812023 �� Title: President and Director DocuSign Envelope ID:7A162718-8157-4CEE-B916-OBDF627A4974 ENTITY VOTE The Board of Directors or LLC Managers of ixi Hospitality�exington FB Mgt,inc. Er�tity Name duly voted to apply ta the Licensing Authority of �exington ��and the City/Town Commonwealth of Massachusetts Alcoholic Beverages Control Cornmission on r--��3 � Date of Meeting For the fallawing transactions(Check all that applyj: � New License � Change of�ocation � Change of Class�.e.�r�rwayseasonao ❑ Change Corporate Struckure px.ca«�,i��q �Transfer of License � Alteration of I.icensed Premises � �hange of License Type��.d�bi resr��U � P�edge of Collateral q,e uceaae�stocq �Change of Manager � Change Corporate Name � Change of Category n.e.�u�konownne,nn�rq ❑ Managemerit/Operating Agreemer�t Change of Officersl Ghange of Ownership Interest � Issuance/Transfer of Stock/New Stocld�older � Change of Hours � Directors/LLC Managers � (LLC Members/LLP Partners, Trustees) ❑�er � Change of DBA "VOTED: To auth0l'ize hristopher C.Bono Narne of Person to sign the application submitted and to execute on the Entity's behalf,any necessary papers and da all things required to have the application granted." "VOTED: To appoillt RobertAyers Name of Liquor License Mana�er as its mana�er of record, and hereby grant him or her with full authority and control of the premises described in the license and autharity and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts:' For Corporations ONLY DocuSigned by: A true copy attest, �� / . �� A true copy attest, 'U'`�� .�r� 14D3D3g644D540D... Corporate Officer/LLC Manager Signature Corporate Clerk's Signature Christopher C. Bono (Print Name) (Print Name) MA SOC Filing Number: 201667580070 Date: 2/25/2016 1:52:00 PM Feb. 25. 2016 1 ,36PM No, 6501 P. 2 � �je t��utmnn�ve�Yt�j ,v� �a��r��ju��tz� �� William F=ancia Galvi.n Secrctary of rhe Commonwealch One Ashburcon Place,Boscan,Massachr�,seczs 0210$-1512 . �•i:1P��r:3if::'��+T 1"i}'r:iJ r'Ol81�i1�'.Otjf4CZt10II �C?ril'l i61U�T 3c T'i RfiD �Certificate af Regi,crrrasion (Ge�eral y.,awty Chapter 156�U,SeetRon 15�03s 9S0 CMR 113.48) � ' (1) ExatL eame of the torporation,including arry words or a6breviecions indicsring inwrpo:arion: �lXI MbSPITALITY LEXiNGTON F8 MGT INC. (2) Nusu under which che carpor�cion will cransaa businesa In d�e cornmocnrrealch rhgt aada6es rhe cequiremencs o#'G.L.Chap- eer]56D,Seetion 15.06: � f�PA�'cabte,pleacea�tmrh: � . sn agzeamenc[a rafrain&om uac of che unavailabk m,ne in che eoromuer�vealdt;snd • �co�ry oF eh�e doing busitr�s ceni6.e,�ze fikd in rhe eiry oc cown wh�[e ic maiqTilns ic9 n�i9ccreei o�and . a copy of the�olurlon of the mrporaciona bos�d af direcrors,mrtifird by icv axrerary,t��name under wh,icji the corpara- rion wili zrat�mee businesa in the eontmonaeaich punuanc co 950 CMR 11�.50(4). (3)�+irisdiccion of incorporar.ion:��,p.WARF Dace af inrnrpor�tionc n2_22_�s L?uratlon if nae perpecual: , (most�p,dajy yedrf ' {q} $tren address of principal officer 797 ADpRRFTT RnA[],!FXIN[�TC�N�MA f17d?i , (�umbar,rtrrdt,city er rown,Kits,Lip rade) {3) Screec adclrrs�uf re�ner�d utfica in che eammanwr�lch:Sherin snd LadQen.901 Fed�ral Str�et_Bnaton.MA 02110 ' (brmber,sme.Hry er toa,�,Jtata s�rode} Name oF rcgis�eced agrnr in the cammonweslch ar she sbove address�JOSHLIA M_BOI11tAdAN. I Joshua M.Bowman' regiscered a6cns uFclir a6ove encporac'son conacn�cu my appain�ratcnc�s agistcracl agcm pursuaur to(i�I„(,'fiapcer S56U,Seetivn 5.02." •l3r errprb r.gejnred ngw�dr eannnn c�n% P.0 �f7ke�707BlRtiNY OV�7104 , Feb. 25. 2016 1 :36PM No, 65p1 p. 3 (6} Fiscal ycar rnd: ��mbe�31 (moneb,daj'� � . (� Brir.F acscripcion of rhe corpotauon'a actjvicice ro 6c wnduacd in r�t�wmatonwc�l�: Sea Attachmant A {S) Nam,es�nd business sddreeaes vf i�a curren[offiacs�d dircctor� nTAME BU51NE5S�AD�RESS Pr�s;denc Amnrar Issa 727 Me�ren Rd.,Lexington,MA 02421 Vke-presldenc NIA � T:eaaunr. Anwar Issa 727 Marr�tt Rd.,Lexington,MA 02421 Seerers�y: Anwar Issa 727 MeRett Rd.,Le�ngion,MA 02421 A�;a�nr sarc�,y: Biil Carcoll 727 Marrett Rd.,Lexington,MA OZ421 T�Irec�o�(s): Mwar issa 727 Marcett Rd.,Lexingtan,MA 02421 Atmch arrificste of Iegal exiatenre 6r a act'ii'icax nf�rood atusding;eaned by m ot5�t or og�ry proper}y suzhoriud in sbe juriadicc(on aFerg�niascion. If r.��cerd6cau la fn a foreign langusgw,a�ana]adon checmf uader oazh of thc vanslaoor ahall be ucached, �S�Attec�lment B) 'I�ris at�catr jt efFecdve ac che cGne aat)oa t4te date approved by the Dhdsioa,unlesa a laar effecave dect ner mort chan 90 days Fmm chc tiaie of 61ing is sFecificd: Feb. 25, 241b 1 ;3bPM No, 65D1 �� 4 �-_J�--:�� 5;�n�a by: , �"r-"'y'-""�' _ —, (rrgnery,rafn.ibmvielindevtdtteQ . C) Chairmxn di the 6oard oFdfrecm�a, ' • C'� Vrecidenc, ArrNar lssa ' Q Oche�oA'iat ❑ Courc-�ppoiracd fiduciacy, 24fh ooihis, doyaffBliDLeCY , 2019 — Feb. 25, 2016 1 ;36PM No, 65Q1 P� � Attachment A Re:�,ixi�Tospitality Lexington F�MGT,lnc. The gezaeral cheracter of the business the carporation prappses to do in the Commonv�ealth: (i) to esater iuto fovd 8t bevecage lease agreements and ari�amendment or modification thercaf,a�d to p�y&nd perfOrm�ti8 Company's obligations including without , lirnita�ia�.tk►e ca�aratians's obligation to provide patrons.r�vith food and alcoholic beverage service; � tii) , to apply far,renew,transfer,hold and keep in gaad standing ane o�more alcaholic beverage permits with the applicable liquar licenSing sutharities;and (ii,f) m engage in any end al1 activities n�cessary,conveniez�t,desirable ox iz�cidental to tho foregoing,includipg all necessary�ais►ings,end tp eugage in as►y oth�er law�'ul buainess pr activity permitted by applicable law. 4 w, ) OOb416T2J . � Feb, �5, 201b 1 :36PM No, 6501 P. 6 Attachmerat B See attached. OD648133.2 Feb, 25. 2016 1 ;37PM No, 6501 '. 1 �� Page 1 7'he�'irst 5tate I, JEFFREY Di. H[7.LLOCR, SECRETARY OF STATE GF Tl38' 8�'ATE �F DTiLAWARE, DO 9EREBY GERTIFY "LIXI ap$,pITALITY T.,�XINGTON F8 MGZ', 2NC." xS DU�Y INCORPORATED VNDER Tl�E LAH3 QF TAE BTAT'� o�' DI�I,AaARE AND SS Z'p GOOn S�NDING AND HA3 A �EGAL CORPf�RA�s �xas2�xcE so F�x AS T� RECORDS OF T82S OFFSCE SHOW, R3 OP TbTE TWBNTY-S�CaND DAY 0�l�' FEBRTJARY, A.D. 2016. AN� Z txt AERE'BY F'URT�tER CERT28'Y THAT THE ANNUAL REPpRTS HAV� B��N F'YLLt1 TO DA�. .AND I DO HEREAX F'f7RTH�R CF.�tT2k"Y THAT THE S�AID "LIJCS htp3p2�'ALITY L�JiCIN6TON F8 D�GT, INC. " �AS S3ITCORPORATI�D ON Z'!�E TWId11TTY-SaCO1VD DAY OF FEBRUARY, A.D. 20.t 6. AND I Dp HEREBY F�RTHER CERTTFY R',HAT TAE FY7AIVCHISE '1'AJQsTS 13AVE' 8�1 PAID TO ,DIATB. M .. �J�'�A�� JMIq.N,�M4tIL6�onliry�tElw ' . s 1 �4� °�r A , 5970306 83Qa q��1� Authentltat3nn�20186634b SRIt 2Q18i0049Z7 -� Daze,02-22-16 veu may verify this cprtific�te anline at corp.de�aware.gav/authvEr.Shtml Feb, 25, 201b 1 :37PM No, b5Q1 P. 8 �� Page 1 The First 5tate I, JEFlrltEY W. BtlI,LOCK, 3&CREZ'ARY �F STAT& OF Tl� STA1°Z �F DSLAWIlRE, DD ftEREHY GERTIA7 TEE ATTAC.NED ZS A TRDg AND CORRECT CpPY OF TB8 CLRTIFIQ4TE OF 2NCORPORAT20N OF "LI]fI 90SPITAZITY L8lXING'TON PtB lAC2'� INC."� F2't�R IN Ti�TB OF'F7CE ON T� 'i'W�1V�'Y— BECOND DAY OB' FPBROARY, A.D. 2016, AT 12:15 Q'CZOCK P.DQ. A F'ILBD COPY OF TXIS CERTYFZCATB 14�LS BEEN FORDPARDSD T�O THS DIEio GASTI.E! CdUNTY RECORDER OF DELbS. '�z""��, � ^T�;?'.`P.�� !nn►rw.wAwcw'I,vq.rr.�aa. � ��+yb .•q, a� a i °p � 5970306 8100 �� ,4uthenticat€on:201865804 5R#2016100D691 Date:02-22-16 You may rerifp thi5 te�tificafe bnline at wrp.delaware.gov/authver.shtm! Feb. 25, 201b 1 :37PM No, 6501 �. 9 Soe�t a►avre � 3n7Wuc d 5�tr Dmy�e(C+rpwhrs amrd n:�4nlnan7Wi Sp,ED I]'15PUi2l:901,C 9fl'-O�NInoiN •fkKole SHhlC6 STATE Q,1`AE�,P►WARE. CE�TIFICATE of Y1�1�CO�kPOItATION A �LOSE CORPORATION Of LIXI HpSPIT�KIITY I.EXINGTON FB MGT,INC. .(n�me.d£corporatioq). �.�iust:T'he name of�his Corporat�pn is �1X�FIO$FiTALITY LIXING70N F�M6T,IN�. •Sesond,�ts.l3.egi�tere�d C?�'ice xt�the S�ate 4�'De1aW�rG��s to b�IoC�Ci at . Z711 CenteNlllE ROed�Su[te 4Q0 �p'��j�'�i�zt�ofWilmingCon,.�E Coiinty of N�w�as'�� ip'�.odc 19808 , The Registereil Agent in ok�argc tlitt'e0�'is Corporetior�:�aivioe:.C,ampsny Tbird: 'I7�e natare of business.and fh�objects er�d purposes proposed�tb be tra�sected, gromoted and cairieil an, are to tn�ago in arry 1aw�u1 aarit, or. sctivity fvr which: corporations,may b�.organi�undex�e�G.en,.e.ral?Cocpor.atip�Lsw af Delaware. •�'aur�h:'�'he�r�.ount of the tqta�sio.��of�i�co�or�ian is authprfze�to i�sue is 2� 3ltar8s(il�tlbeT Q�autbor.iz�d Shazes��vith a pec valne.' �f.��•<00 . .�Cr�h8re. ►�'ifth:T}ie.aame and meiling address bFthe its�rpor�t�r�a�foll�ws: jQ�,�Joshu3 M.Bowrtun,Esq. Iviailin�g.11ddresscit��rierin arid.LOd9�n Ll:P,1D1.FRd�ral_Stt�,.B�tc�tr,�MA 7.ip Cad'e�211� *Sixth:A11 of the�orpo�ioc�'s issu�t.srock o£sfI�classosx:exclusive of u�9sur�shares, shalt b.e repr.tser�ted.bq certificates as�d �h�,11 I�c htld of recotd by�not more�tha�a a specified n,untb�r•a�pc�soqs;�ipt exceed�qg 30, � Sevent6: All of th� issried st�ock o�aI! classee shall b�sublect;to. 1 or rnoYe of the reslrictions on transfer pecrniued �q S�tit�in 2d2-of the Creheral C�rporation Y.aw o�' State af Delai�r�e. •�ig6th:Ths Corporat�on�sha11 make.na oEfertng vf�ny af its stock o#'sny clast which would constitute a "pub�ic ot�`ering" witbii� tk�� meaz�in� of the CJnited States Securities Act of 1933 as it may be amended from time to time. • Z, 7he �'ndersigned, for the purpose oF fonning a cacpbration tutader th� 19ws of che State of I7claware, do make, fide and recortl thas Certx�cate, and dp certify thet the #'acts herein stated ate hue,and I have aceordingl}�he�unto set my hand this 22�d �,y p�Februsry ,A.D.2018 �Y:!�1 Joshua M.9owman,Esq, (xncaxpotator} ��;J45hu�M.sovumm�n,�sq. (typ�or pr�nt) Feb. 25. 2016 1 ;37PM No, 65Q1 P, 11 ��k�QSPITA�LTTY A�1bdVER FB MGT LLC LL�iI H(JSPiTALITX AI�iD�YER LLC �HOSPx?ALITX R�VEIt�,LLC ; LI�CJSA NYA,NA.G�MENT LLC !, LIXI LE7�NGTON MANAGEMEN'�,�NC. ; LIXI HOSpITAL�TY LEXiNGTON,INC. ' 729 M�rrett Road i LexjngGon,MA 02421 Februsry 24,201 b � The Cornmonwealth of Massachusetts i � Secretary of t�e Co,na�onwealth , ' Corporatic�ns Division ` One Ashbur#on Place, l7�'�loor � Bvstvn,MA 02I(�$•1512 i Yt�: Consent to Ue�e of Sim'�l�r Narne ; l�ear Sir or Madam: Pursuant to tk�e relevent ptavisiorYs of ihe Massachusetts Business Corporatior�Act,L� � HOSPITi4,T:ITY�4N�OVER FB MGT LLC,L�I�OSPITALITY.AND�VER LLC,�,T�Y H(7SP�T'ALITY REVER,E,LLC,LIXI USA NTANAGEMENT LLC,LIXI LEXINGTON IuiANAGEMENT,It�IC.,LIXI HOSPITALITY LFXINGTON,IfdC.,hareby consent to the use ; af the name"LIXI HOSPITALITY LEXINQ�TQN�MQrT,INC:'in the Conunoz�weatth,af Massachusetts as a carporatian„tbe Fresident af w3iich is Anwax Yssa. �� i Very truly yaurs, � � LIXI HaSPITALI'I'Y Al�lbO'VE�t l�MGT LLC � Ll�HdSPi'�'�ITY ANDOVER LLC i LIXI Y�OSPITALITY ItEVER.E,LLC � LIXI USA MAMAGEMENT Y.,LC i , , Byc � • ( Shen i o,Msn;ager i Y.7XI LEXIlY�TQN 11�ANAGEMENT,Y�1'C. I LIXI HOSPITALI'TY LEXYNG'TOP�t,T11�C. I i ; �y: �t fQ+� , 3 Shen Xi ,.President i ( � I oataei9�,z I MA SOC Filing Number: 201667580070 Date: 2/25/2016 1 :52:00 PM THE CCJMMO1�fWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: February 25, 2016 �1 :52 PM . - ! -� WILLIAM FRANCIS GALVIN Secretary of the Commonwealth MA SOC Filing Number: 201605437770 Date: 11/29/2016 5:46:00 PM From 6173347525 1.617.334.7525 Tue Nov 29 15:45:19 2q16 MST Page 2 af 4 ��, �o, ....�.. �� ..... <<.a .�;,,,,."...,z F �l'ie �Cammon��alzh o� �Ca�r,�achu.�rett� �� F�� Secretaty of nc�Comunonwealth One Ashburton Place,Boston,Massachusetrs 02108-t 512 .. , . Certificca�ee of Ameadment , . (Genera)I.aws C�epter lSbD,Section 15.04;950 CMR 113.49) (I) Exaa rrame of corporacion: �-�X!H(7SPITALI7Y�EXINGTON FB MGT,INC. (ur coruained in the Divirio�is nto�dr) (2) R�g�te„cd office a,idre�; C/O SHERIN AND IODC,EN LLP, 101 FEpERA�,S7.,B03TON,MA Q2110 (aumbn,srnet,rity os w�u�,ftate,zip rnde) (3) This amendmenc shaal change: (chakappropriau baz(n1) ❑ che corporation s name to*: ❑ t�e period of the corponcions duration to: ❑ che staae or councry of ics lncorporauon co*: ❑ che screet address of ics pcincip�l o�a co: � the 6scal yar end co: � che acrivi�ies ennduaed by rhe foreign corporacion in cl�e oommonwealth: 0 irs ofl5cers and d�roaors: Presiderrt,Treasurer,SeCiretary and Diredw:Chrisboplter C.Bano,T2�Marrett f2d.,Lexington,MA D2421 Ass�tant Secxetary:Biil Camnll,727 Marrett Rd.,Lea�ngton,MA 0242f ❑ ather The nanu mustratirfy thc+rqufm.nenu afG.L Ch�par IS6D,5retion IS.l1�£ 'If r!n anundmnu irrcG�drs a changr r f iu corpasau nanu,ar tlie.ca�u or country of itc iurccor,�oraaon,auach a certifuat�evidrncing tJ�v cl�angxr duly authenticare�d Gy she ucntary of iratr ar otlirr o,�icial J�arring cwstady af thr rorpnrau mords in the state or cauxsry uxder wharr lav�ir ir incor,porttuu: If tlx certificate u in a foreign langwtge,a t�artclation therrof rinnder eath nf the trwulator ahall be attached. P.G. �,seanso,osxnaw o.�,s�oe From 6173347525 1.617.334.7525 Tue Nov 29 15:45:19 2016 MST Page 3 of 4 11/ 4J/i.Vl4 11 .U4 IA.A �VVU/VVS This certificare is tffec�it�ac tEu rimc and un the dacc apprrned by the Divisioc�,unl+tss�later el�etcive daa nat more thut 90 days fmrn the clatc oF�iling is specificd: � f,�..,,, C�''-�'' �"`�� s��a b�: , ��,�of�,r�o,�a�;��r� ❑ Chairman of cl:e boazd of direaors, 0 Pztisidcn�, Christopher C.8otto ❑ Other oN`icer, ❑ Court•appoinrid fiduciary, ______��{'1'� on c6is � day of November , 2016 MA SOC Filing Number: 2016�5437770 Date: 11/29/2016 5:46:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted ta me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: November 29, 2�16 05:46 PM . - I' WILLIAM FRANCIS GALVIN Secreta�y of the Commonwealth MA SOC Filing Number: 202378564580 Date: 2/26/2023 10:48:00 AM ,,,�. � �,,f The Commonwealth of Massachusetts MinimumFee:��oo.00 ,� �� '�� William Francis Galvin �,.. �- ~ � Secretary of the Commonwealth, Corporations Division r � � One Ashburton Place, 17th floor �, �,� Bostan,MA 0210$-1512 ��'i �•>y�`�'� Telephone: (617)72'7-9640 . . . . . - .� . . • � ' Identification Number: 001211619 1. Exact name of tF�e corporation: LIXI HOSPITALITY LEXINGTON FB MGT INC. 2.Jurisdlction of Incorporation: State: DE Country: USA 3,4. Street address of the corporation registered office in the commonwealth and the name of the registered 'Iff agent at that office: Name: JOSHUA M. BOWM.AN Na. and Stree#: 101 FEDERAL ST. GO SHERIN AND LODGEN LLP Ciry or Town: BOSTON State: MA Zip: 02110 Country: USA 5. Street address af the corporatian's principal office: No. and� Street: 727 MARRETT RD. City or Town: LEXINGTON State: MA Zip: 02421 Cauntry: USA 6. Provide the name and business street address of the officers and of all the directors of the corporatian: (A pr�sident, treasurer, secretary and at/east one director are required.) Title Individual Name Address (no PO Box) Firsl,Middle,Last,Suffix Address,City or Town,State,Zip Code PRESIDENT CHRISTOPHER C.BONO 727 MARRETT RD. LEXINGTQN,MA 02421 USA TREASURER � CHRISTOPHER C.BONO 727 MARRETT RD. LEXINGTON,MA 02421 USA SECRETARY CHRISTOPHER C.BONO 72�MARRETT RD. LEXiNGTON,MA 02421 USA DIRECTOR � CHRIS70PHER C.BONO 727 MARRETT RD. LEXINGTflN,MA 02421 USA 7. Briefly describe the business af the corporation: ENTER INT(7 AND HOLD LiQUI�R LICENSES AND AGREEMENTS 8. Capital stock of each class and series: Par Value Per Share Total Authorized by Articles Total Issued � ; Class of Stock Enter 0 if no Par of Organizatian or Amendments and Outstanding Num ofShares Total Par Yalue Num ofShares CWP � $1.00000 ��^ 250 $250.00 250 ... I d Z '� w t° A � � � �, � � N W N O. � a fA '-� .N ' M •- � � � O � Q L Q� � � � O fl' 'C � � C • M � V q> � d L � O CLJ .c � �i N w ro y�„ �+'+ �; w � x � ro v N 0 � � +�+ "= E,y ,Q '� � `' V� � N a> w I—I (�I c � d � � � � -� � , y U p V � � � M � .L � Y'`►a V�ii N N � N o � � � � � •~ r rn /�� O � �/ �. �. ,., �� CV _ Q� r � � � Q TERM NOTE _........._.. -----_ _..........__._..._._,,_ .__. DATE: April 6, 2023 _�....�w...w.... _..._.. __-___...._._._ ........__._._.__.__�.___-___.m...u_ BORROWER Lixi Hospitality l.exington, Inc. Or MAKER: (a Delaware limited liability campany) 727 MaRett Road Lexington, MA 02421 ATTN: Shen Xiao, President 8�Treasurer GUARANTORS: Shemm��rn�� .. n Xiao and �ixi Hospitality Lexington FB MGT, Inc .�.M..._._...........�............__.._._ LENDER: Salem Five Cents Savings Bank 210 Essex Street Salern, MA 01970 _.._.............._..._�._..._............_........ PRINCIPAL AMOUNT Twenty-Five Millian and 00i100 Dollars($25,000,000.00) OF N�TE: LOAN TERM: The period af sixty{60} month Mu��µ��WTyMmm�� s commencing upon the date hereof. �AMORT...�._.._ _._._.__�._____�__e_.....______._.__...__.__. _ .___.__._...___... __. IZATION The period af twenty-five(25)years commencing PERIOD: upon the date of this Note. This is a BALLOON NOTE with monthly payments based on the Amortization Periad, but with a balloan paymerrt of a!I outstanding principal and interest on the Maturity Date. I MATURITY DATE:��mm��.� A ril 6, 2028 �� PAYMENT DAY The 6th day of each rnonth, and the Maturity Date (each a "Pavment Day"). Mor�thly payments shall begin on May 6, 2023{the"First Pavment Dav"). _____......_......�_._...___�_.__... INTEREST PERIOD: The period from the date hereof to the First Payment Day and thereafter each period between two consecutive Payment Days. INTEREST RATE: A fixed rate equal to, as of the date af this Note, the prevailing 5-year Federal Home Loan Bank (FHLB) Classic Advance Rate {the "Index") plus 200 basis points (bps). Based an the prevailing Index as of the date of this Note, the Interest Rate for the Laan Term is 5.75°!0. PREMISES or� T2? Marrett Road, Lexin t011' Middlesex Goun , Nole�727Mer vt•5(RF)_EXECUTICN_(227029.4) Page 1 of B 4881-2%13-6744.v3 MORTGAGED Massachuse�_........__.._....__.. _._......�. ________.._. � tts 02421, together with all appurtenances PREMISES thereto, the improvements and personal property thereon MORTGAGED belonging to the Borrawer, leases and other tenancy ; PROPERTY: arrangements with respect thereto and the proceeds thereof, �' _._._v_._.._._.....� e Mortgage. � Wm Mm w�kmm�`_ all as more particulariy described in thWM^mm ' MORTGRGE: A Martgage and Security Agreement of even date herewith � as may be modified, revised, amended and restated, encumbering the Mortgaged Praperry between Maker, as �' rnortgagor, and Lender, as mortgagee. ....v... ._........_ __..._.... _...._ ........_�_ i CO�LATERAL: The Loan (as defined in the Loan Agreement)will be secured by a first mortgage an the Mortgaged Premises; a collaterai % assignment of all leases{including the air rights lease), rents, and operating accounts; a first lien security interest in all 'I fumiture, fixtures, equipment and other personal properky i owned by the Borrower and used in connection with the Mo�tgaged Premises; a collateral assignment of all contracts, � a�greements, licenses and permits; callateral assignment and subordination of management agreements; and a collateral assignment and/ar pledge from Lixi Hospitality Lexington FB I MGT, Inc. of all contracts, agreements, licenses and permits ' as applicable; and camfart letters executed by Borrower's franchisor and Lender dated on or abaut even date herewith ' (as may be amended, revised, modified and restated, the "Comfart Letters"). The Laan will be guaranteed by the Guarantor(s). LOAN AGREEMENT: A Loan Agreement of even date herewith between Make � r, as Borrower, Shen Xiao and the Lender as rnay be modified, revised, amended and restated. A NOTE PARTY: Each of Maker and any guarantor, endorser or surety of Maker, LOAN DOCUMENTS: This Prornissory Note (this"Note"), the Loan Agreement, ; Comfork�etters, and all other instruments and documents executed in connection with the �oan, each of which as may be modified, revised, amended and restated the. DEFINITIONS: All capitalized terms shaA have the meanings set forth in the�� Loan Agreement or as otherwise specifically defined herein. PLACE OF EXE- Boston, Massachusetts �� I_CUTI(�N OF NOTE: Nole-727Mer v1-5(RFJ_EXECUTIpN_(227029.4� page 2 ut 8 4881-2813-6794.v3 �*«�.*,.�**,�**,w�**,r�,�,�**,�,�***,�**,�*�*:�,►*�**�****************,��*,�*** 1. Pramise to Pay. FOR VALUE RECEIVED, Lixi Hospitality Lexington, Inc. (herein referred to as "Maker" or"Borrower") does hereby promise ta pay to the order of Lender at the affice of �ender set farth above or at such other place or places or to such ather party or parties as the holder of this Note may from time ta tirne designate, the Principal Amaunt af this Note, together with interest thereon, as follaws: 1.1. Manthly Principal and Interest. On each Payment Day other than the Maturity Date, a payment af principal and interest based upon an amortization schedule calculated to provide for amortizatian of the principal balance then outstanding, with the interes# at the then applicable Interest Rate in effect from tirne ta time, in equal monthly installments over the Amortization Periad then remaining. Based on the Amortization Period and the Interest Rate, the payment ciue on each Payment Day will be $158,564.16. 1.2. Principal, Interest and Other Pavments. On the Maturity Date, a final balloon payment equal to the principal balance then outstanding plus all unpaid interest at the applicable Interest Rate upon the principal balance outstanding, plus all other amounts due hereunder or under the Laan Documents. 1.3. Each such payment provided for herein shall be applied when received, first to#he payment of interest at the Interest Rate upon the principal balance outstanding and the remainder, if any, of each such payment shall be applied to reduce the principal balance; except that if any monies paid by the holder of this Note to cure any Event of Default af Maker shall not have been repaid, payrnents made on accaunt of monies due under this Note may, at the option of the holder af this Note, be applied first ta repay such monies paid and the balance, if any, shall be applied on account of interest and principal in such proportions as the halder of this Note shall determine. 1.4. Interest for a period between two Payment Days shall be computed on a daily basis on the loan proceeds outstanding during said period by the application of a 360-day per diem factor ta the actual number of days during which Maker has had use of the funds. 2. Pre-pavment. Upon giving Lender at least forty-eight(48) hours priar written notice, Maker may prepay the unpaid principal balance af this Note upon campliance with this Section 2. In addition to the payment of principal, accrued interest and other sums due to Lender at the time of prepayment, whether such prepayment is valuntary or involuntary(by acceleration or otherwise), Maker shall pay a prepayment fee as follows(the "Prepayment Fee"): 2.1.For any prepayment made during the 1 St year of the Loan Term, 2.0% of the outstanding loan balance; and 2.2.For any prepayment made during the 2"d year of the Loan Term, 2.0% of the outstanding loan balance; and 2.3.For any prepayment made during the 3�d year of the Laan Term, 1.0% of the autstanding loan balance; and Nole�727Me�vi•5(RF)_EXBCUTION_{22?024 4} PaQa 3 0(8 4$81-2813-6794.v3 2.4.For any prepayrnent made during the 4th year of the Loan Term, 1.0% of the outstanding loan balance; and 2.5,For any prepayment made during the 5th year af the Loan Term, 1.0% of the outstanding loan balance, provided the �ender will waive the prepayment fee for any prepayment made within 180 days of the Maturity Date, provided the Maker has delivered to Lender written notice of its intention to prepay the Loan on ar before such 180 day period, provided further that if the Borrower delivers such notice, the Bvrrower shall nat be obligated to prepay the Laan if it sends written notice withdrawing such intentian to prepay the Loan. 3. Late Pavment. If at any tirne or from time to time any amount payable(other than the balloon payment of principal due on the Maturity Date or other acceleration of the entire debt then remaining unpaid) by Maker to�Lender on account of principal or interest shall not be paid on or before the due date thereof then, in addition to all other rights the Lender may have hereunder or in the �aan Documents, Maker shall pay to Lender upon demand, in additian to all other amaunts payable, a late charge equal to five percent(5%)of the amount so averdue. 4. Default Acceleration. An "Event of Default" is defined as(1) a default in the making of any payrnent provided for in this No#e in full as and when due, or(2) any other event designated as an Event of Default herein or in any other Loan Document, ar(3) any breach or misrepresentation of this Nate or any ather Loan Dacument that continues uncured beyond any applicable grace or cure period. If an Event of Default occurs,then: 4.1. From and after the date of the Event of Default, the rate of interest specified in this Note shall be increased to five percentage points (5%)above the Interest Rate applicable from time to time hereunder, all calculated on a daily basis (but no more than the maximum legal rate); and 4.2. At the date of the Event of Default or at any time thereafter during the continuance thereof the hokler hereof may, without notice, declare the entire debt then remaining unpaid, to be immediately due and payable. 5. Righ#s Not Waived. Failure of the holder hereaf to exercise the option of acceleratian fallawing any Event of Default, or to exercise any other option granted hereunder, or the acceptance by the holder hereof of payrnents hereunder shall not constitute a waiver of any such Event of Default, but such options shall remain continuously in force. 6. Changes to Note. This Nate may not be changed orally, but only by an agreement in writing and signed by the Maker and the holder thereaf, 7. �iabilitv of Parties, If there is more than one Note Party, the liability af the Note Parties shal! be joint and several; if Maker consists af more than one persan or entity, the liability of the persons and enti#ies constifuting Maker shall be joint ar� several. Each Note Party agrees #hat it shall be baund by any agreemen# extending the time for payment or modifying the terms of payment of the Note made by the holder of this Nate and Maker(or any ane or more of the persons or entities constituting Maker, if Maker shall consist of more than ane person or entity) ar the owner or owners of the property subject to the Mortgage, with or Nole 727Mer v7-5(RF) EXECUTION_(227029 4) Pege 4 of B a8s�-26�3-679a.v3 withaut natice to such Note Party not party to such agreement of extension ar modifica#ion. The liability of each Nate Party shall be unaffected by the release of any other Note Party or any modification, waiver, release ar discharge of any security. 8. Waiver Extension Modification. Each Note Party hereby waives presentment for payment, demand, notice of dishonor, diligence in collection, protest, and all other demands and notices in connection with the delivery, acceptance, perForrnance,default or enfarcement of this Note, the Mortgage or any other security for this Note, and agrees to perform and comply with each of the covenants, conditions, provisions and agreements of any of the � undersigned contained in every instrument evidencing or securing the indebtedness evidenced by this Note. No extension of the time for#he payment of this Note or any installment hereof made by agreement with any person now or hereafter liable for the . payrnent of this Note shall operate to release, discharge, madify, change or affect the . liability of any Note Party. 9. Enforceabilitv. If any provision af this Note shall be determined to be invalid or unenforceable under law, such determination shall not affect the validity or enforcement or the remaining provisions of this Note. Notwithstanding any provisian contained in this Note or in any instrument now pr hereafter given as security far this Note or in connection with the loan,the maximum amaunt of interest and ather charges in the nature thereof contracted for or payable shall not exceed the maximum amaunt of interest and other charges allowable by law. If the same shall be determined to exceed said maximum arnount,the same shall be reduced to said maximum amount. 10. Lender's Costs and Expenses. The Maker will pay, upon demand by Lender, al{ reasonable attorneys'fees, out-of-packet expenses incurred by the Lender's attarneys and all costs incurred by the Lender, which costs and expenses are directly related to the preservation, protection, collection, or enforcement of any of the Lender's rights against the Maker ar any endorser or guarantor and against any collateral given the Lender to secure this Note or any extension ar ather indulgence, with respect to the loan evidenced by this Note(whether or not suit is instituted by or against the Lender). 11. Remedies Cumulative. The remedies of Lender, as provided in this Note and khe other Loan Documents, shall be cumulative and concurrent and may be pursued singly, successively ar together, at the sole discretion af Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or�emedy shall in no event be construed as a waiver or release thereof. 12. Headins�s. Headings in this Nate are included for convenience of the parties anly and shall nat canstitute a part of this Note for any ather purpose or be utilized in the interpretation hereof. 13. Set-off. Any and all deposits or ather sums at any tirne credited by or due from Lender ta the Maker(other than payrall accounts) shall at all times canstitute security for tfiis Note and any other obligations of the undersigned to Lender and may be applied or set off by Lender, during the continuance of an Event of Default, against such obligations whether or not other collateral is available to Lender. NWe-727Mer v1-S�RF) EXECUTION_{22T029 4) Pege 5 of 8 4$81-2813-6794.v3 14. Gaverning Law. This Note shall be governed and construed exclusively in accordance with the laws of the Comrnonwealth of Massachusetts. 15. Consent ta Jurisdiction. �onsent to Jurisdiction. Maker acknowledges and agrees that at the sole and exclusive option of the Lender. (i)this Note will be deemed to have been performed in the Province of Qu�bec and the courts of the Province of Quebec will have jurisdiction to entertain any action arising under this Note. The Maker hereby submits to the non-exclusive jurisdiction of the courts of the Province of Qu�bec or any cou�t in Provincial Canada where the Maker is domiciled or maintains assets. And (ii) Maker further consents to personal jurisdictian in any state ar Federal court located within the Commonwealth of Massachusetts. MAKER AGREES THAT ANY SUIT FOR THE ENFORCEMENT OF THIS AGREEMENT OR ANY OTHER OF THE LOAN DOCUMENTS MAY BE BROUGHT IN THE COURTS OF THE COMMONWEA�TH OF MASSACHUSETTS OR ANY FEDERAL COURT SITTING THEREIN, OR AT LENDER'S SOLE AND EXCLUSIVE OPTION, IN ANY COURT IN PROVINCIA� CANADA WHERE THE MAKER IS DOMICILED C?R MAINTAINS ASSETS,AND MAKER CONSENTS T(�THE JURISDICTION OF SUCH COURT AND SERVICE OF PROCESS IN ANY SUCH SUIT BEING MADE UPON MAKER BY MAIL AT THE ADDRESS SET FORTH IN THIS AGREEMENT. MAKER HEREBY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH SUIT OR ANY SUCH COURT OR THAT SUCH SUJT IS BROUGHT IN AN INCONVENIENT FORUM. 16. Waivers Pertaining to Jury Trial, Etc. IN ANY CASE, CONTROVERSY OR MATTER WHICH ARISES OUT OF, OR IS IN RESPECT OF, THIS NOTE AND/OR LOANS EVIDENCED HEREBY, OR ANY COLI.ATERAL SECURING THIS NOTE, OR ANY UTHER INSTRUMENT IN CONNECTI4N WITH THtS NOTE, WHETHER NOW EXISTING OR HEREAFTER ARISING, THE MAKER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY: (A)WAIVES ANY RIGHT TO AND AGREES NOT TO BRING, CC}MMENCE, OR OTHERWISE TAKE ANY ACTION TO TRANSFER ANY PR�CEEDING INCLUDING WITHOUT LIMITATION COURT ACTION, ARBITRATION, MEDIATION, ADMINISTRATIVE PROCEEDING OR OTHERWISE, OTHER THAN 1N THE COP�IIMONWEALTH OF MASSACHUSETTS; AND (B)1NAIVES ANY NOW EXISTING AND/OR HEREAFTER ARISING RIGHT TO A TRIAL BY JURY. 17. Successors and Assiqns, Assianment. This Note, and the obligatians and undertakings herein set forth, shall be binding an the Maker and the Maker's successors and/or assigns, and shall inure ta the benefit of the �ender and the Lender's successors andlor assigns. The foregoing sentence notwithstanding, the obligations and undertakings of the Maker may not be assigned in whole or in part without the prior written consent of the �ender, and any atternpted or purparted assignment wlthout such written appraval shall be unenfarceable against the �ender and shall be void and of no force or effect. Nole-727Mar v1-5(RF� EXEGUTION_(227029 9) Page 6 of B 4881-2813-6794.v3 [Signature Page To FoNow] Nple-727Mnr vt-5(RF)_EXECUTION_(227029 4� Page 7 of 8 4881-2K13-6794.v3 Executed as a sealed lnstrument. MAI�RJBOF.RdWER LIXT HOSPITALITY LEXINGTCIN,INC. � Hy. 'r/� - ��'�(;�'��,��'c�,` Namo: Shen Xiaa Tit1e.Presideut a�d Treasurer,Duly,Author'rzed 1 �..,�,�Q�.,<��,� �»� GUARANTY Lixi Nospitality Lexingtan FB Mgt, Inc. DEFINITIONS: The follawing expressions shall have the following meanings: THE GUARANTOR: Lixi Hospitality Lexington FB Mgt, Inc. 727 Marrett Raad Lexington, MA Christopher C. Bono, President and Treasurer THE LENDER: SALEM FIYE CENTS SAVINGS BANK 210 Essex Street Salem, MA 01970 THE BORROWER: Lixi Hospitality Lexington, Inc. (a Delaware corporation) 727 Marrett Road Lexington, MA 02421 Attn: Shen Xiao, President and Treasurer THE �C}AN AMOUfJT: Twenty-Five Millian and 00l100 Dollars ($25,000,000.00} evidenced by the Nate and the Loan Agreement, (bo#h defined belaw) This Guaranty is executed and delivered to induce the Lender ta lend the Loan Amount to the Borrower, said laan being evidenced by, amang ather things, that certain Promissory Note of the Borrower of even date herewith drawn to the order of the Lender in the amount of$25,000,000.00 (the "Note"), that certain Loan Agreement of even date herewith (the "l.oan As�reement"), secured by a Mo�tgage and Security Agreement of even date herewith(the "Martqa�te"), that certain Hazardous Materials Indemnity Agreement by the Borrower of even date herewith (the "HazMat Indemnitv"), that certain Pledge and Securiry Agreement by and befinreen the Guarantor in favor of the Lender of even date herewith (the"Pledae"), and by other security. The Note, the Loan Agreement, the Martgage, the HazMat Indemnity, the Pledge, and any other instrument given as security for or executed in connection with the indebtedness evidenced by the Note and the Loan Agreement, are herein called the "Loan Documents". Guarani�,-Li<i hlarap�'ntity V..uziny�iun 9"8 R9ct.Ir�c vl � The Guarantor represents, warrants and covenants as follows: 1. The Guarantor unconditionaily guarantees to the Lender the full and punctual payment and collection of all principal and interest payable under the Note as and when said principal and interest shali be payable at the times provided in the Note, or by acceleration at the option of the Lender or any Holder of this Note, in accordance with the provisions of the Note. 2. Upon any and every default by the Borrower of any of the obligations of the Borrower under the Note, the Loan Agreement, the Mortgage, or any other of the Loan Documents which default remains uncured after applicable notice and cure periads, the liability of the Guarantor shall be effective imrnediately and withaut notice and shall be satisfied as to such default on demand; and without limiting the generality of the foregoing,the Lender shall have no obligatian ta exercise any right ar remedy or to seek any recovery from the Bar�awer or to realize upon any security priar to proceeding hereunder against the Guarantor, and, likewise, the enforcement of the Lender's rights against the security given by the Borrower for the loan shall nat impair the right of the Lender to enforce this Guaranty, the Guarantor expressly agreeing that any such action by the Lender shall never operate as a release of liability under this �uaranty, and the �ender shall have no obligation to exercise its rights under this Guaranty against mare than one of the Guarantor and may proceed against all ar any Guarantors of the loan. 3. The Guarantor guarantees to the Lender the payment of any and all expenses paid or incurred by the Lender{including reasonable attorneys'fees) in connection with the enfarcement of the obligations guaranteed hereunder and the obligations of the Guarantor hereunder. 