HomeMy WebLinkAbout2023-08-07 SB Packet - Released SELECT BOARD MEETING
Monday, August 7, 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 speaker is
limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
4580 if they wish to speak during public comment to assist the Chair in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Announcements and Liaison Reports
TOWN MANAGER REPORT
1. Town Manager Weekly Update
CONSENT AGENDA
1. Approve Select Board Committee Appointments
• Housing Partnership Board:
o Nanette Byrnes
o Margaret Heitz
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Review Sealer of Weights and Measures Proposed Fee Increase 6:40pm
2. Approve Use of HOME Investment Partnership Program(HOME) Funds for 6:50pm
Rental Assistance
3. Update to the Select Board on the Bike-Friendly Report Card 6:55pm
4. Review and Approve Traffic Safety Group's Recommendation to Revise the No- 7:05pm
Parking Area on Worthen Road
5. Review and Approve Massachusetts Water Resources Authority (MWRA) Sewer 7:15pm
Bond
6. Approve Community Preservation Committee's (CPC) Execution of Grant 7:25pm
Agreements
7. Review Proposed Process for Appointing a Lexington Representative to the 7:35pm
Minuteman School Committee
8. Discuss Proposed Updates to Select Board Procedures, Policies and Regulations 7:45pm
Manual
9. Discussion on Select Board Goal Setting Process 8:00pm
ADJOURN
1. Anticipated Adjournment 8:30pm
Meeting Packet:https://lexington.novusagenda.com/agendapubhe/
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An Act Relative to Extending Certain State of Emergency
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The next regularly scheduled meeting of the Select Board will be held on Monday, August 21, 2023
at 6:30pm via hybrid participation.
Hearing Assistance Devices Available on Request Lege-la
All agenda time and the order of items are approximate cmd
subject to change. Recorded by LeNedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Announcements and Liaison Reports
PRESENTER: ITEM
NUMBER:
Select Board Members
LR.1
SUMMARY:
Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment
on any additional points or concerns. There are currently no written updates or announcements for the August
7, 2023 meeting.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
T M.1
SUMMARY:
Attached please find the following weekly updates from the Town Manager:
. July 28, 2023
. August 4, 2023
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023
ATTACHMENTS:
Description Type
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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 28, 2023
RE: Weekly Update
The following is an update of activities for the week ending July 28, 2023:
Town Manager__ Updates:
• Attached please find the response sent to Hanscom AFB regarding the Childcare Center planned
construction at Hanscom.
• When the Select Board discussed ARPA funding a few weeks ago, there was some discussion
regarding the status of the participatory budgeting projects and that after completion of these
projects, the Board may have a different view point on the success or failure of this process. Sean
Dugan put together the following update of the projects that were funded through the participatory
budget process:
Participatory Budgeting Project Update (July 26, 2023):
• Flashing lights at crosswalks
o Engineering has done preliminary data collection (basic survey), and are negotiating a
contract for design with TEC, who did design for our rectangular rapid flashing beacons
(RRFB) installations on Maple St., Maguire Rd., and Marrett Rd.
• Dog park
o DPW, Recreation, and Conservation have reviewed 300+ Town-owned properties and have
identified 3 potential locations. Site walks at these locations will take place on July 27, and
staff will work to identify which site is most appropriate for this use.
• Picnic tables and benches
o Purchase orders for the benches and picnic tables will be submitted this week.
• Conservation improvements
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
o Conservation has worked with Liz Mancini to issue the invitation to bid, and they are
currently evaluating price proposals in order to execute a contract to advance meadow
preservation improvements, including invasive species management and native species
plantings, by approximately 20 acres, depending on the final bid cost per acre.
o Meadow Preservation activities will be prioritized at the following conservation areas:
Chiesa Farm (implement the recent recommendations in the approved Chiesa Farm Field
Management Plan and support on-going volunteer steward efforts); Dunback Meadow
(Supplement the current efforts of volunteer stewards to restore the abandoned garden area
and improve the heavily invaded oriental bittersweet viewscape along Allen Street); Parker
Meadow (Expand upon the ADA Improvement activities by restoring additional meadow
areas outside the work limits); Poor Farm, and Juniper Hill .
• Also, during the last discussion on ARPA, the Board discussed establishing a more formal budget
for Sustainability and Equity functions. James Robinson, Management Fellow provided the
attached comparisons with other similar communities on both Sustainability Office budgets and
Equity Office budgets that we will use for the FY25 budget process to consider Program
Improvement Requests (PIRs).
• Noise Bylaw Update— I've attached an updated version with some changes from the last Select
Board meeting as well as a comparison from the bylaws from nearby communities that Lexington
typically uses as comparisons to give the Select Board an idea of what standards have been set in
the region.
• Attached please find the agenda tracker for upcoming Select Board meetings.
Public Health:
• On Friday July 28"' Health Director Joanne Belanger will be participating in Outbreak! as part of a
panel of local Public Health officials. Outbreak!is an interactive, challenging and fun program
designed to introduce high school students to the history and importance of public health. It allows
students to learn about all aspects of public health from Public Health Professionals working in the
field. This program is in its I Ith year and was developed by the Trustees of the Public Health
Museum in Tewksbury Ma., the first Public Health Museum in the United States!
Land Use, Housing and Development:
Planning
• Planning Board Regulations—The Planning Board is working on amendments to various sections
of their Regulations to reflect recent zoning changes. The public hearing was opened on July 19
and continued to August 9. One of the changes includes stormwater improvements for
redevelopment on small lots. This will also require a public hearing and an update to the Select
Board's Stormwater Regulations. Staff is working to get this before the Select Board. Updated
drafts will be in Novus.
Public Works:
• Municipal Vulnerability Preparedness Program (MVP)—Attached please find a memo from John
Livsey, Town Engineer and Karen Mullins, Conservation Director providing an update on the
MVP Program since inception in 2018 and the work that has been undertaken by various Town
staff.
• Attached please find an update from the MWRA on the new NPDES Permit the MWRA is
anticipating from the USEPA. The major change is that instead of just listing the MWRA as the
permittee, the USEPA is including all of the member communities as co-permittees. This will
make the member communities more responsible for MWRA activities and vice versa in relation to
compliance with the overall permit. Staff is working with Town Counsel to submit comments by
the August 30 deadline date.
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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
July 26, 2023
Jim Maravelias
66 ABG/CEIE
120 Grenier Street
Hanscom AFB, MA 01731-1910
RE: . Child Development Center
Dear Mr. Maravelias:
Please accept the following questions and comments from the Town of Lexington.
Questions:
1. Will the facility be an all-electric facility, with zero-emissions on-site? Will the facility use heat
pumps for HVAC?
2. Will the facility maximize the amount of on-site renewable energy produced both on the rooftops
and the surrounding parking lots?
3. Will the facility be a net zero facility, producing an equal amount of on-site renewable energy than
it consumes on an annual basis?
4. Will the facility be designed to achieve on-site building energy use intensity(kBtu/square foot) of
30% less energy use or better than the current version of ASHRAE 90.1?
5. Will the facility include the installation/maintenance of particulate matter air filters of MERV 13 or
better?
6. Will the facility be designed to meet all of the LEED 4.0 indoor environmental quality standards?
Will the facility be designed to meet the recent CDC guidance for ventilation standards?
7. Will the facility avoid the use of Living Building Challenge Red List substances and materials
"known to pose serious risks to human health and the greater ecosystem"? https://living-
future.org/red-list/
8. Will the facility provide Level 2 electric vehicle chargers in at least 4% of the parking spaces
associated with the facility? Will the facility install electric vehicle charging infrastructure with
appropriate conduits and space for transformers and switchgear to allow for future installation of
1625 MASSACHUSETTS AVENUE-LEXINGTON,MASSACHUSETTS 02420
electric vehicle charging stations to a minimum of 50% of the total parking spaces associated with
the facility?
While this building is not in the Town of Lexington, these are all items the Town of Lexington
considers in the construction of our new buildings.
Comments:
1. The plan proposes new parking and a drop off area that includes angled parking spaces. In front of
the childcare area Hanscom AFB may want to consider a drop off area that doesn't include vehicles
having to back up where small children will be walking and crossing the drive aisle for safety
purposes.
Otherwise, the Town of Lexington does not envision any off-site impacts. Should you have any
questions or require clarification please let me know. We would appreciate a response on the
questions listed above. Thank you.
Sincerely,
g
s . Malloy
Manager
Cc: Lexington Select Board
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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 unwarranted noise jeopardizes thehealth,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,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 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.Relationship to other laws.
Nothing in this by-law shall 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 Is a technique whereby a hole is drilled into the surface of the rock,packed
with explosive material and detonated. The aim of this technique is to induce cracks in the inner geology
of the surrounding rock,in order to remove rock and ledge.
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.101
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.
EQUIVALENT CONTINUOUS SOUND 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.
EXCESSIVE 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.101
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 or repeated exposure to sounds at or 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 1 or 11 sound level meter as specified under American
National Standards Institute(ANSI)standards.
NOISE POLLUTION The condition resulting when a sound source exceeds 85 or more dBA.
PERCUSSIVE 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 equipment.
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 addition,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 breaking,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
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.
(ii) Residents are permitted to operate tools or equipment used in construction,excluding blast hole
drilling,rock breaking 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.m. 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
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morial Day
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Independence Day
Labor Day
Columbus Day(afte-12:00 nn,r alle , d4
Veteran's Day�after1:00 PM
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 for commercial or business purposes
between 11:00 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 musical 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 limited to,air conditioners,pumps,fans,furnaces,compressors,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 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 or otherwise disconnect the power source.If unsuccessful,
an authorized towing agency may be used to remove the motor vehicle to an approved storage area.
The registered owner of the motor vehicle will be 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. 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 time in excess of five minutes
is prohibited.
I. Landscape Noise[Amended 11-8-2021 STM by Ark 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§80-5A,rather than this§80-5H.
(5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and
September 15 to December 30.
(6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in
the Town of 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-stroke 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 not apply to sounds emitted 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.
§80-7.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 property,the noise measurements shall be made
at the boundary of the abutting property 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.
§80-8.Noise mitigation plan for construction.[Added 10-21-2020 STM by Art.31]
(i) A noise mitigation plan prepared by a noise mitigation consultant shall be required prior to the
issuance of a building permit for construction projects in or adjacent to residentially zoned areas
�vherc: _—— Commented[JM1]:Should this apply to all zoning
districts'?
(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 more 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�oisc� The noise mitigation plan may require,at,,- Commented[JM2]:Should there be a specific penalty for
the discretion of the Building Commissioner,regular noise monitoring and reporting to the Building failing to file a plan before initiating work?
Commissioner. 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)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
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 work"). Pneumatic jack-hammers 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 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.341
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 lnspectional Services Departments and the abutters within 300
feet of the lot line. [Amended 3-27-2019 ATM by Art.34]
§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 lnspectional Services Departments,or any designee thereof,shall have power
to enforce this by-awl. _, Commented[JM3]:Should the Fire Department be added
for enforcement. One Select Board member mentioned this
B. Any person who violates any provision of this bylaw,or who is the owner of property on which such but discussion ensued that the Fire Dept permit for blasting
violation occurs,shall be fined an amount not to exceed$38-,
„!NL�per first violation,$4440-�200 for the is under state regulations,not local noise regulations.
second violation,and$299 Y+'Q for the third and each subsequent violation.Fines issued he•r eunder
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.
Regional Noise Bylaw Comparisons
Acton—No local noise bylaw.
Andover— No local noise bylaw.
Arlington—Local bylaw for sounds over 85 dBA
Bedford—Local bylaw limits time only(7 AM—7 PM M-F &8 AM —6 PM on Sat)
Belmont— Local bylaw sets standard to 70 dBA Leq in 10 min interval 50 feet from construction activity
for non-impact devices and 90 dBA for impact devices and sets times from 7 AM—8 PM M-S. From 8
PM—7 AM noise is limited to 55 dBA through 10 PM and 45 dBA from 10 PM —7 AM in Noise Zone I and
65 dBA and 60 dBA respectively in Noise Zone II.
Brookline—Local bylaw that limits hours to 7 AM to 7 PM M-F and 8:30 AM to 6 PM on Sat, Sun &
Holidays and sets maximum dBA based on the type of equipment from 75 dBA to 90 dBA and defines
noise pollution as being over 5 or 10 dBA over ambient.
Burlington—Local bylaw limits times to 7 AM—7 PM M-F & Sat from 9 AM—7 PM and Sun & Holidays
from 9 AM—7 PM (by property owner only)
Cambridge—Local ordinance on noise in general is restricted to 60 dBA during the day and 50 dBA other
times; Industrial is restricted to 65 dBA during the day and 55 dBA other times; and Commercial
"anytime" is restricted to 65 dBA and Industry to 70 dBA. Construction noise is limited to 75 dBA in
Residential Lot (L10—taken every 10 seconds, with external conditions such as plane flights taken into
consideration) and 86 dBA Max; 80 dBA in Business/Office Lot and no max noise; 85 dBA in Industrial
lots and no max.
Danvers—No local noise bylaw.
Lexington (Current) Local bylaw defines noise pollution as 10 dBA over ambient. For construction noise,
it is the noise level "that would disturb a reasonably prudent person" M-F 7 AM—5 PM &Sat 9 AM to 5
PM. Breaking of rock, pavement using hydraulic or pneumatic hammers is limited to 9 AM—5 PM M — F.
Noise mitigation barriers are required for projects over 7 days of work to "keep the maximum noise
levels under 85 dBA at the property line". Any work outside of these times if prohibited without a
special permit issued by the Select Board.
Lexington (Proposed)— replace "that would disturb a reasonably prudent person"with "noise across a
real property boundary that exceeds 85 db" and provides greater reporting requirements related to the
noise mitigation plan.
Lincoln—No local noise bylaw.
Natick—No local noise bylaw.
Needham—regulates time only between 7 AM and 8 PM.
Waltham—Defines Noise Pollution as 5 or 10 dBA (similar to Cambridge) above ambient and limits
construction outside of the following times 5 PM and 7 AM on weekdays and on Saturdays before 8 AM
and after 4 PM. Construction equipment has a maximum noise level of 90 dBA except for air
compressors which are 85 dBA and Generators which are 80 dBA. With noise shields/barriers,the
following equipment is exempt:Jackhammers, pavement breakers, pile drivers, rock drills.
Wellesley— No local noise bylaw.
Weston—No local noise bylaw.
Agenda Tracker
ITEM NAME PROPOSED MINUTES Description
DATE
Approve One-Day Liquor License Lexington Community Farm's Flower Arranging
® Lexington Community Farm 7-Aug-23 0 Workshop 9/7 at LexFarm (alcohol to be served at
Education Tent to paying participants only)
Housing Partnership Board ("community" members
Approve Select Board Committee x2)-- email sent to Jeri F, on 6130 re: feedback on
Appointments 7-Aug-23 0 applicants at 6129 meeting; new members of
Semiquincentennial Commission following
recruitment (x4 community members)
It has been several years since the Sealer's Fees
Sealer of Weights and Measures have been increased and should be increased
Proposed Fee Increase 7-Aug-23 10 based on other area communities and the
regionalizing of the Sealer which came at a higher
annual cost.
Jeff Howry submitted request on 2/6/23 seeking to
Request for Select Board come before the Select Board seeking approval to
approval for submission of 7-Aug-23 20 submit an application for the Stone Building to be
application of the Stone Building considered as National Landmark. he confrimed
as a National Historic Landmark ready to present at 8/7/2023 meeting.
This is just an update to the Select Board on the
Update the Select Board on the 7-Aug-23 10 annual bike friendly report the Town receives with
Bike Friendly Report Card recommendations on how to continue to make the
community more cycling friendiv.
TSG is recommending pushing the no parking area
TSG ® Recommendation - Expand on Worthen Road in front of LHS to widen the sight
No Parking Area on Worthen 7-Aug-23 10 line of the crosswalks to push parking further away
Road and re-stripe to re-enforce the no parking area.
Moving the No Parking signs requires a change to
the Parkinq Code.
The CPC is seeking to execute non-town related
CPC Grant Agreements 7-Aug-23 10 CPA projects approved at Town Meeting, which
requires a vote of the Select Board.
MWRA Sewer Bond Approval This vote is necessary to execute 0% bonds from
Vote 7-Aug-23 10 the MWRA on sewer projects the Town is
undertaking,
PLACEHOLDER® Review Review proposed interview questions and process
Proposed Interview and for re-opening application process
Apppointment Process for the L 7-Aug-23 10
exington Representative to the
Minuteman School Committee
Discuss proposed updates to Doug/Mark to present proposed updates
Select Board Procedures, 7-Aug-23 15
Policies and Regulations Manual
Discussion on Goal Setting 7-Aug-23 30
Process
Approve and Sign Proclamation - 21-Aug-23 0 Annual proclamation: Suicide Prevention Month
Suicide Prevention Month (September)
Housing Partnership Board - Council on Aging
Approve Select Board Committee 21®Au 23 0 Member- C A will be meeting on 813 and will
Appointment g discuss this membership/make a recommendation
for appointment
Needs to be advertised - Hearing - Inn at Hastings
PLACE OL E - Liquor License submitted an alteration of premise applicaiton for
Amendment Iteration of their liquor license to formalize the outdoor area to
Premise/Update Liquor License 21-Au 23 15 include the new patio area they built. Their liquor
ConditionsRegardingNew g license is currently covered at the present by the
Outdoor Dining -Inn at Hastings state extension for outdoor dining areas to serve
Park alcolol in this area along with their local application
for outdoor dining under the Town Manager.
Update on Police Station Canopy 21-Au 23 10 The HDC meets on 3/3, this will be an update on
rooect g the status of the project.
The Tree Committee has requested the Town
Discussion on Creating a Manager establish a Working Group to review the
Working Group o Review the 21®Aug-23 20 Tree Bylaw Enforcement, The Select Board
Tree Bylaw andEnforcement appoints the Tree Committee and should discuss
prior to the establishment of any Working Group.
PLACEHOLDER® Update on Update, and possible vote, on schedule for Patriots'
250th Patriots' Day Celebration 21®Aug-23 10 Day weekend during the 250th Anniversary of the
Schedule Battle of Lexington
The Comcast renewal is in process and the CAC is
PLACEHOLDER CAC going through the public comment period which has
Presentation -Co cast License 21®Aug-23 15 included a public presentation during a Select Board
Renewal meeting in the past. This item is that scheduled
public presentation.
Old Spring Street exists officially only on old state
layout maps and the street sign, however, the
homes on Old Spring Street are officially addressed
Discussion on officially naming as Spring Street, which causes confusion for
Old Spring treat
21-Aug-23 20 deliveries and also public safety personnel. A
request has been made to officially change the
street name to Old Spring Street. 5 property owners
are in agreement, 2 do not agree.
This is to update the Select Board on the planning
Update on the Cary Memorial process for the children's room. We are reaching
Library Project
21-Aug-23 15 the point in the Integrated Design and that we are at
the end of design and the Select Board, under the
policy is to review and approve.
This is to request the Board to approve (1)
restricting turns into Kendall from Marrett; (2) add a
stop sign on Harrington Road at Mass. Ave.; and (3)
remove/replace stop signs at Harrington & Hancock
TSG ®Various Requests 21-Aug-23 15 Street at Bedford Street with yield signs. (2) & (3)
are part of the Battle Green Master Plan and these
changes have already been reviewed and approved
as part of the design, but now need to be
incorporated into the Regulations.
The Cary Library Foundation is working to support
the Library by fundraising for the upcoming Library's
Children's Room Renovation. They are requesting
Request from Cary Library to be included on an upcoming Select Board
Foundation to Discuss Naming 21-Aug-23 20 Agenda to discuss the "Naming of Library Spaces"
of Library aces in conjunction with this fundraising campaign. They
will need approximately 15 minutes on the agenda. -
8/21 meeting date was specifically requested
Discussion on Fall Town Meeting 21-Aug-23 10 Kelly will insert description...
Maggie and Hemali would like to present their
Resolution Framework 6-Sep-23 20 Resolution framework to the SB. This tool will be
used by departments when TM passes resolutions
Performance valuatioonn
To discuss the evaluation process and timing for the
Discuss own Manager's 6®Sep-23 15 Town Manager's performance evaluation.
rocess
Minuteman cool Committee 6-Se 23 60 To appoint a School Committee member to the
poi ent p Minuteman Regional School Committee
`OVS M01?
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APRI L 11)
FX I N Ci",O�
MEMORANDUM
TO: James Malloy, Town Manager
FROM: John Livsey, Town Engineer, Karen Mullins, Director of Conservation
DATE: July 21, 2023
SUBJECT: Municipal Vulnerability Preparedness Program (MVP)update
As requested, we are providing an update to the MVP program. In 2018, Lexington applied for
and was granted a planning grant through the MVP program. This provided funding to update
the Hazard Mitigation Plan (HMP) and also provided funding for the town to hire a state certified
MVP provider to complete a baseline climate change and vulnerability assessment and a list of
priority actions. The findings were provided in a report from the provider, Fuss & O'Neill dated
April 2019.
The completion of this assessment and updating of the HMP resulted in town eligibility for
future MVP grants as well as a guidance document for the town with a list of priority actions.
We are not aware of all possible applications that may have been submitted by the town, but
have provided the funding that has been pursued through the Department of Public Works
through the planning and action grant process.
In 2020, the DPW applied for a tree canopy study through the MVP program but was not
awarded the grant.
In 2021, in cooperation with the Resilient Mystic Collaborative (RMC) an Action grant was
applied for to analyze six sites in the Upper Mystic watershed as potential sites to mitigate
flooding within the Mystic River Watershed. Of those sites one was located in Lexington. This
grant was awarded and Lexington Engineering staff led with support from conservation staff the
$670,000 grant for the RMC. For Lexington it resulted in a mitigation plan being developed on
the property of the Harrington School. The design was brought through a public process,
reached 75% design and was locally permitted through the Lexington Conservation Commission.
Unfortunately, although this site was identified by the RMC as one of strong potential to mitigate
flooding in the Mystic, the resultant design proved that the impacts were negligible for
Lexington as well as the downstream communities. Although there are many strong qualities
and benefits within the design to the community, there are greater priorities locally at this time so
final design and construction has not been pursued.
In 2022, the Lexington Engineering Division pursued Action grant funding for the North Street
Pump station which had many resilient components that included moving it from being directly
adjacent to the Vine Brook to an area higher in the flood plain, flood plain mitigation for areas of
fill, enhanced native plantings, flood protection barriers, a back-up generator, and improved
accessible access to the pedestrian path. Through pre-grant application discussions with
members of the MVP staff it was determined that although the project was eligible, they did not
expect it to be competitive and therefore a grant application was not submitted.
As previously noted, this does not necessarily represent all MVP grants that the town has applied
for or received since Departments within the town may apply independently without reaching out
to Engineering or Conservation.
In addition, an extensive list of recommendations, prioritized by high, medium and low, was
identified to address vulnerabilities and increase resiliency in three main categories:
infrastructure, environment, and society. In reviewing the list we can report that many projects
have been completed, or are in progress, that target these recommended priorities. Some projects
are as follows: several vulnerable sewer pump stations have been evaluated for storm-hardening
and designs developed and implemented, or in process of being designed and/or implemented,
including Marshall Road, Hayden Ave, and North St. Staff has been reviewing and drafting
applicable stormwater regulation revisions for approval by respective boards/committees,
including conservation updating rainfall events standard to reference the higher intense rainfall
events consistent with the local stormwater bylaw standard and Planning has updated Major Site
Plan Review to require compliance with above threshold standards for projects disturbing more
than 5,000 sf. Open space protection through acquisition, donations, or restrictions that
contributes to conservation values, including wetland and flood resiliency and expanding and
connecting existing areas and provide habitat corridors and development of land management
plans for conservation open space areas that includes managing for climate resiliency.
Lastly, the MVP program in the spring of 2023 issued an update to the program that is referred to
as MVP 2.0. To quote the overview on the Mass.Gov website
`MVP 2.0 fills gaps from the original MVP planning process (MVP 1.0),builds on the
work communities have done to date, and supports communities with new processes,
tools, and resources for building resilience.
Through MVP 2.0, communities can revisit resilience priorities with a focus on equity
and translate those priorities into action through project development and
implementation. This updated program has a greater focus on building social resilience
and explores the factors that create vulnerability or resilience for people living or
working in your community. The process will focus on connecting and collaborating with
community members, and expanding the voices involved in climate resilience efforts.
MVP 2.0 is designed to be completed over two years, knowing that it takes time to build
new relationships, expand the involvement of the broader community, and work together
to develop and implement a project.'
This program seems to have a greater focus on social resilience and FY24-25 is a pilot round for
the program. Applications for the pilot round has closed and the next round of applications is
expected in Spring of 2024. Further detail on the MVP 2.0 program may be found at
hllps://www.mass,�ov/info detailshnvp..20.
Thank you
Irll°'�
July 18, 2023
To: MWRA Sewer Community contacts
(via electronic mail)
Re: Implications of the Deer Island Treatment Plant NPDES Permit on your Community
I hope this email finds you well. As one of our contacts in an MWRA Advisory Board sewer community, I am
reaching out to you to bring your attention to an important matter regarding the recently issued NPDES permit for
the Deer Island Treatment Plant.
As you may already be aware, the draft permit names your sewer utility as a co-permittee in the new Deer Island
permit. However, what you may not know is the significant administrative and financial implications this could have
for your community.
The draft permit represents a dramatic shift in practice, as it will be the first NPDES permit to name so many co-
permittees, including MWRA's CSO communities, which previously held individual NPDES permits.
Furthermore, the language in the draft permit introduces potentially substantial levels of effort and cost for the
communities. It now requires communities to plan and implement measures to address the impacts of climate
change, both in the present and up to 100 years into the future. Additionally, the permit mandates the inclusion of
the impacts of sea level rise in the planning process.
If these terms are included in the final permit, they could impose additional capital project obligations on
communities, potentially limiting their flexibility in managing their capital budgets.
Furthermore, some requirements in the draft permit may add significant costs to the MWRA, which are of course
costs to you. MWRA will closely assess and develop comments for costly requirements which are not relevant for
the ongoing high-quality operations of the DITP Treatment Plant and protection of public health and the
environment.
The MWRA Advisory Board has long been concerned that including this language could be problematic for
communities and negatively impact the delicately balanced relationship between the MWRA and its member
communities. Therefore,we have taken action by hiring outside counsel, Beveridge & Diamond, to assist us in
preparing comments on the Deer Island Permit that address some of these concerns.
This is where we need your help! Your community's comments on the permit will play a vital role in helping the EPA
understand the seriousness of the new language and the burdens it may impose on your community. Many of you
have not dealt with an EPA permit before and may be unprepared for the intricacies of the process.
Rest assured, the Advisory Board is here to support you. We are more than willing to provide any insight and
assistance you may require. In fact, our counsel Beveridge & Diamond is compiling comments from the
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Advisory Board, which your community is welcome to utilize when drafting your own comments. We expect to
have these comments available by the end of the month.
Time is of the essence! The comment period ends on August 30, 2023. To ensure your right to appeal against any
provision after the final permit is issued, it is crucial that you submit substantive comments by this deadline. Your
comments to the EPA and DEP, even if you do not intend to appeal, will still contribute to the overall goals of all
member communities.