4. The liability af the Guarantar shall not be discharged by(i)any amendment or modification of the provisions af the Note, the �oan Agreement, the Morkgage, or any other instrument between the Borrower and the Lender, {ii) any extensions of time fpr pe�forrnance required thereby, (iii)the release of the Barrower, by operation af law or othenlvise(including, withaut lirnitation, in bankruptcy or insolvency proceedings),from performance of any of the obligations of the Barrower cantained in any of said instruments, or(iv) any substitution, exchange or release af col(ateral for the Borrower's obligations, in each case whether with or without natice to the Guarantar. The Guarantor waives natice of acceptance af this Guaranty, presentrnent, demand for payment, pratest, notice of non-payment and natice of other default. 5. The Guarantor agrees that failure of the Lender in any one instance to proceed against the Barrower or any Guarantor to enforce any of its rights with respect to any default shall not constitute a waiver of the Lender's right thereafter to proceed to enforce its rights with respect ta such default or with respect#a any or all other defaults af the Borrower under the Loan Documents. The Guarantor shall not assert or interpose any suretyship defense whatsoever. Guaranry� Lixi7ltrzpi�ality7_rzin�lanFF3blgl.hrc vl � 6. Upon full payment of all arnounts due under or pursuant to the Note,the Loan Agreement, and such other indebtedness as may be secured by any Loan Document, the obligations of the Guarantar under this Guaranty shall autamaticaliy cease, become null and void and be of no further force or effect except as to those duties, obligations and undertakings hereby guaranteed that, by their terms, survive such payment. 7. The fact that the Lender shall permit the Note or the l.aan Agreement ta remain unpaid at and after the maturity date of the Note or the �aan Agreement, and shall accept payments on account of principal or interest, shall not be deemed a waiver of the right of Lender to demand payment at any time after the maturity date. 8. This Guaranty is intended to take effect as a sealed instrument, shall inure to the benefit of the Lender and its successors and assigns, and shall be binding upon the Guarantor and the Guarantor's executors, administrators and assigns; and all rights and remedies of the parties shall be determined as to their validity, construction, effect and enforcernent, and in all other respects of the sarne or different nature, exclusively by the laws of the Commanwealth of Massachusetts. 9. The liability of the undersigned is primary and shall be unlimited. 10. If and as long as there is more than one guarantor af any of the obligations of the Borrower to the Lender, now existing or hereafter arising, the liability of the undersigned shall be joint and several with any such other guarantor�s), and the cantinuation of this Guaranty as to the undersigned shall not be affected by the termination, discantinuance, release or modifieation af any guaranty of any other guarantor, including withaut limitation, termination because of the death of any individual guarantor. 11. As security for the payment and performance of Guarantor's obligations hereunder, Bank is hereby granted a lien and security interest in: a)finro certain all alcoholic beverages licenses, Nas. 0�0032-HT-�612 and 00033-HT-0612, issued by the Town of Lexington ta the Guarantor; and b)to any and all deposits ar other surns at any time credited by or due from Bank to Guarantor whether in reguiar or special depository accounts or bthenvise, and all moneys, securities and ather property of Guarantor and the proceeds thereof, now or hereafter held or received by Bank,whether for safekeeping, custody, pledge, callection or otherwise. Upon the accurrence of a default hereunder, and in addition to and not in lirnitation of any and all rights and remedies of the Bank hereunder, under the Pledge, or�therwise, all of such rights and rernedies being cumulative, Bank may set aff any such deposits, other sums, rnoneys, securities and ather property and the proceeds thereof against any or all of the obligations af Guarantor, without prior notice or demand, and regardless of whether or not such abligations are secured by any other collateral, and regardless of the adequacy of any such other collateral. 12. Waivers Pertaining to Jury Trial, Etc. IN ANY CASE, CONTROVERSY OR MATTER WHICH ARISES OUT OF, OR IS IN RESPECT OF, THIS GUARANTY AND/OR RNY �OAN DOCUMENT, WHETHER N(JW EXISTING OR HEREAFTER ARISING, THE Guwnnry...Li:ei 17pspifnlity Lcxi:i�ion FQ M�;I.Ine� v I '� GUARANTOR KNOWINGLY, VOLUNTARILY AND INTENTIONALLY: (A)WAIVES ANY RIGHT TO AND AGREES Nf3T TO BRING, COMMENCE, OR OTHERWISE TAKE ANY ACTION TO TRANSFER ANY PROCEEDING INCLUDING WITHOUT LIMITATION COURT ACTiON, ARBITRATION, MEDlATION, ADMINISTRATIVE PROCEEDlNG OR OTHERWISE AGAINST THE L.ENDER C1R ANY HOLDER OF THIS NOTE AND/(�R ANY OF THEIR AFFI�IATES, QTHER THAN IN THE COMMONWEALTH OF MASSACHUSETTS; AND (B)WAIVES ANY NOW EXISTING AND/OR HEREAFTER ARISING RIGHT TO A TRIAL BY JURY. 13. Statement of Consideration. The Gua�antar understands that the Lender is unwilling ta make the Laan without the Guaranty of the Guarantor, and that if the Lender makes the �oan it will do so in reliance upon this Guaranty. The Guarantor further states that the Guarantor will benefit indirectly from the Loan, and this Guaranty is given ta induce the �ender to make the �aan. [Signature Page To Follow] Cuvnmy-Lixi Hospiidiry Lexingian!'I3 Mgi.Inc r I � _ ; � , � . ` � , ' .J 1� '� ! , d ` / ._ �"„ .4i .,p' ' ! a / 1NITNESS my hand and seal this 6 day of April , 2023 iN 7NE PRESENCE C7F LIXI NOSPITALITY�EXINGTC7N FB MGT, Ih�C, �.- , �� .. . r,___�� „--- r,,. � r' � r �n � r�t�fl w � ,I �� '� �" gy� .-�'trrl"sl`o her G.B VUi4rress � , ,.��---A^' ono Na �- p Iis; Presidenk and 7reasurer Y a PLEDGE AND SECURITY AGREEMENT This PLEDGE AND SECURITY AGREEMENT (the"Agreement") is entered into is i�rade this � th day of April,2023,by and between Lixi Hospitality Lexington FB Mgt, Inc.,a Delaware corporation ("Pled�or"), and Salem Five Cents Savings Bank{"Secured Partv"). RECiTALS A. Pledgor is an affiliate of Lixi Hospitality Lexington; Inc.,a Delaware Corporation (the"$orrower"); B. Barrower has executed and has delivered ta Secured Party a certain Promissory Nate of even date herewith given by Borrower as maker to the order of Secured Party(as inay be altered or amended,the"Note")in the original principal amount af$25,OOO,Q00.00 issued by the Secured Party(the"Loaii"); C. Pledgor has executed and has delivered to Secured Party a certain Guaranty of even date herewith in favor of Secured Party guaranteeing the Borrower's payment and performance under the Note(as may be altered or amended,the"Guaran "}; D. The Note,the Guaranty, a Loan Agreement of even date herewith between the Borrawer and Secured Party; and all other insMaments and documents exe�uted in connection with the Loan,are hereinafter referred to callectively as the"Loau Documents"; E. Pledgor is the holder of two certain all alcoholic beverages licenses,Nos. 00032- HT-Q612 and 00033-HT-0612,issued by the Town of Lexingtcm(each a"Liquor License"and together,the"Liquor Licenses"), copies of which are attached hereto as Exhibit A; F. Pledgar agrees ta pledge to Secured Party the Liquor Licenses,or any future license given or obtained with respect ta the prernises located at 727 Marrett Road,Lexington, Massachusetts (the"Licensed Prernises"),as such licenses may be renewed, altered or amended from time to time,as collateral security for the Guaranty; G. To secure Pledgor's obligations under tha Guaranty and the Note, Secured Party is requiring that Pledgor execute and detiver this Agreement; and H. Pledgor's execution,delivery and performance of this Agreement are in furtherance of Pledgor's purposes and are necessary or convenient to the conduct,promotion or attainment of Pledgor's business,and Pledgor will receive benefit from the fznancial accomrnodations extended under the Guaranty and Note. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and other good and valuable consideration,it is agreed as follows: Liqunr License Pledge and Security A�reement 4890-5947-9 i 30.v I 1. Pled�e. 1.1 Pledgor hereby pledges, assigns and grants to Secured Party a first priority security interest in the Liquor Liceuses(l�ereinafter referred to as the"Gallateral"): 1.2 Securit, f�bligatio��s. This Agreernent secures, and the Collateral is security for,the prompt payment in full when due,whether by acceleration or otherwise,of auy and all sums owed by Borrower ta Secured Party, and the performance of any or all of Borrower's and Pledgor's covenants under the Note and Guaranty(collectively,the"Secured Obli ations"), 2. Representations."V4'arranties and Covenants. 2.1 Representations. Pledgor represents,warrants,covenants and agrees to and with Secured Party that: (a) Pledgor has the right to pledge,assign,and grant a security interest in,the Collatera3 pledged to Secured Party as provided herein, aad to execute,deliver and perform this Agreement; (b) Pledgor lias obtained, or wili obtain within one hundred fifly(150)days of the executiop af this Agreement{the"Original Approval Period"),the required approvals from the Town of Lexin$ton and the Massachusetts Alcoholic Beverage Control Cornmission to pledge the Liquar Licenses as set forth herein(the"Approvals"). Provided tl�e Pledgor has filed all applications necessary for the Appravals on or befare the thirtieth(30t")day after the execution of this Agreement and has continuously and diligently pursued the same through the Original Approval Periad, the Pledgor shal]be entitled,with prior written natice to the Pledgee,to an additional 30 days to obtain the Approvals(the"Extended Approval Period"). Except for the foregoing,no consent, approval,authorization or other order of any third party and no consent, authorization, approval,or other action by,and no notice to or filing with, any governrnental authority or regulatary body is required either(i) far the pledge by Pledgor ofthe Collateral pursuant to this Agreement or for the execution,delivery or peiformance of this Agreernent by Pledgor or(ii)for the exercise by Secured Party of the rights provided for in this Agreement or the remedies in respect of the Collateral pursuant to this Agreement including any disposition thereof; (e) at any time and from time to tirne,at its sole expense,the Pledgor will,promptly upon request by the Secured Party,duly execute and deliver any and all such further instruments and documents and take such further action as Secured Party may reasonably deem desirable in obtaining the full benefits af this Agreement and of the rights and powers herein granted, including(without limitation)the filing of any financing or continuatian statements under the UCC in effect in any jurisdiction with respect to the liens and security interests ganted hereby, or becoming a maker on the Note. The Pledgor also hereby authorizes the Secured Party to file auy such fii�ancing or continuation statement without the signature of any of the Pledgor to the extent permitted by applicable law. If any Collateral,or if any amount payabte under ar in connection with any of the Collateral, shall be or become evidenced by any negotiable document of title, or by any promissory note or other instrurnent, such document,note or instrument shall 2 Liquor License I'ledge and 5ecurity Agreement(Lixi�2) 4890-594'7-9130.v I be irnmediately delivered to the Secured Party hereunder,duly endorsed in a manrrer satisfactory to the Secured Party. (d) the Secured Farty has,as of the date of this Agreement, a valid, perfected{assuming the approval by the Tawn of Lexington and the Massachusetts Alcaholic Beverages Cantrol Coinmission and filing of financing statements in all necessary public offices)aiid cantinuing first priority lien upon and security interest in the Collateral; (e) this A�reeinent has been duly authorized, executed and delivered by the Pledgor, and is the legal,valid and binding abligation of the Pledgor enforceable against it in accordance with its te��ns, subject only to the effect af bankruptcy,insalvency or other similar laws affecting the rights af creditors generally and subject to limitations iir►posed by generat principles of equity; (� the pledge,transfer and grant of a security interest in the Callateral hereunder has been registered on the books and records of the Pledgor; (g) Pledgor will defend the title to the Callateral and the liens of Secured Party thereon against the claim of any third party and will maintain and preserve such liens; (h) Pledgor will nat change its business address unless Pledgor shall provide the Secured Party with written notice thereof not less than thirty(30)days prior to such ehange(but in any event,within the period required pursuant ta the Uniform Cornmercial Code)and there shall have been taken such action,reasanably satisfactory to the Secured Party,as may be necessary to maintain the seeurity inter�sts of the Secured Party hereunder at a1l times fully perfected and in full force and effect; (i) Pledgor shall not change its name unless Pledgor shali have given the Secured Party written notice thereof not less than thirty(3o)days prior to such change(but in any event,within the period required pursuant to the Uniform Cornmercial Code)and shall have taken such action, reasonably satisfactory to the Secured Party,as may be necessary to maintain the security interests of the Secured Party in the Collateral at all times fully perfected and in full force and effect; (j} None of the Collateral is subject to any pledge,lien, security interest,charge,option, restrictians ar other encumbrances, except the security interest created by this Agreernent; (k) Pledgor will da all things necessary to maintain the Liquor Licenses in full force and effect and to operate the lncations to which the Liquor Licenses relate in accordance with the requirements of all applicable laws,ordinances, rules and regulatians,including without limitation,the require�nents af the Town of Lexington and the Massachusetts Alcoholic Beverage Control Cornmissian; (1) Pledgor agrees that it shall promptly take all necessary steps,at Pledgor's sole cast and expense,to obtain the Appravals for the pledge of the Liquor Licenses to Secured Party hereunder. If such approval is not granted within the Approval Period,or the later of,if appliabie,the Extended Approval Period,, Secured Party shall have the right,at Pledgor's sole 3 Liquor License Pledge and Security Agree�nenl(Lixi v2) 4890-5947-9130.v i cast and expense,to take any and all action that Secured Party deems necessary to abtain such Approvals and otherwise to perfect its pledge of the Liquor Licenses,in its name and/or in the name of Pledgor,Pledgor hereby irrevocably appointing Secured Party its attorney-in-fact for the purposes af exercising the foregoing right,and Pledgor shall reirnburse Secured Party upou demand for all casts and expenses incurred by Pledgee in sa doing, including without limitation; reasonable attorneys' fees. (in) Pledgor agrees that the Secured Party is unwilling to issue the L,oa�� without the Guaranty af the Pledgor,and that if the Secured Party makes the Loan it will do so in reliance upon the Guaranty and this Ag,reement. The Pledgor further states that the Pledgor will benefit indirectly from the Loan,and the Guaranty is given to induce the Se�ured Party to rnake the Loan. 3. Evenls of Default. Each of the following is an"Event af Default": (a) The occurrence of any default by Borrower,Pledgor, or guarantors af�er applicable natice and opportunity to cure under the Loan Documents; (b) any breach by Pledgor of its obligations under the Guaranty beyond the expiration of any applicable notice and cure period; (c) failure to obtain the Approvals within Appraval Periad,or the later of,if appliable,the Extended Approval Period; (d) an,y breach by Pledgor of one or more of its representations, warranties or covenants under this Agreement, or any failure on the part of Pledgor to perforrn or otherwise fulfill its obligations under this Agreement beyond the expiration of any applicable notice and cure period. 4. Remedies. 4.1 Sale of the Collateral. Subject to the requirements of the following sentence,the Secured Party may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereafter imposed by statute,rule of law or otherwise(a11 of which are hereby expressly waived by the Pledgor,to the fullest extent permitted by law). The Pledgor acknowledges that(i) ten(10)days' notice of any public sale or of the date an or after which a private sale rnay be effected is reasonable notice,and(ii) if the Secured Party elects to enforce its remedies through a public sale, it is reasonable to hold such a sale in Lexington, Massachusetts. The Secured Pariy may buy the Collateral at any public sale and may make payments therefor by any rneans. The Secured Party shall apply the cash proceeds actually received from any sale or other dispasition to the reasonable expenses af retaking,holding, preparing for sale, selling and the Iike,to reasonable attorneys' fees,and all reasonable legal expenses,and other reasonable expenses which may be incunred by Secured Party in attempting to collect the Obligations ar to enforce this Agreement or in the prasecution or defense of any action or proceeding relating to the subject matter of this Agreernent; and then to the Obligations, and any surplus shall be paid to the Pledgor. 4 Liquor License Pledge and Security Agreement iLixi v2) 4890-594?-9130.vi 4.2 Pledgor agrees that following the occurrence af an Event of Default,it will not at any time plead, claim or take the benefit of any appraisal,valuation, stay, extensian,statute of lirnitation,maratorium or redemption law now or hereafter in force in order to prevent or delay the enforcement of this Agreernent,or the absolute sale of the whole or any part af the Collateral or the possessian thereof by any purchaser at any sale hereunder, and Pledgor waives the benefit of all such laws to tlie extent it lawfully may do so. Pledgor agrees that it will not interfere with any right,power and reinedy of Secured Party provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, or the exercise or beginning of the exercise by Secured Party of any ane or more of such rights,powers,or rennedies in accordance with the terms of applicable law and this Agreernent. No failure or delay on the part of Secured Party ta exercise any such right,pawer or remedy and no notice or demand which may be given to or made upon Pledgor by Secured Party with respect ta any such remedies shall operate as a waiver thereof,or limit or itnpair Secured Party's right to take any action or to exercise any power or remedy hereunder,without notice or demand,or prejudice its rights as against Pledgor in any respect. 4.3 Apnlication af Proceeds. Upon the exercise by Secured Party of its rights hereunder, a31 cash proceeds received by Secured Party in respect of any sale af, liquidation of,or other realization upon all or any part of the Collateral shall be applied by Secured Parky as follaws: (a) First,to the payment of the costs and expenses of such sale,liquidation or other realization,to Secured Party and its agents, and aIl expenses,liabilities and advances rnade or incurred by Secured Party in connection therewith,including reasonable attorneys' fees; (b) Next,to the payment of the Secured Obligations; and (c) Finally, after payment in full of all Secured Obligations, to the payment to Pledgor,pr its successors or assi,gns,or ta whomsoever may be lawfi►lly entitled to receive the same or as a couri of competent jurisdiction may direct,of any surplus then remaining from such proceeds. 4.4 Pledgor hereby irrevocably appoints Secured Party its attorney-in-fact far purposes of executing and delivering any instrument or document necessary or desirable for the exercise of any of the foregoing rights. 5. Waiver. No delay on Secured Party's part in exercising any power of sale,lien, optian or other right hereunder,and no notice or demand which may be given to or made upon Pledgor by Secured Party with respect to any power of sale, lien,option or other right hereunder,shall constitute a waiver thereof,or liinit or irnpair Secured Party's right to take any action or to exercise any power af sale,lien,option,or any other right hereunder,without notice or demand, ar prejudice Secured Party's rights as against Pledgor in any respect. 5 Liquor Licen'se Pledge and Secunly.Agrecir�ent(Lixi v2) 4890-5947-4130.v I 6. i,ien Absalute. All rights of Secured Party hereunder; and all obligations of Pledgor hereunder,shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Nate, Guaranty ar auy other agreement or instrument governing or evidencing any Secured Obligations; (b) any change in the tiine,manner or place of payrnent of,or in any other term of, all or any part of the Secured Obligations,or any other aznendment or waiver of or any consent to any departure frorn the 1�Jote, Guaranty or any other agreement or instrument governing or evidencing any Secured Obligatians; (c} any exchange,release or non-perfection of any odier collateral,or any release ar amendmeiZt or waiver of or consent to departure from any guaranty, for a11 or any of the Secured (�bligations; or (d) any ather circumstance which might atherwise constitute a defense available to,or a discharge of, Pledgor. 7. Release. Pledgor consents and agrees that Secured Party may at any time,or from tirne ta tirne,in its discretion,renew, extend or change the tinne of payment, and/or the manner,place or terms of payment of all or any part of the Secured 4bligations. Pledgor hereby warves natice of acceptance of this Agreement, and also presenhnent,dernand,protest and notice of dishonor of any and all of the Secured(Jbligations,and(except as aforesaid)promptness in commencing suit against any party hereto or liable hereon,and in giving any notice to or af making any claim oi demand hereunder upon such Pledgor. No act or omission of any kind on Secured Party's part shall in any event affect or impair this Agreement. $. Indemnificadon. Pledgor agrees to indemnify and hold Secured Party harmless frorn and against any taxes, liabilities,claims and damages,including reasonable attorneys' fees and disbursements, and other expenses incurred or arising by reason of the taking or the failure to take action by Secured Party, in good faith, in respect of any action uiider this Agreement or in connection with the lien provided for herein,including,without limitation,any taxes payable in connection with the delivery or registratian of any of the Collateral as provided herein. The foregaing notwithstanding,the indemnity provided for herein shall not apply to litigation commenced by Pledgor against Secured Party which seeks enforcement of any of the rights of Pledgor hereunder and is determined adversely tn Secured Party in a final nonappealable judgment or to the extent sueh claims,damages, liabiliries and expenses result from Secured Party's gross negligence or willful rnisconduct. 9. Reinstatement. This Agreement shatl remain in full force and effect and continue to be effective should any petition be filed by or against Pledgor for liquidation ar reorganization, should Pledgor becarne insolvent or make an assignment for the benefit of creditors or shauld a receiver or trustee be appointed far all or any significant part of Pledgor's assets,and shall continue to be effective or be reinstated, as the case may be,if at any time payment and performance of the Secured Obligations,or any part thereof,is,pursuan#ta applicable law, 6 [.iquor Licenx Pledge and Security Agreemenl(Lixi v2) 4890-5947-9130.v 1 resciiided or reduced in amount,or must otherwise be restored or returned, and in any such case, the Secured Obligatians shall be reinstated and deemed reduced anly by such amoui�t paid and not so rescinded,reduced,restored ar returned. 10. Miscellaneous. 1 Q.1 Secured Party may execute any of its duties hereunder by ox thraugh agents or emplayees and shall be entitled ta advice of counsel concerning all rnatters pertaining to its duties hereunder. 10.2 In any litigation or arbitration between the parties arising out of this Agreement, including any action by Secured Party to enforce this Agreement,the non-prevailing party shall pay to the prevailing party all reasonable expenses, arbitration, and/or court costs,including attarneys' fees, costs and expeiises incurred by the prevailing party in connection with such litigation or arbitration or enforcernent action,including fees,costs and expenses associated with any appeals and the reasonable costs of realizing upon the Collateral. 10.3 None of Secured Party's afficers,directors,e�nployees, agents or counsel shall be liable far any action lawfully taken or ornitted to be tal�en by it or them hereunder or in connection herewith,except for its or their own willful misconduct,and,notwithstanding anything ta the contrary contained in this Agreement, Secured Party shall nat have any personal liability to Pledgor or any other party under this Agreement other than personal liability for an intentional breach of its obligatian set forCh in this Agreement. 1 Q.4 This Agreement shall be binding upon Pledgor and its successors and assigns,and shall inure to the benefit af, and be enforceable by, Secured Pariy and its respective succ�ssors and assigns, and shall be governed by,and construed and enforced in accordance with, the internal laws in effect in the Commonwealth of Massachusetts without giving effect ta principles of choice of law, and none of the terms or provisians of this Agreennent may be waived,altered, rnodified or arnended except in writing duly signed for and on behalf af Secured Party and Pledgor. 1�.5 At any time and from time ta time,upon written request of Secured Party,and at the sole expense of Pledgar, Pledgor shall promptly and duly execute and deliver any and all such further instrurnents and documents and take such further actiou as may be necessary for Secured Parky to abtain the full benefits of this Agreement and of the righis and powers herein granted. 10.6 Severabilitv. If for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing ar fature law, such invalidity shall not irnpair the operation of or effect those portions of this Agreement which are valid. 10.'7 Notices. All notices and demands which may be required or permitted to be given to either pariy hereunder shall be in writing,and shall be delivered by hand or sent by United States certified mail,postage prepaid,return receipt requested,or by Federal Express or other reputable overnight carrier,ta such party's principal office address or at such other address as any party hereto may hereafter specify ta the other in writing. Either party rnay,upon ten(10) days' prior 7 Liyuor Lice�ise Pledge and Security Agreement{I.ixi v2) 4390-594?-9130.v 1 written notice to the ather, substitute new persons and/or addresses to which all notices hereunder shall be directed. A Natice shall be deemed given upan the earlier of actual receipt or refusal af delivery. 10.8 WAIVER UF JURY TRIAL: PLEDGOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY iN ANY ACTION,SUIT OR COUNTERCLAIM ARISING 1N CONNECTION WITH,OUT OF OR QTHERWISE RELATING TO THE GUARAI�ITY OR THIS AGREEMENT OR ANY OTHER DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXF,CUTED AND DELIVERED IN CONNECTION THEREWITH. 10.9 Section Titles. The Section titles contained in this Agreement are and shall be without substantive meaning or content of any kind whatsoever and are not a part of the agreement between the parties hereto. 10.10 Gounterparts. This Agreement may be executed in any number of counterparts,which shall, collectively and separately, constitute ane agreement, 10.11 Conflict of Terms. Except as otherwise expiicitly provided in this Agreement,if any provision contained in this Agreement is in conflict with ar inconsistent with any provision in the Guaranty,the provision contained in this Agreement sha11 govern and cantrol,to the extent of such conflict or incansistency. [Ramainder of page intentionally left blank.] 8 Liquor License Pledge and Secwity Agreemenz(Lixi v2) 4890-5947-9130.v I ]N WITNESS WHETtEOF,the parties hereto have caused this Pledge and Security Agreement to be duly executed as of the date first written abave. SECURED PARTY: SALEM FNE CENTS SAVII�I'GS BtE�TK -... � /J,� _�'''�.--�'t_..� By �,,-'2.��^-'�' ._.. �.. _...--___..... ._. . • W' ess Name: ��-t C., t`f�r°� }�J c,��< < � __.....�,..,. Its: S v,P PLEDQOlt: LI?CI HOSPITALITY LEXINGTON FB MGT,INC. By: Witness Name: Chris Bono Its: Presiden#and Treasurer Li�wr License PI«ige�d Security AgTeemeut(L'aci v2) IN WTINESS WHEREOF,the par�des bereto have caused this Pledge and Security Agreement to be duly executed as af the date Srst written above. SECUREU PARTY: SALEM FNE CENTS SAVINGS BANK By: �Vitness Name: Its: PLEDGOR: ,.LIXl HOSPTTALITY LEXTNGTON FB MGT,INC. , B . �- � Wimess Name: Chtis$ono Its: President and Treasurer Liq�ar Licxnac Pledge smd Security A�teement(L'nci d2) AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Liquor License Amendments - Lixi Hospitality Lexington FB MGT, Inc. d/b/a Element Le�ngton, 727B Marrett Road ITEM PRESENTER: NUMBER: Joe Pato, Select Board Chair I.3 SUMMARY: Category:Decision-Making Li� Hospitality Lexington FB Mgt, INC d/b/a Element Lexington has subinitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer and a Change of License Manager on their All- Alcohol Innholder Liquor License. The proposed manager, Deidre Anderson, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been coinpleted. Julia Royce, Sherin and Login, LLP, representing LiYi Hospitality Lexington FB Mgt, will be in attendance should the Board have any questions. SUGGESTED MOTION: Motion to approve Lixi Hospitality Lexington FB Mgt, INC d/b/a Element Lexington's application for a Pledge of License, Change of Officer and Change of License Manager naming Deidre Anderson as Manager and upon ABCC approval, issue an updated Liquor License to Lixi Hospitality Lexington FB Mgt, INC d/b/a Element Lexington, located at 727B Marrett Road reflecting Robert Ayers as License Manager. FOLLOW UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 6:SSpm ATTACHMENTS: Description Type ❑ ll,l�u;n°rtu�_ua��u�tu �u�°a;rt<,c^/lovx^r«tl:uu�:��tF�I,p7�1u�Etti�r�� 3�i.ti;ll:�tpT Ct�llaukcr�uEt1 DocuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 The Commonwealth af Massachusetts � Akoholic Beverages Control Commiss�on � 95�ourth Stree�Suite 3, Chelsea,MA 02150-2358 www mass.gov/abcc ` �" ' APPLICATION FOR MULTIPLE AMENDMENTS 1. BUSINESS ENTITY INFORMATION Enti Name Munitipality ABCC License Number Lixi Hospitality Lexington FB Mgt,Inc. �exington � 00033-HT-0612 � Please provide a narrative overview of the transaction(s)being applied for.On-premises applicants should also provtde a descr�ption of the intended theme or conce t of the business o eration.Attach additianal a es,if necessa . he license Holder is an affiliate of Lixi Hospitality�exington,Inc.(Borrower),the Borrower in a loan arrangement with Salem Five Cents Savings Bank (Lender).License Holder entered f nto a Pledge and Securiry Agreement with Lender in connection with the loan arrangement,agreeing ta a pledge of ts two liquor licenses to secure its obligation as guarantor under the loan.License Holder is also updating Directors/Of�icers and Manager of Retord. APPLICATION CONTACT The application contact is the person who should be contacted with any questions regarding this application. Name litle Email Phone � y � � Y --� �y �...080_� Julia Ro ce ttorne cra ceC�sherin.com 17 646 2 2. AMENDMENT-Change of License Classification � Change of License Categ� Last-Appraved License Category r�� ....... All Alcohol,Wine and Malt, Wine Malt and Cordials Requested New License Category '� ❑ Ghanae of L7cense Class Last-Approved License Class � �� Seasonal ar Annual — --- Requested New License Class � ❑ Chant�e of I.icense'Tx�g,* Last-Appraved License Type � � � i.e.Restaurant to Club *Certain license Types Requested New License Type �___—+ � CANNOT change once issued• 3.AMENDMENT-Change of Business Entity Informatipn ❑ �hange of Coroorate Name Last-Approved Corporate Name: � � Requested New Corporate Name: � ❑ Change af DBA �ast-Approved DBA: (�--- —� ( Requested New DBA: �— � � Cha�e,�g�Co�po�ate Structure �$t-Approved Corporate Structure � �� LLC,Corporation,Sole •°•-°• - Proprietor,etc Requested New Corporate Structure • 4.AMENDMENT-Pledge Information � P�edgt of�icense To whom is the pledge being made: ❑ �Jedge of Inventory alem Five Cents Savings Bank ❑ Pledge of$tack 6 �cuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 5. AMENDMENT-Change of Manager � �hange oflicense Manager A.MANAGER INFORMATION The individual that has been appointed to manage and control the licensed business and premises. _ ............. Proposed Manager Name Deidre Anderson ___—__� bate of Birth — SSN — Residential Address 57 West Main Street,Groton,MA 01450 Email deidre.anderson@lixigroup.com Phone �781-761-1726 � Please indicate how many hours per week 45-50 --- you intend to be on the licensed premises � I.ast-Approved lacense Manager Shamara Lamar B.CtTIZEN5HIP/BACKGROUND INFORMATION Are you a U.S.Citizen?* (:Yes (`Na *Manager must be a U.S.Gitizen Ifyes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,Birth Certif�cate or Naturalfzation Papers. Have you ever been convicted of a state,federal,or military crime? ("Yes (:No Ifyes,fill out the table belaw and attach an affidavi#praviding the details of any and all convictions.Attach additional pages,if necessary, utilizing the forrnat below. Date Municipality Charge Disposition C.EMPLOYMENT INFORMATION Please provide yaur employment history.Attach additional pages,if necessary,utilizing the format below. Start Date End Date Position Employer Supervisor Name 2/21 I Present I Complex Assistant General IV�anager Lixi Hospitality I Bob Ayers D.PRIOR DISCIPLINARY AC110N Nave you held a ben�cial or financial interest in,or been the manager of,a license to sell altohalic beverages that was stibject to disciplinary action? �^Yes (:No �Yes,please fill out the table.Attach additional pages,if necessary,utilizing the format below. Date of Adian Name of License State City Reason for suspension,revocation or cancellatian DocuSigned by: !hereby swear under th po ns an pena t►es of perjury ti�at the lnformatlon i hove provided tn thls applirntion fs true and accumte: Manager's 5ignature Date 5/9/23 �� 7 DocuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 6. AMENDMENT-Change of Officers.Stock or Ownership Interest Change of Ownershi Inte �ha�n e of Stock(E New Stockholder/ J�ZJ Change of Offtcers/Directors ❑ ��Managers/�LP Part�nera.Trusteesl � Transfer or Issuance a►f Stock �ist all individuals or entities that will have a direct or indirect,beneficial or financiai interest in this license(E.g.Stockholders,Officers, Diredors,�LC Managers,LLP Pertners,Trustees etc.).Attach additional page(s)provided,if netessary,utllizing Addendum A. • The individuals and tities listed in this section must be identical to those filed with the Massachusetts Secretary of State. • The individuals identified in this section,as well as the proposed Manager pf Record,must complete a CORI Release Form. • Please note the fallawing statutory requirements for Directors and�LC Managers: On Premises(E.g.Restaurant/Glub/Hoteq Directors or LLC Managers -At least 50%must be US citizens; Off Premises(Liquar Storel Directars or LLC Managers -All must be US citizens and a majority must be Massachusetts residents. • Ifyou a�e a Multi Tiered Organization,please attach a flowchart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Prfncipal Residential Address SSN DOB Christopher C.Bono 14 Esopus Avenue,Ulster Park,NY 12487 �—� Piresid nt Treasurer,5ecreta Directar � e��entage af Ownershi Director/L�C Manager US Citizen MA Resident ry� C:Yes (`No (:Yes ("No C'Yes C:No Name of Principal Residential Address SSN DOB � � �� ..� Title and or Position Percenta e of Ownershi Director/I.t.0 Manager US Citizen MA Resident � � (`Yes ("'No C Yes (""No ("'Yes C'No Name of Princi al Residential Address SSN DOB �� Title and or Positian Percenta e af Ownershi Directod LI.0 Manager US Citizen MA Resident r^—^— ('Yes C'No (`Yes ('No (`Yes (`Na Name of Princi al Residential Address 55N DOB L� Tit e and or Position ____—Percentac e qf Ownershi Diredor/I_t.0 Manager US Citizen _ MA Resident I ('Yes ("No C Yes ("'No ('Yes C`No Name of Princi al Residential Address SSN �B � Title and or Posftion _�Percenta e of Ownershi Director/LLC Manager US Citizen MA Resfdent ('Yes ('No ("Yes ('No (`Yes (`No Name of Principal Residential Address SSN pp8 � � L—� Title and or Position Percentaqe of Ownershi Directod LLC Manager U5 Cftizen MA Resident I ("Yes (`No ('Yes C'No ('Yes ('No Additional pages attached? (`Yes C:No CRIMINAI.HISTORY Has any individual listed in question 6,and applicable attachments,ever been convicted of a ('Yes (:No State,Federal or Military Crime?Ifyes,attach an affidavit providing the details of any and all convictions. MANAGEMENT AGREEMENT Are you requesting appraval to utilize a management company through a management agreement? Please provide a copy of the management agreement. C`Yes C:No g DocuSign Envelope ID:3983C536-F7A1-4637-BBF5-5EE015AOF9E7 6.