One other important point to keep in mind is that the Massachusetts Department of Environmental Protection also
released a draft Surface Water Discharge Permit, which incorporates the USEPA permit requirements and adds
further PFAS monitoring. This permit is a separate process from the EPA's NPDES permit and requires a separate
set of comments to be submitted,which should include the same comments sent to EPA, as well as any
additional comments on PFAS monitoring or other MA DEP requirements.
For more information, see EPA's Web Page:
https://www.epa.gov/npdes-permits/epas-permit-massachusetts-water-resources-authority-mwra-deer-island-
treatment-plant#2023-press-releases
MA DEP's Web Page:
https://www.mass.gov/doc/public-notice-draft-npdes-surface-water-discharge-permit-mwra-deer-island-
treatment-plant-ditp/download
We also encourage you to visit our website where we have addressed some of the concerns we have regarding the
draft permit: https://www.mwraadvisoryboard.com/?s=npdes. Additionally, you can contact Executive Director
Matthew Romero at matthew.romero@mwraadvisoryboard.com with any questions or to schedule a meeting
where we can provide a comprehensive overview of the issue. If you have a specific person in your community
you'd like me to connect with on this issue, please send me their contact information.
The Advisory Board firmly believes that our collective voices will carry more weight than our comments alone, so
we implore you to submit your comments to the EPA.
Thank you for your attention to this matter, and we greatly appreciate your support and active participation.
Sincerely,
7 ! 0
Matthew A. Romero
Executive Director I MWRA Advisory Board
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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: August 4, 2023
RE: Weekly Update
The following is an update of activities for the week ending August 4, 2023:
Town Manager_ Updates:
• The Arts Council is organizing a"porchfest"which I believe a couple of the Select Board members
are aware of(Somerville and Arlington both have a porchfest event). The event is planned for 9/30
and will feature live bands on various porches around town for people to visit. Somerville's event
is large, Arlington's is much smaller and this is anticipated to even smaller. I have asked them to
meet with the police and fire chiefs and they will present to the Select Board in Aug/Sept to inform
the Board.
• Attached please find the agenda tracker for upcoming Select Board meetings.
Land Use, Housing and Development:
Planning
• Annual Town Meeting Zoning Amendments—All zoning amendments adopted at Town Meeting
have been approved by the Attorney General. We are still waiting for a determination from the
state on compliance with the MBTA Communities law.
• Planning Board Zoning Regulations—On Wednesday, August 9, the Planning Board will hold a
continued public hearing on amending their Regulations to reflect the recent zoning amendments.
Amended Regulations will be posted in l OV.0 .
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
Agenda Tracker
ITEM NAME M ATE
OPOSED MINUTES Description
D
Approve Select Board Committee Housing Partnership Board ("community"
Appointments 7-Aug-23 0 members x2)-- email sent to Jeri F. on 6130 re:
feedback on applicants at 6129 meeting
It has been 40 years since the Sealer's Fees have
Review Sealer of Weights and been increased and should be increased based
Measures Proposed Fee Increase 7-Aug-23 10 on other area communities and the regionalizing
of the Sealer which came at a higher annual cost.
Approve use of HOME funds for 7-Aug-23 5 Potential use of available HOME funds for rental
rental assistance assistance.
This is just an update to the Select Board on the
Update the Select Board on the annual bike friendly report the Town receives with
Bike Friendly Report Card 7-Aug-23 10 recommendations on how to continue to make the
community more cycling friendly.
TSG is recommending pushing the no parking
area on Worthen Road in front of LHS to widen
TSG ® Recommendation - Revise the sight line of the crosswalks to push parking
No Parking Area on Worthen 7-Aug-23 10 further away and re-stripe to re-enforce the no
Road parking area. Moving the No Parking signs
requires a change to the Parking Code.
MWRA Sewer Bond Approval This vote is necessary to execute 0% bonds from
Vote 7-Aug-23 10 the MWRA on sewer projects the Town is
undertaking.
The CPC is seeking to execute non-town related
CPA projects approved at Town Meeting, which
CPC Grant Agreements 7-Aug-23 10 requires a vote of the Select Board.
Review Proposed Interview and Review proposed interview questions and process
Apppointment Process forte 7-Aug-23 10 for re-opening application process
Lexington Representative tote
Minuteman School ommittee
Doug/Mark to present proposed updates
Discuss proposed updates to
Select Board Procedures, 7-Aug-23 15
Policies and Regulations Manual
Discussion on Goal Setting Joe and Jim are meeting with Jon Wortman on
Process 7-Aug-23 30 8/3 and will update the Board on this year's goal
setting process.
EXECUTIVE SESSION - Library 21-Aug-23 30 This executive session is to discuss negotiations
Union Negotiations with the Library Union
Lexington Community Farm's Flower Arranging
Approve One-Day Liquor License 21-Aug-23 0 Workshop 9/7 at LexFarrn (alcohol to be served
- Lexington Community Farm at Education Tent to paying participants only)
(Police; Fire; DPW; TMO- )
Approve and Sign Proclamation - 21-Aug-23 0 Annual proclamation: Suicide Prevention Month
Suicide Prevention Month (September)
Housing Partnership Board-Council on Aging
Member- C A will be meeting on 3/3 and will
Approve Select Board Committee discuss this membership/make a
Appointments 21®Aug-23 0 recommendation for appointment; new members
of Semiquincentennial Commission following
recruitment (x4 community members)
Select ...Board MeetingMinutes 21®Aug-23 0 July 2 , 2023 minutes
Update on Police Station Canopy21-Au 23 10 The DC meets on 8/10, this will be an update on
Project g® the status of the project.
The Tree Committee has requested the Town
Discussion on Creating a Manager establish a Working Group to review the
Working r p to Reviewthe 21®Aug-23 20 Tree Bylaw Enforcement. The Select Board
Tree Bylaw and Enforcement appoints the Tree Committee and should discuss
prior to the establishment of any Working Group.
The Comcast renewal is in process and the CAC
PLACEHOLDER Communications is going through the public comment period which
Advisory Committee (CAC) has included a public presentation during a Select
Presentation -Co cast License 21®Aug-23 15 Board meeting in the past. This item is that
Renewal Process scheduled public presentation.
Old Spring Street exists officially only on old state
layout maps and the street sign, however, the
homes on Old Spring Street are officially
Discussion on officially naming addressed as Spring Street, which causes
Old Spring Street 21-Aug-23 20 confusion for deliveries and also public safety
personnel. A request has been made to officially
change the street name to Old Spring Street. 5
property owners are in agreement, 2 do not
agree.
This is to update the Select Board on the planning
process for the children's room. We are reaching
Update on the Cary Memorial the point in the Integrated Design and that we are
LibraryProject 21-Aug-23 15 at the end of design and the Select Board, under
the policy is to review and approve.
This is to request the Board to approve (1)
restricting turns into Kendall from Marrett; (2)add
a stop sign on Harrington Road at Mass. Ave.;
and (3) remove/replace stop signs at Harrington &
TSG -Various Requests 21-Aug-23 15 Hancock Street at Bedford Street with yield signs.
(2) & (3)are part of the Battle Green Master Plan
and these changes have already been reviewed
and approved as part of the design, but now need
to be incorporated into the Regulations.
The Cary Library Foundation is working to support
the Library by fundraising for the upcoming
Library's Children's Room Renovation. They are
Request ro Cary Library requesting to be included on an upcoming Select
Foundation to Discuss Naming of 21-Aug-23 20 Board Agenda to discuss the "Naming of Library
Library paces Spaces" in conjunction with this fundraising
campaign. They will need approximately 15
minutes on the agenda. -- 8121 meeting date was
specifically requested
Discussion on Fall Town Meeting21-Aug-23 10 Kelly will insert description...
PLACEHOLDER® Request for Jeff Howry submitted request on 2/6/23 seeking
Select Board approvalr to come before the Select Board seeking approval
submission of applicationof the 6®Sep-23 20 to submit an application for the Stone Building to
be considered as National Landmark. he
Stone Building as aNationalconfrimed ready to present at 8/7/2023 meeting.
istoric an ark
Needs to be advertised - Hearing Inn at Hastings
PLAC OL E Liquor License submitted an alteration of premise applicaiton for
Amendment®Alteration of their liquor license to formalize the outdoor area to
Premise/Update Liquor License include the new patio area they built. Their liquor
6®Sep-23 15 license is currently covered at the present by the
Conditions Regarding e state extension for outdoor dining areas to serve
Outdoor Dining t Hastings alcholol in this area along with their local
r application for outdoor dining under the Town
Manager.
PLACE L E e Minute Men Consider Minute Men request for a 4:30am
Proposal for 4:30arn Evacuation6-Sep-23 reenactment of civilian evacuation on Patriots'
ReenactmentDay
Maggie and Hemali would like to present their
Resolution Framework 6-Sep-23 20 Resolution framework to the SB. This tool will be
used by departments when TM passes
resolutions
er or ace Evaluation
Process To discuss the evaluation process and timing for
Discuss o Manager's 6®Sep-23 15 the Town Manager's performance evaluation.
PLAC OL E ® Appointment for
the Lexington Representative to 6-Se 23 20 Review proposed interview questions and process
the Minuteman cool p® for re-opening application process
Committee
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Select Board Committee Appointments
PRESENTER: ITEM
NUMBER:
Joe Pato, Select Board Chair
C.1
SUMMARY:
Category:Decision-Making
Appointments:
Housing Partnership Board
. The Select Board is being asked to appoint Nanette Byrnes and Margaret Heitz to the Housing
Partnership Board both for a three-year term set to expire on September 30, 2025.
SUGGESTED MOTION:
To appoint Nanette Byrnes and Margaret Heitz to the Housing Partnership Board both for a three-year term set
to expire on September 30, 2025.
Move to approve the consent.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023
ATTACHMENTS:
Description Type
D 207.3 Housing Partnership Rxaid.Appficafion NT,Byrnes Backup Matedal
D 2023 Housing Parmendiip Bkmud Appkcafion M,116t/ Huckup Mltdi l
APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP
Applicants are encouraged to also include a letter of interest or current resume along with their submission
of this application.
Board/Committee Name (one application per Committee): Housing Partnership Board
Would you like your application kept on file for up to one year? Yes: x No:
Full Name: Nanette Marie Byrnes
Nickname: Preferred Title:
6 Sherburne Rd Lexington 02421
Home Address: City: Zip:
Length of Residence in Lexington(note: ZBA requirement is a minimum of 8 years): 8 years
editor
Occupation:
131 Dartmouth Street Boston 02116
Work Address: City: Zip:
Phone: Home: Cell:
Email: Primary: Secondary:
Special Training and/or Qualifications:
Citizens Academy 2022. Board member, 230 E. 88th Street, NYC, Mitchell-Lama Co-op, 2000-2002.
What is your interest in this Committee?
I grew up and lived as a young adult in moderate to middle income housing in New York City and
h_;;ve -henefited- forst hand frorn Inving on a diverse community. 1 spent the last fevi m.o.nths;
educating myself more on this topic, through G1310 education sessions and my own reading, and
to learn, but I am excited to take that on and serve Lexington in this capacity.
How did you hear about the Committee? Citizens Academy. I learned about the opening from Link to Lexington
Have you recently attended any meetings of the Committee? Yes: No: x
Have you confirmed your availability to attend the Committee's meetings? Yes: x No:
(For questions regarding the meeting schedule,please contact the Board/Committee via the Town website)
Do you currently serve on another Board/Committee? Yes: No: x
Email:seledboard.@!!2xingtorjm:,q or manager.��lexingto ma..
If Yes, please list Board/Committee Name(s):
If Yes, please list date of most recent Conflict of Interest Law Training*:
Digitally signed by Nanette M.Byrnes
Signature: Nanette M. Byrnes Date:2023.04.15 13:24:10-04'00' — Date: 4/15/2023
*If currently serving on another BoardlCommittee,please attach a copy of your State Conflict of Interest
Law Online Training Certificate, which can be obtained from the Town Clerk's Office.
Email:s lectboar !2Ai gjQL�Ma:�q or 1111EI L( !exin o r ag
2.......................... E ..............g .2y
.1 n..n
//3
APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP
Applicants are encouraged to also include a letter of'interest or current resume along with their subrnission
q1"this application.
Margaret Heitz
Board/Committee Name(one application per Committee):
x
Would you like your application kept on file lbr up to one year? Yes; No:
Full Name: Margaret Heitz
..........
Nickname: n/a/ Preferred Title: n1a
335 Marrett Road Lexington )2421
Horne Address: City: Zip: ---_ _-
29+years
Length of Residence in Lexington(note:ZRA requirement is a minainan qf's Years): -
Occupation: Retired software technical writer/editor/manager in high tech industry
nJa
Work Address: city: Zip:
Phone: Cell: (preferred)
Email: Primary: Secondary: n/a
Special'Training and/or Qualifications:
-$E-E-AT TACftE-D------------------------
What is your interest in this Committee?
I believe that a healthy community is one where people 11 ages and stages in life who come
with a widejjrigq__bT2s of em to ment i comes, interests, and bac qro.u..n.d.s share space.
Lexington has shown that we are open to grow in that direction.Toward that end, I'd like to work
in avpp sort of the aims of L-ein .Q- 11 Husing Partner sbip-UQa.rd ricularly as ex re .0,in its
revised charter—to promote low and moderate income,older persons, and workforce housing.
How did you hear about the Committee? Originally,I heard about Board from Melinda Walker,a former membei
i lave you recently attended any meetings of the Corrin-kittee? x
Yes: No:
X
I lave you confirmed your availability to attend the Committee's meetings? Ycs: No:
(For questions r(-�garding the ineetinAr.ychedule,please contact the BoardlConlininee via the Town website.)
X
Do you currently serve on another BoariNCormilittee? Yes: No:
Email: go"',
If Yes,phase list.Board/Committee Namef s): �_._ ........_ _.._.. ___ ....._.._
l f Yes,please list date of most recent Conflict of Interest Law Training*
Signature:— 2-3
*l f currently serving,on another BoadlCoi a please attach a copy raj`your State Conflict of Interest
Law Online Training Certi Hecate, which can be obtained from the. Town Clerk's Offora
Email Ie.�Cfir4,f+I�P ,:it�uay6�,gi{�av aR alp",_t ?I en��p 1,
Application for Appointment-05/15/23
for Board/Committee Membership: Housing Partnership Board
page 3
Margaret Heitz
Special Training, Interests, Qualifications:
• Chair, Housing Resources Subcommittee/Housing Partnership Board (2022)—subcommittee
researched the role that community housing specialists play in Massachusetts towns [Needham,
Arlington, Amherst, Provincetown]to create affordable housing.The subcommittee
recommended that Town management apply for funding to launch a part-time community
housing specialist position to focus on affordable housing.
• Member, Lexington chapter of the GBIO Housing Justice Campaign (2023)
• Co-chair, Housing Working Group/Lexington Human Rights Cmte (2020-2021)
• Member, Subcommittee on Asian Communities/Lexington Vision 2020 Cmte (2016-2018)
• Volunteer organizer, Raise Up Massachusetts (2014-present)
• Troop leader, Lexington Girl Scouts (1994-2008)
• Proposal writer/editor, Massachusetts performing arts and public service organizations
(occasional)
References: HPB members:Jeri Fouter, Betsey Weiss,Wendy Manz, Harriet Cohn, Paul Linton, Bob
Pressman;former member: Melinda Walker; Human Rights Committee member: Stephanie Hsu
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review Sealer of Weights and Measures Proposed Fee Increase
PRESENTER:
ITEM
C. Kowalski, Asst TM of Dev.; J. NUMBER:
Kelly, Bldg Comm.; R.
Ramachandran, Admin.; M. Lefebvre, I.1
Sealer W/M
SUMMARY:
Category:Decision-Making
Attached please find a memorandum from Carol Kowalski,Assistant Town Manager for Development
explaining that the fee structure for the Sealer of Weights and Measures has not been adjusted since 1983 (40
years). Staff undertook a review of comparative fees from communities of 20,000+ and have attached a
proposed FY24 fee structure for the Sealer of Weights and Measures.
SUGGESTED MOTION:
Move to approve the FY24 Fee Structure for the Sealer of Weights and Measures as attached in the Proposed
2023 Fee Schedule.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 6:40pm
ATTACHMENTS:
Description Type
llrop ose d yipy t Sc°Mbr p^eaeas Backup Maatc,6a l
Sealer IFees Memo Backup Maatc niai
Massachusetts ale;aa ngn Foos by Munucip<a:(nty Backup Material
Recently U1,-xIated Con-padsons (Awer Memo
,pus M RNr
IT7S
-� SEALER OF WEIGHTS AND MEASURES
APRILPP," (7-7-2023)
C.k I N 010
Balances and Scales:
Over 10,000 lbs. ..................................................................................... $200.00
59000 - 10,000 lbs. ................................................................................... 120.00
19000 - 5,000 lbs. ..................................................................................... 100.00
100 - 1,000 lbs. ......................................................................................... 80.00
Lessthan 100 lbs. ...................................................................................... 40.00
Weights and Other Scales:
Avoirdupois, Metric, Apothecary &Troy (each)....................................... 15.00
Liquid Measuring Meters:
Gasoline ......................................................................................................40.00
Vehicletank ............................................................................................... 50.00
Electronic Retail Checkout System/Price Verification (Bi-Annually):
1-3 Registers ...............................................................................................91.00
4-11 Registers ............................................................................................ 165.00
11 and More ..............................................................................................275.00
Note:
Sealer shall also receive reasonable compensation for the use of special
facilities, necessary repairs, service on other devices not specifically itemized,
and alterations and adjustments made by him/her.
Town of Lexington
� G y
LAND USE,HOUSING,AND DEVELOPMENT DEPARTMENT
i
3 �n
APNL9@,^
MEMORANDUM
TO: Select Board,Jim Malloy
FROM: Carol Kowalski,Assistant Town Manager for Development;Jim Kelly, Building Commissioner
DATE: August 1, 2023
Cc: K. Axtell, C. Kosnoff, R. Ramachandran
Attachments: Proposed fee schedule
Agenda Item/Title: Fee Increase, Sealer of Weights and Measures
This memo provides background on the August 7 agenda item seeking to update the fee
schedule for Sealer of Weights & Measures. This is a new request, seeking a vote of the Select
Board to increase the fees charged by the Town for the statutory requirement to test the
measuring devices used by businesses in Lexington. The state notified municipalities in 2022
that the state would cease conducting the Sealer function, and would return this responsibility
to local governments, where the responsibility had previously been carried out. Consequently,
the Town of Lexington and the Town of Burlington entered into an Interlocal Agreement in
November 2022 to share the services of a part-time Sealer of Weights and Measures. The fees
Lexington charges the 24 regulated businesses for certifying measuring devices have not been
updated since 1983. Although the cost of the Sealer responsibility cannot be fully recovered by
modest fee increases, the fees charged under the current fee schedule do not reflect across the
board cost increases of the past 40 years.
The state's database of city and town Sealer fees is outdated, which staff discovered by
checking several towns' websites. Some communities' websites show more recent fee increases
not reflected on the Town's database. Staff proposes reasonable fees consistent with updated
fees of communities >20,000 population.
Outreach
Staff have visited a number of regulated locations to confirm the number of devices. Staff also
consulted the state's Sealer fee database for MA towns, and noted fee updates of several
comparable communities' fees based on their website verification.
Risk of Delaying Action
The sooner we can get the updated fees into the Viewpoint Cloud system, the sooner we can
end manual collection and processing of cash and check fee payments and begin payment
online and electronic record-keeping for the Sealer of Weights & Measures function.
The risk of delaying action include the administrative expense to process small checks and cash
amounts and the inefficiency and potential for error of manual record-keeping, all of which
could be handled in ViewPoint Cloud after the new fees and Sealer permitting are programmed.
We appreciate the Board's consideration.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Use of HOME Investment Partnership Program(HOME) Funds for Rental
Assistance
PRESENTER: ITEM
NUMBER:
Carol Kowalski,Assistant Town
Manager for Development I.2
SUMMARY:
Category:Decision-Making
The Housing Partnership Board (HPB)has worked with the Regional Housing Services Office(RHS O) and
voted on July 27, 2023 to utilize uncommitted HOME funds ($61,820)from FY22&FY23 to establish a
rental assistance program in relation to move-in/upfront costs as explained in the attached July 31, 2023
memorandum from Liz Rust to Carol Kowalski, Assistant Town Manager for Development.
SUGGESTED MOTION:
Move to approve amending the Annual Action Plan to include a rental assistance program using $61,820
uncommitted HOME funds as recommended by the Housing Partnership Board and outlined by the Regional
Housing Services Office.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 6:50pm
ATTACHMENTS:
Description Type
knv;ing,Partnership R)ard Covo�Men-K) (Awer Menlo
I A�,xmgfoiiii'TRRA I.Jsung V ME Funds Meiru Rev scd Illickup Matcrkd
Stacey Prizio
From: Jeri Foutter
Sent: Tuesday,August 1, 2023 12:45 PM
To: Select Board; Stacey Prizio
Cc: Carol Kowalski;Jill Hai;Joe Pato; Elizabeth Rust
Subject: Lexington HOME-funded Tenant Based Rental Assistance Program (TBRA)-
Attachments: Lexington TBRA -Town memo.pdf, Lexington TBRA - Town memo revised JP 8-1-23.pdf
USE CAUTION: This email came from outside the Town of Lexington. Do not click 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.
Hello Select Board,
At the Housing Partnership Board Meeting (HPB) on Thursday,July 27, 2023,Jenicia Pontes, Sr. Housing Consultant,
Regional Housing Services Office (RHSO), presented a proposal to establish a rental assistance program with Lexington
HOME funds. Ms. Pontes reviewed the proposal and discussion occurred. After deliberation, a motion was raised for the
HPB to recommend to the Select Board the approval of the Lexington HOME funds usage for a rental assistance program
to support 60%AMI households.The motion passed as follows.
Yes: 7 members
No: 0 members
Abstain: 2 members
Attached is a copy of the initial RHSO memo presented on July 27, 2023.
Some HPB members had questions, and after the HPB Vote, HPB members were given the opportunity to email their
questions to the HPB Chair for further review by the RHSO.These questions were forwarded to the RHSO and were
addressed by the RHSO.
Attached is the revised RHSO memo.
@Ms. Prizio, please attached this cover memo to the revised RHSO memo that is scheduled to be considered at the
August 7, 2023, Select Board Meeting.
If you have any questions, please do not hesitate to contact me.
Thank you,
Jeri Foutter
Chair, Housing Partnership Board
1
Regional Housing SeiNices Office
Serving Acton,Bedford,Concord,Lexington,Lincoln,Nhynard,Natick Sudbury,Wayland,and Weston
Officc, Ad(h,ss: V7 Knox N"IAW 720
Phone: (978p2,87 M92,
Date: July 31, 2023
To: Carol Kowalski, Lexington Assistant Town Manager for Development
From: Liz Rust
RE: Lexington HOME-funded Tenant Based Rental Assistance Program (TBRA)-REVISED
This proposal, for the Town approval, is to establish a rental assistance program with the
Town's HOME funds.
Summary
In this program,the Town of Lexington would offer rental assistance to income qualified
residents, providing assistance in the form of initial move in costs - first and last month
rent (if required by the landlord) and the security deposit. The intention is to assist
households in obtaining and retaining permanent housing, helping to reduce and eliminate
housing barriers.
The program will meet HOME Program requirements and will utilize Lexington's
uncommitted FY22 and FY23 HOME Program Allocation, currently$29,650.00 and $32,170
for a total of$61,820. With an estimated budget of$4,000 per case, this may translate to
approximately 15 cases per year. The assistance provided is in the form of a grant,with no
repayment due to the Town or the Consortium.
Applicant Eligibilit
Eligible applicants must be under HOME low income (60%AMI) households. They cannot
own any interest in residential property, and must show documented income to be able to
afford the rent. Households must have a lease to an apartment in Lexington. There is no
priority preference and the program is offered on a first come, first serve basis.
The applicants will also need to complete all required screening by the landlord.
2023 1 2 3 4 5 6
Limits
60%AMI $41,400 $47,280 $53,220 $59,100 $63,840 $68,580
Apartment Eligibilit
The apartments must pass housing quality standards (performed by the Lexington
Housing Authority) and must be rented at low, affordable rents.
Lexington will use a local Payment Standard for its Program in order to give Lexington
TBRA participants the most opportunity to locate eligible affordable units. This Payment
Standard is designed to enable the TBRA Program to be used for tenants using Section 8
vouchers, and also for tenants to rent at restricted affordable units at properties in
Lexington. [The Lexington HOME TBRA Payment Standard is the higher of the HUD Fair
Market Rent (FMR),the DHCD LIP (Local Initiative Program) Rent or MassHousing 40B
Rent for each available bedroom size.]
tl
Regional Hous m* g Semces Office
Serving Acton,Bedford,Concord,Lexington,Lincoln,Nhyard,Natick, Sudbury,Wayland,and Weston
Officc, Ad(h,ss: V7 Knox N"IAW 720
Phone: (978p2,87 M92,
Given the payment standard,the Program will generally be used for units that are already
restricted as affordable (Avalon or LexHAB for example). At Avalon,when tenants first
move in they pay first month rent, a security deposit of$500-$700 and no last month rent.
LexHAB's approach is more customized for the tenant, and other properties also have
different standards, including higher security deposit standards.
Affordable units are difficult to come by (long waiting lists) and require a year-long lease.
Security deposits will be returned to the tenant when they leave. Other options discussed
included returning the security deposits to the Consortium (such funds, known as Program
Income, are not returned to the program that generated them). However, it was thought
that the tenant might not take as much care if it was not their funds.
HOME Funds
This is an appropriate use of HOME funds, and allows Lexington to expend their funds in
the community in the 15 month `exclusive use period', after which the funds transfer to the
Consortium-level pool.
The funds are paid directly to the landlord, and do not cover pet deposits, realtor fees, or
other `extras'.
The funds will be awarded on a First-come First-Served basis.
This is a new program, and has never been offered to Lexington residents.
Bedford and Wayland also offer TBRA programs as a way to utilize the HOME funds,
administered by the RHSO.A combined total of 22 households have been assisted since
implementation, at an average of$2000 per case between Bedford and Wayland. The
RHSO is planning to implement TBRA programs with HOME funds for Sudbury, Concord
and Natick.
Next Steps and Implementation
This program requires approval from the Selectmen (as it is a substantial change to the
Annual Action Plan) with a public hearing. The Selectmen approve modifying the Annual
Action Plan to fund a Tenant-Based Rental Assistance Program with current FY22 and
FY23 HOME Program Allocation.
The RHSO will administer the Program for Lexington, and Lexington will perform the
outreach and publicity. The Program will be marketed to affordable property owners.
Once approved, the program materials will be completed, which includes application
materials, lease addendums and HOME administrative forms. Once a tenant is approved,
the funds are made available to the landlord. The funds can come directly from Newton, as
HOME administrator,though it is timelier for the funds to come from Lexington (housing
trust), and then get reimbursed from Newton. Newton generally takes longer than a
month to create payments, and often the tenant and landlord need the funds right away to
support moving in. This detail will be worked out once the program is approved for
Lexington.