__AMENDMENT-Chan�e of Officers. Stock or Ownership interest 66. CURRENT OFFICERS STOCK OR OWNERSHIP INTEREST List the individuals and entities of the current owne�ship. Attach addFtional pages if necessary utilfzing the format belaw. Name of Princi al Title/Position Percenta e of Ownershi �outdated Corporate information last updated w.Board � � Name af Princi al Title/Position Percentage of Ownership Anwar Issa President,Treasurer,Secretary,Director n/a � Name of Princi al Title/Pasition Percent�e of Ownership Bill Carroll Assistant Secretary n/a � Name of Princi al Title/Position Percenta e of Ownershi � � Name of Princi al Title/Position Percenta e of Ownershi � ---� — Name of Princl al Title/Position Percenta�e of Ownership � 6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Does any individual or entity identified in question 6,and applicable attachments, have any direct or indirect,beneficial or financial interest in any other license ta sell akohalic beverages? Yes ❑ Na j� If yes,list in table below.Attach additional pages,if necessary,utilizing the table format belaw. Name �icense Type I.icense Name Municipality fB. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individual or entity identified identified in question 6,and applicable attachrnents,ever held a direct or indired,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No(� Ifyes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 6C. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Have any of the disclased licenses listed in question 6A or 66 ever been suspended,revoked or cancelled? Yes � No � �f yes,list in table belaw.Attach additional pages,if necessary,utilizing the table format below. Date of Action Name of License C'�ty Reason for suspension,revocatian or cancellat�on 9 DocuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 7. AMENDMENT-Chan e of Premises Information ❑ A�Fterarion of Premise;=(must fill out attached financial informatlon form) 7A.ALTERATION OF PREMISES Please summarize the details of the alterations and highlight any specific changes from the last-app�oved premises. PROPOSED DESCRIPTION OF PREMISES Please provide a complete descriptian of the proposed premises,including the number of fl�rs,number of roams an each floor,any outdoor areas to be included in the licensed area,and total square footage.You must alsa submit a floor plan. Total Sq.Footage �_____� Seating Capacity �__� Occupancy Number I�� L Number of Entrances C___� Number of Exits Number of Floors �-- ❑ ChangQ of Loca�on:(rnust fill out attached flnancial Informatlon form) 7B.CHANGE OF LOCATION Last-Approved Street Address Proposed 5treet Address DESCRIPTION OFpREMI5E5 Please provide a complete description of the premises to be licensed,including the number of floors,number of rooms on each floor,any outdaor areas ta be includeti in the licensed area,and total square footage.You must also submit a floor plan. Total 5q.Footage L`____� Seating Capacity �� dccupancy Number �-_`� �I Number of Entrances � Number of Exlts Number of Floors l�_..—� f,�CCUPANCY OF PREMISES Please complete all fields in this section. Please pravide proof of legal occupancy of the p�emises.(E.g.Deed,lease,letter of intent) Please indicate by what rneans the applicant has to occupy the premises � � Landlord Name Landlord Phone � � Landlord Email � � Landlard Address Lease Beginning Date � Rent per Month � � Lease Ending Date � Rent per Year �_ �� Will the Landlard receive revenue based on percentage of alcohol sales? C Yes (" No 10 DocuSign Envelope ID:3983C536-F7A1-4637-BBFS-SEE015AOF9E7 8.AMENDMENT-Mana�ement Agreement � 1111anagement Agreemen�(must fi II out all pages in section 8) Are you requesting appraval to utilize a management company through a management agreement? If yes,please fill out sedion 8. ("`Yes ('No Please provide a narrative overview of the Mana ement Agreement.Attach additional pa es,if necessary. IMPORTANT NOTE:A management agreement is where a licensee authorizes a third party to control the da ily operations of the license premises,while retaining ultimate control over the license,through a written contract. This does not pertain to a liquor Itcense manager that is employed directly by the entfty. 8A. MANAGEMENT ENTITY List all proposed indivlduals or entities that will have a direct or indirect,beneficial or financial interest in the management Entity(E.g. Stockholders,OfFicers,Directors,LLC Managers,LLP Partners,Trustees etc.}. Entity Name Address Phone � ,,.... Name af Princi al Residential Address SSN DOB --� - Title and or Position Percenta e of Ownership pirector US Citlzen MA Resident ('Yes (`No C Yes ('No C'Yes C` No Name of Principal Residential Address SSN DOB � �._.� Title and ar Position Percenta e of Ownership Director U5 Citizen MA Resident C'Yes C`Na C Yes C`No E`Yes ('No Name of Princlpal Residential Address SSN DOB � _� L`� Title and or Position Percenta e of Ownership Director US Citizen MA Resident � �� C`Yes ("No C'Yes C"`No C Yes f Na Name of Principal Residential Address SSN bOB � L�� Title and or Position Percenta e of Ownership Director US Citizen MA Resident � �--- � ('Yes ('No C`Yes ("No {`Yes .C'.No CRIMINAL H15TORY Has any individuai identified above ever been convided of a State,Federal or Military Crime? ("Yes ("'No� If yes,attach an affidavit providing the details of any and all convictions. 8B. EXISTING MANAGEMENT AGREEMENTS AND INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Daes any individual or entity identified in question 8A,and applicable attachments, have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages;and or have an active management agreement with any other licensees? Yes ❑ No � If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 11 DocuSign Envelope ID:3983C536-F7A1-4637-BBF5-5EE015AOF9E7 8. AMENDMENT-Mana�ement Agreement 8C. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individual or entity identified in question 8A,and applicable attachments,ever held a direct or indirect,beneficial orfinancial interest in a licen�to sell alcoholic beverages,which is not presently held? Yes ❑ No ❑ �Y��n table below.Attach additional pages,if necessary,utilizing the table format below. Name �icenseType License Name Municipality 8D. PREVIOUSLY HELD MANAGEMENT AGREEMENT Has any individual or entity identified in question 8A,and applicable attachrnents,ever held a management agreement with any other Massachusetts licensee? Yes ❑ No❑ t�yes,list fn table below.Attach additional pages,if netessary,utilizing the table format below. Licensee Neme License Type Municipality Date(s)of Agreement 8E. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Have any of the disclosed licenses listed�n question SB,8C or 8D ever been suspended,revoked or cancelled? Yes ❑ No � �f yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Date of Action Name of License City Reason for suspensian,revacation or canceliatian 8F. TERMS OF AGREEMENT a.Does the agreement provide for termination by the licensee? Yes � No � b.Will the licen5ee retain control of the business finances? Yes ❑ No � c.Does the management entity handle the payroil for the business? Yes � No � d.Management Term Begin Date � e.Management Term End Date �— —� f.How will the management company be compensated by the licensee?(check all that apply) ❑ $per month/year(indicate amount) ❑ %of alcohol sales(indicate percentage) � ❑ %of overall sales(indicate percentage) � ❑ other(please explain) ABCC Licensee Officer/LL�Manager Management Agreement Entity Off'icer/��C Manager Signature: Signature: Title: Title: Date: � � Date: r~-----� 12 DocuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 9. FINANCIAL DISCLOSURE Reauired far the fallowin�transactions: � Change of Officers,Stock or Ownership Interest(E.g.New Stockholder/Transfer or Issuance of Stack) • Change of Premises Information • Pledge of License, Inventory or Stock rrower(Lixi Hospitality Lexington,Inc.)received a Purchase Price(s): 25,d00,000.00 loan.The Pledge of this liquor license and the other license held by the LPcense Holder) cures that License Holder's obligation as Guarantor f this loan. SOURCE OF CASH CONTRIBUTION Please provide documentation of available funds.(E.g.Bank or other Financial institution Statements,Bank Letter,etc.) Name of Contributor Amount of Contribution TOtal SOURCE f3F FINANCING Please pravide signed finanting documentation. Is the lender a licensee pursuant Name of Lender Amount Type of Flnancing to M.G.L.Ch.138. ('Yes ("" No ('Yes C' No C"Yes (' Nu C'Yes (' No FINANCIAL INFORMATION Provide a detailed explanation of the fqrm(s)and saurce(s)of funding for the cost identified above. 13 DocuSign Envelope ID:3983C536-F7A1-4B37-BBF5-5EE015AOF9E7 APPLICANT'S STATEMENT �, ristopher C.sono � the: �sole praprietor; � partner; �corporate principal; � LLC/LLP manager Authorized Signatory Of��Haspitality Lextngton FB Mgt,Inc. Name of the Entity/Corporation hereby submit this application(hereinafter the"Application"j,to the local licensing autharity(the"LLA")and the Alcoholic Beverages Control Commission(the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statements and representations therein are true to the best of my knowledge and belief. I further submit the follawing to be true and accurate: (1) I understand that each representation in this Application is material to the licensing Authorities'decision on the Application and that the Licensing Authorities will rely an each and every answer in the Appiication and accompanying documents in reachin�its decision; (2) I state that the location and description of the proposed licensed premises are in compliance with state and local laws and regulations; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any cha nge in the informatian submitted therein. I understand that failure ta give such notice to the licensing Authorities may result in disapproval of the Application; (4) i understand that upon approval of the Application, I must notify the Licensing Autharities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Autharities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interes#in the license; (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physital alterations ta or changes to the size of the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8� 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revocation of any license for which the Application was submitted;and (9) I understand that any false statement or misrepresentation will canstitute cause for disapproval of the Applicatian or sanctions including revocation of any license for which this Application is submitted. (10) I confirm that the applicant corporation and each individual listed in the ownership section af the application is in �ood stan ' ' �Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating t ta�' , � mployees and contractors,and withholding and remitting of child support. L ' 14D303B644D540D.. Signature: Date: 5/8/2023 � Title: President and Director DocuSign Envelope ID:39$3C536-F7A1-4B37-BBF5-5EE015AOF9E7 ENTITIf VOTE The Board of Directors or L�C Managers of �xi Mospitality Lexington FB Mgt,�nc. Entity Name duly voted to apply to the Licensing Autharity of Lexington ��and the City/Town 5 8 2023 Cammonwealth of Massachusetts Alcoholic Beverages Control Commissian on r_�_ --� Date of Meeting For the following transactions(Check all that apply): � NewLicense � ChangeofLocation � ChangeofClassn.ea�n�aiis�awnap ❑ ChangeCorporate5tructurepx.capiu.q � Transfer of License � Alteratian of Licensed Premises � �ange of License Type o.e.ciubi�w.nU � Pledge of Collateral px,ueenserswcW � Change of Manager � Change Corparate Name � q�ange of Gategory o.e.ai�kawwn��,n�aq ❑ ManagemenUOperating Agreement � Change of OHicers/ Change of Ownership Interest � Issuance/Transfer of StocWNew 5tockfiolder � �anqe of Hours Directors/LLC Managers � (LLC Members/LLP Partners, Trustees) �Other�— —� � �ange of bBA "VOTED:To authorize hristopher C.Bono Name of Persan to sign the application submitted and to execute on the Entity's behalf,any necessary papers and do all things required to have the application granted." "VOTED:To appoint Deidre Anderson Name of Liquor License Manager as its mana�er of record,and hereby�rant him or her with full autharity and control of the premises described in the license and authority and control of the canduct af all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commanwealth af Massachusetts:' oo��s� n�tlby: For Corporations ON�Y A true copy attest, �� A true copy attes�, 14D3D38B440540D... Corporate Ofificer/LLC Manager Signature Corporate Clerk's Signature Christopher C. Bono (Print Name) (Print Name) MA SOC Filing Number: 201667580070 Date: 2/25/2016 1:52:00 PM Feb, 2�. 2016 1 :36PM No, 6501 ?. 2 � �je �outman�e�rt�j a� �Ca.��c�j�.��e�t� �� V�'31.lian�Francia Ga]ven Sccretary of chc Commonwealch �ne Ashhurcon Place,Bos�on,Massachuseres Q2106-1�12 �.t 9P�;r:3�f;9'i},�,F'rF7fFJ �'areign Corparatioa t�C?13i11 fis•9U3"F�c't',"RE:G Certificate of Regi�tration (Genera!I,aws,Chapter 156r1>Se�ctlan 15�43t 950 C1V1�113.4$) � ' (1) Fscae[nan5e oF�he torpdtaciart,indudiag any words or abbrcvissions indicadng incorpo:asion: �IKI MOSPITALITY LEXINGTON F8 MGT,INC. (2) Name neder which che corpocarion will uansaa businesa ln ihe cummomvealrh rltes sadafirs rhe�equireaunrs o#'�.L.Chap- cer 156I7,Section 15.06: • Ifapplrcable,pisate artmrh: • . an agrar,ment�o r�ain From vam of ch�unavailable name in rha eororaunvvealrh;snd . �copy oFrhe doing 6Usi�ss certi�ctte filed in,ctte ciry ar covm whe[e i�mafqciins iu t�i9orred oflu�3nd . a cnpy of the r�aplution of the earporacion's boare�oFdireeaors,arcified by irs axnerazy,the namc undor wl�ich the eorpora- riap wilj xrsnssce bueiness in the eammonaeeJrh pursuanc m 950 CMR 1]3.54{4}. (3)]urisdiaion of incarperacion:�ELAWARF Aace of iricntpor9,tianr o2-22-2e Aurntion!f noc papecual: , (mont{r,dajy yesra:� {4) Ssreec addresa of principal oRicer 297 MpRRF?T ROAD�l FXW[�T['fN,MA 02d?1 , (rtunaber,�t'rce�q city os rowm,ruter,ccifp code) {5) Scrter adclrrr�uf regierer�d u�icc in ch�cc+mmunwr�[�h:Sherin and Lodyen.1b1 Federal�treet_�oston.WtA b2110 (nK»c�tr,t�rer,rjry Or tOwA�lktfe,ty0 G0�} Name of rcgiace�ed agrnr in chr carnmnnweslch ar cht above ttddrers� I .lashua M.Bowman � ICg16tCtC'LI agCAt UFtI1C S�10VC CULPGlfl[{Ofl C07�SCfiL W JRy 1PP01f1[!nClii i7$�Cg14CC�3�CflS�Y�$N?LIC W�J.T„Ckiaptec ISGD,Sec[ion 5.0�* 'L}r derarb ngunnd nge�uir connrnr herc% P.0 r�eea.wmaan,Neo�n�os Feb, 25. 2416 1 :36PM No, (��01 P� 3 (6J fiaral yrar cnd: ��mber 31 (mont/i,�J'� � (7j BricF dacripcion of rhe corporauon6 activicica m be conduc�cd in�te commonwcalch: Ree Attachment A , (B) NatLtes�nd buciness 2ddreyaes of its cucren[of6cecs�nc�dir�ctor� IVAMB BUSIN�SS ADS>RESS Pr�idenc Arrwar le�a 727 M9tr9tt Rd.,Le�cingUDn,MA 02421 Vlce-prestdenG NIA T:e�s�r. Anwar Issa 727 Marreti Rd.,Lexingtan,hAA 02421 Seererery: q��„�r�� 727 Merrett Rd.,l.e�xl�gton,MA 02421 ,q�;a��,s 6K�y: Biil Carroll 727 Marrett Rd.,Lexington,MA 02421 i�irecror(r): Anwar Issa 727 Merrett Rd.,Lexfngton,MA 02421 Aetach«rriFiceu of leg,al m�istence br a cer�iGcax of good acaxding inued by an offieet ot ogenry propedy au�horiumd in she jurisdiccfat af org�niascion. 1f rhe arri6cace is la a foreign language,,a�analsiion cherwf uader oath of the translaoor ehall be ��a�, (See AttacYrment B} "�is cect�case fa effecclve ac rhe cime aad oa the date approved by the badsion,unlesa a later d�'ecrive dece noc mon chan 90 days from chc tiue of Filing is sprcifud: Feb. 25. 2016 1 :36PM No, 65Q1 P. 4 ��.��-=� Signed by: , �� (srgmm�vr ofauibanaeat individirtQ Q Ghairman of the 6ozrd oFd�nc�or�, ' � l� Preaide�4 RmNBrlS58 ' Q Oc�,tr u�icet� O Coun-appoi»red fidudary, 24Eh on�nia� d�y of f.�}'�t�u9r , 2018 -- Feb. 25, 201 b 1 ;36PM No, 6501 P. � Attac}unent A Re:�,ixi Hospitality Lex�ington F�MGT,Inc. The general c'haracter of the business the corporation proposes w do ir�tho Commdnwealth: (i) to euter iuto food&bevera�e lease agreements and an�a�mendme�t or modificatian thareof,and to pay and perfarm the company's obligations including without , limitatiara#he corporabons's obligation to provide patrons r�ith faod and alcb6alic beverage service; � (ii) , to apply for,senew,transfer,hold and keep in�aod standing one or more alcoha�ic beverage permits with tne a�alicable liquor licensing authorities;and (ii,f) to engage in any and a11 activities necessary,conventezat,desirabte ox incidental to the foregpibg,including all necessary t�ainings,a�d t4 etagage in a23y other lawful busine�s or activity perm,itted by applicabl�law. ,: , 00647672.1 . � Feb. 25. 2016 1 .36PM No, b5p1 �. 6 Attaclune�t B See attached. 00648133.2 Feb. 25. 2016 1 .37PM No, 65p1 P, � ��N+.L � Page 1 The First State Z, JEBFREY RI. SQLLOClf, SE�RET.ARY OF STATE 4F TFIE 3R'ATE OB D1�LAFSAR&, DO HEREBY CERTIP'Y "LZXI AOSPITALITY I�k'INGTON F'8 MGT', I,ATC." IS Df�,',Y .�NCQRPORATED UNDLR 3'lYE LAfi3 OF TAE 9TA1'� OS DIdLAa/� ANt� ZS Zp G�n S�NA.TN� ANTi HAS A �EC,�L CORPORA�B rxas2.c�vcE so F� AS T�E RECQRDS OF TIiIS OF'FICE 3HOW, As oP T7�ra TWSIVTY-SECOND DAY O,r' PZHRU.9RY, A.D. 2016. AN� 2 DO IiERESY B'fTIiR3i�R CERTZb7 THAT THE ANNUAL REPQIiTS HAVF 8�2111 �'r1�1i TO DA�:. AND I DO liEREBY FUR2'XEA C�tTr.F'Y THAT Tf� 3AID "L2XS 230SPt�'AI�ITY ZEXIN6Z'O�T F8 DAI�T, INC. " �7AS INC4R1?ORAT�D ON TAE TWE1�T�'Y-SRCOND DAY OF F&SRtIARY, A.D. 20I6. AND I DQ HEREBY Ft7RTXER GEFiCTTFY i?iA,T T� FRANC,BISE TA7�;S HAV,L BEF�T PAID TO DAR'E. /��``,� �1�},} JIMtryN,M�MM�1.6w�!M�et51aM ' . C��l q�R� o".W 1 aa� d 5970306 83Q0 �'� Authenticationc 201$66346 SR#2016100a927 Date;02-22-16 You mayv�rify this c�rtificate anllne at corp.delaure�e.gov/authvefshtml F eb. 25, 2016 1 :37PM No, 6561 P, 6 �� Page 1 The First State I, J&FPRF.Y W. BUI�ZACX, 3ECRE2'ARY OF STATS OF TtIE STATE OF DSLAWARE, D� F�REB% CERT.ZFY THE ATTACI�ED I3 A TRDE AND CORRECT GpPY OF TBJ! Q�RTIFYI'14TE OF INCdRPdRAT20N OF "LZX2 SO�PIT,AZITY r�xz,�s�r � �, rNc.p, FIT�p SN �'13Y3 G�'FSCE ON T� ��Nx'Y- SECOND DAY OF FEBRIIARY, A.D. 2016, AT I2:IS D'Q.OGK P.D�. A ,E7LED �OPY OF TX2S GERTYFICATS AAS BEEN FORD/ARDED TO 2H8 NEpT GASTLL' CDIJNTY RECIORDER OF DEEDS. �;��. . ,,.� - c'F,�',r..j,•,� �a+nrwv�wcr.�d.eca. ��„!�'� , q ��p ; � 5970345 8100 9�� Authentication:201665804 �R#2o15i000691 Date:02-22-16 YOu m8y v2tify thi5 GBrtific2te bnline 8t corp.delaware.gov/authvershtm! Feb. 25. 2016 1 ,37PM No, 6�41 �. 9 s�.r aaoy» s�r sr�� o�.et t'ap�+Ae►s WhrKd It:l!/I�ILIL�%i k�,ip 17!75pV127:�I�it Ae:O�filAoctl •FkRwYrt SllfApd STA�.�"E o,�`A�L�IWARE. CERTII+'ICATE of�T+CORPOYtATIpN A �'L4SE CORPORATION !�f UXI HCSSPII'�LITY 1.EXIMGTON FB MfiT,INC, .(nxme af corporatioA) �.Risat:'T'h�name o£t�ris Corporatio�is L1J(I NO$PITALITY LIXING70N F�i MGT,IN�. •5econd.�ts.�,egi�ter�d'Q.ff'ice{t�the��ate 4�l3elsy�re��stq lx loc�td at_.. _ 2�'11 CentetVlll�Raad�Su[6e 400 SlxCt1,i�i'tlia�iry•of w'tmingt�n,CfE— �oitnty of N�+�3�� 7,,�p�ode 19808 , The Registered Agent it1 ckisrgG tlteYe'of`�s�orpora6bn:�`iarvlae:c,omp�y Tbird: T'he n�re qf business.and thc object9 and�wposesproposed�tb be transacted, proinoted and catr'ied an, are to tn�age in any lawful aict oz gctivity for which: corpozations,ma�b�.organized unde��#te.Gen..eral?Cocporatiqn L�aw o�'.De]aware. •�'aur�h:T:he ac�c►vnt af the t9ta1 sio��a��ii�c�o.r,�ota�cig�t is authOfiz�d co��ssue i�s 2� 3h8rC8(iJ�tbex itf su�tbozizmd�ha�Bs�With a per value.' Of.�� aCr�18rt. •Fifth:'T}ie name and mailing address�f the iti�oipor�tor�re as foll��ww9:. ��g Jashua M.Bowman,Esq. 3Vlailing.AddressGb.a�ti�in arid.Lc?d9�n l.l.P,10i F�d�r�l.Stt�t,.[io�tutr,'MA �p��:(l2110 •Sixth:A1j of the�orpot�tion's�ssued.smck o�a1l��clesses�:�ctusive.ot'trics�sury shares� shall b.e repr,tsented.by eartigcates and �h�,il �c htld of racotd by.not more�hau a specified number�ofpe�qs,.qot e�ceeedin�g 30. � Seveat6s gll af th� issued stack of e11 classes shail be subiect;to. 1 ar more of tha testrictions on iransfer permf[ted by S�t�6n 242-of the Creneral Gc�rp6ratian �w o�' State of Deleware. ��ight6:The Cor�oration�shall m�ke.n+a offering of�ny afits stock af any clas�which w�ould constitute a "public o$'ering" withan �� meaxiing of the United States Securities Act af 1933 as it may be amended from time to time. � X, 7be �ndersigned, for the purpose of fonning a co�ration utader th� ]aws of Yhe State of Dclaware, do make, fide and recort3 this Cert�cate, and do certify that the facts hereir�stated aXe tzue,and I have accordin�ly�heXeunto set my hand this 22nd �,y o{Fe�bruary A_D.2016 � BY:/si,loshua M.8owman,Esq. {�ncot'�otator} NAIv�:�osnua M.sowms�,Esq, (t}�pe ar pzint) Feb, 25. 2016 1 .37PM No. 6541 P. �' ��Xl,k�QSPITA�LTTY ANDOVER FB MGT LLC LIXI HQSPITALITX AIVDOVER LLC Y,Y�IiQS�'ITAL�7'X R�VER�,LLC ; LIXY USA N1A,�1A,G�M�NT LLC ! LIKI G�7�YNGTON NZANAGEN��,�NC. ; T�IXI�TdSPITAr.TTY LE�TNGTON,INC. � '727 Marrett ltoad �cxington,MA 02421 , Februsry 24,Z016 'fhe Cornmanr�ve�lth of Massachusetts � Secretary of the Cozn�lonweslth � , ' iCorporations T7ivision ; One Ashburton Place, l7"'�'loor � Baston,MA 02I0$-15I2 ; , Re: Con�sent to U�e of�i ilar l'V$me � Aear�ir ar�vladam: Pursuant to t.l�e r�levant pto�visions af th�Massachusetts Business Corporations Act,LIXI � HOSPITAT,iT`Y t4T�TY70'V8R�B MGT LLC,L��OSPITALITY ANDOVER LLC,�T� � HOSPT'TALITY REVERE,LLC,LIXI USA NlANAGEMENT LLC,LIXI LEXINGT��T MANAGEMENT,INC.,Ll"XI HOSPITALITY LEXINCrTON,IMC.,hereby consent to the use ; of the name"I;1XI HOSPITALITY LEXINC3TQN�'B MGT,INC:'131�'1�COII3i170AW��1.0� Massachusetts as a corparatior►,tb,e Fresident af wliich is Anwar Yssa. � � � Very truly yours, i I i LIXI HUSPITA•LTTY ANDO'VE7t 1�B MGT LLC i LL�T HOSP�'�1LITY AtVDOVER LLC i LIXI Y�YOS�I'TALITY REVER�,�.�.0 � LIXT USA MANAGEMENT LLC I , . sy; � . 1�� I Shen' ' o,Maneger Y,IXI LEXING�UN 1t�ANAGEIVIENT,�1'C. ( LIXI HOSPITALITY LE7�YNGTOP�i,TN'C. I i < �y: � � A �j��' � i Sh�n Xi ,President � � aotasi�.z � MA SOC Filing Number: 201667580070 Date: 2/25/2016 1 :52:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisians of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: February 25, 2016 41 :52 PM . � / WILLIAM FRANCIS GALVIN S'ecretary of the Commonwealth MA SOC Filing Number: 201605437770 Date: 11129/2016 5:46:00 PM From 6173347525 1.617.334.7525 Tue Nov 29 15:45:19 2016 MST Page 2 of 4 11/LO/ LV1V 11 .ML IIIA �VUL/VVT F �:�e �Caut�atan�v�atzh o� �Ca�r,�a[��ju,��tt,� vv�u��;$c� F�� Secretary of thc Commonwealth One Ashburton Place,Boscon,Massachuseas Q2108-2 S 12 . .�, ��< � . ; - Certificat+t of Amendment (Geueral L�vea Chapter 156D,Stction 15.b4;95o CMR 1i3.49) � (1? E�raa name of u,rporuion: UXI HOSPITALIIY LEJCINGTON F6 MGT,INC. (ar contai�td in the Divisiarri ncosdr) �Z� ��p��. C/O SHERIN ANp�ODGEN�LP, 101 FEpERAI ST.,BOSTON,MA 02110 (aumber,rhrer,city or toum,atate,.eip coare) (3) This amendmenc s6all ch.ange; (rlxck appropriare baz{ea)) ❑ die corporation c name ca*: � dze poriod of ch�corpomciorts daration co: ❑ rhe srate or cawury qf iu incarporation to": ❑ c6e strea address of ics princip�l off a w: ❑ the 6stal yrar end to: �i the acriviries canducced by che foreign corporarion in the commonwealth: ❑• its officers and d Irercora: Presiderrt,Trea surer,Sea�etary and Director:ChrisGophe�C.Bono,727 Marrett i2d.,Lexington,MA 02421 Hssistant Secxetary;Bi�Camo11,727 Mamett Rd.,Lexingt�,MA 0242f ❑ ochtr Tlx�muas ratirfy t!x�equ�antatu of G.L Chapttr l56D,Srction I S.OG `If the unrrndmsnt irrctrrdes�rhartge of ia eorpernte name,nr thc uste ar rountry af us incor,poration,attach a rcrafuau evrdencdng t�r charrgxr daly autheaticaa�d!ry tJu xcxtary of uatr or othrr officra/l�,wing cw�rody of tht wrpnmu mnmis in x!x swu ar coruury xnder who.re!aw ir ir inrnrporatea: If thc artifieare ia in a forngn langr�rtgc a trarulatiox th�of u�der ortrh of the trc�ulator slaa/!be auachrd. �C• �,seensaesn�nawov,am From 6173347525 1.617.334.7525 Tue Nov 29 15:45:19 2016 MST Page 3 of 4 iii�.o�a.vl� i� .ac a nn .U. vvur vv: Zhis certificue is e$ecm�ac the ame and un che duc approval by the Divisiot►,unless z lacer effeccivt datc not more rhan 90 dsys fmrn thc ciatr of filing is specified: ' 1/ ./ .�> S�gned by:��—�-- , (rlgnauurr of authaexr�ed individaad) ❑ Chairman of d-e board oFdiroaoxs, '� Pzrsiduu> Christopher C.Bona ❑ Orher oli�icer, ❑ CO1�'aPPoinnd fiduciaz}; _____3�_1 on chis day of November , 2016 MA SOC Filing Number: 201605437774 Date: 11/29/2016 5:46:OU PM THE COMMO1�iWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: November 29, 2016 05:46 PM . , /' � ,�" WILLIAM FRANCIS GALVIN SecYetary of the Commonwealth MA SOC Filing Number: 202378564580 Date: 2/26/2023 10:48:00 AM t� � �1� The Commonwealth of Massachuset#s 1�tinimumFee:$�oo.00 ;� �� ''�-� William Francis Galvin ,� % � Secretary of the Cammanwealth, Corporations Division `� � One Ashburton Place, 17th floor {F -��'�' Boston,MA 02108-1512 �� ;�,•��,�� Telephone: (617) 727-9640 . . . . .. - .� . . • � Identification Number: 001211619 1. Exact name of the corporation: LIXI HOSPITALITY LEXINGTON FB MGT INC. 2.Jurisdictfon of Incorporation: State: DE Country: USA 3,4. Street address af the corporation registered office in the commonwealth and the name of the registered agent at that office: ' Name: JOSHUA M. BOWMAN No. and Street: 101 FEDERAL ST. C/O SHERIN AND LODGEN LLP Ciry or Town: BOSTON State: MA Zip: 02110 Country: USA ' 5.Street address of the corporation's principal office: ' No. and Street: 727 MARRETT RD. City or Town: LEXINGTON State: MA Zip: 02421 Country: USA 6. Provide the name and business street address of the officers and of all the directors of the corparation: (A president treasurer, secretary and at least ane director are required.) Title Individual Name Address (no Po eox} First,Middle,Last,S�ffix Address,City or Town,State,Zip Code PRESIDENT CHRISTOPHER C.BONd 727 MARRETT RD. LEXINGTON,MA 02421 USA TREASURER CHRISTOPHER C.BONO 727 MARRETT RD. LEXINGTON,MA 02421 USA ( SECRETARY CHRISTOPHER C.BONO 727 MARRETT RD. I LEXINGTON,MA 02421 USA DIRECTOR CNRISTbPHER C.BdNO 727 MARRETT RD. LEXINGTON,MA 02421 USA 7. Briefly describe the buslness of the corporation: ENTER INTO AND HOLD LIQUC?R LiCENSE5 AND AGREEMENTS 8. Gapital stock of each class and series: Par Value Per Share Total Authorized by Articles Tatal Issued Class of Stock Enter 0 if no Par of Organization ar Amendments and Outstanding Num ofShares Total Par Value Num afShares CWP $1.40000 250 $250.00 250 i ; � � � � � � A � w � t� � r,,) � � �, N � � � Q vJ � ,v� 'O N •- � o � �, � o =' o � :� � � • M � v � N Z � �/ N U � � w ro � %A y, t�n O �y � m v y 0 i�r � � � E � � d � H � � � d �j � E = � U y' E � s��. y A U Z , q> . a� Z M � � Y p .p N N � t � � .0 o � rn t� � •pC,p +'' N C� � � � O O ¢ TERM NOTE . _ ....._....._.... _._....._____w..�._ _ DATE: April 6, 2023 ..___ v..w.....�...�..�__.....___..__ ...._...___....�.�..__._w_._.._. BORROWER Lixi Hospitality Lexington, Inc. or MAKER: (a Delaware limited liability company) 727 Marrett Road �exington, MA 02421 ATTN: Shen Xiao, President 8�Treasurer _ . ��._....._ __._...�,...��...�, GUARANT4RS: Shen Xiao and Lixi Hospitality�exington FB MGT, Inc LEN�DER:...m.�..........�.._..__.._._ � Salem Five Cents Savings Bank 210 Essex Street Salem, MA 01970 PRINCIPRL AMOUNT Twenty-Five Million and 00/100 Dollars($25,000,OOO.QO)WM�W�µµ�ewW OF NOTE: LOAN TERM: The period of sixty(60) manth �� s cammencing upan the date hereof. ...r..�...�_._..__.._.. _�..._.. __..�_.._.___.�.__._.�........_.___._.,._...._......_..._..�..�..___�.�._�______ __. AMORTIZATION The period af twenty-five (25)years commencing PERIOD: upon the date of this Nate. This is a BAL�OON NOTE with monthly payments based on the Amortization Periad, but with a balloon payment of a11 outstanding principal and interest an the Maturity Date. MATURITY DATE: � A ril 6, 2028 �� ' PAYMENT DAY The 6th day of each rnonth, and the Maturity Date(each a "Pavment Dav"). Monthly payments shall begin an May 6, 2023(the"Fi�st Pavment Dav"). ___..__..._.. ......_._._._....e._...._�__. ' WTEREST PERIOD: The period from the date hereof to the First Payment Day and thereafter each period between two consecutive Payment Days. INTEREST RATE: A fixed rate equal ta, as of the date of this Note, the prevailing 5-year Federal Home Loan Bank (FHLB) Classic Advance Rate {the "Index") plus 200 basis points {bps). Based on the prevailing Index as of the date of this Note, the Interest Rate for the Loan Te►m is 5.75%. PREMISES or � 727 Marrett Road, Lexin ton, Middlesex Count , Nale•727Mur vt•5(RF)_EXECUTICN_(227029.4) Pege 1 of 8 4881-2813-6794.v3 MORTGAGED Massachusetts 02421, together with all appurtenances PREMISES #hereto, the improvements and personal property therean MORTGAGED belonging to the Borrower, leases and other tenancy PR.OPERTY: arrangements with respect thereto and the proceeds thereof, all as more particulariy described in the Mortgage. MORTGAGE: A Martgage and Security Agreement of even date herewith as rnay be modified, revised, amended and restated, encumbering the Mnr#gaged Property between Maker, as mortgagor, and �ender, as mortgagee. COLtATERAL: The �oan (as defined in the Loan Agreement)will be secured by a first mortgage an the Mortgaged Premises; a collateral assignment af all leases (including the air rights lease), rents, and operating accounts; a first lien security interest in all fumiture, fixtures, equipment and other personal property owned by the Borrower and used in connection with the Mortgaged Premises; a collateral assignment of all contracts, agreements, licenses and permits; collateral assignment and subordination of management agreements; and a collateral assignment and/or pledge from Lixi Haspitality Lexington FB MGT, Inc. of all contracts, agreements, licenses and perrnits as applicable; and camfort letters executed by Borrower's franchisor and Lender dated on or about even date herewith (as may be amended, revised, modified and restated, the "Comfort Letters"). The �oan will be guaranteed by the Guarantor(s). LOAN AGREEMENT: A Laan Agreement of even date herewith between Maker, as Borrower, Shen Xiao and the Lender as rnay be modified, revised, amended and restated. A NdTE PARTY: Each of Maker and any guarantor, endorser or surety af Maker. LUAN DOCUMENTS: This Prornissory Note (this"Note"), the Loan Agreement, Comfort Letters, and all ather instruments and documents executed in cannectian with the Loan, each af which as rnay be modified, revised, amended and restated the. DEFlNITIONS; All capitalized terms sha11 have the meanings set farth in the Loan Agreement or as otherwise specifically defined herein. PLACE OF EXE- Boston, Massachusetts CUTION OF NOTE: Nole•727Mer vi-5(RF} EXECUTIqN_(227tl29.4) Page 2�8 44381-2&13-6744.v3 ***�,�,�**,�,�***�,�,�************�******�**�**,�**,�**�********,�*�*** 1. Promise to Pay. FOR VALUE RECEIVED, Lixi Haspitality Lexington, Inc. (herein referred ta as "Maker" or"Borrower")does hereby prornise to pay to the order of Lender at the office of Lender set forth abave or at such other place or places or ta such ather party or parties as the hoider of this Note may from time to time designate, ifie Principal Amount of this Note, together with interest thereon, as follows: 1.1. Manthlv Principai and interest. On each Payment Day other than the Maturity Date, a payment af principal and interest based upon an amortization schedule calculaked to provide for arnortization of the principal balance then outstanding, with the interest at the then applicable Interest Rate in effect from time to time, in equal monthly installments over the Amortization Period then remaining. Based on the Amortization Period and the Interest Rate, the payment due on each Payment Day will be $158�564.16. 1.2. Principal, Interest and C?ther Pavments. On the Maturity Date, a final ballaon payment equal to the principal balance then outstanding plus all unpaid interest at the applicable Interest Rate upon the principal balance autstanding, plus all other amounts due hereunder or under the Loan Documents. 1.3. Each such payment provided far herein shall be applied when received, first to the payment of interest at the Interest Rate upon the principai balance outstanding and the remainder, if any, of each such payment shall be applied to reduce the principal balance; except that if any rnonies paid by the halder of this Note to cure any Event of Default of Maker shall nat have been repaid, payments made on account af monies due under this Note may, at the option of the holder af this Note, be applied �rst ta repay such monies paid and the balance, if any, shall be applied on account of interest and principal in such praportions as the holder of this Note shall deterrnine. 1.4. Interest for a period between two Payment Days shall be cpmputed on a daily basis on the loan proceeds outstanding during said period by the application of a 360-day per diem factor to the actual number of days during which Maker has had use of the funds. 2. Pre-payment. Upon giving Lender at leas#forty-eight(48) hours prior written notice, Maker may prepay the unpaid principal balance of this Note upon campliance with this Section 2. In addition to the payment of principal, accrued interest and other sums due to Lender at the time of prepayment, whether such prepayment is voluntary ar involuntary(by acceleratian or otherwise), Maker shall pay a prepayment fee as follows(the "Prepayment Fee"): 2.1.For any prepayment made during the 1st year of the Loan Term, 2.0% of the autstanding loan balance; and 22.For any prepayment made during the 2"d year of the Loan Terrn, 2.0% of the outstanding loan balance; and 2.3.For any prepayment made during the 3�d year of the Laan Term, 1.0% of the autstanding loan balance; and Nole 727Mer v1-5(pF)_EXECUTIDN_(227029 a) Page 3 of B 4881-2$13-6794.v3 2.4.For any prepayrnent made during the 4'h year of the Loan Term, 1.0% of the autstanding loan balance; and 2.5.For any prepayment made during the 5th year of the Loan Terrn, 1.0% of the outsfanding loan balance, provided the Lender will waive the prepayment fee for any prepayment made within 180 days af the Maturity Date, provided the Maker has delivered to Lender written notice of its intention to prepay the Loan an or before such 180 day period, provided further that if the Borrower delivers such notice, the Barrower shall not be obligated to prepay the Loan if it sends written notice withdrawing such intentian to prepay the �oan. 3. Late Payrnent. If at any time or from time to time any amount payable(other than the balloon payrnent of principal due on the Maturity Date or other acceleration of the entire debt then remaining unpaid) by Maker to�Lender on account of principal or interest shall not be paid on or before the due date thereof then, in addition to all other rights the l.ender may have hereunder or in the �aan Documents, Maker shall pay to Lender upon demand, in additian ta all ather amounts payable, a late cha�ge equal to five percent(5°/a)af the amount so overdue. 4. Default. Acceleration. An "Event af DefaulY' is defined as(1) a default in the making of any payrnent provided for in this Note in full as and when due, or(2) any other event designated as an Event of Default herein or in any other Loan Document, or(3} any breach or misrepresentation of this Note or any other Loan Document that continues uncured beyond any applicable grace or cure period. If an Event of Defauit occurs,then: 4.1. From and after the date of the Event af Default, the rate of interest specified in this Note shall be increased to five percentage points{5%)above the Interest Rate applicable from time to time hereunder, all calculated on a daily basis (but no mare than the maximum legal rate); and 4.2. At the date of the Event of Default or at any time thereafter during the continuance thereof the holder hereof may,without notice, declare the entire debt then remaining unpaid, to be immediately due and payable. 5. Riahts IVot Waived. Failure of the holder hereof to exercise the option of acceleration fallawing any Event af Default, or to exercise any other option granted hereunder, or the acceptance by#he holder hereof af payments hereunder shall not canstitute a waiver of any such Event of Default, but such options shall remain continuously in force, 6. Ghanges to Note. This Note may not be changed orally, but anly by an agreement in writing and signed by the Maker and the holder thereof. 