Regional Hous m* g Services Office
Serving Acton,Bedford,Concord,Lexington,Lincoln,Nhyriard,Natick Sudbury,Wayland,and Weston
)Mwe �"d(h ess: 17 Vnox U auI, /Uon,�,14)0 720 111 IANVIIA;I°�6(-Mous q I cw�"
Vhonc� 078)287 M921 kIm6L P,�F(k'�'v Phous�n�!w��
The number of cases expected in the first year may not achieve the target- ie. We may not
have enough applicants to spend the funds before they`expire'. The income and rent
limits are very restrictive, and there are few eligible households and units that turnover
annually. Publicity is important, and it will take some time to get the word out. It is a good
use of HOME funds, and has the potential to assist a number of households annually.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update to the Select Board on the Bike-Friendly Report Card
PRESENTER: ITEM
NUMBER:
Susan Barrett, Transportation
Manager I.3
SUMMARY:
Category: Informing
Susan Barrett, Transportation Manager will be providing the Select Board a report on the Bike Friendly Report
Card (attached). Lexington has received the Bronze-level Bicycle Friendly Community designation, which will
be in effect for four years. The purpose of the designation is to provide metrics by which to evaluate the
Town's progress as a bike friendly community. Pages 4 & 5 of the report provide recommendations on how
Lexington could become a more bike-friendly community.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 6:55pm
ATTACHMENTS:
Description Type
❑ BB&,1^nienndly ICZ4,jn4nnt(Aud Uwer mcnno
2023 Bicycle IF^nienida y Conn- uirnity I'lesenntation,
I Its OtUAGIJ[o/q4*k,
RIIII( 811111 y
n
c�
Lexington, MA �
iul�`°'° Award: Bronze Spring 2023 Lexington's BFA Program Stats
Award History: # of Local Bicycle Friendly Businesses:)
THE L AGUE Bronze since 2014. # of Local Bicycle Friendly Universities. 0
# of Local League Cycling Instructors: 8
Massachusetts's Bicycle Friendly State Ranking: #1
�H Community Profile
Population: 34,454
Engineering 31% 53% Area:16.5 square miles
Education 35% 56% Population Density: 2088 people/square mile
Land Classification:
Encouragement 48% 68% Majority Suburban
Poverty Rate: 3.2%*
Evaluation&Planning 30% 42% Median Household Income:$185,686*
Equity&Accessibility 25% 37% Percent of the Population that Speaks a
Language Other Than English at Home:35.9%*
�� �,i,,�I�, ,� „r�i If I I, percent with Disability:7.2%*
Percent of Households with No Vehicle Available: 4.1%*
Key Outcomes *Source: https://data.census.govlprofilelLexington_CDP,_Massachu-
Overall Commuter Ridership:1.2% setts?g=1600000US2535250
Male Commuter Ridership:1.8%
Female Commuter Ridership: 0.4% Lexington's Bike Links
(Bicycle Mode Share among commuters,according to the Census
Bureau's 2021 American Community Survey 5-Year Estimate.) Bike Network Map, if available:
Bicycle Mode Share: unknown N/A
(Reported by applicant) Bike Plan, if available:
N/A -no bike plan
Annual Average Bicyclist Crashes in last 5 years: 14.4
Annual Average Bicyclist Fatalities in last 5 years: 0
(Crashes and Fatalities both reported by applicant)
Spring 2023 BFC Public Survey Response Summary for Lexington, MA
How satisfied are you with how this community is designed Is it safe or dangerous to ride a bicycle in your
for making bike riding safe?(n =131) neighborhood, or does it depend? (n = 128)
IIIIIIIIII Safe(38.3%)
It Depends(54.7%)
))lull Dangerous(7.0%)
IIIIIIIIII Very Satisfied (21.40%) Somewhat Dissatisfied (16.8%)
IiiI Somewhat Satisfied (44.3%) 111 Very Dissatisfied (3.1%)
Neither Satisfied nor Dissatisfied (14.5%)
What is the number one change you would most like to see the local government make in this community for bicyclists?(n = 130)
1. More bike lanes (23.1%) 4. Reduce speeds through traffic calming and/or road diets (11.5%)
2. More bike paths (15.4%)
3. Improve existing bike lanes to protected bike lanes (13.1%)
Page 1 of 5
About this Report Card
The following scores are based on the online application submitted by Lexington in the Spring 2023 Bicy-
cle Friendly Community (BFC) submission round. These scores reflect a combination of automatically-gen-
erated points earned through the online application, as well as judge-assigned points and bonus points
given by BFC reviewers.
The League updated its Bicycle Friendly Community application and awards criteria in the Summer of
2022, after nearly a year of research, focus groups, interviews, listening sessions, and other outreach. The
updated application includes a new section on Equity and Accessibility, and other changes throughout.
As such, this Bicycle Friendly Community Report card is a beta version as we refine our new scoring
system and develop a greater understanding of how to convey new information.
All Spring 2023 BFC Report Cards (including this one) will be republished with updated scores if there are
significant changes to the points system after the next round of BFC applications. To learn more about the
BFC application and awards criteria, please visit https://bikeleaque.orq/community.
Lexington earned 31%of the points available in the Engineering Category. Below is the breakdown of points that
Lexington earned in each subcategory of the Engineering section compared to the total points available in that
respective subcategory from the Spring 2023 BFC application.
Z v
Policies and Design Standards for the Built Environment 8/41 pts
W
End-of-Trip Facilities 11/44 pts
LLJ Bicycle Network 31/128 pts
Z Network Maintenance 20/32 pts
!, Bicycle Access to Public Transportation 10/23 pts
Z
LLJ Bike Sharing 0/21 pts
Other Bicycle-Related Amenities 2/6 pts
Regional Coordination 18/23 pts
Engineering Bonus Points 4/10 pts
Lexington earned 35% of the points available in the Education Category. Below is the breakdown of points that
Lexington earned in each subcategory of the Education section compared to the total points available in that
respective subcategory from the Spring 2023 BFC application.
QYouth Bicycle Education 15/69 pts
C.J1 Adult Bicycle Education 28/47 pts
0
Motorist Education 12128 pts
W Bicycle Safety Education Resources 6/16 pts
Inclusive Education 5/26 pts
Education Bonus Points 3/7 pts
Page 2 of 5
Lexington earned 48% of the points available in the Encouragement Category. Below is the breakdown of points
that Lexington earned in each subcategory of the Encouragement section compared to the total points available in
Z that respective subcategory from the Spring 2023 BFC application.
C-D Encouragement Policies,Programs and Partnerships 4/17 pts
Q
IC= Route-Finding Support 5/10 pts
O
Bicycle Culture and Promotion 55/91 pts
V Access To Bicycle Equipment and Repair Services 9/35 pts
Z
Ly Reducing Work-Related/Fleet VMT 5/11 pts
Encouragement Bonus Points 3/7 pts
O Lexington earned 30%of the points available in the Evaluation&Planning Category. Below is the breakdown
Z of points that Lexington earned in each subcategory of the Evaluation&Planning section compared to the total
Z points available in that respective subcategory from the Spring 2023 BFC application.
iu i
,nl I
1 11 � 1 11 111
,a Staffing And Committees 18/40 pts
c.ZS
Z Public Engagement for Bicycle Planning 19/35 pts
O Planning,Funding,And Implementation 1/46 pts
Q Evaluating The Bicycle Network 1/24 pts
Evaluating Ridership 4/20 pts
Evaluating&Improving Safety Outcomes 18/42 pts
W
Evaluation&Planning Bonus Points 3/7 pts
>. Lexington earned 25% of the points available in the Equity&Accessibility Category. Below is the breakdown of
1�— points that Lexington earned in each subcategory of the Equity&Accessibility section compared to the total points
available in that respective subcategory from the Spring 2023 BFC application.
m L'11!"111
A,,
---- �
IN Equity&Accessibility Staffing,Committees,&Partnerships 12/24 pts
C..i Equity Data Collection&Goals 0/12 pts
C..� Equity&Accessibility Policies&Plans 10/31 pts
Q
t.2S Equity&Accessibility in Engineering 4/44 pts
Equity&Accessibility in Education 8/52 pts
Equity&Accessibility in Encouragement 11/42 pts
C= Equity&Accessibility in Evaluation&Planning 15/58 pts
W
Equity&Accessibility Bonus Points j 4/9 pts
Page 3 of 5
IIIIIIP W w � 115� SHE IEAGUE
y
THE LEAGUE
h
�1Jo1&Illlttmwtinmnullm�l� �
i S
L in ton, MA �z
9 �lr
Award: Bronze I Spring 2023 1 Award History: Bronze since 2014.
""""'IIIIII��������IIIIIIIII° IIIIII' "' IIII 11111TOIIIII III IIIII°�zlllll' "' IIIIII��������
To maintain and improve on Lexington's Bronze-level Bicycle Friendly Community award, BFC Reviewers
recommend...
» Lexington has made great progress since your last Bicycle Friendly Community application! The education,
encouragement, and equity efforts shown over the last several years are commendable, and with similar focus
and investments around improving Lexington's physical infrastructure, including increasing staff time and the
development of a new Bicycle & Pedestrian Plan, your community will be well-poised to boost ridership and
advance in BFC award levels in the coming years.
Continue to expand and improve Lexington's low-stress on-road bike network and ensure that your community
follows a bicycle facility selection criteria that increases separation and protection of bicyclists based on levels
of motor vehicle speed and volume, to maximize safety and comfort for bicyclists of all ages and abilities. Work
to connect the existing off-road bikeway facilities with low-stress on-road facilities to develop a cohesive and
connected network that allows bicyclists to access their daily destinations across town by bike.
» Conduct a connectivity analysis and network quality evaluation of your existing bicycle network, and work to
identify and fill any gaps. Establish a performance measurement program for bicycling and/or active transpor-
tation infrastructure. See FHWA's resources on these topics: https://bit.ly/FHWA_connectivity and https://bit.
ly/FHWA_bikepedPMs.
Develop a design manual that meets current NACTO standards or adopt the NACTO Urban Bikeway Design
Guide. This will make it easier for city staff to propose and implement bicycle facility designs that have been
shown to improve conditions for people who bike in other cities throughout the United States.
d, Lower speed limits on residential streets to 20 mph or less. Introduce road diets and traffic calming measures
to ensure compliance. Develop a system of bicycle boulevards, utilizing these quiet neighborhood streets, that
creates an attractive, convenient, and comfortable cycling environment welcoming to cyclists of all ages and
skill levels. Use the Bicycle Boulevards section of the NACTO Urban Bikeway Design Guide for design guidelines.
Launch a phone app or 311-like system to report hazards along the bikeway.
» Conduct a bike parking study or audit to determine current conditions of bike parking, in terms of quality,
quantity, and equitable distribution across the community. Identify gaps in availability, including at urban cen-
ters and bus stops. Develop a more proactive process to continually increase the amount of new high quality
bicycle parking, and continue working to upgrade the quality of existing bike parking to meet APBP and acces-
sibility standards where needed. Develop community-wide Bicycle Parking Standards that adhere to current
APBP guidelines. (See www.apbp.org/bicycle-parking-solutions)
Secure funding to expand the Boston-area BlueBikes bikeshare program into Lexington. Bike sharing is a con-
venient, cost effective, and healthy way of encouraging locals and visitors to make short trips by bike, make
bicycling more accessible to all, and to bridge the 'last mile' between public transit and destinations.
d, Partner with the Chinese American Association of Lexington to translate all bike safety education and promo-
tional materials into Chinese to better serve Lexington's high percentage of Chinese-speaking households.
d, Improve bicycle safety education for students of all ages by incorporating mandatory on-bike education op-
portunities for younger students and by expanding the program to all K-12 schools, including middle and high
schools. Consider decoupling the scooter program from the bike safety program. Providing a fleet of bicyclesin
school -- including adaptive cycles -- for on-bike education ensures that every student can learn to safely ride a
bicycle regardless of the availability of a bicycle in their household. Secure funding for teachers to participate
in the Massachusetts Safe Routes to School Professional Development curriculum.
» Implement a method for evaluating the bike lane pilot at Lexington High School, and explore more locations
around the community to conduct similar pilots.
Page 4 of 5
Ilf� SHE IEAG UE
R����: 811111 q
y
�1Jo1&Illlttmwtinmnullm�l� ti
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THE LEAGUE L in ton, MA
Award: Bronze Spring 2023 1 Award History: Bronze since 2014.
""""' ''��������IIIIIIIII'�' IIIIII ��IIII ""' IIIII III IIIII'��zlllll""' IIIIIIIIIII���� IIIII ""' IIIII III ' IIIIIIIIIII���IIIII'� �Illlh°°Illlh°°
» Encourage more local businesses, agencies, and organizations to promote cycling to their employees and cus-
tomers and to seek recognition through the Bicycle Friendly Business program.
» Hire a full-time Bicycle & Pedestrian Coordinator for the City. Expanding the staff time focused on bicycling-re-
lated projects and programs would help in scaling up your BFC efforts.
Your application indicated that your community is currently creating a Bicycle Master Plan. This is a great step
to improving conditions for bicycling and institutionalizing processes for continual improvement. Your Bicycle
& Pedestrian Master Plan should take advantage of best practices that are applicable to a community of your
size, including the use of separated bike lanes, targeted education programming, and demonstration projects
to help the community understand possible bicycle facilities. Ensure that there is dedicated funding for the
implementation of the new plan, and specific-measurable goals.
» Incorporate data from the All Aces report into the new Bicycle & Pedestrian Plan, and continue efforts to link
the bike/ped plan to Lexington's Racial Equity Action Plan. Collect more socioeconomic and demographic data
as it relates to current transportation habits and patterns, and establish equity-related indicators to inform
future prioritization and budgeting processes, as well as your new Bicycle & Pedestrian Master Plan.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Traffic Safety Group's Recommendation to Revise the No-Parking
Area on Worthen Road
PRESENTER: ITEM
NUMBER:
John Livsey, Town Engineer
I.4
SUMMARY:
Category:Decision-Making
The Transportation Safety Group (TSG)was asked by the LHS Principal to review safety issues on Worthen
Road and as a result is recommending to adjust the parking prohibition code on Worthen Road in front of
LHS. TSG is recommending widening the sight line of the crosswalks by pushing the parking further away and
then install additional striping to re-enforce the parking prohibition and realigning the no parking signs which
triggers the need to make this parking code change.
The LHS Principal(current Acting Principal), David Coehlo, Assistant Superintendent are supportive of these
changes.
Attached is a memoranda explaining the change, a parking layout plan and the actual vote.
SUGGESTED MOTION:
Move to amend the Traffic Rules and Orders of Lexington, adopted on November 13, 1967, now Chapter 192
of the Code of Lexington, as follows:
BY AMENDING CHAPTER 192-18 SCHEDULE I PARKING PROHIBITED OR
RESTRICTED THE FOLLOWING: (Deletions are erosse out, and additions are bold and
underlined
Location Side From To Restriction
Worthen Road East 360 390 feet 4-54130 feet No parking
north of Waltham northerly
S treet
Worthen Road East 860 840 feet 4-3-0150 feet No parking
north of Waltham northerly
S treet
Worthen Road West -4150 feet nortH Waltham Street No parking
of
Baskin Road
Worthen Road West 300 395 feet 40120 feet No parking
north of Baskin northerly
Road
BYADDING TO CHAPTER 192-18 SCHEDULE 1 PARKING PROHIBITED OR
RESTRICTED THE FOLLOWING:
Location Side From To Restriction
Worthen Road East 1430 feet north 75 feet northerly No Parking
of Waltham
S treet
Worthen Road West 1010 feet north 75 feet northerly No Parking
of Baskin Road
BY DELETING FROM CHAPTER 192-18 SCHEDULE 1 PARKING PROHIBITED OR
RESTRICTED THE FOLLOWING:
Location Side From To Restriction
WtRham Street
Wo. e n o a con F et ttoftil. F
Waltham,.._., Street
Bask4n Road
FOLLOW-UP:
Assistant Planning Director
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 7:05pm
ATTACHMENTS:
Description Type
D Mon,) Cover Memo
(_a)ai.a;Aont n(fina ut Vole Cover 11Nc;mo
rrew a� TOWN OF LEXINGTON
TRANSPORTATIONSAFETY GROUP
1625 Massachusetts Avenue
4t Lexington,Massachusetts 02420 Contact: Sheila Page
AI'IL kr
781-698-4560 Assistant Planning Director
htt s://www.lexin tonma. ov/trans ortation-safet - rou
p �g p �P spage(�,)lexingtonma.gov
Date: August 2, 2023
To: Jim Malloy; Town Manager
Cc: Kim Katzenback, Executive Clerk Select Board
Carol Kowalski,Assistant Town Manager for Land Use Health and Development
Michael McLean, Chief of Police
Fr: Transportation Safety Group - Sheila Page,Assistant Planning Director
RE: Amend Parking Regulations on Worthen Road by Lexington High School
Select Board Vote Requested:
Vote to amend§192 Schedule No. I Parking Prohibited or Restricted by amending the following:
Location Side From To Restriction
Worthen Road [Added 8- East 34�390 feet north 450 130 feet No parking
14-2000; amended 9-11- of Waltham Street northerly
20001
Worthen Road [Added 9- East MO 840 feet north 4-30 150 feet No parking
11-20001 of Waltham Street northerly
Worthen Road [Added 1- West 2-0150 feet north of Waltham Street No parking
23-19891 Baskin Road
Worthen Road [Added 8- West 500 395 feet north 40130 feet northerly No parking
14-20001 of Baskin Road
By adding the following:
Location Side From To Restriction
Worthen Road East 1430 feet north of 70 feet northerly No Parking
Waltham Street
Worthen Road West 1010 feet north of 70 feet northerly No Parking
Baskin Road
And by deleting the following:
Location Side From To Restriction
W,,i4hea Read [Added 7_ E7aSj 150 feet n,i4h r nn feet norther-ly 14o pafking
Wo fthe Read [Added 7 E7R4580 feet re.t nn feet nai he fly No p"ing
0-2" Waltham Street
Worthen Road f A.aded C_ Wes 20 feet north of 130 fee �4o par-king
18 ,on- mended Baskin Roa E)
10�1620001
Background
The Transportation Safety Group (TSG)was asked by the then high school principal
Andrew Stephens and the School's Transportation Office to review safety issues on
Worthen Road by the high school after a student was hit in the crosswalk and an incident
with school bus where a car tried to go around a turning bus. These accidents demonstrate
the need to make Worthen Road safer.
We heard anecdotally and saw during observations that many drivers park where they
shouldn't; resulting in crowding of the crosswalks and intersections, interfering with safe
sightlines and with the school buses' space to turn.
We also saw many conflicting "no parking" signs. A comparison of the existing parking
prohibitions in Chapter 192 of the Lexington Code and the actual parking signs on the
ground shows discrepancies.
TSG recommends revising the parking regulations. The amended parking code moves
parking away from crosswalks and the driveway corners creating better sightlines for cars
and pedestrians and gives more space for buses to turn. Clear signage will help with
enforcement.
New striping and strategically placed water-filled barriers will remind drivers where to park.
The barriers will be removed for the winter.
This proposal was reviewed with the new high school principal, Andrew Baker.
Timeline: Signs will be placed before school starts. Weather permitting, the striping and
barriers will also be placed before school starts.
Funding: This work can be completed within existing budgets.
VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF
1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS
OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON
NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF
LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS:
BY AMENDING CHAPTER 192-18 SCHEDULE 1 PARKING
PROHIBITED OR RESTRICTED THE FOLLOWING: (Deletions are
Grp t and additions are bold and underlined
Location Side From To Restriction
Worthen Road East 340-390 feet north of 439 130 feet northerly No parking
Waltham Street
Worthen Road East 840 840 feet north of 440 150 feet northerly No parking
Waltham Street
Worthen Road West 20 150 feet north of Waltham Street No parking
Baskin Road
Worthen Road West -5�)4 395 feet north of 4-0 120 feet northerly No parking
Baskin Road
BY ADDING TO CHAPTER 192-18 SCHEDULE 1 PARKING
PROHIBITED OR RESTRICTED THE FOLLOWING:
Location Side From To Restriction
Worthen Road East 1430 feet north of 75 feet northerly No Parking
Waltham Street
Worthen Road West 1010 feet north of 75 feet northerly No Parking
Baskin Road
BY DELETING FROM CHAPTER 192-18 SCHEDULE 1 PARKING
PROHIBITED OR RESTRICTED THE FOLLOWING:
Location Side From To Restriction
Wwt-hen Rea a East 1 cn& .,, r1, f nn feet northeF!5 No pad�*44
�x�,,.� FffA con feet north 40 feet ftwt-herl� NO pal--kin
DATE OF PASSAGE
SELECT
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Massachusetts Water Resources Authority (MWRA) Sewer Bond
PRESENTER: ITEM
NUMBER:
Carolyn Kosnoff, Assistant Town
Manager for Finance I.5
SUMMARY:
Category:Decision-Making
This item requests approval of the Select Board to enter into a$1,590,000 Financial Assistance Agreement
with the Massachusetts Water Resources Authority(MWRA)to fund sewer system improvements through
MWRA's Infiltration/Inflow Local Assistance Program.
The $1,590,000 financial assistance package includes a$1,192,500 grant and a$397,500 loan. The MWRA
requires the issuance of a municipal bond to secure the loan which will be issued under the wastewater
borrowing authorization approved by the 2021 Annual Town Meeting. The principal-only bond will be repaid in
equal installments of$39,750 over 10 years, beginning in FY2025. The issuance of this Sewer Bond requires a
vote of the Select Board in the form of motion below.
All supporting documentation for financing is attached, including copies of the Financial Assistance Agreement
and Loan Agreement with MWRA.
SUGGESTED MOTION:
I move: that the sale of the $397,500 Sewer Bond of the Town dated August 28, 2023, to
Massachusetts Water Resources Authority(the"Authority") is hereby approved and the Town
Treasurer or other appropriate Town official is authorized to execute on behalf of the Town a Loan
Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The
bond shall be payable without interest on August 15 of the years and in the principal amounts as
follows:
Year Installment Year Installment
2024 $39,750 2029 $39,750
2025 39,750 2030 39,750
2026 39,750 2031 39,750
2027 39,750 2032 39,750
2028 39,750 2033 39,750
and further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and
hereby are, authorized to take any and all such actions, and execute and deliver such certificates,
receipts or other documents as may be determined by them, or any of theirs, to be necessary or
convenient to carry into effect the provisions of the foregoing vote.
FOLLOW-UP:
Select Board to sign Bond and Bond Certificate. Financing is scheduled to close on August 28, 2023.
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 7:15pm
ATTACHMENTS:
Description Type
Ct(fWRA Sevver f.3ond Backip Maturks l
M WRA(A.-,rtdicaate Backup Materwa
M WIf(Ca 082(y)-3 IE.:ackup Mau(a°rbu
$397,500 $397,500
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF LEXINGTON
SEWER BOND
The Town of Lexington (hereinafter called the "Municipality") in the County of
Middlesex and in The Commonwealth of Massachusetts promises to pay to the Massachusetts
Water Resources Authority(hereinafter called the "Authority"), or registered assigns, the sum of
Three Hundred Ninety-Seven Thousand Five Hundred Dollars ($397,500) in installments on
August 15 of each year as set forth below, without interest:
Year Installment Year Installment
2024 $39,750 2029 $39,750
2025 39,750 2030 39,750
2026 39,750 2031 39,750
2027 39,750 2032 39,750
2028 39,750 2033 39,750
Principal payments on this bond are payable at the offices of the Authority at Deer Island,
33 Tafts Avenue, Boston, Massachusetts 02128. Upon final payment of the principal of this
bond the Authority shall cancel this bond and return it to the Municipality.
This bond is the only instrument representing a borrowing of$397,500 issued by the
Municipality pursuant to Chapter 44 of the General Laws as amended and a vote of the
Municipality duly passed on the twenty-fourth day of March, 2021. This bond is issued for the
purpose of defraying the cost of improvements to the Municipality's sewer system as described
in said votes.
This bond is a general obligation of the Municipality and the full faith and credit of the
Municipality is pledged for the payment of principal on this bond as the same shall become due
and payable.
This bond is transferable only upon presentation to the Treasurer of the Municipality with
a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless
made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon
by the Treasurer with a record of payments.
134065512v.1
In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer
and countersigned by its Select Board and the seal of the Municipality to be affixed hereto as of
the twenty-eighth day of August, 2023.
TOWN OF LEXINGTON,
MASSACHUSETTS
By:
Treasurer
Countersigned:
Members of the Select Board
(TOWN SEAL)
CJD/BMM 07/28/23
(Please Note: The following statements are an essential part of the permanent bond
record. Read them carefully before signing this certificate. Advise Locke Lord LLP of any
inaccuracy.)
Town of Lexington, Massachusetts
$397,500 Sewer Bond
CERTIFICATE
We, the members of the Select Board and the Treasurer of the Town of Lexington,
Massachusetts (the "Town"), certify that we have signed the 5397,500 Sewer Bond (the "Bond")
of the Town dated August 28, 2023, and payable, without interest, in installments on August 15
of each year as set forth below:
Year Installment Year Installment
2024 $39,750 2029 $39,750
2025 39,750 2030 39,750
2026 39,750 2031 39,750
2027 39,750 2032 39,750
2028 39,750 2033 39,750
The Bond bears the Town seal, which is also affixed to this certificate.
We further certify that the Loan Agreement with the Massachusetts Water Resources
Authority(the "Authority") dated August 28, 2023 providing for the sale of the Bond has been
signed by the Treasurer, and that the Financial Assistance Agreement dated August 28, 2023
relating to the Project financed by the Bond has been signed by the Treasurer and we hereby
confirm those Agreements. The Loan Agreement and the Financial Assistance Agreement are
sometimes referred to collectively in this certificate as the "Agreements." Capitalized terms used
in this certificate and not otherwise defined shall have the same meanings given those terms in
the Agreements.
We, the members of the Select Board and the Treasurer, also certify as follows:
1. Authority. The Bond is issued pursuant to G.L. c.44 §7(1) and a vote of the Town
passed March 24, 2021 (Article 14(a)), which authorized a total borrowing of$800,000.
The issuance of the Bond and the execution of the Agreements were further authorized by
a vote of the Select Board passed at a duly called meeting of the Board held August 7, 2023 (the
"Select Board Vote").
2. Other Debt. No other debt has been incurred under that vote of the Town.
134065636v.1
3. Use of Project and Loan Proceeds.
(a) No Reimbursement. None of the proceeds of the Loan and the Bond are
being used by the Town to reimburse the Town for expenditures previously made from funds
other than proceeds of a borrowing.
(b) Prior Notes or Bonds. No proceeds of the Loan or the Bond will be used
to pay or retire any notes, bonds or other evidence of indebtedness previously issued by the
Town.
(c) No Sale of Project. The Town does not expect to sell any Project prior to
repayment of the Loan and the Bond.
(d) Use in Trade or Business. Not more than 5% of the gross proceeds of the
Loan or the Bond are to be used (directly or indirectly) in any trade or business carried on by any
person other than a state or local governmental unit. (Use in a trade or business includes all
activities carried on by the federal government(including its agencies and instrumentalities), by
so-called Section 501(c)(3) organizations and by all other nongovernmental entities other than
natural persons not engaged in a trade or business, but does not include use as a member of or on
the same basis as the general public.) The Town does not have or plan to have any contract or
other arrangement not applicable to the general public under which a party, other than the
Commonwealth or a local governmental unit, is to have the use of the Project or is to make
payments based on costs of the Project rather than system costs.
(e) Private Loans. None of the gross proceeds of the Loan or the Bond are to
be used by the Town directly or indirectly to make or finance loans to others. (The foregoing
representation does not preclude the financing of a Project whose costs are to be paid by
betterment assessments over a period of years.)