7. Liabilitv of Parties. If there is more than one Note Party, the liability of the Note Parties shall be joint and several; if Maker consists af more than one person or entity, the liability af the persans and entities constituting Maker shall be joint and several. Each Nate Party agrees that it shall be baund by any agreement extending the time for payment or modifying the terms of payment of#he Note made by the holder of this Nate and Maker(or any one or more of the persons or entities constituting Maker, if Maker shall consist af mare than one person or entity) or the owner or owners of the property subject to the Mottgage, with or Nole �2TMar v'I�5{RF) EXECUTION_(227029 4j Page 4 of B a88�-2a�3-679a.v3 without notice ta such Note Party no# party to such agreement of extension or modification. The liability of each Note Party shall be unaffected by the release of any o#her Nate Party or any modification, waiver, release ar discharge of any security. $. Waiver Extension Modificatian. Each Note Party hereby waives presentment for payment, demand, notice of dishonor, diligence in callection, protest, and all other demands and notices in connection with the delivery, acceptance, perFormance, default or enforcement of this Nate, the Mortgage or any ather security for this Note, and agrees to perform and comply with each of the covenants, conditions, provisions and agreements of any of the � undersigned contained in every instrument evidencing or securing the indebtedness evidenced by this Note. No extension o#the time for the payment of this Note or any instailment hereof made by agreement with any person now ar hereafter liable for the • payrnent of this Note shall operate to release, discharge, modify, change or affect the . liability af any Note Party. 9. Enforceabilitv. If any provision of this Note shall be determined to be invafid or unenforceable under law, such determination shall not affect the validity ar enforcement ar the remaining provisions of this Nate. Notwithstanding any provisian contained in this Note or in any instrument now or hereafter given as security for this Nate or in cannection with the loan,the maximum amount of interest and ather charges in the nature thereof contracted for or payable shall not exceed the maximum amount of interest and other charges allowable by law. If the same shall be determined to exceed said maximurn amount,the same shall be reduced ta said maximum amount. 10. Lender's Costs and Expenses. The Maker will pay, upon dernand by l.ender, all reasonable attorneys'fees, out-of-packet expenses incurred by the Lender's attorneys and all casts incurred by the Lender, which casts and expenses are directly related to the preservation, protectian, collection, or enfarcement of any of the �ender's rights against the Maker or any endorser or guarantor and against any collateral given the �ender to secure this Note or any extension or other indulgence, with respect to the loan evidenced by this Note(whether or not suit is instituted by or against the Lender). 11. Remedies Cumulative. The remedies of Lender, as provided in this Note and the other Loan Documents, shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion af Lender, and may be exercised as often as occasion therefor shall occur, and the failure ta exercise any such right or remedy shall in no event be canstrued as a waiver or release thereof. 12, Headin�s. Headings in this Nate are included for convenience of the parties only and shall not constitute a part of this Note for any ather purpose or be utilized in the interpretation hereof. 13. Set-off. Any and all depasits or other sums at any time credited by or due from Lender ta the Maker(ather than payroll accounts) shall at all times canstitute security for tfiis Nate and any other obligations of the undersigned to Lender and may be applied or set off by Lender, during the continuance of an Event of Default, against such obligations whether or not other collateral is available to Lender. Nole-i27Mar vt-5{RF) EXECUTIQN_{227029 4) Pege 5 pf 8 4$81-2813-6794.v3 14. G�verninq Law. This Note shall be governed and construed exclusively in accordance with the laws of the Comrnonwealth pf Massachusetts, 15. Consent to Jurisdiction. Consent to Jurisdiction. Maker acknowledges and agrees that at the sole and exclusive option of the Lender. (i)this Note will be deemed ta have been performed in the Province of Glu�bec and the courts of the Pravince of Quebec will have jurisdiction to entertain any action arising under this Note. The Maker hereby submits to the nan-exclusive jurisdiction of the courts of the Province of Quebec or any court in Provincial Canada where the Maker is dorniciled or maintains assets. And {ii) Maker further consents to persanal jurisdictian in any state or Federal court lacated within the Commonwealth of Massachusetts. MAKER AGREES THAT ANY SUIT FOR THE ENFCJRCEMENT OF THIS AGREEMENT OR ANY OTHER OF THE LOAN DOCUMEM1ITS MAY BE BROUGHT IN THE COURTS OF THE COMMONWEALTH OF MASSAGHUSETTS OR ANY FEDERAL CtJURT SITTING THEREIN, 4R AT LENDER'S SOLE AND EXCLUSIVE OPTlON, IN ANY COURT iN PROVINCIAL CANADA WHERE THE MAKER IS DOMICILED ()R MAINTAINS ASSETS, AND MAKER CONSENTS TO THE JURISDICTION OF SUCH COURT AND SERVICE OF PROCESS IN ANY SUCH SUiT BEING MADE UPON MAKER BY MAIL AT THE ADORESS SET FORTH IN THIS AGREEMENT. MAKER HEREBY WAlVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH SUIT OR ANY SUCH COURT OR THAT SUCH SU1T IS BROUGHT IN AN INCONVENIENT FORUM. 16. Waivers Pertainina to Junr Trial, Etc. IN ANY CASE, CONTROVERSY OR MATTER WH1CH ARISES OUT�F, C)R IS IN RESPECT OF, THIS NdTE AND/OR �OANS EVIDENCED HEREBY, OR ANY COLLATERAL SECURING THIS NOTE, OR ANY OTHER INSTRUMENT IN CONNECTION WITH THIS NOTE, WHETHER NOW EXISTING OR HEREAFTER ARISING, THE MAKER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY: (A)WAIVES ANY RIGHT TO AND AGREES NOT TO BRING, COMMENCE, OR OTHERWISE TAKE ANY ACTION TO TRANSFER ANY PR4CEEOING INCLUDING WITHOUT UMITATION COURT ACTICIN, ARBITRATION, MEDIATION, ADMINISTRATlVE PR(JCEEDING OR OTHERWISE, OTHER THAId IN THE COMMONWEALTH OF MASSACHUSETTS; AND (B)WAIVES ANY NOW EXISTING AND/dR HEREAFTER ARISfNG RIGHT TO A TRIAL BY JURY. 17. Successors and Assigns, Assignment. This Nate, and the obligations and undertakings herein set forth, shall be binding an the Maker and the Maker's successors and/or assigns, and shall inure to the benefit of the Lender and the Lender's successors and/or assigns, The faregaing sentence notwithstanding, the obligations and undertakings of the Maker may nat be assigned in whole or in part withaut the prior written consent of the Lender, and any attempted or purported assignment without such written appraval shall be unenforceable against the Lender and shall be void and of no force or effect. No1e•'727Marv7-5(RF) EXECUTION_(22'70294) Page6otB 4881-2813-6794.v3 [Signature Page To Follow] No1e-72'7Mar vt-5{RF)_EXECUTION_(22?0294) Page 7 of 8 4R$I-?R13-6794.v3 Executed as a seafed instrument. MAKERIBC1RFtOWER LII�T HUSPITALITY LEXINGT�N,INC. , By.: 'S�'s�L�'�/�1,��-t`�� I�T2�me:Shen Xiao Tide:President a�d T'ieasurer,Duly Authorized ra►..rrrMaro.,�s�aa,.� r��a� GUARANTY Lixi Hospitality Lexingtan �B Mgt, Inc. DEFINITIONS: The follawing expressions shall have the following meanings: THE GUARANTdR: Lixi Hospitality Lexingtan FB Mgt, Inc. 727 Marrett Raad Lexington, MA Christopher C. Bono, President and Treasurer THE LEIdDER: SALEM FiVE CEN7S SAVINGS BANK 210 Essex Street Salem, MA Q1970 THE BORRfJWER: Lixi Hospitality �exingtan, lnc. (a Delaware corporation) 727 Marrett Road �exington, MA 02421 Attn: Shen Xiao, President and Treasurer TNE �OAN AMOUNT: Twenty-Five Million and 00/100 Dallars ($25,00O,OOp.00) evidenced by the Note and the Loan Agreement, (bath defined below) This Guaranty is executed and delivered to incluce the Lender to lend the Loan Amount to the Borrower, said loan being evidenced by, among ather things,that certain Promissory Nate of the Borrower af even date herewith drawn to the order of the Lender in the amount of$25,000,000.00(the "Note"), that certain Loan Agreement of even date herewith (the "Loan As�reement"), secured by a Mortgage and Security Agreernent of even date herewith (the"Mort�a�e"), that certain Hazardous Materials Indemnity Agreement by the Borrower of even date herewith (the"HazMat Indemnitv"), that certain Pledge and Security Agreement by and between the Guarantor in favor of the Lender of even date herewith (the"Pled�ae"), and by other security. The Note, the Loan Agreernent, the Mortgage, the HazMat Indemnity, the Pledge, and any other instrument given as security for or executed in connection with the indebtedness evidenced by the Note and the Loan Agreement, are herein called the "Loan Docurnents". Gnurantw-I.ixi Itwpimliry Lceingian FE3 htgi,drve vI � The Guarantor represents, warrants and covenants as follows: '1. The Guarantor unconditionaliy guarantees to the Lender the full and punctual payment and collectian of all principal and interest payable under the Note as and when said principal and interest shall be payable at the times provided in the Note, or by acceleration at the optian af the Lender or any Holder of this Note, in accordance with the pravisions of the Note. 2. Upon any and every default by the Borrower of any of the obligations af the Borrower under the Note, the Loan Agreement, the Mortgage, or any other of the Loan Documents which default remains uncured after applicable notice and cure periods, the liability of the Guarantor shall be effective immedia#efy and without notice and shall be satisfied as to such default on demand; and without limiting the generality af the foregoing,the Lender shall have no obligation ta exercise any right or remedy or to seek any recovery from the Borrawer or to realize upon any security prior to proceeding hereunder against the Guarantor, and, likewise, the enforcement of the Lender's rights against the security given by the Borrower for the loan shall not impair the right of the Lender to enforce this Guaranty, the Guarantor expressly agreeing that any such action by the Lender shall never operate as a release of liability under this Guaranty, and the Lender shall have no obligation to exercise its rights underthis Guaranty against more than one of the Guarantor and rnay proceed against al{ or any Guarantors of the 1oan. 3. The Gua�antor guarantees to the �ende�the payment of any and all expenses paid or incurred by the Lender(including reasonable attorneys'fees) in cannection with the enforcernent of the obligations guaranteed hereunder and the obligations of the Guarantor hereunder. 4. The liability of the Guarantor shall not be discharged by(i)any amendment or modification af the provisians of the Note, the Loan Agreement, the Mortgage, or any other instrument between the Borrower and the Cender, (ii) any extensions of time for pe�Forrnance required thereby, (iii)the release of the Barrawe�, by operatian af law ar otherwise(including, withaut lirnitation, in bankruptcy or insalvency proceedings), from perFormance of any of the obligations of the Barrower contained in any of said instruments, or(iv) any substitution, exchange or release of colfateral for the Barrower's obligations, in each case whether with ar without natice to the Guarantor. The Guarantorwaives natice af acceptance of this Guaranty, presentrnent, demand for payment, protest, notice of non-paymen# and notice af other default. 5. The Guarantor agrees that failure of the Lender in any one instance to proceed against the Borrawer or any Guarantor to enforce any af its rights with respect to any default shall not constitute a waiver af the Lender's right thereafter to proceed to enfarce its rights with respect to such default ar with respect to any or all othe�defaults of the Borrower under the Loan Documents. The Guarantor shall not assert or interpose any suretyship defense whatsoever. Gusnmy L4ai 4lospi�nlip�t.r,r,in�ion FB ht�.Inc v 1 � 6. Upon full payment of ali amounts due under or pursuant to the Note, the Loan Agreement, and such other indebtedness as may be secured by any Loan Document, #he abligatians of the Guarantor under this Guaranty shall automatically cease, become null and void and be of no further force or effect except as to thase duties, obligations and undertakings hereby guaranteed that, by their terms, survive such payment. 7. The fact that the Lender shall permit the Note or the Loan Agreernent to remain unpaid at and after the maturity date of the Note or the Laan Agreement, and shall accept payments an account of principal or interest, shall not be deemed a waiver of the right af Lender to demand payment at any time after the maturity date. 8. This Guaranty is intended to take effect as a sealed instrument, shall inure to the benefit of the Lender and its successors and assigns, and shall be binding upon the Guarantor and the Guarantor's executors, administrators and assigns; and all rights and remedies of the parties shall be determined as to their validity, construction, effect and enforcernent, and in all other respects of the same or diffe�ent nature, exclusively by the laws of the Commonwealth af Massachusetts. 9. The liability of the undersigned is primary and shall be unlimited. 1 p. If and as long as there is more than one guarantor af any of the obligations af the Borrower to the Lender, now existing or hereafter arising, the liability of the undersigned shall be joint and several with any such other guarantor(s), and the continuation of this Guaranty as to the undersigned shall not be affected by the termination, discontinuance, release or modificatian of any guaranty of any other guarantor, including without limitation, termination because af the death of any individual guarantor. 11. As security for the payment and performance of Guarantor'S obligations hereunder, Bank is hereby granted a lien and security interest in: a)twa certain all alcohalic beverages licenses, Nos. 00032-HT-0612 and 00033-HT-0612, issued by the Town of Lexington to the Guarantor; and b)to any and all deposits ar ather sums at any tirne credited by or due from Bank to Guarantor whether in regular or special depasitory accounts or btherwise, and all moneys, securities and other property of Guarantor and the proceeds thereof, now or hereafter held ar received by Bank, whether for safekeeping, custody, pledge, collection or otherwise. Upon the occurrence of a default hereunder, and in addition to and not in limitation of any and all rights and remedies of the Bank hereunder, under the Pledge, ar otherwise, all of such rights and rernedies being cumulative, Bank may set ofF any such deposits, other sums, moneys, securities and other property and the proceeds thereof against any or all af the obligations of Guarantor, without prior notice ar demand, and regardless of whether ar not such obligations are secured by any other callateral, and regardless of the adequacy of any such other collateral. 12. Waivers Pertaining ta Jury Trial, Etc. IN ANY CASE, CONTROVERSY OR MATfER WHICH ARISES OUT OF, OR IS IN RESPECT OF, THIS GUARANTY AND/dR ANY LOAN DOCUMENT, WHETHER NOW EXISTING OR HEREAFTER ARISING, THE puurmairy�-I.,isi dYoypi�pliiy I..cairikn.on 1�6 Myt.Inc al ',� GUARANTOR KNOWINGLY, VOLUNTARILY AND INTENTIONALLY: (A) WAIVES ANY RIGHT TO AND AGREES NOT TO BRING, COMMENCE, OR t7THERWISE TAKE ANY ACTION TC1 TRANSFER ANY PRCICEEDING INGLUDING WITHOUT LIMITATION COURT ACTION, ARBITRATION, MEDIATION, ADMINISTRATIVE PROCEEDING OR OTHERWISE AGAINST THE LENDER OR ANY HO�DER OF THIS NOTE AND/OR ANY QF THEIR AFFI�fATES, OTHER THAN IN THE COMMONWEALTH OF MASSACHUSEI?S; AND (B)WAIVES ANY NOW EXISTING ANDiOR HEREAFTER ARISING RIGHT TO A TRIA� BY JURY. 13. Statement of Consideration. The Guarantor understands that the Lender is unwilling to make the Loan without the Guaranty of the Guarantar, and that if the Lender makes the Loan it will do so in reliance upon this Guaranty. The Guarantor further states that the Gua�antor will benefit indirectly from the Loan, and this Guaranty is given to induce the Lender to make the Loan. [Signature Page To Follow] Guazamy-Lix�Huspiidity Lcxin}ion fD Mgi,Inc.��1 � ___ � � . � � � � �.� �..-rt ,� �,l 1h+ITNE5S my hand and seai this 6 day oi April ,2023 IN THE PRESENCE C)F �IXI HOSPITALI7Y LEXINGTON FB MGT, INC. _�. �_-- . �,�. .. r � � _ :--' r_._._. � � ._ ° ' 1 � � ,: , gy: �_ . � , _...W:� _ . _.._ � __.�---- 'Wiiriess ' Na . tistopher C.Bona � � (ts: President and Treasurer ,� � 6' �a PLEDGE AND SECURITY AGREEMENT T7iis PLEDGE AND SECURIT'Y AGREEMENT (the"Agreernent") is entered into is rr�ade tlus b th day of April, 2023,by and between Lixi Hospitality Lexington FB Mgt, Tnc.,a Delaware corporation("Pledgor"),and Salem Five Cents Savings Bank{"Secured Partv"). RECITALS A. Pledgor is an affiliate of Lixi Hospitality Lexington; Inc.,a llelaware Corporation (the"Borrawer"); B. Borrower has executed and has delivered to Secured Party a certain Promissory Nate of even date herewith given by Borrower as maker to the order of Secured Party(as may be altered or amended,the"Note")in the original principal amount of$25,00O,OOp.00 issued by the Secured Party(the"Loui"); C. Pledgar has executed and has delivered to Secured Party a certain Guaranty of even date herewith in favor of Secured Party guaxanteeing the Borrower's payrnent and performance under the Note(as may be altered or amendetl,the"Guaran "); D. The Nate,the Guaranty, a Loan Agreement af even date herewith between the Borrower and Secureci Party, and all other instruments and documents executed in cannection with the Loan,are hereinafter referred to collectively as the"Losn Docurnents"; E. Pledgar is the holder of two certain all alcoholic beverages licer►ses,Nos. p0032- HT-0612 and 00033-HT-0612, issued by the Town of Lexington(each a"Liquor License"and together,the"Liq,uur Licenses"}, copies of which are attached hereto as Exhibit A; F. Pledgor agrees to pledge to Secured Party the Liquor Licenses,or any future license given or obtained with respect to the premises located at 727 Marrett Raad, Lexington, Massaehusetts(the"Licensed Premises"),as such licenses may be renewed, altered or arnended frorn time to time,as collateral security for the Guaranty; G. To secure Pledgor's obligations under the Guaranty and the Note,Secured Pariy is requiring that Pledgor execute and deliver this Agreement; and H. Pledgor's execution,delivery and perfonnance of this Agreement are in furtherance of Pledgor's purposes and are necessary or convenient to the conduct,prarnotion or attainment of Pledgor's business, and Pledgor will receive benefit from the financial accomrnodations extended under the Guaranty and Note. AGREEMENT N�W,THEREFORE,in consideration of the foregoing and other good and valuable consideration,it is agreed as follows: Liquor License Pledge and Security Agreemerrt 489p-5447-9130.v i l. Pled e. 1.1 Pledgar hereby pledges, assigns and grants to Secured Party a first priority security interest in the Liquor Liceiises(hereinafter referred to as the"Collateral"); 1.2 Security f�r Obligations. This Agreement secures, and the C.ollateral is security for,the prampt payment in full when due,whether by acceleration or otherwise,of any and all swns owed by Borrower to Secured Party,and the performance of any or all of Borrower's and Pledgor's covenants under the Note and Guaranty(callectively,the"Securecj Obligatians"), 2. Reqresentatians,Warranties and Covenants. 2.1 Representations. Pledgor represents, warrants,covenants and agrees to and with Secured Party that: (a) Pledgor has the right ta pledge,assign,and grant a security interest in,the Collateral pledged to Secured Party as provided herein, and to execute,deliver and perform this Agreement; (b) Pledgor has obtained, or will obtain within one hundred fifly(1 SO)days of the executio� of this Agreernent{the"Original Approval Period"),the required approvals from the Town of Lexington and the Massachusetts Alcoholic Beverage Control Cornmission to pledge the Liquor Licenses as set farth herein(the"Approvals"). Provided the Pledgor has filed all applicatians necessary for the Approvals on or before the thirtieth(30`h)day after the execution of this Agreement and has continuously and diligently pursued the same thraugh the Original Approval Period, the Pledgor shal]be entitled,with prior written notice to the Pledgee,to an additional 30 days ta obtain the Approvals(the"Extended Approval Period"). Except for the foregoing,na consent,approval,authorization or other order of any third party and no consent, authorization, approval,or other action by,and no notice to or filing with, any governmental autharity or regulatory body is required either(i) far the pledge by Pledgor of the Callateral pursuant to this Agreement or for the execution,delivery or performance of this Agreement by Pledgor or(ii)for the exercise by Secured Party of the rights provided for in this Agreernent or the remedies in respect of the Collateral pursuant to this A�reement including any dispositian thereof; (c) at any rime and from time to time,at its sole expense,the Pledgor will,promptly upon request by the Secured Party, duly execute and deliver any and all such further instruments and documents and take such further action as Secured Party may reasonably deem desirable in obtaining the full benefits of this Agreement and of the rights and powers herein granted, ineluding(without limitation}the filing of any financing or continuation statements under the UCC in effect in any jurisdiction with respect to the liens and security interests granted hereby, or becoming a maker on the Note. The Pledgor also hereby authorizes the Secured Party to file any such financing or continuation statement without the signature of any of the Pledgor to the extent permitted by applicable law. If any Collateral,ar if any amount payable under or in eonnection with any of the Collateral, shall be or become evidenced by any negatiable document af title,or by any promissory nate or other instrurnent, such dacument,note ar instnrment shal] 2 Liquar Lacense Pledge and Secunty Agreement(Lixi v2) 4$90-5947-9130.v I be irnmediately delivered to the Secuzed Party hereunder,duly endorsed in a manner satisfactory to the Secured Pariy. (d) the Secured Party has, as of the date of this Agreement, a valid, perfected(assuming the approvat by the Town of Lexington and the Massachusetts Alcoholic Beverages Control Cornmission and filing of$nancing statements in all necessary public offices)and cantinuiiig furst priority lien upon and security interest in the Collateral; {e} this Agreeinent has been duly authorized,executed and delivered by the Pledgar, and is the legal, valid and binding obligation of the Pledgar enforceable against it in accordance with its teruis, subject anly ta the effect of bankruptcy,insolvency or other sirnilar laws affecting the rights of creditors generally and subject ta limitations irnpased by general principles af equity; (fl the pledge,transfer and,grant of a security interest in the Collateral hereunder has been registered on the books and records of the Pledgor; (g) Pledgor will defend the title to the Collatera] and the liens of Secured Party thereon against the claim of any third party and will nnaintain and preserve such liens; (h) Pledgar will not change its business address untess Pledgor shall provide the Secured Party with written notice thereof not less than thirty(30)days prior to such change(but in any event,within the period required pursuant ta the Uniform Commercial Code)and there shall have been taken such acrion,reasanably satisfactory ta the Secured Party, as may be necessary to maintain the security interests af the Secured Party hereunder at a11 times fully perfected and in full farce and effect; (i} Pledgor shall nat change its name unless Pledgor shall have given the Secured Party written notice thereof not less than thiriy(30)days prior to such change @ut in any event,witlun the period requized pursuant to the Uniform Cornmercial Code)and shall ha.ve taken such action, reasonably satisfactory to the Secured Party,as may be necessary to maintain the security interests of the Secured Party in the Collateral at all tirnes fully perfected and in full farce and effect; (j} None of the Collateral is subject to any pledge,lien, security interest,eharge,option, restrictions ar other encumbrances,except the security interest created by this Agreernent; (k} Pledgor will do all things necessary ta maintain the Liquor Licenses in full force and effeet and to operate the locatians to which the Liquor Licenses relate in accordance with the requirements of all applicable laws,ordinanees,rules and regulations,including without limitatian,the require�nents of the Town of Lexington and the Massachusetts Alcoholic Beverage Control Commission; (1) Pledgor agrees that it shall promptly take all necessary steps,at Pledgor's sole cost and expense,to obtain the Approvals for the pledge of the Liyuor Licenses to Secnred Party hereunder. If sucl�approval is not granted within the Approval Period,or the later of,if appliable,the Extended Approval Period,, Secured Party shall have the right,at Pledgor's sole 3 Liquor License Pledge and Security Agreemcnl{Lixi vZ) 4$90-5947-9130.v 1 cost and expense,to take any and all action that Secured Pariy deerns necessary to obtain such �►pprovals and otherwise to perfect its pledge of the Liquor Licenses,in its name and/or in the name of Pledgar, Pledgor hereby irrevocably appointing Secured Party its attorney-in-fact for the purposes of exercising the foregoing right,and Pledgar shall reimburse Secured Party upon dernand for all casts and expenses incurred by Pledgee in so doing, including without limitatian; reasonable attorneys' fees. (rn) Pledgar agrees that the Secured Party is unwiliing to issue the Loan without the Guaranty of the Pledgor,and that if the Secured Party makes the Loan it will do so in reliance upon the Guaranty and this Agreement. The Pledgor further states that the Pledgor wi11 benefit indirectly from the Loan, and the Guaranty is given to induce the Securad Party to rnake the Loan. 3. Events of Defaalt. Each of the fallowing is an"Event of Default": (a) The occurrence of any default by Borrower,Pledgor, or guarantors after applicable notice and opportunity to cure under the Loan Documents; (b} any breach by Pledgor of its obligations under the Guaranty beyond the expiration of aiYy applicable notice and cure period; (c) failure ta obtain the Approvals within Appraval Period,or the later af,if appliable,the Extended Approval Period; (d) any breach by Pledgor of one or more of its representations,warranties or covenants under this Agreement,or any failure on the part of Pledgor to perform or otherwise fulfill its obligations under this Agreement beyond the expiration of any applicable notice and cure period. 4. Remedies. 4.1 Sa1e of the Collateral. Subject to the requiremants of the following sentence,the Secured Party may enforce its rights hereunder without any other notice and withaut compliance with any ather condition precedent naw or hereafter impased by statute,rule of law or atherwise(all of which are hereby expressly waived by the Pledgar,to the fullest extent permitted by law). The Pledgor acknowledges that(i)ten(10)days' notice of any public sale or of the date on or after which a private sale rnay be effected is reasonable notice, and(ii)if the Secured Party elects to enforce its remedies through a public sale, it is reasonable ta hold such a sale in Lexington, Massachusetts. The Secured Party rnay buy the Collateral at any public sale and may make payments therefor by any means. The Secured Party sha11 apply the cash proceeds actually received from any sale or other dispasition to the reasonable expenses of retaking,holding, preparing for sale,selling and the like,to reasanable attorneys' fees,and all reasonable legal expenses>and other reasonable expenses which may be incurred by Secured Parly in attempting to collect the Obligations or to enforce this Agreement or in the prosecution ar defense of any action ar proceeding relating to the subject maiter of this Agreement; and then to the Obligations, and any surplus shall be paid to the Pledgor. 4 Liyuor L.icease Pledge and Security Agreement iLixi v2) 48�0-594?-9l 30.v I 4.2 Pledgor agrees that following the occurrence of an Event of Default,it will not at any time plead, claim or take the benefit of any appraisal,valuation, stay, extension, statute af limitation,maratoriurn or redernption faw now or hereafter in force in order to prevent or delay tl�e enforcement of this Agreernent,or the absolute sale of the whole ar any part of the Collateral or the possession tliereof by any purchaser at any sale hereunder, and Pledgor waives the benefit of all such laws to the extent it lawfully may da sa. Pledgor agrees that it will not interfere with any right,power and reinedy of Secured Party provided far in this Agreement or now or hereafter existing at law or in equity or by statute ar otherwise,or the exercise or beginning af the exercise by Secured Party af any one or rnare af such rights,powers,or remedies in accordance with the terms of applicable law and this Agreemeat. No failure or delay on the part of Secured Party to exercise any such right,power ar remedy and no notice or demand which may be given to or lnade upan Pledgor by Secured Party with respect ta any such remedies shall operate as a waiver thereof,or lirr►it or impair Secured Party's right to take any action or to exercise any pawer or remedy hereunder,without notice ax demand,nr prejudice its rights as against Pledgor in any respect. 4.3 Annlication of Praceeds. (.bpon the exercise by Secured Party of its rights hereunder, all cash proceeds received by Secured Party in respect of any sale of, liquidation of,or other realization upon all or any part of the Collateral shall be applied by Secured Farty as follaws: (a) First,to the payment c�f the costs and expenses of such sale, liquidation or other realization,to Secured Party and its agents, and all expenses,liabilities and advances made or incurred by Secured Party in connection therewith,including reasonable attorneys' fees; (b) Next,to the payment ofthe Secured Obligations; and (c) Finally, after payment in full af all Secured(abligations, to the payrnent to Pledgor,or its successors or assigns,or to whornsoever may be lawfully entitled to receive the sarne or as a court of competent jurisdietion may direct,af any surplus then remaining from such proceeds. 4.4 Pledgor hereby inevocably appoints Secured Party its attorney-in-fact for purposes of executing and delivering any ins#rument or docurnent necessary or desirable far the exercise of any of the foregaing rights. 5. Waiver. P�To delay on Secured Party's part in exercising any power of sale,lien, option or other right hereunder,and no notice or demand which may be given to or made upon Pledgor by Secured Party with respect to any power of sale, lien,option or other right hereunder,shall constitute a waiver thereof,or liinit or irnpair Secured Party's right to take any action or to exercise any power of sale, lien,option, or any other right hereunder, withaut notice or demand, ar prejudice Secured Party's rights as against Pledgor in any respect. 5 Liquor License Piedge and Seeunty Agreement(Lixi v2} 4890-5447-4130.v l 6. Lien Absalute. All rights of Secured Party hereunder, and all obligations of Pledgor hereunder,shall be absolute and unconditional irrespective o£ (a) any lack of va�idity ar enforceability of the Note, Guaranty or auy other agreement or instrument governing or evidencing any Secured Obligations; {b) any change in the time,manner or place of payment of,ar in any other term of, all or any part of the Secured Obligations,or any other a�nendment or waiver of ar any consent to any departure frorn the Note, Guaranty or any other agreement or instrument governing or evidencing any Secured Obligations; (c) any excha�ige,release or nan-perfection of any other collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for a11 or any of the Secured Obligatians; or (d) any other circumstance which migllt adierwise constitute a defense available ta,or a discharge of,Pledgor. 7. Release. Pledgor consents and agrees that Secured Party may at any time,or frorn tirne to time,in its discretian,renew,extend or change the time af payment,and/or the manner,place or terms of payment of all or any part of the Secured Obligations. Pledgor hereby waives notice of acceptance of this Agreernent,and also presentment,dernand, protest and notice of dishonar of any and ail of the Secured Obligations,and(except as aforesaid)promprness in cornrnencing suit against any party hereta ar liable hereon, and in giving any notice to or of►naking any claim or demand hereunder upon such Pledgor, No act or omission of any kind on Secured Party's part shall in any event affect or impair this Agreement. 8. Indemnificadon. Pledgor agrees to indemnify and hold Secured Party harmless fram and against any taxes, liabilities, claims and damages,including reasonable attorneys' fees and disbursements, and other expenses incurred or arising by reasan of the taking or the failure to take action by Secured Party,in good faith,in respect of any action under this Agreement or in connection witl�the lien provided for herein,including,without limitation,any taxes payable in connecrion with the delivery or registration of any of the Callateral as provided herein. The faregoing notwithstanding,the indemnity provided for herein shall not apply to litigation cornmenced by Pledgor against Secured Party which seeks enforcement of any af the rights of Pledgor hereunder and is determined adversely to Secured Party in a final nonappealable judgment or to the extent such claims,damages, liabilities and expenses result from Secured Party's grass negligence ar willful misconduct. 9. Reinstatement. T'his Agreement shall remain in full force and effect and continue to be effective should any pebition be filed by or against Pledgor for liquidation or reorganization, should Pledgor becorne inso[vent or make an assignment for the benefit of creditors or should a receiver ar trustee be appointed fox all or any significant part of Pledgor's assets,and shall cantinue to be effective or be reinstated, as the case may be,if at any time payment and performance of the Secured Obligations,or any part thereof,is,pursuant to applicable]aw, 6 Liquor License Plecige and Security Agreement(Lixi v2) 4890-5947-9130.v 1 rescinded or reduced in amount,or must Qtherwise be restored or retumed, and in any such case, the Secured Obligations shall be reinstated aizd deemed reduced only by such amoui�t paid and not so rescinded,reduced,restored or returned. 10. Miscellaneous. 10.l Secured Party rnay execute any of its duties hereunder by or thraugh agents or employees and shall be entitled to advice of counsel cancerning all rnatters pertaining to its duties hereunder. 10.2 In any litigation or arbitration between the parties arising out af this Agreement, including any action by Secured Party to enforce this Agreement,the non-prevailing party shall pay to the prevailing party all reasonable expenses, arbitration, and/or court costs,including attorneys' fees,costs and expenses incurred by the prevailing party in connection with such li4igation or arbitration or enfarcement action,including fees,costs and expenses associated with any appeals and the reasonable costs of realizing upon the Collateral. 10.3 None of Secured Party's officers,directors,employees, agents ar counsel shall be liable for any action lawfully taken or ornitted ta be taken by it or them hereunder or in connection herewith,except for its or their own willful misconduct,and,notwithstanding anything to the contrary contained in this A�reernent, Secured Party shall nat have any personal liability to Pledgor or any otlzer party under this Agreement other than personal liability for an intentional breach of its obligation set forth in this Agreement. 10.4 'This Agreement shall be binding upon Pledgor and its successors and assigns,and shall inure to the benefit of,and be enforceable by, Secured Pariy and its respective successors and assigns, and shall be governed by,and construed and enforced in accordance with, the internal laws in effect in the Commonwealth of Massachusetts without giving effect to principles of chaice of law, and nane af the terms or provisians of this Agreement may be waived, altered, modified or amended except in writing duly signed for and on behalf af Secured Party and Pledgor. 10.5 At any time and from time to time,upon written request of Secured Party,and at the sole expense of Pledgor, Pledgor shall pramptly and duly execute and deliver any and all such further instruments and doeurnents and take such further action as may be necessary for Secured Party to obtain the full benefits of this Agreement and af the rights and powers herein gruited. 10.6 Severabilitv. If for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or effect those portions of this Ageement which are valid. 1(}.7 Notices. All notices and dernands which may be required or perrnitted to be given ta either party hereunder shall be in writing, and shall be delivered by hand or sent by linited States certified mail,postage prepaid,return receipt requested,or by Federal Express or other reputable overnight carrier,to such party's principal office address or at such other address as any party hereto may hereafter specify ta the ather in writing. Either party may,upan ten(10)days' prior � Liquor License Ptedge and Security Agreement(Lixi v2) 4B90-5947-9130.v I written notice to the other, substitute new persans and/or addresses to which a11 notices hereunder shall be directed. A Natice shalt be deerned given upon the earlier of actual receipt or refusal of delivery. 10.8 WAIVER OF 1URY TRIAL: PLEDGOR HEREBY IRREV4CABLY AND LTNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN AN'Y ACTION, SUIT 4R COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO THE GUARANTY(JR THIS AGREEMENT OR ANY OTHER DOCUMENT OR 1NSTRUMENT NOW OR HEREAFTER E:X.�CUTED AND DELIVERED IN CONNECTION THEREWITH. 1p.9 Section Titles. The Section titles contained in this Agreernent are and shall be without substantive meaning ar content of any kind whatsoever and are not a part of khe agreement between the parties hereto. 10.1 Q Caunterparts. This Agreernent may be executed in any number of counterparts,which shall, collectively and separately, constitute ane agreement. 10.11 Conflict of Terms. Except as otherwise explicitly provided in this Agreement,if any provision cantained in this Agreernent is in conflict with or inconsistent with any provision in the Guaranty,the provision contained in this Agreement sha11 govern and control,to the extent c�f such conflict or inconsistency. [Remainder of page intentionally left blank.] 8 Liquor License Pledge and Sec:wity Agreement(Lixi v2) 4890-5947-9130.v 1 IN WtTI�IESS WHEREOF,the parties hereto have caused this Pledge and Security Agreement to be duly executed as of the date first writ�en above. SEt;URED PARTY: SALEM FNE CENTS SAVINGS 8�{_ ,.. .�� ' c _�,''��—�'(�- �� $ . 7,�..�.�� . �....W _ .�_._ _ ... Y. W' ess Name: }�-tc., t`��°�-. }Jc.,��< < ' ...,_._.....� Its: s �P PLEDQqR: L1XI HOSPITALITSt"LEXINGTON FB MGT,INC. �y: Witness Name: Chris Bona Its: President and Treasurer Liquor Liccnsc PledSe�d Slcudty Agtcement(L'ai v2) IN WTTNESS WI�REbF,the parties l�ereto have caused this Pledge and Security Agrecment to be duly executed as of the da#e first written above. SECURED PARTY: SALEM FIVE CENTS SAVINGS BANK $Y= Witness Name: Its: PLEbGOR: IXl H05PITALITY LEXTNGTON FB MGfi,IIVC. B . • ' Wimess Name: Chcis Bono Its: President and Treasure�' Liqua Lioenae Pk.dge�md 5ecurity Ag�zzement(L'nci d2) AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Review and Approve Proposed Engraving for Ground-Mounted Granite Structure for LexSeeHer Monument PRESENTER: ITEM NUMBER: Jessie Steigerwald & Michelle MaiHuong Tran, LexS eeHer I.4 SUMMARY: Category:Decision-Making Jessie Steigerwald, LexSeeHer, will be at the meeting to provide an update on the LexSeeHer monument project. Please see attached memo in which LexSeeHer seeks Select Board input at the meeting on two key areas: • proposed inscriptions • preferred documentation of funds prior to ground-breaking SUGGESTED MOTION: Move to approve the inscriptions for the LexSeeHer Monument project and conf'irtning the funds meet the Select Board's required funding level. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 7:OOpm ATTACHMENTS: Description Type Ila;;�`�4°4°�Veb��ia;a�uua;st fa��'au0`r�b�s�r��su`p��na�ps�a,4�b ou�ua��g,fra.r�g,drcru.�¢i.. ❑ �"�rv��'C��i�;nri,, Y�%kFllP2Yd4,u:��.�fl'QYTYllCM1:". �i�' �4 ,r V��Y� . . �ll�IIIIVNFIPkd��ll!�karetld�il�^N�Il1l1lIFNPflfl� �IIII": " Mal<e Wcrmen Visibl� June 23, 2023 Dear Jim, Kelly, Joe, Jill, Suzie, Doug & Mark, This letter is to provide further updates on LexSeeHer's monument initiative, and to invite any questions you may have. The clay model is complete and will move to the foundry for casting in bronze. Photos are included herein for your information. In September we are scheduled to begin installation, starting with the granite plaza. The bronze sculptural element will be installed Spring of 2024. We seek your guidance on two key areas that are time-sensitive: • proposed inscriptions • preferred documentation of funds prior to ground-breaking. We are excited to continue making progress, and are glad to meet with you individually, in a Select Board meeting, or both. Inscriptions We would appreciate it if you would review the proposed inscriptions and let us know the appropriate process for final approval, whether through the Town Manager and Chair, a staff or Select Board designee, or as an agenda item on July 10th. We have been informed by Michael Bergmann that the company providing the granite would like to begin work on inscriptions as early as the week of July 12th, and quick approval would be helpful if possible. Please find additional information below, and thank you for your consideration. Jessie Steigerwald & Michelle Tran LexSeeHer, Inc. 1 Inscriptions: We request approval for inscriptions. As in the plans previously submitted, there are inscriptions in the center of the work, and on four pavers (Copy A, B, C, D, E and F): • ,yE G��E.rb,��, ��t ��m � ��r,�,� � , -� �i�� , � � ''� �Gw��li�� y �,, � y ��. p<� °'°��. u �' J�� ,,� i a � � � r i w . � � � e�4i � ` h � i ...� —'_ . ` .�ti F r / ., =" ... � \, � A � f ' . � 4�` ,I'� . `�.. ��, � �/ �� ' � \ ��I� / f ry �� / ii .'ifi. . m .... . .. f , �,��+�a ; , .... .... � /' � �` ,�� . , , / � `► A� �� , � , , . 1 � , .- „��.ro�, �� . 1 �� ,, ° ti . � .. .. I ' ��w ( I , � .. i� �''` `r! �� .... m�„��N�� ,� � ,�, »�� r �,„ , �,. r , , �u�r�,�� ,o� .... .... , , , � � % i , , , , , � .. , / �� . , � .. r� ,., , " ��y� .. .. , �>a <�; � , � .... .... �, � r / ,. , „ ,, �. — / , � ,, ,� l I � ('i ry PLAZA DETAIL LA U 5CALE'.1f2"<-1�,0" ii i ff 2 Detail of Copy E and F: v� �� , � r��u�� „"� `l; �`°�,,,; � �, � ,� � � , r" ,,iia;; � � �, �� ; �" ` , �� , � � � ,i �, �, ,�; �' � ,i„ �'�%��'�"e�%� � i a 'iiii�; %/ ��/ii�%//�'" �` �/�/� �iii��i/i �/ri��iii , �""�" �;, r /ii„�;i%%/�ii �ii%�ij%/%"d'"�%/��///%��%��i///��%%%%i%/ �iii i�� //��/iiiii i i�"//i//r�/�%/�// % �%i%�,// �� iii ;i�r ��i��j/i�� Z�%///��%%ii�� /ii/��%%/ ,,,��;,� / i,i�/i�/�i/��"%ii%/��i��/�/��/%ii�ii� ///i/ �%%%�� , „ , ',,, i/O/ /iiiii///� ��i/ �� /iii/ �i�/�%///� ��1%� � ,,�,,� �;,��i ii�/ii�//i ii�� iii%�� '�� ,.,,.,,,,,, , ii � �iii/rr�/� ii%/i ,��i iJl/%i��///i�� //� /�//��i/��//��i��j� �%//// /��/��,,�`'//��i��/�/��ji/.... / ��%/i��1� „, „, /iii�i��/.�j ��j" / ��/''� '� „; , „ r;;� %ii�/iiii��,i/�%;�� i��%/��/��i/�� i�,i�/%�� li� % //�i i�,/��//i��%�/�/�� i' ii � / �� / �� i%�//i%��j/ /�� /��j i/i�i/,/%��/,�//;� //�� %��- �ii///i%ii��i//��%��%/iij/��;��i��i%//%, /i�!�/ /��/ ,i �� //,%;��a��/!�� ///�/// �i i/�////�,�� //��/aii��/1��` .�///�j��/�� /i/��j.�/l�� m��.,.�, i/i ii��ji/%/�%��//��/�i��f�/��' � ,�-�i�i�� i i�/i �/� � , /��i%//i�i/��/��;��i///��r��/��/ �� i /� / �/ � /iii /��o i i� �/�� / �j�%/ � �/� //�' � / � � � ` � ��/ /// � �/��/�� / i �/;i/iii%�/ / ��/��/,� i�i��, i�/��„ i�i�� //� /�,/ '�/� /�/ �%///i��/ / // /� / � ';; /� /i � ��i /� ///�!�, � /f ,, !��r,�/� � �/ ��// �i�/,//��i.i% � � f, �-� �// // ,,,,,/%//,�;, ` �i% /� , �� /��//�, , ,�� ,,�/�,, /%,,,,%� � � ,� � �� /, � , ��,,o��ii ,/,�� /�,%,/ �,/,/,/, �� i� ; ii/,iyiii,�,��,/i� �� i ��/�ii/ � � ��ii��, ��f/� �� ,�/� //�� , �j�%%�j�%, ��/�//,i,� 1 � �� i , f/, ,// �� l i% / ; ,�� „i��i,, � i// �� , ,,,.;� i��i�/� // � /�/o � o, ; „!��%/j ,,,, / ��i�, s��f �/� ;��i�,,,,:/��r �ie o � / ,, „i,�:,//G , � � �/ ;%aa%i�iii;�;ii��' �/ ' � � / � ;; �/iii�i�i�a i��i � , � � � �%;��ii�� /; � �� fr ii;,�� r i , 1, r � �� / f � � � � �i �� i � � � �� l l ��,� � � � / / % � /, �� I � �II I ��f� At the center of the work, where visitors may position themselves among the women honored in the SOMETHING IS BEING DONE monument. These are shown on Site Plan at Copy E BOLD WOMEN MAKE HISTORY and Copy F in the center circular piece of granite: Four pavers (A, B, C, D) include inscriptions. These are symmetrically placed and can be seen in the site plan detail below (submitted to Town in January 2023): "SOMETHING MUST BE DONE" ABIGAIL HARRINGTON APRIL 19, 1775 FOR BOLD WOMEN PAST, PRESENT, AND FUTURE WHO PERSIST AND PURSUE LIBERTY 3 A GIFT FROM LEXSEEHER MADE POSSIBLE BY VISIONARY DONORS AND VOLUNTEERS The date could be engraved on site to reflect the final date SOMETHING IS BEING DONE of the unveiling ceremony. 2024 MEREDITH BERGMANN, ARTIST In addition, we will request inscribing the names of the women included in the monument in the outer rim of pavers. These are the women's names: Abigail Harrington Caroline Wellington Julia Robbins Barrett Cecilia Payne-Gaposchkin Eliza Follen Mary Elizabeth Miles Ellen Adelia Stone, Sylvia Ferrell-Jones Bibb Jr. Ruth Morey Peggy Kimball Marge Battin Janet Hass Margaret Tulip Ruth Buckman Anna Harrington Phebe Banister Burdoo Sally Harkness Cate Chester Permit Process LexSeeHer and Burgeon and Flourish collaborated to submit plans to the Town in March and April for what we thought would be the start of a permitting process. By April 5th, we learned through Town staff that the Town's permit process is not designed to cover or anticipate a monument like "Something Is Being Done." However, it was agreed by all that it is beneficial to have the town's expert staff review all plans and share feedback. LexSeeHer wants to make sure you are all aware of this, and hope you can let us know if there are any questions you personally have about any aspect of the project before Phase 1 begins. 4 Documentation of Available Funds LexSeeHer agreed to have 100% of the required budget funds on hand before breaking ground. In addition, we agreed to raise enough money to have a 10°/o contingency fund on hand, and an additional $10,000 that will be a gift to the Town to establish a maintenance fund. We are on target to do this. Senator Cindy Friedman has secured $75,000 in the Senate's budget for the monument. We would like to know: 1. How would you like this to be documented? 2. To satisfy the 10% contingency amount, given that we have now paid down about '/3 of the total project cost, would you accept a contingency of 10% of the remaining cost ($31,145), or would you request 10% of the total budget ($45,585)? Budget Summary LexSeeHer has secured the full funding requested by the Town. When we met with you in July 2022, the total budget was $284,837. It escalated to $455,847.44. The above table details the items required by the Town. To date, LexSeeHer has made a series of payments to Burgeon and Flourish totalling $144,397.94. Therefore, the total amount that will be owed to Burgeon and Flourish as they meet the remaining milestones is $311,449.50. Total Project Fabrication + Installation Expenses as of 6.23.23 I Total as of 6.23.23 $455,847.44 I Town required 10% $45,585 contingency ' IMaintenance Fund $10,000 I I TotaL• $511,432.18 I I Payments expended: $144,397.94 I I Bu geon & Flou�sh: �� Add 10% contingency and $10,000 maintenance: LexSeeHer has secured funds to cover this and the additional Town requirements of a 10% contingency and the $10,000 gift to Lexington to establish a maintenance fund for the monument. 5 Notes on Town input and connectivity Since the Select Board approved the monument design in July 2022, LexSeeHer and the Town have worked to move the project forward: • Met with Jim Malloy, Town Manager, following the Select Board vote, and included Jim on the invitation list to view model at different stages. Jim designated David Pinsonneault, Director of the Department of Public Works, for our primary contact, and we have worked with David on logistics, timing, safety, materials, and more. • David Pinsonneault visited the studio to review model in early clay stage. Recommended equipment used by the Town to check playground equipment. Burgeon & Flourish purchased the equipment to work with during the creation of the model. • Worked with David Pinsonneault to discuss granite and to review samples in person, and photographs of granite blocks from quarry. • Met with David to discuss timing of installation for granite plaza in fall 2023, and project completion for May 2024. • Submitted plans to the Town for permitting (Winter 2023). • Met with Jim Kelly (Building Commissioner) and Marc Valenti (DPW Manager of Operations) to review plan submission. LexSeeHer learned that under the Town's by-laws the project does not fit under the categories for building permits. However, we thought it made sense to provide the Town with the project materials so that any interested Town staff could review the project and share questions, feedback, or concerns. • Sandyha Ihar, Town's Economic Development Coordinator, visited the studio in early spring 2023, and met with LexSeeHer in June to discuss events connected to monument (groundbreaking, ribbon cutting for plaza, and unveiling ceremony framework). • LexSeeHer met with Superintendent Julie Hackett to discuss logistics for timing the Unveiling Ceremony to connect with school students. • Submitted a proposal for lighting to the Historic Districts Commission ("HDC"). This process engages town staff who can ask questions and provide feedback. The HDC granted a Certificate of Appropriateness for lighting in June 2023. • We have invited all five Select Board members at three stages of the model creation, beginning last fall. Three members have visited in person: Doug Lucente, Mark Sandeen, and Jill Hai. David Pinsonneault returned on Friday (June 16) to review the clay model at completion. And Jill Hai and Kelly Axtell, Deputy Town Manager, visited Tuesday (June 20)for a similar review and shared helpful feedback on inscriptions, which have now been incorporated [the changes are being drawn up by the designer and can be forwarded to you next week if desired]. 6 Timing As a general overview, the plan we have coordinated after discussions with David Pinsonneault and Sandyha Ihar includes some key project and event dates: • Sat. August 26, 3:00 p.m. - Ceremonial Groundbreaking will be combined with the 2023 Spinning Tableau. We hope you will save the date and join in this event! • Mid-September- Phase 1 groundbreaking for installation of granite plaza. Date to be determined by David Pinsonneault with Burgeon & Flourish. Work to begin after the annual Arts & Crafts Fair. • October- Phase 1 completed, Plaza Ribbon Cutting. • April 2024 (after Patriots Day)- Phase 2 begins. Bronze sculptural element installed. • May 15, 2024 - Unveiling Ceremony- Save the Date. . May 15-19 - "First Look" Festival - Five day series of free and special events to welcome people for their first look at the monument. Two-Phase Installation / Background (Granite plaza + Bronze sculpture) While Burgeon and Flourish oversee work at the foundry, LexSeeHer is working with David Pinsonneault to arrange completion of Phase 1 and Phase 2 of the project. Timing the plaza installation as a separate phase for fall 2023 provides several benefits, including: (a) the area can be re-seeded and ready for Patriots Day 2024. (b) cost increases on the granite plaza will end once that part of the project is complete. {Costs continued to escalate in 2023.} (c) disruption to the area in spring 2024 is minimized because the only work that remains is installation of the bronze monument (and any signage, should signage be approved between now and spring 2024). 7 Images: from 2022 sketches to 2023 clay model Meredith Bergmann's sketch -as approved by Select Board July 2022 - South Facing Side i � � �� """�f �� fi � rl'�� V '' /f C�i,ti:M p��- KFR:'.:� tt N.�I �,: �h�� \ n� l / + � � � �� \ �Y�F� ��, ` � \ � \ \ f � V ` � /' 4 �r� � � ..._ ..... ......... _......... ......... .......� � �t_�t /.�,...,:�.. , ... `ti .._.t., ......... � .��, , �... � ) . ,.. �� '. . . . �.. � �� , . , � � C" )'�' � ',g- � I I � �h�� ... �/,�,,i ��._� �v..� t��"��/'�x..44'? ��i, �lw ��.,� � � ` ,,,,� w.�Yry�^� 1 " i. �y��J/ � ,. , . ,, y� "'. .,,� ' 1�� ,�"\ � II.: f� ��t 1 ' l ,. � �•.-.4 qi I �.��\ �Y 4��A , � / ��F �... � ��% Y. 4� F/ ✓ ) �J(��IW � 4 F I \l, ` '/; ��!f�Y ��N�l 1} ,..,. \ �I..IYf�ll,f \ �� 7 ��--cr_ I f � M/ � ..� .{ � �'! i,., � ( 7, . @ K��1z �� ,'� (� I A � f + f P�,d � �� / ��j`/ .,y\� '.� �w,,^�r C� \�/,��11✓l �J,d.4 �(��~�\\\ �...:� -'_ n i �! / � � � � �� 1 �� /r+, �° � ` ::\\ i�� i / � � � � 4�� I d i � � �� w,� � �_-� \ �f�. ` r Y�,I �,.,, �,/'�� .��`�"`'_'� t ti7_.i (1 } rwd� ��j 'f)r � � `�;� �..��'i (� 1�' �-'�� 1 , j /�. �� i F � r�.,..,Y,� . 1l .;`�, .y V �\ I . �<< � ,� ,% ;��• '� A" ��\A`,.. �� j � �f ,-r�(`� i�� .m��' � fri�v``` ��a*+� � �, �� •s a \�y � � � ��al, �� M , � '�A `�� / � F � � � \ / ,� � � /� �j f r,r� ��"� '�/(,.,� �`�{.w ,�1°'� j l�l� "1 � � \�� X,5 y ~� �� lr �'�✓ V /F` I �i�k�'>` '��` /� �� ' ,f�1`.- i � `� ��.. 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These procedures govern the selection of designers for any municipality or local public agency building project subject to the state designer selection law, M.G.L. c. 7C, §§ 44- 57. Any other local law governing the procurement of services will be inapplicable to these procurements. 2. The Select Board("Approving Body")has the authority to conduct the designer selection process for the Awarding Authority. The Approving Body hereby delegates its authority to the Town Manager to act on its behalf and may delegate any other duties described herein to the extent such delegation is permissible by law. 3. The Approving Body shall designate the individual or group of individuals (hereinafter referred to as "the Committee") who will conduct the designer selection process for each project. No member of the Committee shall participate in the selection of a designer for any project if the member, or any of the member's immediate family: a. has a direct or indirect financial interest in the award of the design contract to any applicant; b. is currently employed by, or is a consultant to or under contract to, any applicant; c. is negotiating or has an arrangement concerning future employment or contracting with any applicant; or d. has an ownership interest in, or is an officer or director of, any applicant. 4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be advertised in a newspaper of general circulation in the locality of the building project, in the Cent�al Register published by the Secretary of the Commonwealth, and in any other place required by the Approving Body, at least two weeks before the deadline for filing applications. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 5. The advertisement shall contain the following information: a. a description of the project, including the specific designer seivices sought, the time period within which the project is to be completed, and, if available, the estimated consti�uction cost; b. if there is a program for the building project, a statement of when and where the program will be available for inspection by applicants; c. when and where a briefing session (if any) will be held; d. the quali�'ications required of applicants; e. the categories of designers' consultants, if any, for which applicants must list names of consultants they may use; f. whether the fee has been set or will be negotiated; if the fee has been set, the amount of the fee must be listed in the advertisement; g. when and where the RFQ can be obtained and the applications must be delivered. 6. The RFQ shall include the current "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction," which is available for download from the Massachusetts Designer Selection Board website at Prc�cedu��s fo� IVIun��l�ti�s ��d Publi�A��n�i�s r��t vv��hi�I)S� Jurisdi�ti�n, The Application Form may be amended to include additional information on a project-specific basis. 7. The Committee shall evaluate applicants based on the following criteria: a. prior similar experience; b. past performance on public and private projects; c. financial stability; d. identity and qualifications of the consultants who will work with the applicants on the project; and e. any other criteria that the Committee considers relevant to the project. 8. The Committee shall select at least three finalists. Finalists may be required to appear for an interview or provide additiona] information to the Committee, provided that all finalists are afforded an equal opportunity to do so. If fewer than three responses are received, the Committee will treat all responses as finalists and may require each finalist to appear for an interview or provide additional information to the Committee,provided that a]] finalists are afforded an equa] opportunity to do so. 9. The Cominittee shall rank the finalists in order of quali�cation and make a recominendation of award to the Approving Body. No person or firm, including applicants' listed consultants, debarred pursuant to M.G.L. c. 149, § 44C, shall be included as a finalist on the list. The list must be accompanied by a written explanation of the reasons for selection including the recorded vote, if any. The written explanation and recorded vote, if any, shall be public records and shall be maintained in the contract file. 10. If the fee was set prior to the selection process, the Approving Body shall select a designer from the list of�inalists. If the Approving Body selects a designer other than the one ranked first by the Committee, the Approving Body shall file a written justification far the selection with the Committee and maintain a copy in the contract�ile. 1 L If the fee is to be negotiated, the Approving Body shall review the list of finalists and may exclude any designer from the list if a written explanation of the exclusion is filed with the Committee and maintained in the contract file. The Approving Body shall request a fee proposal from the first ranked designer remaining on the list and begin contract negotiations. If the Approving Body is unable to negotiate a satisfactory fee with the first ranked designer within thirty(30) days, negotiations shall be terminated and undertaken with the remaining designers, one at a time, in the order in which they were ranked by the Cormnittee until agreement is reached. In no event may a fee be negotiated which is higher than the maximuln fee set by the Approving Body prior to selection of finalists. 12. If the designer's fee is negotiated, the designer shall file a truth-in-negotiations certificate prior to being awarded the contract by the Approving Body, which must be incorporated into the contract. The certificate shall contain: a. a statement that the wage rates and other costs used to support the designer's compensation are accurate, complete and current at the time of contracting; and b. an agreement that the original contract price and any additions to the contract may be adjusted within one (1) year of completion of the contract to exclude any significant amouiits if the Awarding Authority determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs. 13. If the Approving Body is unable to negotiate a satisfactory fee with any of the finalists, the Approving Body shall recommend that the Committee select additional finalists. 14. The Approving Authority may allow a designer who conducted a feasibility study to continue with the design of a project. However, the Approving Authority may commission, at its discretion, an independent review, by a knowledgeable and coinpetent individual or business doing such work, of the feasibility of the designer's work to insure its reasonableness and its adequacy before allowing the designer to continue on the project,pNovided the Approving Authority otherwise camplies with the statutory requirements for selecting a designer under Chapter 7C of the General Laws, including those set forth in M.G.L. c. 7C, § 54(a)(i). 15. Every contract for design services shall include the following: a. certification that the designer or construction manager has not given, offered, or agreed to give any person, corporation, or other entity any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of the contract for design services; b. certification that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager; c. certification that no person, corporation, or other entity, other than a bona-fide full-time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and d. certification that the designer has internal accounting controls as required by M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an audited financial statement as required by M.G.L. c. 30, § 39R(d). All fees shall be stated in design contracts, and in any subsequent amendments thereto, as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services. 16. The Awarding Authority shall not enter into a contract for design services unless the Awarding Authority or the designer has obtained professional liability insurance covering negligent errors, omissions, and acts of the designer or of any person or business entity for whose performance the designer is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal the lesser of one million dollars or ten percent of the project's estimated cost of construction, or such larger amounts as the Awarding Authority may require, for the applicable period of limitations. A designer required by the Awarding Authority to obtain all or a portion of such insurance coverage at its own expense shall furnish a certificate or certificates of insurance coverage to the Awarding Authority prior to the award of the contract. 17. Every contract for design services shall include a provision that the designer or its consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the individual responsible for administering the design contract. 18. In the event of an emergency that precludes the normal use of these designer selection procedures, the Approving Body may elect to authorize expedited procedures to address the emergency. The Approving Body shall document in writing the reasons for the emergency declaration, the proposed scope of worlc, the estimated cost of construction, the established fee for the needed design services, and any other relevant information. The Approving Body may select three fmalists from any standing list of designers who have applied for projects of a similar nature, or may otherwise select three designers to be considered as finalists for the project. The Approving Body shall rank the finalists in order of qualification and select the designer far the emergency work. 19. The Awarding Authority shall publish the name of any designer awarded a contract in the Cent�al Register. 20. The following records shall be kept by the Awarding Authority: a. all information supplied by or obtained about each applicant; b. all actions talcen relating to the project; and c. any other records related to designer selection. All records shall be available for inspection by the state Designer Selection Board and other authorized agencies. 21. The Awarding Authority shall evaluate designers'performance on contracts using the Designer Selection Board evaluation form(s) in accordance with M.G.L. c. 7C, § 48(h), and file completed evaluations with the Board and any other agency named in M.G.L. c. 7C, § 48(h). 22. Nothing in these Procedures shall be interpreted to require the establishment of a board or waive or reduce the requirements of any other applicable law or regulation. 23. For any municipal design or construction project that includes funding provided by the Commontiveczlth, in whole or in pa�t(such as reimbursements, grants and the like), cities and towns must incorporate minority-owned business enterprise and women-owned business enterprise participation goals. If applicable, the Awarding Authority shall take steps to assure that it complies with all Su��1��i L)i��rsity (�f��requirements. yf� MCFAIryJ 4' m7�5 �'a� ........— � � .... v ;� � a ,� Q.� � � �n` nrem�r,r {t.. �9��d.�o�t:.r`' Town of Lexington Comptroller's Office Purchasing Elizabeth Mancini,Purchasing Director TeL (781) 698-4628 emancini��lexin onma. o�v Fax: (781) 861-2794 Town of Lexington Desi�ner Selection Procedures 1. These procedures govern the selection of designers for any municipality or local public agency builcling project subject to the state designer selection law, M.G.L. c. 7C, §§ 44- 57. � ��u;�� m��uuu;��i��d�m�� d�r��....��mif rall�wll�V��r ��,�.11��wu�,u��y�� n�uu��uuum�lu�°;�..��ir if�q �.�u��b�q�w�il,,� �"��u w��,u��u��V�, u��i�u�� . _��,��°�uu,��u��tld�� „� uu�� "��iutllfu��i�u�� .. . � � d l��^ I��,'N t� �� I��,u d,u l III��u � � ,�r. Any othaY � ir � ir��u�� tlu°d��. Om�,��..� .. local law governing the procurement of seivices will be inapplicable to these procurements. 2. The Select Board ("Approving Body") has the authority to conduct the designer selection process for the "� �u�� w,�� q ��n �'°�Awarding Authority'"y��, The Approving Body Y g Y ��°V ��w° ��,�� u,u,uud;,�u ��u �� w;��;�l.�mw��u �.�u��w,�w�m��..��-�...the Town hereb dele ates its authorit to �;,;d_�u u��d u��, Manager to act on its behalf and�� '�'��¢� any other duties described herein to the extent such delegation is permissible by law. 3. The��i��"�p��ll�u�� ;u ��r':�,�� u ,�:u��° shall designate the individual or group of individuals (hereinafter�referred to as "the r^ q ��tl u n,�d u��u a ��i��a;n�i ai l�u�") who will �� `.... ... . conduct the designer selection process for each project. No member of the � �ir�iri��°"�u��i��il u u�u� �.�u�d�ii u�,�-shall participate in the selection of a designer for any project if the member, or any of the member's immediate family: a. has a direct or indirect financial interest in the award of the design contract to any applicant; b. is currently employed by, or is a consultant to or under contract to, any applicant; c. is negotiating or has an arrangement concerning future employment or contracting with any applicant; or d. has an ownership interest in, or is an officer ar director of, any applicant. 4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be advertised in a newspaper of general circulation in the locality of the building project, in the Central Register published by the Secretary of the Commonwealth, and in any other � place required by the � .. ....� .... ' .... � .... �'�'q7�'��;��If 4 n�° ;?'�i II��.IF��1i�".��.�Il�o at least two weelcs before the deadline for filing applications. 5. The advertisement shall contain the following information: a. a description of the project, including the specific designer services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost; b. if there is a program for the building project, a statement of when and where the program will be available for inspection by applicants; c. when and where a briefing session (if any)will be held; d. the qualifications required of applicants; e. the categories of designer's consultants, if any, for which applicants must list names of consultants they may use; f. whether the fee has been set or will be negotiated; if the fee has been set, the amount of the fee must be listed in the advertisement; g. when and where the RFQ can Ue obtained and the applications must be delivered. 6. The RFQ shall include the current "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction," which is available far download from the Massachusetts Designer Selection Board website at Procedures for Munici�alities and Public Agencies not within DSB Jurisdiction. The Application Fonn may be amended to include additional information on a project-specific basis. 7. The�III�,��,,�u ��u��V�� u�_�u��.m shall evaluate applicants based on the following criteria: a. prior similar experience; b. past performance on public and private projects; c. financial stability; d. identity and qualifications of the consultants who will work with the applicants on the project; and e. any other criteria that the��wr.��A u�.�i[u,�� .��;��.u�;;�� considers relevant to the proj ect. �@� �� u��w��i��u�� shall select at least three finalists. Finalists may be 8. T e c�virrrrncccc ,,,��rd u �I II��. . required to appear for an interview or provide additional information to the ��III ��q�i„��u�.��,�;��u��uu�'�,provided that all finalists are afforded an equal opportunity to do sa If fewer than three responses are received, the,�`'�^�r��°�r u.q��ai ��u��u�u ��u°d��ai��will treat all responses as finalists and may require each finalist to appear for an intervie w or � provide additional information to the �"^��**��I�,��u�u�i,��tlud��u� ��,��°�,�u��,provided that all finalists are afforded an equal opportunity to do so. 9. The�� ,tir��V�i��p ��:�u ull�� shall rank the finalists in order of qualification and make a recommendation of award to the�e�r��II°��;��"� u�n��°� �,�°�� `4 �� ;u��,�u� �.,^�. No person or firm, including applicants' listed consultants, debarred pursuant to M.G.L. c. 149, § 44C, shall be included as a finalist on the list. The list must be accompanied by a written explanation of the reasons for selection including the recorded vote, if any. The written explanation and recorded vote, if any, shall be public records and shall be maintained in the contract file. lO. Ifthefeewassetpriortotheselectionprocess, the ^��-�� '�^�'� ��p��wU�r�i�a�� l��,r"�„b .. .. . �� ;�;i��i�u�� shall select a designer from the list of finalists. If the��a��er�i� � "w��p��,�w��u��; 1��q��„' � �If� �u,��+ �;,°, selects a designer other than the one ranked first by the � �u��ilud��mu �.��m�d��iu�;m, the�� "�Il��;�uu��=u��" ��v��"�Mr ., �.��.�u�,!�uu�� shall file a � � ��.�.q .. � written justification for the selection with the '"��** � ��w��i��u�,��n ��u��p�i�,�;„�� and maintain a copy in the contract file. 11. If the fee is to be negotiated, the��r.�.r�-�e�'��u��u��uuu,��, l��_��.N�„ � �.��w^,u��,uu�w��.� shall review the list of finalists and may exclude any designer from the list if a written explanation of the exclusion is filed with the�� ,lu��d..�..��.:.�.�:n.....��...�..�..�..�:��i��:��:��!!�� and maintained in the contract file. The��rt�-�ec�'��m�ruu��, ��I�„w��'� �fl� „u;��,uu�;;��:� shall request a fee proposal from the first ranked designer remaining on the list and begin � contract negotiations. If the "°��-^�� '� � ��p;ul�.��i�;�� 1��a`� ✓ �� r�l�� u�u,�u� ��; is unable to negotiate a satisfactory fee with the first ranked designer within thirty (30) days, negotiations shall be tei-minated and undertaken with the remaining designers, one at a � � r,.w,��,.** l�, �� ;�i��i;��until time, ln the order in which they were ranked by the��-trrrrrrr�� r°��i� ��i�� agreement is reached. In no event inay a fee be negotiated which is higher than the y �-' � t�l�e� � � �, ' � " �u u r,�,�,pi�or to selection � ,u�,,uuu � @;;,,��➢ � u�..�➢� ,u �� maximum ee set t e re�r� ��u°�,° of finalists. 12. If the designer's fee is negotiated, the designer shall file a truth-in-negotiations certificate � prior to being awarded the contract by the�r��eFi��,��,��u��n�w, �a,��ll,r �w �'l,��w�n��w�u��,�, which must be incorporated into the contract. The certificate shall contain: a. a statement that the wage rates and other costs used to support the designer's compensation are accurate, complete and current at the time of contracting; and b. an agreement that the original contract price and any additions to the contract may be adjusted within one (1)year of completion of the contract to exclude any significant amounts if the Awarding Authority determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs. 13. If the ��i�-��.��.�u°�;;,��ru�� '��a.fl �'.� �� u��,��^�,^ is unable to negotiate a satisfactory fee with any of the finalists, the �4��—�e�,�,�.��.�u�w��ru u u�� r';„ „,��w.�u�,u u,��w°�w� shall . . recommend that the '�`^��i��l�,�r�u��iairuV ii��u�ii � �u��p�i�w�� select additional finalists. 