I, the Treasurer, hereby certify as follows:
4. Debt Limit. At the time of its authorization, the Bond was, and on the date hereof
is, within every applicable debt and other limit prescribed by law or otherwise.
5. Delivery and Receipt. The Bond was delivered on this date and the full purchase
price of$397,500 and a grant in the amount of$1,192,500 are expected to be received from the
Authority on August 31, 2023.
We, the members of the Select Board, the Treasurer and the Town Clerk, hereby certify
as follows:
(a) Authorization, Execution and Delivery of Documents. The Loan
Agreement, the Financial Assistance Agreement and the Bond have been duly authorized,
executed and delivered. None of those instruments has been amended or supplemented since its
date (except such amendments or supplements which have been approved by the Authority) or
repealed and each such instrument remains in full force and effect as of this date.
- 2 -
(b) Signatures and Incumbency. The signatures of the Treasurer and the
members of the Select Board as appearing below are the genuine signatures of the persons who
executed the Bond and who held those offices when the Agreements and the Bond were signed
and when they were delivered.
(c) Open Meeting Law. Except for the town meeting called pursuant to G.L.
c.39, §10, all proceedings essential to the issue of the Bond and the authorization, execution and
delivery of the Agreements and deliberations of a quorum relating thereto have been taken at a
meeting or meetings open to the public; notice of each such meeting was filed in the office of the
Town Clerk and publicly posted in the time and manner set forth in G.L. c.30A, §§18-25, as
amended, or, if applicable, in accordance with an alternative method of notice prescribed or
approved by the Attorney General as set forth in 940 CMR 29.03(2)(b); no deliberations,
decision or vote in connection with the Bond or the Agreements were taken in executive session
and no vote was taken by secret ballot; and the official record of each such meeting was made
available to the public and remains available to the public as set forth in G.L. c.30A, §§18-25, as
amended.
(d) Proceedings. No proceeding essential to the authorization, execution,
delivery or issue of the Agreements and the Bond has been repealed or amended except as stated
in paragraph (1) above, and no proceedings have been taken relating to the Agreements and the
Bond other than those certified to Locke Lord LLP.
(e) Bylaws. The bylaws described below are the only bylaws or standing
votes of the Town affecting the authorization, sale or issue of the Bond, including the calling and
conduct of town meetings, or the authorization, execution or delivery of the Agreements, and
there has been no change therein affecting those matters in any way except as may be indicated
below:
General By-Laws of the Town of Lexington, as amended
through the 2012 Annual Town Meeting (Supplement#16)
and certified to Locke Lord LLP on January 25, 2023.
(f) Home Rule. The Town has not adopted a home rule charter and the Town
has not amended or repealed any special law relating to the Town through the use of home rule
procedures.
(g) Select Board Vote. Attached hereto is a true copy of the Select Board
Vote, which has not been amended or repealed and remains in full force and effect on this date.
(h) Development Districts. The Town has not established any development
districts pursuant to G.L. c.40Q.
(i) Execution of Counterparts and Delivery by Electronic Means. This
certificate (the "Certificate") may be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute one and the same document. Delivery of
an executed counterpart of a signature page to the Certificate 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 the Certificate. Electronic signatures on the Certificate shall be
- 3 -
deemed original signatures for the purposes of the Certificate and all matters relating thereto,
having the same legal effect as original signatures.
[Remainder of page intentionally left blank; signature page follows.]
- 4 -
0) No Litigation; No Financial Interest. There has been no litigation
affecting the authorization, execution, delivery, validity or issue of the Agreements or the Bond
or the power of the Town to levy and collect taxes to pay the Bond; none is pending or to our
knowledge threatened; neither the corporate existence nor boundaries of the Town nor the title of
any of us to our respective offices is being contested; and none of us and, to the best of our
knowledge, no other official of the Town has any direct or indirect financial interest in or
relationship with the Authority.
Dated: August 28, 2023
(date of delivery of and
payment for the Bond)
TOWN OF LEXINGTON,
MASSACHUSETTS
By:
Treasurer
Town Clerk
Members of the Select Board
(TOWN SEAL)
S-1
FINANCIAL ASSISTANCE AGREEMENT
BY AND BETWEEN
THE AUTHORITY
AND
TOWN OF LEXINGTON, MASSACHUSETTS
This Financial Assistance Agreement is made by and between the Massachusetts Water Resources
Authority,a body politic and corporate and public instrumentality,existing under Chapter 372 of the
Acts of 1984, with its principal place of business at Deer Island, 33 Tafts Avenue Boston, MA
02128, ("Authority" or "MWRA") and the Town of Lexington, MA, a municipal corporation duly
organized and existing under the laws of the Commonwealth of Massachusetts, with its principal
place of business at Town Hall, 1625 Massachusetts Avenue, Lexington, MA 02420 ("Awardee")
(collectively, "Parties");
WHEREAS, on August 19, 1992 the Authority Board of Directors voted to approve a program
whereby the Authority was permitted to offer financial assistance to certain local communities
committed to infiltration and inflow reduction or sewer system rehabilitation; and
WHEREAS, the Awardee intends to conduct, or is conducting, an infiltration/inflow ("I/I")
reduction or sewer system rehabilitation project ("Project"); and
WHEREAS,the Awardee filed a Financial Assistance Application in which it furnished information
about the Project to the Authority; and
WHEREAS, the MWRA will provide financial assistance to the Awardee for its Project under
certain terms and conditions, hereinafter provided.
NOW THEREFORE, in consideration of the foregoing and the promises contained herein, the
Parties agree that the Authority will provide and the Awardee will accept financial assistance under
the following terms and conditions:
I. SCOPE OF SERVICES.
The Awardee has entered into or will enter into,within ninety(90)days of the execution of
this Agreement, a contract with a consultant or contractor for sewer rehabilitation and/or UI
reduction services, in accordance with the Awardee's competitive procurement practice, and the
scope of such work is listed in Attachment A.
1
IL FINANCIAL ASSISTANCE.
A. The Authority shall provide financial assistance ("Award") to the Awardee in the form of
both a grant and a loan. The total amount of the Award shall be $1,590,000, of which$1,192,500
shall be in the form of a grant ("Grant") and $397,500 shall be in the form of an interest-free loan
("Loan").
B. The Loan shall be governed by the attached Loan Agreement,which is incorporated herein
by reference as Attachment C.
C. Upon execution of the Loan Agreement,the Authority shall initiate an electronic transfer for
the Total Award through the Automated Clearing House (ACH) having a pay date three business
days after the execution date, including both the grant and the loan, to the following designated
account of the Awardee:
MMDT Account No. 44226561 Federal Tax ID No. 04-600-1200
D. The Authority shall not be obligated to provide additional financial assistance above the
Award amount regardless of additional Project costs which may be incurred by the Awardee.
E. In the event that the Project is not initiated as outlined in the Project Schedule, the Awardee
shall return the entire Grant to the Authority within ninety (90) days.
III. EFFECTIVE DATE OF AGREEMENT.
This agreement will not become effective until the Loan Agreement is fully executed.
IV. TERM.
The term of this Agreement shall begin upon the date of execution of this Agreement,
including the execution of the Loan Agreement,and shall be in effect until the Awardee fully repays
the Loan to the Authority in accordance with the terms of the Loan Agreement. As evidence that the
final payment has been made, the Authority will send a letter to the Awardee indicating that the
Loan has been discharged.
V. PROJECT SCHEDULE.
Implementation of the Project must begin within ninety (90) calendar days of execution of
the Agreement,including the Loan Agreement,or all grant funds must be returned to the Authority.
The Project must comply with the Project Schedule listed in Attachment B.
It is the obligation of the Awardee to obtain all licenses, permits, easements or any other
approvals necessary to begin and successfully complete the Project.
2
VI. EXPENDITURE VERIFICATION REQUIREMENTS.
A. Throughout the completion of the Project Scope of Services, the Awardee shall submit
progress reports to the Authority, on forms provided by the Authority, which outline the overall
progress of the Project,the progress of key Project tasks,and the total Project cost expended to date.
The frequency and schedule for progress reporting is outlined within the I/I Local Financial
Assistance Program Guidelines for Sewer Projects. Progress reports shall be submitted to:
Massachusetts Water Resources Authority
2 Griffin Way
Chelsea, MA 02150
Attn: Community Support Program
B. The Awardee shall append to each progress report information which documents eligible
Project costs, including, but not limited to, consultant and/or contractor invoices; awardee labor,
equipment, materials and other costs; and ancillary expenses. Time sheets and work summaries
documenting any requests for force account work reimbursement must also be provided.
C. The Awardee shall exercise its best efforts to accomplish the Project set forth in the Scope of
Services within the Award Amount established. In the event that an increase or decrease in the total
Project cost is anticipated, or in fact occurs,the Awardee shall immediately notify the Authority in
writing, and shall submit a status report including reasons for changes in Project cost, work
completed to date, total dollars expended to date, and an estimate of the cost required to complete
the Project.
VIL PROJECT INSPECTION.
The Awardee shall make the Project site and all Project records available to the Authority
staff for review during the course of the Project. Authority staff may periodically monitor the
progress of work to insure that the Project is: (1)proceeding substantially as defined in the Scope of
Services; (2)proceeding substantially within the Project Schedule; and(3)proceeding in a manner
which will substantially produce the quantitative I/I reduction result which the Awardee estimated
would be achieved in the Financial Assistance Application.
VIII. PROJECT CLOSEOUT PROVISIONS.
A. Upon completion of the Project, the Awardee shall notify the Authority that the Project is
complete and shall certify,on a form provided by the Authority,that all work included in the Scope
of Services has been completed and performed in accordance with this Agreement. The Awardee
shall submit to the Authority a Project closeout package which shall include a summary of all
Project expenditures and the final Project cost.
B. If the final Project cost meets or exceeds the Award,no revision to the Grant shall be made
during Project closeout.
3
C. If the final Project cost is less than the Award, a revision to the Grant shall be made during
Project closeout. The difference between the Award and the final Project closeout cost will be
calculated and defined as the Project "Shortage Amount". The existence of a Project Shortage
Amount will not affect the Loan repayment amount or schedule.
D. In the event that a Project Shortage Amount exists,the Awardee agrees to repay seventy-five
percent (75%) of such Project Shortage Amount to the Authority. The Authority will send the
Awardee a separate invoice for payment of the Project Shortage Amount forty-five(45)days prior to
the next loan repayment date.
IX. PROJECT AUDIT PROVISIONS.
A. The Awardee, its engineers, and its contractors shall maintain books, records, and other
documents that pertain to and involve transactions related to this Agreement in accordance with
generally accepted accounting principals. The Awardee,its engineers,and its contractors shall also
maintain the financial information and data used by the engineers and contractors in the preparation
or support of all invoices and progress reports. The Authority and any other duly authorized person,
shall have access to such books, records, documents, and other evidence for inspection, audit, and
copying during normal business hours, upon ten (10) days notice and at the Authority's expense.
The Awardee, its engineers, and its contractors shall provide proper facilities for such access and
inspection. All documents shall be kept for at least seven(7)years after either the final payment to
the engineer or contractor or after the closeout of the Project, whichever is later.
B. The Awardee agrees to include the wording of Section IX A, above, in all contracts and
subcontracts hereafter awarded to third party contractors, vendors and service providers related to
this Agreement.
C. Audits conducted by the Authority, or its duly authorized representatives, shall be in
accordance with generally accepted government auditing standards and established procedures and
guidelines of the Authority. Such audits shall be conducted at the expense of the Authority upon ten
(10) days notice to the Awardee.
D. The Awardee agrees to provide the Authority with a copy of the Awardee's annual audited
financial statements within a reasonable time after the issuance thereof,together with a certificate of
the Awardee stating that the Awardee is in compliance with its obligations under this agreement.
X. INTERACTION WITH OTHER PROGRAMS OF ASSISTANCE.
The Awardee certifies that it has not and will not receive financial assistance under the State
Revolving Fund (SRF) or any other state, federal, or other program of funding assistance for any
Project costs for which financial assistance has been provided by the MWRA 1/I Local Financial
Assistance Program.
4
XI. AUTHORITY TO EXECUTE AGREEMENT.
Prior to the execution of this Agreement, the Awardee shall take all steps necessary to
authorize it to property execute this Agreement.
XII. GOVERNING LAW.
This Agreement shall be governed by and construed and enforced in accordance with the
laws of the Commonwealth of Massachusetts.
XIII. COMPLIANCE WITH LOCAL LAWS.
The Awardee shall comply with all applicable laws, ordinances, and codes of the state and
local governments,and shall commit no trespass on any public or private property in performing any
of the work embraced by this Agreement.
XIV. INVALIDITY OF PARTICULAR PROVISIONS.
If any provision of this Agreement shall to any extent be held invalid or unenforceable,the
remainder of this Agreement shall not be deemed affected thereby.
XV. CONTRACTING/SUBCONTRACTING.
The Awardee shall have no capacity to involve the Authority in any contract nor to incur any
liability on the part of the Authority.
XVI. CHANGES TO SCOPE OF SERVICES.
The Authority and the Awardee may, during the course of the project, mutually agree to
revisions in the Scope of Services or Project Schedule. Such changes shall be incorporated into this
Agreement by written amendment.
XVII. PROVISION OF CONTRACTS.
The Awardee agrees to submit to the Authority an executed copy of each contract for
engineering services or construction relevant to the Scope of Services.
5
XVIIL EQUAL EMPLOYMENT OPPORTUNITY.