14. The f4��,"��r��ui��up,Authority may allow a designer who conducted a feasibility study to continue with the design of a proj ect. However, the A��u�u°r�Y,u u u��;��Authority may commission, at its discretion, an independent review, by a knowledgeable and competent individual or business doing such wark, of the feasibility of the designer's work to insure its reasonableness and its adequacy befare allowing the designer to � continue on the project,provided the � ��r��°��u��;Authority otherwise complies with the statutory requirements for selecting a designer under Chapter 7C of the General Laws, including those set forth in M.G.L. c. 7C, § 54(a)(i). 15. Every contract for design services shall include the following: a. certification that the designer or construction manager has not given, offered, or agreed to give any person, corporation, or other entity any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of the contract for design services; b. certification that no consultant to, or subconttactor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction lnanager; c. certification that no person, corporation, or other entity, other than a bona-fide full-time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entiry be paid a fee or other consideration contingent upon the award of the contract to the designer; and d. certification that the designer has internal accounting controls as required by M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an audited financial statement as required by M.G.L. c. 30, § 39R(d). All fees shall be stated in design contracts, and in any subsequent amendments thereto, as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services. 16. The Awarding Authority shall not enter into a contract for design services unless the Awarding Authority or the designer has obtained professionalliability insurance covering negligent et-�ots, omissions, and acts of the designet ot of any person or business entity for whose performance the designer is legally liable arising out of the performance of the contract. The total ainount of such insurance shall at a minimum equal the lesser of one million dollars or ten percent of the project's estimated cost of construction, or such larger amounts as the Awarding Authority may require, for the applicable period of limitations. A designer required by the Awarding Authority to obtain all or a portion of such insurance coverage at its own expense shall furnish a certificate or certificates of insurance coverage to the Awarding Authority prior to the award of the contract. 17. Every contract for design services shall include a provision that the designer or its consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the individual responsible for administering the design contract. 18. In the event of an emergency that precludes the normal use of these designer selection procedures, the�r�- ��,;;,�� v�W;��,r µ. ��w��,�u��ww^�w^�lnayelecttoauthorize ,�� uu�� expeditedprocedures to address the emergency. The Pr��e�-�e��:ll��.��" ��""��.��'��'�"��u� ��m;u,��u�� shall document in writing the reasons for the emergency declaration, the proposed scope of wark, the estimated cost of construction, the established fee for the needed design services, and any other relevant information. � p � , � ��w�ud;:�;w may select three finalists from any T e nrr,-,..,;ri,.� ., � ��u��ruuu �, q��w:��r � �..� standing list of designers who have applied for projects of a similar nature, or may otherwise select three designers to be considered as finalists for the project. The � �� "�II��ll�iii��"�'��', �°"�u�+r '��Y �� "�;9 u�� shall rank the finalists in order of qualification and select the designer for the emergency work. 19. The Awarding Authority shall publish the name of any designer awarded a contract in the Central Register. 20. The following records shall be kept by the Awarding Authority: a. all information supplied by or obtained about each applicant; b. all actions talcen relating to the proj ect; and c. any other recards related to designer selection. All records shall be available for inspection by the state Designer Selection Board and other authorized agencies. 21. The Awarding Authority shall evaluate designers'performance on contracts using the Designer Selection Board evaluation form(s)in accordance with M.G.L. c. 7C, § 48(h), and file completed evaluations with the Board and any other agency named in M.G.L. c. 7C, § 48(h). 22. Nothing in these Procedures shall be interpreted to require the establishment of a board or waive or reduce the requirements of any other applicable law or regulation. 23. For any municipal design or construction proj ect that includes funding pv�ovided by the Commonwealth, in whode or in part(such as reimbursements, grants and the lilce), cities and towns must incorporate minority-owned business enterprise and women-owned business enterprise participation goals. If applicable, the Awarding Authority shall take steps to assure that it complies with all Supplier Diversity Office requirements. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update From Chief Equity Officer ITEM PRESENTER: NUMBER: Hemali Shah, Chief Equity Ofticer I.6 SUMMARY: Category: Informing Chief Equity Officer, Hemali Shah, will give an update on what she has been working in the first 6 months in the role. She will also provide the S elect Board a preview of what is upcoming over the next year. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 725pm ATTACHMENTS: Description Type ❑ IF3qav�,YQq�c;c;�3.c,u�icr��n;rrr�nic;s �:'�ra;Ikti��T CVII�ud�;�uar:1 V 1 U - � � C� � �A ° � O �� 0 V W N QO � W � � O O \ N /� O ]..L W � � m � � c=> a � m � � � W � e� m e�+I � � I��G� � t.t.. C:a hJ ^ � IN / 1 1 � � W `J 0 m ti m � .� o a r N m �� c'.'� i':'s i� o °r..a e_i o � r.:i ci r'� c:i r...a ci ca r.:a r,. w i.n � cvr ev ,-+ � o I.['4 ��s ."? � � � H H � �� I.<1 Y"* e�0 tLY V /\�� /1 � �� ., „ ., , ., � I /� � I \�// � I P/7 rruuA//A ..,.uruuA/eA. . ruuA/e/An..,,,,. //An..,,,,.,uru�//A ..,.uruuA/eA.,,.rruuA/e/An.. C".'� CJ ¢.R C�+I �/�/ �;7 I�GR � f^J \ � N � M �� rruua/e/An..,,,,.,uruua/e/An..,,,.,uruua/eA.l,,,,.,uruua/e/An..,I .... I.A4 � e�9 K} 0 h � H M �� ,.,. � CtP CX! H 0 O O �o �o C:� C,:') ('.::) Q Q Y..:.1 G C,:',1 ('.::) Q Q C3 tf`V C> Lft C:'� i.!} O L!"! C'> Lft C:'� t!} �;;.t '��" f+9 ttt f�d f^J .....I v-1 N �� QJ � Lfl � M pl � O � a � b -p � �- r.::. �-+ m _P° � ....... m �? `�� O F:: @ u fw. s �" � C5 � 0 t�D K.'.'. � Qb .� � o-ns o.�'.I; h� W N Q) � K.$ R5 Y.. !Y% W� o 'F�-'-'x' O o C Q� RY :.* Y� ',� �o C ..... ....... K;', O � � O � 45 � PY"! (- CJ V � � �u� � hJ � � �� I� � � W C:: RS t.Y � N IIII � lGG C.Y d � � `.,/' Y.. V t� �:l � � ns c.z.. o "� � n � ai � � c ro Cz. F::: W �� .,,.,,��uuaiiAn..,,,,.,,��uuaiiA/an..,I,.,,��uuai:�.,,,,.,,��uuaiiA/an..,,,.,,��uuaiiAn..,,,,.,,��:i ,. � � � � P h C::k C7 C� Q ('� C:J C:Y f7 K:;i C> C:::Y C:::Y f.:1 f..:1 i.:'1 (.:.A C:.7 f.:.7 f.:.> f.:.'J Cf5 fX} r•.. SCF >..(1 �;Y ('�"i hS v...p a N � �, M � � r� 0 � � � � .� � �� n � r uuR a� � a.. � � / � � 0 N v�i C:'7 N � P�d � W N C5 Y;"I r.") f:::i c.:A (.."➢ O Y;") f';) f:::} t:J G5 C:1 CJ 6 ..("".a a..:> G5 C.'Y C? G? 0 C3 SSt fX} C'*. tS5 I.f} •;:h M fV e-i N 0 m M �, M � � r� a m � � � � n � r uuR a� � a.. � � � 0 m ri vi C:'7 N � P�d � M � C5 Y;"I C.`) t.:Y C::A (.."➢ O Y;") C.`) t.:Y CJ G5 C:J CJ 0 ..("".a d..:k G5 t.:') CJ 6 0 C3 SSt CX) C'*. tS5 I.f} •;:P M C•d e-i N 0 � ti �, � � � u �„ � 0 a � � 0 �� vyJ �A •� ' � � (II� H ti � � � I� � O � � � � � i � o N � •� � � � o M � � i � � C..Y C.'A f...:Y Y.3 l.:.1 P.:;) C� C:7 (J C} f..:k t::.'] f.:.7 � f`�d C1 0f5 .O ct P"J N N AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Update on Solar Canopy for Police Station Project PRESENTER: ITEM NUMBER: Mike Cronin, Director of Public F acilities I.7 SUMMARY: Category: Informing On 14 June the HDC voted to suppoi-t the continued design of Solar Canopy option 1, with the "Massachusetts Avenue" leg. This echoes the same support given by the Select Board on 12 June. The support was provided with a ca�eat to continue evaluating if there are options to break down the mass of the large solar field that spans over the parking through a design charrette with member(s) of the HDC. This decision allows the design team to continue the foundation layout that can support the canopy as the architectural design continues to be refined. The design team is meeting with the Structural Engineers on July 5 to pursue the foundation design so that pricing can be obtained and work on the foundations could initiate over the summer. An additional Community Design charrette is anticipated to discuss landscaping design specifically between the solar structure and the bike path. Tecton is continuing the overall design effort in anticipation of an agenda spot on the 3 August HDC hearulg. SUGGESTED MOTION: No motion requued, this is an update. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 7:40pm AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Review and Approve Fiscal Year 2023 Year-End Transfers PRESENTER: ITEM NUMBER: Carolyn Kosnoff, Assistant Town Manager for Finance I.8 SUMMARY: Category:Decision-Making Carolyn Kosnoff,Assi.�tant Town Manager for Finance will be presenting four requests for year-end budget transfers that will realign the Town's FY2023 budget with projected expenses. These transfers are allowable by Massachusetts General Law to adjust the budget previously voted by Town Meeting. This year's request includes two interdepartmental End ofYear transfers, one Salary Reserve request, and one increase to a Revolving Fund limit. A summary of the transfers and individual request forms are attached. SUGGESTED MOTION: Move to approve the two interdepartmental End-of-Year transfers, one Salary Reserve transfer and one Revolving Fund limit increase as presented in the attached forms. FOLLOW UP: Select Board chair to sign requests. These items willbe presented to the Appropriation Committee on Tuesday, July llth. DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 7:SOpm ATTACHMENTS: Description Type d ]��'?4�T31F�i�la.��'�a.n��3a��l�;�t E�c�pu�,udru�n.0� 1F�udV�na�,bl��ru��i4fl¢uu��bt Summary of Requested FY2023 End-of-Year Budget Adjustments Salary EOY Reserve Revolving Total Department Adjustment Transfer Fund Fund Adjustment Health Department $0 $0 $0 $10,000 $10,000 Police Department $187,000 $0 $0 $0 $187,000 Select Board $0 $13,000 $0 $0 $13,000 Town Manager $0 $12,800 $0 $0 $12,800 $187,000 $25,800 $0 $10,000 $222,800 ,5 MORkNC °�e{ �� Town of Lexington • <r '�.ti � �� ;�� 3 � � AlNRIY � �'°�11VtHC�. TO: Appropriation Committee & Select Board SUBJECT: Request for End of Year Transfer between Departmental Line-Items Request is hereby made for the following transfer between line-items as appropriated via a vote of Annual Town Meeting, in accordance with M.G.L. Chapter 44, Section 33B,paragraph (b), as amended by the Municipal Modernization Act. 1. Amount requested: $12,800.00 2. To be transferred to: Property& Liability Insurance 11915002-520000 Account Name Account Number 3. To be transferred from: Town Manager- Professional Services 11123002-53000 Account Name Account Number 4. Present balance in Appropriation: $23,289.00 5. Explanation for purpose of transfer: The Town has acquired a Builder's Risk insurance policy for Town buildings that are under construction including the Police Station and Westview Cemetery building. This expense was not included in the original FY2023 budget and was not fully covered by the current year budget adjustmern approved at the 2023 Annual Town Meeting. An additional$12,800 is needed to cover the policy premium. Kelly Axtell Department Head Action of Select Board: Date Approved Disapproved Transfer voted in the sum of: $12,800.00 Chair, Select Board Action of Appropriation Committee: Date Approved Disapproved Transfer voted in the sum o£ $12,800.00 Chair,Appropriation Committee ALLBudgetTransfers YE_FY2023_7.723 FY2023 �s,�aoaroac �°j� �O*"'�: • ��,, � ��. Town of Lexzngton • ; r�.� 1 �t y AMRI¢'" �"�:��X11gC��[U�'�e TO: Appropriation Committee & Select Board SUBJECT: Request for End of Year Transfer between Departmental Line-Items Request is hereby made for the following transfer between line-items as appropriated via a vote of Annual Town Meeting, in accordance with M.G.L. Chapter 44, Section 33B,paragraph (b), as amended by the Municipal Modernization Act. 1. Amount requested: $13,000.00 2. To be transferred to: PEG Access - Lexmedia Contract Serv. 11126002-520000 Account Name Account Number 3. To be transferred from: Select Board- Contractual Services 11122002-520000 Account Name Account Number 4. Present balance in Appropriation: $19,825.00 5. Explanation for purpose of transfer: The PEG Access account has occurred more expense than anticipated in the FY2023 budget inlcuding an increase in rental expense for Kline Hall and legal services expense to negotiate new agreements with cable providers. A transfer from the Select Board's Contractual Service account will cover these additional expenses for FY2023. Kim Katzenback Select Board Clerk Action of Select Board: Date Approved Disapproved Transfer voted in the sum of: $13,000.00 Chair, Select Board Action of Appropriation Committee: Date Approved Disapproved Transfer voted in the sum of: $13,000.00 Chair,Appropriation Committee ALLBudgetTransfers YE_FY2023_7.723 FY2023 ,y"Mo9M N��s P� d5,, ��' f �;� Town of Lexington � I; � C "��.�Ifi�.�"?c,�' TO: Select Board SUBJECT: Request for Transfer from Salary Transfer Account Request is hereby made for the following transfer from the Salary Transfer Account as appropriated via vote of Annual Town Meeting: 1. Amount requested: $187,000.00 2. To be transferred to: Police- Regular Wages 11210001-511000 Account Name Account Number 3. Explanation for purpose of transfer: During fiscal year 2023 the Town reached collective bargaining agreements with Police Department unions,including Patrol and Dispatch unions for fiscal years 2022 and 2023, and Police Superiors and Crossing Guards for fiscal year 2023. Salary increases for these contracts were not included in the voted Police Department budget, and therefore retro payments for prior and current year are eligible to be covered by a transfer from the Town Manager's Salary Reserve Account. Patrol and Dispatch units are now settled through FY2026 and Police Superiors and Crossing Guards are settled through FY2025. The Town's Salary Reserve account has a balance of$907,759 which is adequate to cover this transfer. Chief Michael McLean Department Head Action of Select Board: Date Approved Disapproved Transfer voted in the suln of: $187,000.00 Chair, Select Board ALLBudgetTransfers YE_FY2023_7.723 FY2023 J`�'�GRW�'yz'aW'. fY4PJ✓ r �A': �a,� � Town of Lexington ' - • • � 3 � �m IY", '� ��x�m��g?;` TO: Appropriation Committee& Select Board SUBJECT: Request for Increase of Authorization of Departmental Revolving Funds Request is hereby made for an increase in the authorization of a Depart�nental Revolving Fund authorized via vote of Annual Town Meeting in accordance with MGL, Chapter 44, section 53E�/z. 1. Revolving Fund to be Increased: Health Revolving Fund 2. Original Authorization $45,000 3. Amount of Increase Requested $10,000 4. Revised Autharization $55,000 5. Explanation for purpose of authorization increase: The Health Department has recently expanded the Town's vaccine program to include all adult vaccines (in addition the existing flu vaccine program). The department will be reimbursed for both the cost and administration of this expanded program and therefore will generate revenue to offset the additional expense in the revolving fund. The spending limit for the Health Revolving fund was doubled for FY2024 to cover this expanded vaccine program(Article 9 of 2023 ATM). Joanne Belanger Department Head Action of Select Board: Date Approved Disapproved Authorization voted in the sum o£ $55,000 Chair, Select Board Action of Appropriation Committee: Date Approved Disapproved Authorization voted in the sum o£ $55,000 Chair,Appropriarion Committee ALLBudgetTransfers YE_FY2023_7.723 FY2023 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Discussion on Planning Charrette for Le�ngton Center ITEM PRESENTER: NUMBER: Doug Lucente, Select Board Member I.9 SUMMARY: Category: Informing This is a follow-up discussion to deternvne whether the Select Board wishes to have staff schedule a charrette for the Center related to economic development. Carol Kowalski provided the attached letter for the Select Board's consideration. The cost, as proposed, is $25,000 and the previous discussion was to request that the Select Board approve funding through ARPA. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 8:OOpm ATTACHMENTS: Description Type ❑ �`au��rNJl4�r�vaull flci�r�duw� �zrva°�r1VTa�ustcn a'°�S ��"'h Town of Lexington o �,,;,; � � � o ��;x -� ��-§ LAND USE,HEALTH,AND DEVELOPMENT DEPARTMENT a �: � 3 - �,� Af'NIL19•' ��1.'�Ij'TC7W MEMORANDUM To: Doug Lucente, Jim Malloy FROM: Carol Kowalski, Sandhya Iyer DATE: June 28, 2023 RE: Center Charrette discussion item, July 10 Select Board Agenda Cc: EDAC, Center Committee, Planning Board, A. McCabe, L. Welch This memo is regarding the Select Board's July 10 scheduled discussion of a charrette by Mullin Associates, which we understand was proposed in response to concerns expressed by residents about Lexington Center. This memo suggests steps to consider in order to get the most value out of this proposed charrette, assuming the Board and Town Manager intend to proceed. -Schedule the charrette first and foremost in coordination with the availability of the concerned residents who first contacted the Town Manager and the EDAC members. The charrette would of course be open to all, but would be of greatest value in hearing from the concerned residents and EDAC members if they can be counted on to participate. In March 2023, Select Board member poug Lucente convened a meeting of Bob Adams, Lisa Murray, Charlie Minasian, Eric Michelson, Jerry Michelson, Sona Antonyan and staff to discuss how to make sure invitees are invested in the idea of a charrette. Scheduling the dates of the charrette in coordination with those residents who first reached out to the EDAC and the Town Manager might be the best first step. -Consider Lexington's Center's commercial property owners, and how Mullin and Associates will manage discussion about them. The 2021 Economic development forum conducted by Community Circle for LexingtonNext led to strong and somewhat hurtful comments about property owners with whom staff are still working to restore positive relations. Notwithstanding the March 2023 MA Supreme Court decision against civil discourse requirements in public meetings, Dr. Mullin may have ideas on how to maintain working relationships with commercial landlords while allowing charrette participants to express themselves freely. -Suggest that the Planning Board and Town staff not participate on the day(s) of the charrettes to increase participants' trust for the process and freedom to go further than the 2022 comprehensive plan, and to free participants to think outside the box, combined with: -Request that Dr. Mullin, in his objective, neutral role, explain during the charrettes, that not all suggestions can be implelnented without a change in law or other action. Dr. Mullin's objectivity may help participants understand and put credence in his explanation of the path, sequence and timing for overcoming statutory obstacles. -For greatest value, Dr. Mullin may wish to review recent reports and implementation steps already accomplished, so that he may recommend new ideas not previously recommended or already implemented. These include action taken as recommended in the 2022 LexingtonNext comprehensive plan and the recorded forums by Community Circle, in the 2014 Nelson Nygaard Parking Study, in the 2019 Center Retail Strategy prepared by Finepoint Associates, and in the 1 2020 Lexington Strategic Tourism Marketing Plan conducted by Chris Pappas of Open The Door. Many of the strategies recommended in these plans have been implemented, as you know, including programming such as concerts,beer gardens, seasonal family events,pop-up stores, and our designation as a Cultural District, and of course the Center Streetscape project is now complete. New recommendations, yet to be proposed/implemented, that are within the Town's authority, would be of greatest value that could result from a new charrette. Thank you for considering the suggestions in this memo as you prepare to discuss a charrette at the July 10 meeting. I�is��iiiuiriR��rn�"�u��m�ic� ��wm�wm��w�m��wm�wm�wmw��wm�wm�wmw��m�wm�wmw��w�w��wm�wm�wmw��wm�wm�wmw��wm�wmw��m��wm�wm�wmw��wm�wm�wmw��m�wm�wmw��w��wm�wmw��w�w��wm�wm�wm�m��w��w�w �� . �� I�� I�� I�� ir��r ��ii��u� ��ir° ��°�� 'V"�v�•&�r8laati��°6va°;rleaqls��uvG�wnu;96r�sNti�i1(��il�'t7rr��l ti�r�7�e�r;�;uKw,��i°rr7��'i�ltKl tlt'i(airwwu��k�l nrvavar;�iw�7 ca�etlq;�@tt 1:r�i2bieisiurteN3�rr@'vt �,�•I�ir 9ii irrr�umwre� i�s��f,:+.riici°. 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G�r��9:ier I i�a��rr�uriu^,t �°�(��i��nl0a7�G;akf.�,e�resi;;�,V�ar�,nmuilr.�ra9 �+[��r�7aist t�viMRircryn f:�murhuuza�titi+�y k'�a�, ij i�ticre�.,e�iqri,�y�I��:��ta^ I�urr�ulin�irr fl7ri�'<��.ertittv`. ox iY�Yn�,i,a��,�17�(��ne�v„'�ircoe�i•��u��sisr*,.e�n.,ra�ire��•:i7('�:�� Pu�,w��n��,a4,.,,1p��°rs�r��urri��ro ",P,xM:c��r��.rl""��ki�i.�� iU�sw.��: .nc�t��t"sv,Y4l�pro�l�Swltldl�','"�6b. I ii4it7AfCIBi� �r��y.�U-r.ry�i�lo-"I/*,M1IYi�I d."t�'Yu�4:i1"iTiuo9ifY'Id'tIRiW � � Hx-inl e r�r71�r�°�,nlale (�scec��rrai77K��i�s uVAiltr wxlr��,i:aots�arcu,^, �;xr��aB+��:� .ill^,ur �4�n�a�aa�mri+,�e si1 la�rmvr��c��, tr.qbvo�"- I.��r,xa��9 B�hie iiatmi9dt�rc.iEiel I o"(ir�:artl ,ba•lir��tlii�.�t 'i[�1r iir'i o l i� tl.�rrtl��r 1�r e�w=iir��rra ti ti abte,�irc�wi m�� .ry u�"tin.'u wV�nh�r[,��,r' a��oer�ii�u�tr�iaa�,a��rstk��r'�°,iuii r��c n�e i�w ninti�bi�i�rcir'u.ml d.1.C51ri179�.�.9:'�a�BJ�'�... ��al��+i�� r�lated F�ndi�gs��d P��n�i,��l��ra��gi�s t� ��Ila��.�. (from Center Retail Strategy.) 1�� o��xar��bc��a�e ��v��E��,c;��a��..:N�;��.......�."�rrr� ��;��sav€;....�'�� ........... �a�� s.//��rr��r��.��r��CD�r��n��r�h�.,"��/��6��7�C�"�rrn��....1f��ll....S��-�� ....1f�� ....2��...:1�1��' ........ �� so��;��c»b��, g�av�➢:��;�a�u�;�a��;��°/Vn�;vv��fr��_,�;�a�a��n�s....S��.b��...��'�>aa�°�s��..:�f�arr��a p.... ........... 1��....2Q�2�� ................................................... 2 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Review and Approve American Rescue Plan Act (ARPA) Requests ITEM PRESENTER: NUMBER: Jim Malloy, Town Manager L10 SUMMARY: Category:Decision-Making Attached please find the updated requests from various departments for ARPA funding. This information was previously provided to the Select Board, the only update is the inclusion of the Center Charette request that the Select Board is discussing on 7-10-23 as we1L As the Board will note, with the pai-ticipatory budgeting being included for 2023 and 2024 the cuilent requests exceed the ARPA funds of$9,903,381 by$74,487. Therefore either all of these requests cannot be funded or the Board needs to malce a detei-mination whether to continue with participatory budgeting(or at a different funding level). SUGGESTED MOTION: Move to approve the following requests to be funded with ARPA funds (insert requests that are agreed to by the Board). FOLLOW UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 8:l Opm ATTACHMENTS: Description Type ❑ .'L➢2ll'fl�;pru¢,a�ar�.Vua,a,1:ua�ro�l�ac°.�uu�sts �:hr�c u 14�Ieu:n�� ❑ F\neqk:"+.�V�uuu4l� V�'u�^�^ �'�r�ta�u l�Ns,urr�r d �'�a��vu��;➢�a➢;V�iry�G�g;�au�aa��.t��I�I�F� �.�rv�u�I`�I�;unu�:r W�i m 61 — ° � I�.. 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I� ,"� � ^ � � _ - " � i G+ ` � - " � u' If = _ ° - 3 K�o lirr. . �,f E - 3 � a � - - E o o �'" ` `w `a = n a o fi ° n � u u u E .. , .. o �n . �n �'�� 3 E 3 3 � £ 3 x'' r x' p= r - x' r � � m m� �u�� lu, �� '� u�� 'u, � AB AB �� _ a �9 3 m 3� H E � a 3� 3 3 - > j � � C � �� >° � >° r o E °�' �� - E � �_ m E D _ w Z _ _ � Z m � Q mO - � � � � m m m - m - m � � � � � � m � r O � � � � m � m � m � � � � � � � 'E O� - - � _ � � _ � � � � � � C � - - m - - � p F � a a o � o� � - � a �� - - D > D Q 0 � - �a � +- ,3 a 3 - _ o y_ - - '� � E 3 ._ x I — Q o — > - - _ °°a _ ? _ - _\ E - � 3 � _ _ E E o � Q _ _ _ � - E E E E � _ W Q ' ' w �o � �� m�, I � � �� Name of Pro�ect:Food insecurity program Project Cost: �150,000 (next 3 years) pepartment: Human Services Department (HSD) Cost Basis: $70,000 - Food Pantry contributions $25,000 - Refrigerators and Freezer for Meals on Wheels $40,000 - Food cards and related outreach expenses (mailing, etc) $15,000 - reserve for unanticipated expenses Please describe the project: In early 2022,the Select Board approved$50,000 for an initial year of food insecurity programming.The HSD spent several months researching local resources,speaking with organizations,and brainstorming on how best to use those funds.We determined that we wanted to get funding directly into the hands of as many residents as possible,so we developed a Wegmans food card program and promoted it to the community through a mailing that went to every household,as well as on our website and in email blasts.To date,we have issued$26,175 in food cards of the initial$30,000 allocated to this program.We anticipate continuing this program. We also identified the ongoing needs that the Food Pantry has,including funding and storage.We were able to work with the pantry to identify some overflow storage space for them.We have also issued some funding to them recently,per Town Manager approval.We expect to continue to allocate some of this food insecurity funding to the pantry. Finally,the Meals on Wheels program is operated by Minuteman Senior Services and runs out of the Community Center.When we moved from Muzzey to the LCC,we brought a freezer and refrigerators with us.Those have exceeded their usable lives and we have had to service/repair the freezer 3-4 times just in the last year.When the freezer breaks,all of the frozen meals that are stored for Meals on Wheels participants must be thrown out,creating additional waste and the potential for increased insecurity amongst participants who rely on these meals.We request to spend some of these funds on replacement of this crucial equipment so as not to cause additional strain on the Meals on Wheels program. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Food insecurity has increased significantly as a result of COVID, due both to financial constraints and supply chain issues. As well, our Meals on Wheels participants were and continue to be the most vulnerable through COVID, as they had no means of accessing food on their own and continue to be at significant health risk if they contract COVID. Our multi-pronged approach to addressing food insecurity in Lexington provides critical support for those residents still in need of nutritious and regular meals. Date Submitted to the Town Manager: 6/15/2023 sUbm�tted Bv: Melissa Interess, Human Services Director � �� I �' � � �� u ��I � �� Name of Pro�ect:Elections Trailer and Storage Project Cost: �� 0�QO� oepartment: Town Clerk Cost Basis: 6 x 12 single axel trailer, plus registration fee estimates and setup costs Please describe the project: An election trailer would allow the Town to put all equipment needed to be brought to various polling locations into one, moveable unit. DPW would only need to hitch it up before/after an election to put everything in, including electric cords, plexiglass barriers, signage etc. Trailer, due to small size, could be parked almost anywhere in Lexington. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Ensuring access to elections is a primary focus and this will allow the DPW to be more nimble in setup and take down of our ever growing election supplies. Date Submitted to the Town Manager: ,JUne �, 2Q23 sUbm�tted Bv: Mary de Alderete, Town Clerk � �� I �' � � �� u ��I � �� Name of Pro�ect:Front Hall Meeting Display ProjectCost: � � � 6V.99 Department: OfflCe Of the TOWn Clerk Cost Basis: (Quote Attached) PANASONIC SQE1 W SERIES 43"4K UHD PRO DISPLAY/REG CHIEF MICRO-ADJUST TILT WALL MOUNT-LARGE/REG PATH43SQE1W CHLTM1U (TH-43SQE1 W) (LTM1U) 920.16 248.83 Please describe the project: Replace monitor in front entrance hallway with commercial grade monitor in order to display upcoming meetings 24-7 in Town Hall. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Ensuring up to date meeting notices to the public is paramount to the public's ability to participate in-person or via remote participation. Date Submitted to the Town Manager: May H, 2023 sUbm�tted Bv: Mary de Alderete, Town Clerk Government, Education, and Corporate Department o For Pricing Requests,Purchase Orders,and Customer Service: � 800-947-8003 800-858-5517 Education:emailbids@bhphoto.com Fed Gov:federalsales@bhphoto.com � � . � � � � ..� , � , 212-239-7503 212-239-7759 Corporate:corporatesales@bhphoto.com StateandLocal:biddept@bhphoto.com ° a v The Professional's Source � 420 Ninth Avenue, New York City, NY 10001 • www.bhphotovideo.com � LL Prices Are Valid Until: OS/31/23 Quote No.:1099384929 Reference No.: R201202-OMNIA Sold To: Vincent Lerow Town Of Lexington Town Of Lexington 201 Bedford St. LEXINGTON,MA 02420 Bill Phone: (781)389-1186 Work Phone: (781)389-1186 ate ustomer o e erms a esperson ip ia 0 /01/23 B377 18 N/A WB FDX GROUND - t� � � • �- � • � • 1 1 PANASONIC SQE1 W SERIES 43"4K UHD PRO DISPLAY/REG PATH43SQE1 W 92016 92016 (TH-43SQE1 W) In Stock-while supplies last. 2 1 CHIEF MICRO-ADJUST TILT WALL MOUNT-LARGE/REG CHLTMI U 248.83 248.83 (LTM1 U) In Stock-while supplies last. PLEASE NOTE: ------------ ----------------------------------------------------- **** Please reference your quote number on all PO's **** **** ALL PRICES ARE LISTED IN USD **** Certain items may be enforced by vendor to sell at the vendor-imposed price posted at the time of order. , �, � Sub-TotaL• 1,168.99 N/A Shipping: Free STND - Total: 1 168.99 � � Customer Copy Page 1 of 1 � � �� I �' � � �� u ��I � �� Water fountain installation at the Lincoln Park Name of Project: Project Cost: ��O O �epartment: Recreation and Community Programs Cost Basis: This cost is associated with the installation associated with two Park water fountains. The fountains were previously funded and purchased with ARPA funding. Once the old fountains were removed, it was identified that new PVC piping and water piping along with leveling the concrete pads was required. Please describe the project: Cost to install two new water fountains at the Lincoln Park (currently only one working water fountain on site). The installation can occur, if approved, in the coming week prior to the start of summer. Please describe how this meets the Select Board's Nexus with COVID Pandemic: This meets the Select Board's Nexus through Public Health & Safety Date Submitted to the Town Manager: J U ne � 5, 2023 Submitted By: MPIISSa Battlte, Director � �� I �' � � �� u ��I � �� Name of Pro�ect:Municipal Building Decarbonization Roadmap ProjectCost: �30,000 Department: SUSlaIIIabIIIty�FaCIIItIeS Cost Basis: The following is based on a proposal from PowerOptions: - Building Decarbonization Roadmap - $13,000 - Premium Roadmap Implementation Support - $9,000 - Energy Intelligence Suite - $6,000 - PowerOptions membership (2 years) - $2,000 Please describe the project: The$30,000 could be used to complete a comprehensive municipal building decarbonization roadmap,get a year of implementation support for three priority buildings, and set up a much-needed municipal energy tracking dashboard. The decarbonization roadmap would identify a cost-effective pathway to decarbonize Town buildings that could be integrated into existing capital planning to ensure decarbonization projects are planned for at a time that aligns with other work in each building and to ensure we are planning decarbonization around the end of life of key systems. PowerOptions provides this decarbonization planning service and they have created effective plans in other communities,such as Melrose.The process would include analyzing current energy use,assessing existing building equipment, setting goals,and creating a roadmap to achieve the goals.The plan includes recommended timelines and analysis of costs and savings of each project. The$30,000 could also cover setting up a comprehensive municipal energy tracking dashboard,which would provide much easier access to utility data across departments. It would greatly streamline Green Community and Building Energy Use Disclosure reporting requirements. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The Covid pandemic heightened awareness about the importance of healthy buildings. Decarbonization is not only a climate solution, but also a public health solution. Buildings that do not burn fossil fuels have better indoor air quality than buildings that do. Planning for decarbonization in our Town buildings will ensure Town staff, students, and the public are spending time in healthy buildings that are more resilient to any kind of disruption, whether that be a future public health crisis or the ongoing climate crisis. Date Submitted to the Town Manager: 5/30/2023 sUbm�tted Bv: Maggie Peard � �� I �' � � �� u ��I � �� Fire Department Ambulance replacement Name of Project: Pro ect Cost: � , partment: F i re D e p a rt m e n t ; 36 862 .0o De Cost Basis: Actual contracted purchase price escalation overage. Please describe the project: Cover the cost escalation of the town's replacement ambulance that was purchased with ARPA funds. As supply issues continue the cost escalation has increased by $36,862.00 over the anticipated purchase price. The ambulance is ordered and locked into the price of$436,862.00 and we wouldn't need additional funding above the $36,862.00 Please describe how this meets the Select Board's Nexus with COVID Pandemic: This request is to complete the purchase of an ARPA approved and supported project. Date Submitted to the Town Manager: 6�7�2�23 SUbm�tted BY: Derek S. Sencabaugh � �� m�, I � � �� Name of Pro�ect:Mental Health Clinician (partnership with Eliot Community Human Services) ProjectCost: $260,000 (neXt 3 yeal"S) Department: HUI�Y�aI1 SerVICeS Cost Basis: Clinician salary + benefits + indirect expenses = �$70,000 annually Build salary/benefit increases and additional costs into the remaining 3.25 years to average to $80,000/year. Requesting approval for the remaining years now to ensure funds are available and this program can continue. Please describe the project: Last year the Select Board approved an initial year of funds to contract with a Mental Health Clinician to provide mental health services exclusively to Lexington residents. We developed a partner agreement with Eliot and Eliot recruited a clinician, who started in August of 2022. In just 3 weeks, her caseload was full and has remained full since mid-September 2022 with an ongoing wait list. The demand for her services has remained steady, even with additional short-term mental health services being provided by the Human Services department. As well, the INTERFACE referral service continues to see a steady number of referrals. The demand for mental health care is clearly not decreasing and our Eliot clinician is providing residents with quicker access to therapy. To date, the clinician has seen nearly 50 residents for ongoing therapy. And the Human Services department has seen approximately 20 residents for short-term therapy since February 2022. The current wait list for services through our department is 12 people. Had it not been for the Eliot clinician, many of these residents in need would still be waiting for services. Please describe how this meets the Select Board's Nexus with COVID Pandemic: COVID impacted mental health in a significant way. As the pandemic raged on, more and more people were looking for therapy services as a way to cope with the effects of the pandemic or with life in general. For some, the pandemic exacerbated underlying mental health issues and for others, the pandemic created new mental health concerns. The provider landscape could not keep up with the demand. Many providers had already been moving away from accepting insurance, making access that much more difficult for those with limited means. The mental health services offered through the Human Services department have been a lifeline for many through COVID and continue to be a support post-pandemic. Date Submitted to the Town Manager: 6/14/2023 Submitted By: Me�ISSa �ntei'eSS � �� I �' � � �� u ��I � �� Name of Pro�ect:Elections Trailer and Storage ProjectCost: �2�895 oepartment: Town Clerk Cost Basis: Electronic Letter Opener Please describe the project: An electronic letter opener for the Clerk's Office so that Vote-by-Mail may be better administered. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Vote-by-Mail has been an ever increasingly popular choice for voters. This opener will allow faster throughput for the higher demand, especially with the 2024 presidential election cycle rapidly approaching. We will hold the Town election in conjunction with the presidential primary- meaning double the usual number of ballots requested at an election. Date Submitted to the Town Manager: ,JUne �, 2Q23 sUbm�tted Bv: Mary de Alderete, Town Clerk � �� I �' � � �� u ��I � �� Name of Pro�ect:Hybrid Refresh Project ProjectCost: �721 �3V2.C�� Department: �T + Facilities Cost Basis: We brought in ProAV to design and quote each room. Cost includes everything to do the work from materials to labor with a 12% contingency Please describe the project: This project is to update all public meeting spaces in Town with hybrid conferencing technology. The technology we've chosen includes new 4K automated cameras, updated displays/projectors/screens, microphones, speakers, zoom-room tablets, room availability displays and other AV equipment needed to make this work. We've designed these rooms to have the same, consistent technology across the board so training and support would be reduced. This design also eliminates the need to bring a laptop to operate the meeting as the Zoom-Room tablet will do all the work. Please describe how this meets the Select Board's Nexus with COVID Pandemic: The COVID pandemic forced us to stop our in-person meetings and go completely remote. Thankfully, technologies like Zoom already existed so it made the transition rather seamless. Over the past 3 years or so, we've adapted a bit more and are now running hybrid meetings. The current technology we're utilizing for these meetings is a temporary fix and it causes a lot of problems such as the need for a laptop to be available to run the meeting. Even more concerning is the audio and video quality issues which make it difficult to even have the meeting when individuals in the room cannot be heard or seen very well. This project, if approved, will replace all the temporary solutions we have with a professionally designed system that has vastly improved audio and video capabilities. It will allow us to continue to run hybrid meetings well into the future. Date Submitted to the Town Manager: 6/28/2023 Submitted By: TIf11 GOi1Ca�VeS Town of Lexin�ton Hvbrid Refresh Proiect Buildin�/Rooms Totals Cost Notes Town Office Bldg/Cary Memorial Bldg $ 158,111 Select Board Meeting Room (SBMR) $ 80,276 * Public Services Building $ 61,931 Community Center $ 120,330 Cary Library $ 143,417 Police Department $ 160,302 ** Fire Department $ - Subtotal $ 724,368 Contingency (12%of total cost) $ 86,924 Total Project Cost $ 811,292 ARPA Request(minus SBMR) Cost Request (before contingency) $ 644,092 Contingency (1z%of total costJ $ 77,291 Final ARPA Request $ 721,383 Less Police Department: $ 561,080 *Already funded by ARPA. Order placed. ETA late June **Recommended to be funded through Police Station Project Tiolets and urinals Hand Dryers Lavatory Sinks Auto Soap Community Center Count 18 4 14 8 Unit cost $ 1,000.00 $ 1,000.00 $ 1,500.00 $ - Project cost $18,000.00 $4,000.00 $21,000.00 $0.00 Public Service Building Count 6 0 6 6 Unit cost $1,000.00 $1,000.00 $1,500.00 $0.00 Project cost $ 6,000.00 $ - $ 9,000.00 $ - Cary Library Count 10 2 14 6 Unit cost $ 1,000.00 $ 1,000.00 $ 1,500.00 $ - Project cost $ 10,000.00 $ 2,000.00 $ 21,000.00 $ - Cary Memorial Building N/A Done N/A Done Count 13 2 7 5 Unit cost $ 1,000.00 $ 1,000.00 Project cost $ 13,000.00 $ 2,000.00 $ - $ - Town Office Building Count 13 0 8 11 Unit cost $ 1,000.00 $ 1,000.00 $ 1,500.00 $ - Project cost $ 13,000.00 $ - $ 12,000.00 $ - Pool Complex Count 12 2 11 5 Unit cost $ 1,000.00 $ 1,000.00 $ 1,500.00 $ - Project cost $ 12,000.00 $ 2,000.00 $ 16,500.00 $ - Lincoln Field N/A Done Count 4 2 4 Unit cost $ - $ 1,000.00 $ 1,500.00 Project cost $ - $ 2,000.00 $ 6,000.00 $ - Golf Club House Count 3 2 2 2 Unit cost $ 1,000.00 $ 1,000.00 $ 1,500.00 Project cost $ 3,000.00 $ 2,000.00 $ 3,000.00 $ - Total $ 72,000.00 $ 10,000.00 $ 79,500.00 $ - *Note -the Center Rec Complex restrooms and the Reservoir restrooms will be completed as part of the 202: Auto Towel 3 $ - $0.00 $ 43,000.00 6 $0.00 $ - $ 15,000.00 6 $ - $ - $ 33,000.00 N/A Done 5 $ - $ 15,000.00 11 $ - $ - $ 25,000.00 5 $ - $ - $ 30,500.00 $ - $ 8,000.00 0 $ - $ 8,000.00 $ - $ 169,500.00 $ 161,500.00 3 Calendar Year Renovations � �� I �' � � �� u ��I � �� Name of Pro�ect:Front Hall Meeting Display ProjectCost: � � � 6V.99 Department: OfflCe Of the TOWn Clerk Cost Basis: (Quote Attached) PANASONIC SQE1 W SERIES 43"4K UHD PRO DISPLAY/REG CHIEF MICRO-ADJUST TILT WALL MOUNT-LARGE/REG PATH43SQE1W CHLTM1U (TH-43SQE1 W) (LTM1U) 920.16 248.83 Please describe the project: Replace monitor in front entrance hallway with commercial grade monitor in order to display upcoming meetings 24-7 in Town Office Building. Please describe how this meets the Select Board's Nexus with COVID Pandemic: Ensuring up to date meeting notices to the public is paramount to the public's ability to participate in-person or via remote participation. Date Submitted to the Town Manager: May H, 2023 sUbm�tted Bv: Mary de Alderete, Town Clerk AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Discuss Select Board Report for Fiscal Year 2023 Armual Town Report ITEM PRESENTER: NUMBER: Board Discussion I.11 SUMMARY: Category: Brainstorming As the Town's fiscal year 2023 has drawn to a close, the Board is being asked to begin preparations for the Select Board submission for the FY23 (July l, 2022- June 30, 2023)Annual Town Report. The fmalreport will be due for submission to the Town report Coordinator by September 15, 2023. For reference, listed are last year's report topics/scnbes: FY2022 Annual Town Report Topics FY22Report Scribes Select Board Jill Select Board Priorities for American Rescue Suzie/Joe Plan Act(ARPA) Spending Fiscal Resiliency Joe New Capital Stabilization Funding Framework Joe Economic Development and Commercial Doug Growth Town Meeting Use of Vu-tual Technology Joe Housing Options Jill Center Streetscape and Battle Green Streetscape Suzie Projects Bedford Street/Hartwell Avenue Update Mark Municipal and School Buildings Mark Diversity, Equity and Inclusion Mark Police Station Project Doug For additional reference attached is a copy of the Select Board Report in the FY22 Annual Town Report as well as a copy of Select Board Report to 2023 Annual Town Meeting. The following is a draft schedule for writing this years Select Board Report: � D t rmin t i n 1 t B r� ri M n 1 1 2 2 e e e o cs a d Se ec oa d Sc be o da Ju 0 0 3 p y� Y � .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .....; Select Board Members submit write-up to SB office As soon as possible but no later than Wednesday, August 16, 2023 Select Board Reviews lstdraft of report at meeting Monday,August 21, 2023 .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... ....., Date any edits submitted to Select Board office Wednesday August 30, 2023 .... ....., Select Board Votes Final Report Wednesday, September 6, 2023 SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 8:30pm ATTACHMENTS: Description Type d �::dr�ay arP`1F'X"�V"":Z.F��tnmtt�nV �"a,��m ll��;pa<',ttv:..°roa�,Yc;s°u�3cR�flnuV ni��rn� 1G";:ia°V:��a 1l�I�.da�muai d �`array a��`?4�?"P�"�du�,auait d'�,v,n lh�ll�a ti�u�..4��;ds;s�Q Q��b��l n�c�q�p�sbQ �3,ia,Ik�A�149[;�ka,u�ua1 SELECT SOARD Five members, elected by the voters at-large to overlapping 3-year terms: Jill I. Hai, Chair, Douglas M. Lucente, Vice-Chair, Joseph N. Pato, Suzanne E. Barry, and Mark D. Sandeen. In March 2022, Mr. Pato and Ms. Barry were re-elected to three-year terms. While FY2022 continued many of the challenges faced since FY2020, there was a resumption of some pre-pandemic activity, and some significant new activity, including the launch of the Center Streetscape Project and the initial deployment of American Rescue Plan Act (ARPA) funds. The State of Emergency in the Commonwealth due to the outbreak of COVID-19, which was issued on March 10, 2020, was continued again through July 15, 2022. Special Town Meeting in the fall of 2021 and the Annual Town Meeting in spring of 2022 were both held virtually. Public meetings continued in a virtual format, accessible by the public using the application Zoom, though some committees chose to begin meeting in person. Town Celebrations and events began to resume, following the lifting of the State of Emergency at the end of FY 21. A full Veterans' Day parade and celebration was held and widely enjoyed. All municipal buildings re-opened to the public. The Town continued to monitor each building for safe and continued operations and services to residents. Initial ARPA funds were used to further the health and safety of the community, and to improve the economic situation of our local businesses and non-profits through direct grant assistance. The Select Board held its biannual goal setting retreat, establishing five goals for the coming years: Community Compass, Livable Lexington, Quality Services, Fiscal Stewardship and Thriving Local Economy. The full report can be found at ��:��;��o.�..l_�w�.,:�.�;c�:�u.: �c�r�:a�nn�o �� 1[7��a�:�-�n��:��rn:��rc �a��ar ��°�7...._��..-:��r� �g��.�.�..- ... . .. ➢.��2�P2�.-.-.-1F.�2G�23. These goals continue to guide the work of the Board as FY22 comes to a close. Select Soard Priorities for American Rescue Plan Act (ARPA) Spending The American Rescue Plan Act of 2021 (ARPA) was passed by the federal government to support communities across the country in responding to and recovering from the COVID-19 pandemic. Federal funds from ARPA are intended to address the negative health and economic impacts caused by the pandemic. Lexington is receiving$9,903,381 in ARPA funding. The allocation for Lexington, which is distributed through the Massachusetts Department of Revenue, is based on the Town population. ARPA funding must be obligated by the end of 2024 and fully expended by the end of 2026. The federal government has outlined the primary objectives for the use of these funds: � Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control � Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs � Support immediate economic stabilization for households and businesses • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic. • Provide premium pay for essential workers - offering additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors • Invest in water, sewer, and broadband infrastructure -making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet: The federal government specifically noted uses of funds that are NOT eligible such as: contributions to Pension Fund; contributions or replenishment of reserves or 'rainy day' funds; direct or indirect application of funds to reduce tax revenues/tax rate; Payments for legal settlements; payments for debt service; general infrastructure spending (above amount identified as lost revenue). The Select Board set priorities for ARPA spending in the following areas that address the immediate needs of our residents and businesses: housing,food insecurity,public health and safety and economic stimulus and resiliency for our community. As of June 30, 2022, the Select Board has approved using$3,076,200in ARPA funds in the following areas: � Public Health$567,200: $100,000 for ongoing support for the Public Health Office; $175,000 for community COVID Testing Events; $25,000 for purchasing of rapid at home tests; $36,000 six replacement bottle filling stations on the bikeway; $22,200 AED Devices for the Lexington Police Department; $24,000 bottle filling stations for Recreation Department; $160,000 outdoor shelters for programming-Recreation Department; $25,000 for N95 masks. � Affordable Housing$475,000: $115,000 for design work on the LexHAB Vine Street project; $315,000 for down payment on affordable housing units; $20,000 to assist in the development of an Affordable Housing Trust; $25,000 to assist in the development of the Special Permit Residential By-Law. • Economic Development$1,334,000: Grants for small businesses that have been impacted by COVID $900,000; Grants for cultural (music/arts) organizations that have been impacted by COVID $50,000; Picnic tables for Center $24,000; Pop up business incubator $100,000; Accessibility ramp $,10,000; Visitors Center website $50,000; Grants for non-profits that have been impacted by COVID $50,000; Lexington Retailer's Association for Center programming$50,000; Store back/store front improvement plan $100,000. � Human Services $140,000; mental health clinician services $90,000; local food insecurity programs $50,000. � Participatory Budgeting (PS) $520,000 - a democratic process through which community members directly decide how to spend public funds, aimed to increase equity and access, foster civic engagement and community spirit, and ensure that public money targets real community needs. • Remote/Hybrid Meeting Solution$40,000 - to improve technology used in the Select Board meeting room. The Select Board will continue to prioritize addressing the urgent needs of the community and will work with the Town Manager to determine how the remainder of the Town's ARPA funds should be allocated. Fiscal Resiliency FY22 closed with the Town continuing in a strong financial position. Real-estate tax collections and other revenue sources remain strong. Residential real-estate growth continues, and new commercial projects are progressing on Hartwell Avenue and Hayden Avenue commercial districts. While the Select Board remains committed to avoiding the need for proposition 21/2 operating budget overrides, the continuing effects of the COVID-19 pandemic and the need for major capital investment in obsolete buildings present a continuing challenge for the community. New Capital Stabilization Funding Framework In November 2021, the Select Board approved a new Capital Stabilization Funding Framework. In anticipation of the need for a Lexington High School construction project, the largest capital project the Town of Lexington has ever seen, we sought a long-term, financially sustainable funding mechanism to provide dedicated funding for the Capital Stabilization Fund (CSF). This is meant to ensure that larger capital projects and future debt service do not place an unmanageable burden on taxpayers. The framework recognizes the effort by the Town of Lexington to simultaneously identify and attract opportunities for commercial development and accommodate the substantial need for capital project funding. Rather than having "New Growth," from significant commercial developments be allocated between the Town and School departments via the Revenue Allocation Model, any additional incremental property tax revenue generated from certain new commercial developments shall be dedicated and annually appropriated to the CSF. Projects affected will be commercial developments which: • Go through the Preliminary Site Development and Use Plan (PSDUP) process and have an approved project Memorandum of Understanding to create a Planned Development District; • Are developed through the zoning changes approved at the 2020 Special Annual Town Meeting for the Hartwell Avenue area. Economic Development and Commercial Growth The Select Board has continued to prioritize economic development and commercial growth in an effort to enhance our commercial tax base, and take advantage of opportunities for growth. With the passage of zoning changes in the Hartwell Avenue/ Bedford Street corridor in both 2020 and 2021, the Town is beginning to see new development projects brought forth. Commercial growth is not limited to the Hartwell Avenue/ Bedford Street corridor. At Annual Town Meeting 2022, Article 38 passed by a vote of 169-6-2 which proposed changes to the existing zoning and zoning district at 128 Spring Street and 95 Hayden to expand the existing lab / office campus by razing and modernizing existing buildings and adding an additional 314,812 square feet of lab / office space with structured parking. The proposed project brings additional jobs and tax revenue and bolster's Lexingtori s reputation as a biolab hub. Tourism remains an important component of our Lexington economy. The Lexington Visitors Center's Official Grand Opening and Ribbon-Cutting Ceremony took place on October 7, 2021. The new Visitors Center is an inviting, inclusive and accessible modern facility which helps to inform visitors and residents with a wide range of interests on where to spend their time while visiting Lexington. Further, at Annual Town Meeting 2022, Article 12n passed by a vote of 167-2-4 which sought $4,975,000 to fund design, construction and project management for the roadways and intersections around the Lexington Battle Green, known as the Battle Green Streetscape Improvements. This project will allow for any construction to be completed in advance of the 250th Anniversary of the Battle of Lexington in the year 2025. This project includes improvements to the sidewalks and roadway infrastructure with a focus on safety, accessibility and improved connectivity to our tourist attractions. Town Meeting Use of Virtual Technology With the continuation of the COVID-19 pandemic, most public meetings continued to be held virtually. Both the fa112021 special town meeting and the 2022 annual town meeting, including two special town meetings held during the spring annual meeting, were successfully conducted as fully remote meetings. Town Meeting members were polled by the Town Meeting Member Association to determine preferences for holding meetings remotely and a large majority favored having remote attendance option for future meetings. Based on that preference, and reflecting on the substantially increased participation rate in remote meetings, the Select Board recommended instituting a permanent remote attendance option. Town Meeting passed Article 3, to amend our bylaws to permanently allow remote participation at town meeting, at the Special Town Meeting 2022-2 by a vote of 166 in favor and 10 opposed with 5 abstaining. This article included a home rule petition to the legislature to request permission to hold these hybrid meetings without statewide emergency legislation as had been provided for since the onset of COVID-19. As of the end of FY22 the amended bylaw has not yet been approved by the Attorney General's Office, as the home rule petition awaits action by the legislature. Housing Options As part of its goal to further a "Livable Lexington" the Select Board identified'Actively seeking development of affordable and accessible housing". In furtherance of that goal, in September 2021, the Select Board created the Affordable Housing Trust Study Committee. The committee was charged with creating proposals for both an Affordable Housing Trust and a non-profit Housing or Community Development Corporation. The former can hold and deploy funds from sources beyond municipal funds and the latter would be eligible for participation in community investment tax credit programs. Together, the two-prong approach is aimed to improve the opportunity for and creation of affordable housing in Lexington. The Select Board's Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee (SPRD) continued its work to create incentives for creation of more diverse housing stock. The nine- member comrnittee was charged with gathering stakeholder input, reviewing housing data and drafting a statement of values, to inform the drafting of a zoning bylaw amendment and warrant article to either revise or replace the current Special Permit Residential Development Zoning Sylaw. Data, drafts and other documents are all available on the webpage at ��.��..�, www.��aca�u�-��nrrn��.�„�v � ��.�- �rrmcn��-��n��p��-a��r�� n�n�-��ub�n �Ib ��:�r.... �,mr��.�,�,��.-��u;�n.n,��..-��r�.-�a:�-�a�� and the meetings are available on LexMedia on demand. The committee has begun workshops on target proposals, drafting actual plans and visual representations and has worked to review the proposals with a variety of stakeholders Center Streetscape and Battle Green Streetscape Projects The Center Streetscape project broke ground in the spring of 2021 and is focused on: improving pedestrian safety, accommodating bicycle traffic, making sidewalks and crosswalks more accessible and safer for people with disabilities and renewal of the mid- century modern landscape. In the summer and fall of 2021 work was focused on the easterly end of the project near the post office and the Town Office Building. In the spring and summer of 2022, the work shifted more to the west and the core of the center as sidewalks were dug up, a modular suspended planting system was installed to allow for proper tree planting,new lighting was installed and amenities such as benches,bike racks and some trees were planted prior to the drought. Communication with direct abutters and the community continues to take place through a variety of ineans including: weekly project emails, updates in Town e-newsletters, a dedicated page and updates on the Towri s website, a dedicated email and phone number and direct one on one outreach. It is anticipated that the project will be substantially complete in the Fall of 2022 with a few items being held over to the spring of 2023. The Battle Green Streetscape project advanced as the Select Board gave their support for a roundabout to be located at the Harrington Road/Bedford Street/Hancock Street intersection. The project was then brought to the 2022 Annual Town Meeting under Article 12n-Appropriate for Municipal Capital Projects and Equipment-Battle Green Streetscape Improvements where it received a vote of 167-2-4 for $4,975,000 in funding. It is anticipated the project will start in 2023 and be completed by fa112024 in anticipation of the 2025 Town Celebration. Sedford Street/Hartwell Avenue Update Traffic issues in the Hartwell Avenue corridor are one of the key concerns cited by residents and business owners. 2019 Special Town Meeting appropriated $1.5 million for the 25% design of the Bedford Street/Hartwell Avenue/Wood Street Corridor.The Town formed a 25% design working group in November, 2020, and hired an engineering and planning firm in January 2021 to develop 25% design level plans for complete streets reconstruction that addresses safety, traffic flow and pedestrian, bicycle, transit, and alternative modes of transportation. The Towri s consultant has substantially completed the data collection task, the environmental permitting task, the land use & development build out analysis, and has made significant progress on the transportation analysis, concept development, and public outreach tasks. The Towri s consultant has identified that the roadway capacity will begin to be exceeded at approximately 60% of the "likely" redevelopment as properties within the project area are redeveloped to current zoning limits. The Town's consultant has recommended several options to address this concern. Based on input from the Select Board, the consultant will be revising the build out and traffic analysis to include future residential development. In addition,Town staff and the consultant are coordinating with MassDOT to acquire state funding to expand the study limits to include the I-95 northbound half of the interchange. The project is expected to culminate in a formal Massachusetts Department of Transportation public hearing targeted for FY24. Municipal and School Buildings The Board continues to address the issues of maintaining and improving our municipal and school building infrastructure. • Lexington High School - With severe overcrowding, outdated building systems, and spaces that do not adequately support the academic program,Lexington High School needs replacement or renovation and expansion. To that end, the Superintendent, with the support of the School Committee and Select Board, submitted a Statement of Interest to the Massachusetts School Suilding Authority (MSBA) requesting state support for a future high school building project. The MSBA invited the Lexington High School Project into the MSBA's eligibility period, which started on June 1, 2022 and will conclude on February 27, 2023. During this time, the Town must complete the preliminary requirements defined by the MSBA. In Apri12022,Lexington Special Town Meeting 2022-2 appropriated$1,825,000 for a Lexington High School Feasibility Study.Moving forward in the MSBA's process requires collaboration with the MSBA, and an invitation to Feasibility Study will require a further vote of the MSBA Board of Directors. • The Westview Cemetery Building replacement project was approved at 2020 Annual Town Meeting with an appropriation of $3,290,000. The initial Westview Cemetery construction bids came in higher than the appropriated amount. As a result, Special Town Meeting 2021-1 approved additional construction funding of $770,000. The second round of construction bids came in within the updated project budget. The Westview Cemetery Building construction work started in Apri12022 and is expected to be complete in early 2023. � The Lexington Police Station building project is in the construction phase. Special Town Meeting 2022-1 approved an appropriation of$32,400,000 for the design and construction of a new Police Station building to be located at 1575 Massachusetts Avenue. On June 6, 2022 in a Special Town election, Lexington voters approved a Proposition 2 1/z debt exclusion for the borrowing for the Police Station Project. Town staff expects construction to start in September 2022 and be complete by June 2024. (see more detail below) • The Select Board and School Committee authorized the installation of 2.6 MW of solar energy systems at Hastings Elementary School, Lexington Childreri s Place, Diamond Middle School, Clarke Middle School, Harrington Elementary School, Bridge Elementary and Bowman Elementary School. Final interconnection approval from the utility is expected by the end of 2022. When fully operational, the solar installations will enable Hastings School and Lexington Childreri s Place to be net zero schools. When combined with the Towri s previous solar installations, they will generate approximately 64% of the Towri s municipal and school electricity. • 2020 Annual Town Meeting approved $100K in design funds for the Center Recreation Bathroom complex. At the 2021 Annual Town Meeting, the Select Board recommended indefinite postponement of a warrant article requesting $915K in construction funding. 2022 Annual Town Meeting approved $680,000 in construction funds appropriated from the Community Preservation Fund. Town staff expects to open construction bids in September 2022. • The Old Reservoir Bathhouse renovation project was approved at 2019 Annual Town Meeting with an appropriation of$610,000.The bathhouse construction bids came in higher than expected and over the appropriated amount. Town staff was in the redesign and rebidding stage for this project as of June 2022. Diversity, Equity and Inclusion Social and racial injustice have deep roots. The Select Soard adopted Diversity, Equity & Inclusion as one of the Towri s top priority goals,including a commitment to develop and implement a comprehensive racial equity plan, consider racial and other equity impacts in all decisions and planning processes, and incorporate the goals of Town Meeting's systemic racism resolution in each department's goals and objectives. Accomplishing these goals will require staffing and budgetary commitments and a continuing commitment to engage in ongoing community conversations to better understand the community , all with the goal of making Lexington a truly safe, equitable, and just community for all. The following steps were taken toward furthering that goal: The Town of Lexington hired a Chief Equity Officer (CEO) reporting to the Deputy Town Manager to lead the Town in achieving these goals while prioritizing community engagement. The CEO has focused on expanding the applicant pool for Town staff positions,to ensure hiring and retaining staff of diverse backgrounds and identities. The Town has adopted a diversity hiring policy and enhanced the existing hiring process to include an equity lens. The CEO published the results of an employee demographics survey based on race, gender, age, salary and length of service and compared that data to historical hiring trends. The CEO initiated a series of community engagement and communication programs including: • Forming the Strategic Equity Advisory Team (SEAT) with broad representation of Lexington's diverse communities; • Participating on the COVID-19 Effects on Persons with Disabilities working group, in consultation with the Human Rights Committee and the Cornrnission on Disability; • Launching the Coffee with the [Police] Chief program to foster better understanding and communications between the community and the Police Department. • Creating a centralized resource page on the Town website linking all equity- related resources, and learning opportunities: LexingtonMA.gov/DEI The Lexington Police Department (LPD) has completed the implementation of 30 of the 32 policy change recommendations Lexington Town Counsel (Anderson & Kreiger LLP)'s report on Police policies. The LPD is in the process of implementing the remaining 2 policy change recommendations. The Police Chief and department are committed to implementing the recommendations of the report and to continuous and ongoing improvement in this area. Police Station Project The Lexington Police Station, originally built in 1955, is inadequate in both size and condition to serve the needs of the Police Department (LPD) and Lexington residents. Project planning to replace the building began in 2011. Town Meeting appropriated funding for a feasibility study in 2016, and design in 2018. In the wake of a national debate on policing in 2020, the Select Board paused further funding and design development to allow the Lexington community to have additional comprehensive conversations about the future of policing. Select Board Members Joe Pato and Doug Lucente presented the "Report on Community Feedback on Police Station Project and Policing in Lexington in two parts. Part one (July 2021)focused on community feedback specific to the construction of a replacement police station. Part two (October 2021) examined feedback focused on how the police operate in Lexington. The report represented the compilation of comments by Lexington community members collected over a three-month period. While some direct concerns were addressed, generally, community members were very supportive of our Police Department and of proceeding with replacing the Police Station. Feedback specific to replacing the Police Station was clear -the community wants a Police Station that serves both the Police Department and the entire community. In light of the findings in the report, the Select Board voted to authorize the Town Manager to re-engaged the architectural firm, Tecton Architects, to proceed into the Design Development Phase of the project. In October 2021, the Select Board stated its preference for proceeding with a building designed that is flexible, inclusive and welcoming. In March 2022 Town Meeting passed Article 2 of the 2022-1 Special Town Meeting for construction of a new police station. On June 6, 2022, 12.5% of Lexingtori s voters turned out for a Debt Exclusion override vote on construct funding for the new police station. 56.7% of the voters supported the project. Construction is expected to start in late summer of 2022, and continue for about 18 months.The Lexington Police Department will operate out of temporary headquarters at 173 Bedford St. during demolition and construction. Several attempts were made to relocate the Hosmer House from its current location to make room for the new Police Station construction. In Spring 2022, the Town issued a Request for Proposals (RFP) for the sale and relocation of the Hosmer House. The Town received one responsive bid, which proposed relocating and renovating the house at a property on Waltham Street adjacent to Route 2, with an 800 square foot addition. The Select Board unanimously supported the proposal. The final project plan for the Hosmer House is expected to be reviewed by the Historic Districts Commission, the Historical Commission,the Zoning Board of Appeals and the Planning Board for further approvals. SELECT BOARD TOWN OF LEXINGTON ��. ,�%'�� ,°/`,�, `�'.\ � � � � \ �a ....._. _ _,,. _..�__ . � � i �'"«�� `�� ', � � � 'I1 � � � � d�� ,, � w '� ` � � ' �— �; / � `�,� � ��, /�� -'� " 'n' �� ,: � ' �. , °� ` A��'��N��" � �°�� „ � � "� ',, �� ' �,�,��="'', ...�. .�"�"��"!�1�;...,,,.. SELECT BOARD REPORT TO THE 2023 ANNUAL TOWN MEETING MARCH 20,2023 Select Board: Jill I. Hai, Chair; Douglas M. Lucente, Vice-Chair, Joseph N. Pato, Suzanne E. Sarry, Mark D. Sandeen Kim Katzenback, Executive Clerk Table of Contents Message from the Select Board Page 1 Select Board Goals Page 2 Budget Challenges FY2024 and Beyond Page 2 American Rescue Plan Act (ARPA) Page 3 Social Racial Equity Initiatives Page 4 Municipal & School Building Projects Page 5 Update on recent Home Rule Petitions Page 7 2025: The 250th Anniversary of the Battle of Lexington Page 8 �4��MCbdi/pf��,�.. C��/�� 0„�:: Y �� d'�9�, ��' �� ,�� ; ni�dt9'" � `''��'7C!IVG"f��. March 2023 Message from the Select Soard The Select Board has prepared this written report to Annual Town Meeting 2023 under Article 2. This report contains an update to Town Meeting on issues and topics the Board felt would be of interest to Town Meeting Members. This year we have included a summary of the Select Board's Goals, as set bi- annually and the progress which is being made toward thern. Additional topics include updates on the Towri s use of and balance remaining from American Rescue Plan Act (ARPA) funds and other municipal finance initiatives,continuing efforts to move forward with our Social Racial Equity Initiatives, an update on Municipal Building Projects,an update on the status of recent actions at Town Meeting regarding Home Rule Petitions and the progress on the Semiquincentennial (250t11) Celebration of the Battle of Lexington coming in 2025. Should you have any questions or comments regarding this report, the Board encourages you to get in touch with any member of the Board. Select Board meetings are generally held Monday evenings at 6:30pm in the Select Board meeting room of the Town Office building, and via zoom. Board members' office hours, as well as the Select Board meeting packets are posted at https://wwwlexingtonma.gov/755/Select-Board. We can be reached via email (below) or by calling the Select Board Office (781-698-4580) to schedule a phone conversation or meeting. • Jill Hai, Chair: ihai@lexingtonma.� • Doug Lucente,Vice-Chair: dlucente@lexingtonma.gov • Joe Pato: jpato@lexingtonma.gov • Suzie Barry: sbarrv@lexingtonma.gov • Mark Sandeen: msandeen@lexin tog nma• o�v Respectfully submitted, Lexington Select Board Jill L Hai, Chair Douglas M. Lucente, Vice-Chair Joseph N. Pczto Suzanne E. Bara�y Mark D. Sandeen 1 Select Foard Goals The Select Board established the following five strategic outcome areas for FY2022 &FY2023 to use as road map to help guide the collaborative work of the Board,Staff and Committees. Community Compass Lexington is a visionary and sustainable community that values and respects all people, history, and community assets, by: • Celebrating and fostering our differences in belief, culture, and ability • Creating effective,respectful two-way communication • Continuing opportunities to create and share history • Maintaining and improving our physical assets Livable Lexington Lexington provides opportunities for all people to participate in community activities and benefit fi�om Town services tl2at are affordable, accessible, and responsive, by: • Increasing opportunities for and utilization of safe multimodal transportation • Actively seeking development of affordable and accessible housing • Providing financial opportunities and support to enable lifelong residency Quality Services Lexington delivers quality municipal se�vices, infrastructure, and c�menities for all by: • Ensuring the health, safety, and well-being of our community • Balancing the financial impact of existing services and infrastructure with planning for future needs • Valuing and respecting Town staff • Effectively engaging Boards and Committees • Maximizing sustainability and resilience while mitigating negative climate impacts Fiscal Stewardship Lexington is committed to fiscal stewa�dship, which indudes: • Long-term capital and fiscal planning • Responsible financing and debt management . Providing staff and resources necessary to deliver quality services . Ensuring strategic priorities are met Pudget Challenges FY2024 and Peyond Developing the FY2024 budget for the Town of Lexington presented several challenges for the Select Board. One of our primary concerns was balancing the needs of the community with the available resources while also addressing critical infrastructure and capital projects.We are committed to ensuring that the budget we develop reflects the priorities and values of our community, and we worked closely with Town Departments and Committees to identify areas where we could make strategic investments while also controlling costs. One of the major challenges we faced this budget cycle was dealing with inflation and the resulting increased expenses in the areas of energy costs,waste management increases, and employee health benefits.We continue to budget cautiously and conservatively,taking these increased expenses into account. Given our limitations,we allocated funds toward a few new initiatives this year including funding to support our public access television, LexMedia, due to decreased Public Educational Government access channel (PEG) revenue, ongoing maintenance for the new Center Streetscape and 2 sidewalk infrastructure, and additional support to our Human Resources Department to help service the needs of all municipal and school employees. Additionally,we recognized that while we have made great strides in recent years,there is still much work to be done to maintain and improve our Town's infrastructure. This is a priority for the Select Board, and our FY2024 budget reflects this commitment. We have allocated funds for a number of road and sidewalk projects.We also allocated funds to support our excellent school system and special education needs,and we are continuing our efforts to promote sustainability and environmental stewardship, including expanding our recycling program and investing in renewable energy projects. In addition to these initiatives,we are also committed to maintaining our AAA bond rating and avoiding operating overrides. We recognize the importance of continuing our building reserves in the Capital Stabilization Fund to ensure that larger capital projects and future debt service do not place an unmanageable burden on taxpayers, and we are working to identify opportunities for cost savings and revenue growth to ensure the long-term financial health of our Town. Budgeting can be a complex and difficult process, and we are grateful for the support and engagement of our colleagues on the School Committee,the Appropriation Committee and the Capital Expenditures Committee as well as residents as we work through these challenges. We are grateful to the municipal and school staff who work diligently to help bring this budget to Town Meeting. We are committed to ongoing evaluation and refinement of our budgeting process,with a focus on identifying areas for cost savings and revenue growth. We believe that with collaboration and careful planning,we can continue to meet the needs of our community while also maintaining our fiscal responsibility. The Select Board recognizes the challenges we face in developing the FY2024 budget and beyond,but we are committed to addressing these challenges.We appreciate the support of our residents,and we look forward to continuing to serve Lexington in the year ahead. American Rescue P1an Act (ARPA) Funding In 2021,the Town of Lexington received$9,903,381 in funding through the American Rescue Plan Act (ARPA) to help the community recover from the COVID-19 pandemic. The federal government has specified several objectives for the use of ARPA funds, such as supporting COVID-19 response efforts, economic stabilization, and investing in infrastructure, including water, sewer, and broadband. Certain uses of funds are not eligible, such as replenishing reserves and reducing tax revenues. . To ensure that the ARPA funds are used to address the immediate needs of residents and businesses in areas such as housing,food insecurity, public health and safety, and economic stimulus,the Select Board has identified priorities for ARPA spending and a participatory budgeting process. As of December 5,2022,the Select Board has approved for use$5.4 million of Lexingtori s $9.9 million in ARPA funds. Additionally, $1.1 million of the Town's ARPA funds are set aside for Participatory Budgeting. The current unallocated balance of the Town's ARPA funds is$3.3 million,which is available to be spent until the end of 2024. A top priority of the Select Board was spending in the area of Economic Stimulus &Resiliency. To that end, the Select Board has approved a total of$2.4 million in funding for various cultural organizations, events,park improvements, small business assistance,pop-up business incubators,website rebuilds, non-profit business assistance, and landscape improvements to the East Lexington bike path. In addition,the Select Board has allocated$1.1 million for public safety and health,including funding for equipment like respirator protection, electronic sign boards,AED devices,and an ATV ambulance,as well as additional overtirne and mental health services to aid in COVID-related issues. To address food insecurity,$50,000 has also been allocated. 3 The Select Soard further allocated$875,000 for housing-related projects, including funds for LexHAS to purchase houses,funds to develop a Municipal Housing Trust and Development Corporation proposal, and funds for Vine Street Affordable Housing Design. The Select Board has also approved$321,609 for pandemic-related expenses, including additional staffing for the Human Resources Department, solutions for remote/hybrid meetings, and outdoor shelters for the Recreation Department. To ensure that the community has a voice in the allocation of the ARPA funds, the Select Board has implemented a Participatory Budgeting (PB) process. This democratic process allows residents to propose and vote on projects that will be funded using a portion of the ARPA funds. The PB process for FY2023 in Lexington has taken place over the past several months and is currently in the Voting Phase. The Town received 136 project submissions. The Select Board narrowed the list down to 13 projects that met the criteria,including being able to be completed within a year,benefiting the community, and being able to be funded within the allocated budget. These projects range across various categories, including Transportation,Streets, and Sidewalks;Arts &Culture;Parks and Recreation; Environment & Sustainability; and Public Health. Social Racial Equity Initiatives The Select Board recognizes that social and racial injustice has deep roots.The Board has made a proactive and ongoing commitment to engage in comprehensive and ongoing community conversations to better understand community needs and to consider diversity, equity, and inclusion in policies and plans, all with the goal of making Lexington a truly equitable community for all. The Select Board has adopted Diversity, Equity & Inclusion as one of its top priority goals, including a commitment to develop and implement a comprehensive racial equity plan, consider racial and other equity impacts in all decisions and planning processes, and incorporate the goals of Town Meeting's systemic racism resolution in each department's goals and objectives. The Select Board recognizes that accomplishing these goals will require and budgetary commitment to training and continuous improvement. The Chief Equity Officer (CEO) leads the Town in achieving these goals while prioritizing community engagement. The CEO is currently actively focused on expanding the applicant pool for Town staff positions,with the goal of hiring and retaining staff of diverse backgrounds and identities. The CEO also secured a$50,000 Community Compact grant to conduct an internal equity audit to better understand the gaps and barriers that create inequities.The audit will also review policies,survey focus b oups,and work with senior staff to assess their readiness to implement the recommendations of the audit. The Chief Equity Officer also facilitates a series of community engagement and communication initiatives designed to build relationships with cultural groups including: • Forming the Strategic Equity Advisory Team (SEAT) with representatives from as many communities as possible, • Launching the Coffee with the [Police] Chief program to foster better understanding and communications between the community and the Police Department. The CEO facilitated the first Coffee with the Chief session attended by 20 highly engaged residents who were able to ask questions of Chief McLean and other Police Department staff.The CEO is also developing a joint grant application to fund community training and conversation around diversity, equity, and inclusion. The Lexington Police Department (LPD) continues to review the recommended policy changes submitted by Lexington Town Counsel (Anderson&Kreiger LLP). LPD has cornpleted the implementation of 30 of 4 the 32 policy change recommendations. The LPD is awaiting decisions from the POST Commission that will allow our Accreditation Team to collaborate with the CEO to implement the remaining 2 policy change recommendations. The Police Chief and the entire department are committed to implementing the recommendations of the report and to continuous and ongoing improvement in this areas of DEI, community engagement and transparency. Update on Municipal and School Suilding Projects The Board continues to address the issues of maintaining and improving our municipal and school building infrastructure. The following is the current status of Lexingtori s building projects. Westview Cemetery Administration Building Start Date:April 2022 Estimated Project Completion Date: May 2023 Project Sudget: $4,330,000 Funding: ATM 2017 Article 120 /ATM 2020 Article 16k/ STM 2021-1 Article 7 Design funding of $270,000 was approved at ATM 2017. Initial construction funding of $3,290,000 was approved at ATM 2020 under Article 16k Initial construction bids came in higher than the appropriated amount. As a result,Town Meeting approved additional construction funding of$770,000 at STM 2021-1 under Article 7. The Westview project is in the final phases of construction. Rough HVAC, electrical and plumbing work has been completed. The Department of Public Facilities expects project completion by the end of May 2023. Lexington Police Station Appropriation: $34,517,622 Status: Construction start September 2022 Estimated Project Completion Date: Mid 2024 Funding: ATM 2018 Article 14 / STM 2021-1 Article 5a/ STM 2022-1 Article 2/ Pending ATM 2023 Article 16i The new Police Station facility is being constructed in compliance with the Town's Integrated Building Design and Construction Policy to be solar ready in furtherance of the Town's Net Zero goals. The current solar ready police station building design and construction includes all infrastructure including handholes, underground conduit, duct banks, two switch gears (one for the building operations including solar generation and one for electric fleet vehicle charging), automatic transfer switches, a room within the facility for the equipment necessary to support solar power generation, reinforced roof systems for rooftop solar and onsite battery storage. The Select Board voted unanimously to support bringing whatever project is found to be satisfactory to the stakeholders to Town Meeting, with a goal to have the solar project constructed at the same time as the Police Station to maximize ef�iciencies with the site contractor. The Historic Districts Commission has approved an appropriate solar design for review by ATM 2023. Hosmer House Appropriation: $50,000 Funding: STM1 2018 Article 5 / ATM 2020 Article 10m(2) Not approved 5 The Historic District Commission and Select Board approved moving the Hosmer House to an alternate location within Lexington,prior to commencement of the Police Station construction project. The Hosmer House was moved in November 2022 by a private party and relocated to Blossomcrest Road where it is being redeveloped as a home Lexington Fire Department Headquarters Construction Start Date: November 2018 Project Completion Date: October 2020 Project Budget: $19,943,700 Funding: STM 12017 Article 2 / STM 4 2017 Article 4 /ATM 2018 Article 13 The Town has completed the installation of a 41.7 kW solar energy system on the roof of the Fire Station. Old Reservoir Bath House Renovation Appropriation: $620,000 Funding: ATM 2019 Article 14g All initial bids received by the Town exceeded the appropriation approved by Town Meeting. The Department of Public Facilities and Recreation Department staff have developed procurement alternatives required to complete the project. Final engineering work is being completed now with the expectation that the project will be advertised for bid this spring. If those bids are within appropriation, the construction project is expected to begin this fall. Center Bathroom &Maintenance Building Renovation Appropriation: $1,180,000 Funding: ATM 2020 Article 16b / ATM 2021 Article 16g/ ATM 2022 Article 10e/ STM 2022-3 Article 5 2020 Annual Town Meeting approved$100,000 in design and engineering funds for the Center Bathroom building renovation project. At the 2021 Annual Town Meeting, the Select Board recommended indefinite postponement of warrant article 16g requesting$915,000 in construction funding to a future Town Meeting. 2022 ATM approved warrant article 10e requesting$680,000 in additional funding for this project. STM 2022-3 approved warrant article 5 requesting$400,000 in additional funding for this project. The Town recently received a successful general contractor bid of$815,000 for this project. A meeting with the contractor,Recreation Department and DPW staff has been set to establish the construction schedule. The project is expected to take 6 months to complete. Lexington High School Feasibility Study Appropriation: $1,825,000 Funding: STM 2022-2 Article 2 The Massachusetts School Building Authority (MSBA) invited Lexington to participate in the MSBA's eligibility period for the Lexington High School in March 2022. Lexington has formed a School Building Committee to manage the MSBA process for the Lexington High School Project. The Town completed the preliminary requirements defined by the MSBA. Lexington received our design enrollment certification from the MSBA stating that the Lexington High School proposed project will be based on an enrollment of no more than 2,395 students in grades 9-12. On March 1,2023, the Lexington High School project was invited by the MSBA Board of Directors into the next Module,the Feasibility Study. The School Building Committee will partner with the MSBA on 6 the process of selecting the Owners Project Manager and the Designer for the project beginning immediately. The expectation would be to have these two important pieces of the team in place by October 2023,whereupon the formal Feasibility Study work will commence. The Feasibility study is expected to be completed by October 2024. The Town of Lexington is currently estimating a total cost for the Lexington High School project of$400 million. Update on recent Home Rule Petitions There are six home rule petition requests approved at recent Town Meetings that remain under consideration by the legislature.No final action has been taken by the legislature on any of these petitions. � STM 2020-2: Article 6 - Authorize Special Legislation Development Surcharge for Community Housing (Citizen Petition) Bill H.4314 (malegislature.gov) An Act authorizing a development surcharge for community housing in the town of Lexington Status: Reported favorably by the Joint Committee on Municipalities and Regional Government. Referred to the committee on House Steering, Policy and Scheduling, reported out for second reading. Second reading on 7/31/2022 and ordered to a third reading. No further action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.3088. htt�s://male�islature.�ov/Bills/193/HD3088 • ATM 2021: Article 26 - Petition General Court to Amend Legislation Regarding Permanent Transportation Funding Bill H.3892 (malegislature.gov) An Act authorizing the town of Lexington to establish transit improvement districts Status: Referred to Joint Committee on Transportation,reported favorably after study. No further action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.2481. https:L/malegislature.gov/Bills/193/HD2481 • ATM 2021:Article 29- Clean Heat-Authorize Special Legislation to Regulate Fossil Fuel Infrastructure and Adopt Bylaw Amendment Enabling Legislation Bill H.3893 (male�islature.�ov1 An Act authorizing the town of Lexington to adopt and enforce local regulations restricting new fossil fuel infrastructure in certain construction Status: Referred to Joint Committee on Telecommunications,Utilities and Energy No further action by the end of the legislative session. 7 The need for this home rule petition has been largely made moot by Chapter 179 of the Acts of 2022 authorizing a demonstration program for municipal regulation of fossil fuels in new construction. Lexington is one of the ten communities identified as eligible to participate in the Department of Energy Resources regulations implementing these provisions in the Climate Bill. • ATM 2021:Article 36 -Authorize Special Legislation-Development Surcharge for Affordable Housing (Citizen Petition) Bill H.3891 (malegislature.gov) An Act to establish a surcharge on specific commercial development activities for the purpose of funding the creation of community housing Status: Passed by the House but did not reach a third reading in the Senate. No further action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.3085. https://malegislature.gov/Bills/193/HD3085 � STM 2022-2:Article 3-Amend General Bylaw to Allow Remote Participation at Hybrid Town Meetings Bill H.4876 (malegislature.gov� An Act authorizing the town of Lexington to allow remote participation at town meetings Status: Reported favorably by the committee on Election Laws and the committee on House Steering,Policy and Scheduling. Concluded a second reading and ordered for a third reading. No further action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.118. https://male�islature.�ov/Bills/193/HD118 • STM 2022-3:Article 14-LEXHAB Reorganization Filed in the 193rd (Current) session of the legislature as Bill HD.119. An Act reorganizing the Lexington Housing Assistance Board, Inc https://malegislature.g;ov/Bills/193/HD119 Status:No action yet taken. 2025: The 250th Anniversary of the Battle of Lexington The Semiquincentennial Commission (Lex 250) continued their work on helping the Town of Lexington plan events for the 250th Anniversary of the Battle of Lexington and Concord. Accomplishments in the past year included a jury selecting a logo for the 250th from student submitted artwork,producing a video in collaboration with LexMedia that is shown on a monitor at the Visitor's Center,working with Town Counsel on securing trademark protections,working on preliminary public relations guidelines, holding two community kickoff ineetings to make residents aware of the events and encourage groups and residents to get involved, secured$75,000 in initial funding from Special Town Meeting in November 2022 to be used towards a dedicated website,memberships, printing and promotional rnaterials. 8 AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Temporary On-Street Parking- 75 Fottler Avenue ITEM PRESENTER: NUMBER: Jim Malloy, Town Manager L12 SUMMARY: Category:Decision-Making The property owner at 75 Fottler Avenue has received a special permit from the ZBA to expand the home. As part of the special permit, the ZBA required that the applicant receive a permanent approval from the Select Board to continue parking on the street. The house currently has no driveway and they park on the street. Both the Chief of Police and DPW Director have indicated a concern with this type of a permanent approval to park on-street. The Town Manager has met with the property owner to review options and the property owner is pursuing the option(attached)that would provide a small driveway to park off-street. This driveway would be constructed as part of the overall construction project and the property owner has requested to continue parking on the street until it can be completed. The Town Manager is recommending that the on street parking be allowed through June 2024 and that it be completed prior to the issuance of the certificate of occupancy on the addition to home. SUGGESTED MOTION: Move to approve allowing the property owner at 75 Fottler Avenue to continue parking on street, in the same area currently used for parking, through June 30, 2024 and that the off-street option(attached) is completed prior to the issuance of a certificate of occupancy on the addition to the house. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 8:40pm ATTACHMENTS: Description Type ❑ 7`;�^rcFttiw,rc[bva nnva;4J��]t`�bd�,e;9 Ifnaa�d��ri;;��l�una,nu �krv��C��i�;nri,, o�oQ- ��za -� $� pg _ ao � p � Ep � =Nd�nUk� � o `V�6 - - ��%� �4$� �4 a�� g� ? N��g�z�� '_^ Y�op� - ;� ow c�� Z 4PD = ��..8}Nh �LL ' _ w ' �� czt � e �a'� � �� Q U� ��a i Q g a $g � i�� ga a�§so �"� a N o wp U�2 m � � � �'`e y �p€� � ��e&�, PES� U z Q w O �oY g _ �� I �� '�7 �i� Z— N Z �6 � �� — � � � �� o z� �a .a� � �N � � �� s�nrn �� a� �o o aw, � 3�� —�i �, .a��a Y � � O�. II � @ z2 ._„, � N— a e a � � H � � � .. 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Q � � � i � � �QLLo � 7 e . �m � �i � �i � ��aax�a o��zoo T � �n � � � �8�� 1 �� t�p' � �� _ � - 1 � �i,c �$ � W ` wn,m S xm.a> � � ��dQU�RIWnd�Gp2 ~ 6U��NQ�OQV1��()w �§ � "� � g� � Z �Q�UQODU�(I1�71�iw� AGENDA ITEM SUMMARY LEXINGTON SELECT SOARD MEETING AGENDA ITEM TITLE: Approve Townwide Policy for Paid Parental Leave ITEM PRESENTER: NUMBER: Jim Malloy, Town Manager L13 SUMMARY: Category:Decision-Making Attached please find the Paid Parental Leave Policy the Board has previously reviewed and approved in executive session. As the Board is aware, during negotiations with some of the Town's unions during recent negotiations, this became an issue with some of the unions. The Select Board made it clear that any policy should be applicable to all employees of the Town, not specific unions. The HR Director established a working group that consisted of all unions to develop this policy that would provide this as a benefit to all employees (union and non-union). SUGGESTED MOTION: Move to approve the Paid Parental Leave Policy(Adininistrative Directive#34) as attached. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/10/2023 8:SOpm ATTACHMENTS: Description Type ❑ Q�a�xa�➢�axna�rrdav�Tl��;r��e;ll°�ztu�;g �hrva•rrC"Ila:uncr d ]�eaflNuat�;��uu��afl�rCa��ar,��➢�r>t`�alF�rn�°aCi�ru�:�; �zr�a°�rl4la�� s �avwh,� � o77S sa ,,„ ....,rv�.... ,„ � � � _ � � �, � =�� T> -� �� Town of Lexington � AI+kRL I"a"' ��'� �`� Administrative Directive #34 Paid Parental Leave Created: 03/2023 Effective: July 1,2024 Revised: Approved by: Replaces: James J. Malloy, Town Manager * This policy is applicable to all municipal employees of the Town of Lexington. FoN those employees covered by Collective Bargaining Agr�eements, the provisions of the CBA, which are subject to negatiation,p�evail over the language in this policy (i.e. discipline). Any changes made to this policy that apply to sections subject to collective bargaining will be sent to the appropriate union prior to implefnentation. A. PURPOSE The purpose of this policy is to promote the health and wellness of our einployees and their families by providing paid time off for Town employees for the caring of, and bonding with, a child added to their immediate family. B. ELIGIBLE EMPLOYEES L This policy applies to individuals who have been employed by the Town of Lexington in a benefits eligible position (i.e. eligible for health insurance) for at least 12 consecutive months or 52 consecutive weeks without any break in service. 2. If both parents are employed by the Town and meet the eligibility criteria set forth above, each employee is separately entitled to up to 12 weeks of Paid Parental Leave. If both parents are einployed in the same department, the supervisor will work together with the parents to plan their leaves in a way that will not unduly burden the deparhnent. 3. The eligible employee will experience an Event on or after the effective date of this policy. 4. Eligibility for Paid Parental Leave ends if an employee transfers to an ineligible position. 5. Paid Parental Leave is not paid out upon separation from employment with the Town and cannot be donated to other employees. C. POLICY 1. Event Definition • "Event" means the addition of a child under the age of 18 (or under age 23 with a physical or mental disability) to the employee's family through childbu-th, surrogacy, adoption, foster care placement, or other legal status or placement. • "Event" also includes stillbirth occurring 20 or more weelcs into the pregnancy. • "Event" does not include the adoption of a new spouse's children following marriage. • The birth, adoption or foster care placement of multiple children at the same time constitutes only one "Event". 1 2. Paid Leave Periods Eligible employees may take Paid Parental Leave in one of two ways: • One Continuous Period — Eligible employees may take one continuous period of time totaling up to 12 weeks; or • Two Continuous Periods — Eligible employees make take two continuous periods of time provided that the two continuous periods of time combined total no more than 12 weeks. All Continuous Period of Paid Parental Leave must be completed within one year of the Event. 3. Parental Leave Pay Rate For Paid Parental Leave, eligible employees receive: • 100 percent of regular wages based on regular work hours for the first 3 weeks of leave; • 75 percent of regular wages based on regular wages for the following 3 weeks of leave; and • 50 percent of regular wages based on regular work hours for the remaining 6 weeks of leave. 4. Supplementing Paid Parental Leave with Other Leave Benefits In accordance with the employee's collective bargaining agreement or Town policy, eligible employees may use accrued time (i.e. sick, vacation, personal or compensatory) as a supplement in order to receive up to 100% of their regular wages based on regular work hours during any weelcs that Paid Parental Leave alone provides less than 100% of regular wages based on regular work hours. At no time may an employee receive more than 100% of their regular wages based on regular work hours. 5. Concurrent Leave Any paid time off under this Paid Parental Leave Policy will run concurrently with available leave under the Family and Medical Leave Act (FMLA), the Massachusetts Parental Leave Act (MPLA) as well as any leave afforded by a collective bargaining agreement or other Town policy. • Employees must comply with the notice and documentation requirements necessary for FMLA and MPLA leave. • Employees may only use other accrued paid time off consistent with the requirements of their respective collective bargaining agreement or applicable Town policy. 6. Other • Sick and vacation leave continue to accrue during Paid Parental Leave. • An employee's performance review date will not be impacted by Paid Parental Leave. D. PROCEDURES Advance and Effective Notice Required All Paid Parental Leave requires effective notice froin the employee and approval from the Human Resources Department. Effective notice is given when the employee submits all of the following to the Human Resources Department at least 30 days before the Event: • A written request to use Paid Parental Leave; • A written designation of the choice to take Paid Parental Leave in one continuous period or 2 in two continuous periods of time; and • The anticipated start date and duration of the requested Paid Parental Leave. If exigent circumstances make it unreasonable to provide 30 days' advance notice, employees must provide notice as soon as practicable. Failure to provide appropriate notice may delay the consideration or approval of the request. The Human Resources Department may request appropriate supporting documentation to determine whether the leave can be approved. In these circumstances, Paid Parental Leave will not be approved until the employee submits the requested information. 3 yl5 MfyR,�,� p4`� �7f5 �Gr C� � 5�'�'�" �� araut rt�^ �'"�k 1 PVl��4� Town of Lexington Acknowledgement of Receipt of Administrative Directive #34 Paid Parental Leave Name• Department• Division• Job Title: This form acknowledges that I have received and reviewed a copy of the Town of Lexington's Administrative Directive #34, Paid Parental Leave, and that this signature sheet will be placed in my personnel file in the Town Manager's Office. I understand that I will be held responsible for complying with the provisions of these guidelines and understand that any actions which are found to violate the terms of this policy may result in disciplinary action*, up to and including termination of employment. Employee's Signature : Date: *Thi.rpolicy is ap�5licable to all enployees of the Toaa�n of�Lexington. For tho.re emplayee.r covered by Collective Bargaining Agreement.r, the j�ravi.rian.r of the CBA, �ar6�ic��are.rubject to nego�iation prevail over the language in t.hi.r policy (i.e. di.rcipline�. Any changes mdcle to this policy that apj�ly to.reclion.r that are suE�ject to collective ba aainin� zvill be.rent to the appropriate union prior to i��le7nentation. 4 \�j,�,y5 Mpqh,� o�" �175 �'o � o� � z� ^ g S /x G w� � � y a^ Town of Lexington aAra��,r.,. `fiX'�``�°`� Administrative Directive #34 Paid Parental Leave Created: 03/2023 Effective: July 1,2024 Revised: Approved by: Replaces: James J. Malloy, Town Manager * This policy is applicable to all municipal employees of the Town of Lexington. For those e�nployees covered by Collective Bargaining Agreements, the provisions of the CBA, which are subject to negotiation,��evail ove1�the language in this policy (i.e. discipline). Any cha�ages made to this policy thczt czpply to sections subject to collective ba�gczining will be sent to the appropriate union prior to implementation. A. PURPOSE The purpose of this policy is to promote the health and wellness of our employees and their families by providing paid time off for Town employees for the caring of, and bonding with, a child added to their immediate fainily. B. ELIGIBLE EMPLOYEES 1. This policy applies to individuals who have been employed by the Town of Lexington in a benefits eligible position (i.e. eligible for health insurance) for at least 12 consecutive months or 52 consecutive weeks without any break in service. 2. The eli�ible einploy�e will experience an Event on or aft�r the effective date of this polic� � :�.If�PN*��--��two em�layees will experience th� sam� Event and each meets the eligibility criteria set forth above, each employee is separately entitled to up to 12 weeks of Paid Parental Leave. If both �are employed in the same department, the supervisor will work together with them �to plan their leaves in a way that will not unduly burden the department. � • 4. Eligibility for Paid Parental Leave ends if an employee transfers to an ineligible position. 5. Paid Parental Leave is not paid out upon separation from employment with the Town and cannot be donated to other employees. C. POLICY 1. Event De�inition • "Event"means the addition of a child under the age of 18 (or under age 23 with a physical or mental disability) to the employee's family through childbirth, surrogacy, adoption, foster care placement, or other legal status or placement. • `Bvent" also includes stillbirth occurring 20 or more weeks into the pregnancy. • `Bvent" does not include the adoption of a new spouse's children following marriage. • The birth, adoption or foster care placement of inultiple children at the same time constitutes only one "Event". 1 2. Paid Leave Periods Eligible employees lnay take Paid Parental Leave in one of two ways: • One Continuous Period — Eligible employees lnay take one continuous period of time totaling up to 12 weeks; or • Two I�on-Conti u� ous Continuous Periods — Eligible employees make take two ��nRQRsse�arate periods of time tatalin� na more than twelve weeks, each of whieh must be taken in a continuous block. �,.,�,�;�,o,� �,.�ni ,� v ��,n�, ,� , ooirr iUhether taken in one or twa t�eriods, the rate st ct e defined in Sectian 3 a��lies to the total leave, not each�period. All Continuous Periods of Paid Parental Leave must be completed within one year of the Event. 3. Parental Leave Pay Rate For Paid Parental Leave, eligible employees receive: • 100 percent of regular wages based on regular work hours for the first 3 weeks of leave; • 75 percent of regular wages based on regular wages for the following 3 weeks of leave; and • 50 percent of regular wages based on regular work hours for the remaining 6 weeks of leave. 4. Supplementing Paid Parental Leave with Other Leave Benefits In accordance with the employee's collective bargaining agreement or Town policy, eligible employees may use accrued time (i.e. sick,vacation,personal or compensatory) as a supplement in order to receive up to 100% of their regular wages based on regular work hours during any weeks that Paid Parental Leave alone provides less than 100% of regular wages based on regular work hours. At no time may an employee receive more than 100% of their regular wages based on regular work hours. 5. Concurrent Leave Any paid time off under this Paid Parental Leave Policy will run concurrently with available leave under the Family and Medical Leave Act (FMLA), the Massachusetts Parental Leave Act (MPLA)as well as any leave afforded by a collective bargaining agreement or other Town policy. • Employees must comply with the notice and documentation requirements necessary for FMLA and MPLA leave. • Employees may only use other accrued paid time off consistent with the requirements of their respective collective bargaining agreement or applicable Town policy. 6. Other • Sick and vacation leave continue to accrue during Paid Parental Leave. • An employee's performance review date will not be impacted by Paid Parental Leave. D. PROCEDURES Advance and Effective Notice Required All Paid Parental Leave requires effective notice from the employee and approval from the Human Resources Department. 2 Effective notice is given when the employee submits all of the following to the Human Resources Department at least 30 days before the Event: • A written request to use Paid Parental Leave; � A written designation of the choice to take Paid Parental Leave in one continuous period or in two continuous periods of tiine; and • The anticipated start date and duration of the requested Paid Parental Leave. If exigent circumstances malce it unreasonable to provide 30 days' advance notice, employees must provide notice as soon as practicable. Failure to provide appropriate notice may delay the consideration or approval of the request. The Human Resources Department may request appropriate supporting documentation to determine whether the leave can be approved. In these circumstances,Paid Parental Leave will not be approved until the employee submits the requested information. 3 `�u5 MOq�,i pp �775 tic �' � a S� W A 3 z.a� APRIL 19"' �FxirvoT�� Town of Lexington Acknowledgement of Receipt of Administrative Directive #34 Paid Parental Leave Name• Departmenr Divisiom Job Title: This form acknowledges that I have received and reviewed a copy of the Town of Lexington's Administrative Directive #34, Paid Parental Leave, and that this signature sheet will be placed in my personnel file in the Town Manager's Office. I understand that I will be held responsible for complying with the provisions of these guidelines and understand that any actions which are found to violate the terms of this policy may result in disciplinary action*, up to and including termination of employment. Employee's Signature : Date: *Tlii.r policy i.r applicable to all e�eployee.r of the To�a�n of Lexington. For tbo.re emj�loyee.r coverecl by Callective BargainingAgreemenl.r, the j�rovision.r of the CBA, zvhich are subject to negotiation prevail over the language in this policy (i.e. di.rcipline). Any changes mar�e to thi.r policy tbat apply to.rections that are.rubject to collective bargainino, avill be sent to the approp�i�zte union p�ior to implementation. 4