The Awardee shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicap status or national origin. The Awardee, its
engineer(s),and its contractor(s)shall comply with all applicable laws and regulations pertaining to
nondiscrimination,equal opportunity and affirmative action,including without limitation executive
orders and rules and regulations of federal and state agencies of competent jurisdiction. The
Awardee shall make positive efforts to achieve a goal of 7.18 percent participation of Minority-
owned Business Enterprise(s) and 5.77 percent participation of Woman-owned Business
Enterprise(s)within Professional Services contracts which are funded through financial assistance
under this Agreement. For Non-Professional Services category work, the Awardee should make
positive efforts to achieve a goal of 5.61 percent participation of Minority-owned Business
Enterprise(s) and a goal of 4.88 percent participation of Woman-owned Business Enterprise(s)
within project contracts.
For Construction,the Awardee shall require all construction contractors and subcontractors to make
positive efforts to achieve: (1) a minority employee work force hour goal of 15.30 percent, (2) a
woman employee work force hour goal of 6.90 percent, (3) a goal of 7.24 percent participation of
Minority-owned Business Enterprise(s), and (4) a goal of 3.60 percent participation of Woman-
owned Business Enterprise(s) within the project contracts.
XIX. INDEMNIFICATION.
The Awardee, at its expense, shall defend and shall indemnify and hold harmless the
Authority, its members, officers and employees, from and against any and all claims, causes of
action,suits,losses,damages and expenses,including attorneys'fees,arising out of or resulting from
any acts, errors or omissions or breach of contractual duties by the Awardee and anyone employed
by it(including Contractors, Subcontractors and/or Consultants and their employees)in performance
of this Agreement. Such obligation shall not be construed to negate or abridge any other obligation
of indemnification running to the Authority which would otherwise exist.
XX. MEMBERS, EMPLOYEES NOT LIABLE.
No member or employee of the Authority shall be charged personally or held contractually
liable by or to the Awardee under any term or provision of this Agreement or because of any breach
thereof or because of its execution or attempted execution.
XXI. INTEREST OF AWARDEE.
The Awardee covenants that its Contractors, Subcontractors and/or Consultants presently
have no interest and shall not acquire any interest, direct or indirect, in the property to which this
Agreement pertains or any parcels therein or any other interest which would conflict in any manner
or degree with the performance of its services hereunder. The Awardee further covenants that no
person having any such interest shall be employed in the performance of this Agreement.
6
XXII. INTEREST OF EMPLOYEES; M.G.L.C. 268A.
Neither Awardee, nor its Contractors, Subcontractors and/or Consultants shall, during the
term of this Agreement,hire or employ on either a full-time or part-time basis any person or persons
so long as such person shall be employed by the Authority.
The Awardee acknowledges that the Authority is a state agency for the purposes of Chapter
268A of the Massachusetts General Laws (the Massachusetts Conflict of Interest statute). The
Awardee agrees to take actions and to forbear from taking actions,as circumstances require,so as to
be in compliance at all times with said statute.
XXIIL ASSIGNABILITY.
The Awardee shall not assign any interest, in whole or in part, in this Agreement and shall
not transfer any interest in the same, whether by assignment or novation,without the prior written
approval of the Authority.
XXIV. PAYMENT NOT A WAIVER.
The Authority's payment to Awardee under this Agreement or its review, approval or
acceptance of any actions by Awardee under this Agreement shall not operate as a waiver of any
rights under this Agreement and the Awardee shall remain liable to the Authority for all damages
incurred by the Awardee's failure to perform in accordance with the terms and conditions of this
Agreement.
The rights and remedies of the Authority provided for under this Agreement are in addition
to any other rights or remedies provided by law. The Authority may assert a right to recover
damages by any appropriate means, including but not limited to set-off, suit, withholding,
recoupment, or counter-claim either during or after performance of this Agreement.
XXV. TERMINATION OF THE AGREEMENT FOR CAUSE.
If, through any cause, the Awardee shall fail to fulfill in a timely and proper manner its
obligations under this Agreement(including performance of the Scope of Services and maintenance
of the Project Schedule); or if it is determined that there is probable cause to believe that the Award
was obtained on the basis of fraud, deceit, or illegality; or if the Awardee has failed to comply with
the terms and conditions of this Agreement;the Authority shall hereupon have the right to terminate
this Agreement by giving written notice to the Awardee of such termination and specifying the
effective date thereof.
The Awardee agrees that if this Agreement is terminated by the Authority,the Awardee shall
immediately repay to the Authority the full Grant which is identified in Section II, above. The
Awardee also agrees that the Loan shall not be affected by such termination and that the separate
Loan Agreement shall remain in full effect.
7
XXVI. ATTACHMENTS.
Attachments to this Agreement are incorporated herein and are as follows:
Attachment A Scope of Services
Attachment B Project Schedule
Attachment C Loan Agreement
XXVII. PROJECT SPECIFIC ADDITIONAL TERMS AND CONDITIONS.
1. The community will forward to the Authority one copy of its executed engineering
agreement detailing consultant terms/conditions/schedules.
2. The community will submit to the Authority the proposed project's plans and
specifications (and all Addenda) upon their completion for review and approval.
3. All reports prepared in conjunction with this project shall be submitted to the Authority for
review and approval.
4. The Authority will be informed of the contract award for the construction phase of the
proposed rehabilitation project and forwarded a bid tabulation and contractor notice to
proceed letter.
5. The community will inform the Authority of the date for Final Inspection for the
construction phase of the proposed rehabilitation project. A copy of the As-Built Record
Drawings / Quantities for the rehabilitations contract must also be forwarded to MWRA
upon completion.
8
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2023.
MASSACHUSETTS WATER RESOURCES AUTHORITY
BY:
Matthew R. Horan, Treasurer
AWARDEE: Town of Lexington, Massachusetts
BY:
Print Name: Arnold F. Lovering
Print Title: Town Treasurer
9
MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM- PHASE 14
ATTACHMENT A
FINANCIAL ASSISTANCE AGREEMENT
MWRA PROJECT NO. WRA-P14-17-3-1411
TOWN OF LEXINGTON
PHASE 9 SEWER REHABILITATION CONSTRUCTION AND PHASE 14 SSES
SCOPE OF SERVICES
This project includes multiple phases within the Town of Lexington's ongoing Sewer System
Improvement Program. The objective of this project is to rehabilitate community sewer basins that
contribute excessive 1/1 to the sanitary sewer system. The project area is primary located within
Lexington Sewer Basin 13. Project work will include, but not be limited to the following tasks:
(1) Sewer System Evaluation Survey-Phase 14 is an 1/1 investigation project. The objective of this
project is to identify and quantify 1/1 present in Sewer Basin 03. This project is part of the
investigation and reporting phase of the program.
(2) Phase 9 Construction is a construction project that will remove 1/1 through rehabilitation of
manholes and pipeline sections. The proposed work is to be performed in Sewer Basin 13.
Construction work will be based on the Phase 9 design. The completion of this work will remove
approximately 164,000 gpd of peak infiltration.
The above work will be performed pursuant to the terms and conditions detailed within the
Agreement For Engineering Services By and Between the Town of Lexington and Weston &
Sampson Engineers, Inc. and the approved MWRA 1/1 Local Financial Assistance Project
Application received January 14, 2022. Total project cost is estimated at $1,653,000. Eligible
MWRA 1/1 Local Financial Assistance is $1,590,000 (Phase 14 SSES Cost= $370,000 /Phase 9
Construction Cost = $1,220,000). As a result of the above work, an estimated 0.16 mgd of peak
infiltration will be removed from the collection system.
10
MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM- PHASE 14
ATTACHMENT B
FINANCIAL ASSISTANCE AGREEMENT
MWRA PROJECT NO. WRA-P14-17-3-1411
TOWN OF LEXINGTON
PHASE 9 SEWER REHABILITATION CONSTRUCTION AND PHASE 14 SSES
PROJECT SCHEDULE
Description of Work Start Date Completion Date
Phase 14 SSES March 2023 February 2024
Phase 9 Rehabilitation Construction August 2023 June 2024
11
MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM- PHASE 14
ATTACHMENT C'
FINANCIAL ASSISTANCE AGREEMENT
PROJECT NO. WRA-P14-17-3-1411
TOWN OF LEXINGTON
PHASE 9 SEWER REHABILITATION CONSTRUCTION AND PHASE 14 SSES
LOAN AGREEMENT
12
LOAN AGREEMENT
LOAN AGREEMENT,dated the 28t"day of August 2023 between the Massachusetts Water
Resources Authority, a body politic and corporate, a public instrumentality and an independent
public authority of The Commonwealth of Massachusetts (the "Authority") established by the
Massachusetts Water Resources Authority Act, Chapter 372 of the Acts of 1984 of the
Commonwealth of Massachusetts("Commonwealth"),as amended(the"Act"),having its principal
place of business in Boston, Massachusetts, and the Town of Lexington, MA (the "Government
Unit").
WITNESSETH:
WHEREAS, the Authority has established a program of loans and grants (the "I/I Local
Financial Assistance Program") to assist Local Bodies, as defined in the Act, in establishing
programs for the reduction and control of infiltration and inflow("I/I")into local sewer systems(the
"Local I/I Programs")which will have a beneficial impact on the Authority's cost of maintaining and
improving the Authority's sewer system; and
WHEREAS,the Government Unit has requested a loan from the Authority in the amount of
$397,500 (hereinafter referred to as the "Loan") for the purposes of funding its Local I/1 Program
and, to evidence the indebtedness to be incurred thereby, has duly authorized the issuance of its
bonds in the principal amount of the Loan(the "Municipal Bonds"),which Municipal Bonds are to
be issued to and held by the Authority in accordance with this Loan Agreement; and
WHEREAS,simultaneously with the making of the Loan,the Authority is making a grant in
the amount of$1,192,500 to the Government Unit(the "Grant"), which Grant will also be used by
the Government Unit to fund its Local 1/I Program; and
WHEREAS,the Authority may finance the Loan and the Grant from the proceeds of an issue
of its tax-exempt revenue bonds which proceeds are subject to certain limitations as to investment
and application;
NOW THEREFORE, the parties hereto agree as follows:
1. The Loan, the Grant and the Municipal Bonds. The Authority hereby agrees to make the
Loan and the Grant and the Government Unit hereby agrees to accept the Loan and the Grant and,
with respect to the Loan,to evidence its obligation to repay the Loan by issuing to the Authority the
Municipal Bonds in the principal amount of the Loan,and substantially in the form attached hereto
as Exhibit A. Neither the Loan nor the Municipal Bonds shall bear interest.
2. Representations and Warranties. The Government Unit represents and warrants as
follows: (a) it has duly adopted all necessary votes and resolutions and has taken all proceedings
required by law to enable it to enter into this Loan Agreement and issue its Municipal Bonds to the
Authority to evidence its obligation to pay the Loan; (b) the Municipal Bonds have been duly
authorized, executed and delivered by the Government Unit and constitute valid and binding
2
obligations of the Government Unit, enforceable in accordance with their terms, except as such
enforceability may be limited by bankruptcy,insolvency,moratorium,reorganization or other laws
affecting creditors' rights heretofore or hereafter enacted and general equity principles; (c) the
Municipal Bonds constitute general obligations of the Government Unit to which its full faith and
credit is pledged; (d) all permits and approvals necessary to construct the project being financed by
the Grant and the Loan (the "Project"), given the current status of the Project, have been obtained
and remain in full force and effect; and(e)no litigation before or by any court,public board or body
is pending or threatened against the Government Unit seeking to restrain or enjoin the issuance of
the Municipal Bonds or the construction of the Project.
3. Covenants. The Government Unit agrees that until the Loan shall be paid in full, and the
proceeds of the Loan and the Grant,together with the earnings thereon, shall be expended in full, it
shall perform the following covenants: (a)it shall make the payments with respect to the principal of
the Municipal Bonds in ten equal annual installments, all at the time and in the amounts set forth in
the Municipal Bonds; (b)it shall notify the Authority in writing, from time to time, of the name of
the official of the Government Unit to whom invoices for the payment of principal should be
addressed if different from the address set forth in paragraph 8;and(c) it shall furnish the Authority
annually such information regarding the Government Unit's Local 1/I Program and the
implementation thereof,including project status and expenditure reports and evidence of compliance
with any applicable permits and any other financial or project information as the Authority may
reasonably request.
4. Opinion of Bond Counsel. Attached hereto as Exhibit B is an opinion of bond counsel to
the Government Unit to the effect that(i)the Municipal Bonds have been duly authorized,executed
and delivered by the Government Unit and constitute valid and binding general obligations of the
Government Unit,enforceable in accordance with their terms,except as such enforceability may be
limited by bankruptcy,insolvency,and moratorium,reorganization or other laws affecting creditors'
rights heretofore or hereafter enacted and to general equity principles,and(ii)the Municipal Bonds
constitute general obligations to which the Government Unit's full faith and credit is pledged.
5. Application of Grant and Loan Money (a) The Government Unit shall deposit the
proceeds of the Loan and the Grant(collectively,the"Proceeds")in a single account(the"Account")
separated from its other moneys. Such Account shall be invested with Massachusetts Municipal
Depository Trust or in such other manner as may be approved by the Authority from time to time in
the Authority's reasonable discretion. Earnings on the Account shall be retained in such Account.
The Government Unit shall arrange for copies of all investment reports with respect to the Account
to be furnished in timely fashion to the Authority.
(b) The Proceeds,together with the earnings thereon, shall be applied to the costs of the
Government Unit's Local I/I Program.
(c) The Government Unit acknowledges that the Authority has financed the Loan and
the
Grant with the issue of the Authority's tax-exempt revenue bonds (the "Authority Bonds"). The
Government Unit agrees to take such steps as are reasonably requested by the Authority in order to
3
preserve the tax-exempt status of the Authority Bonds including,but not limited to,the following: (i)
to pay to the Authority such amount,not exceeding the Government Unit's investment earnings on
the Proceeds, as may be required to satisfy the Authority's obligation to pay rebate to the United
States pursuant to Section 148 of the Internal Revenue Code of 1986,as amended(the "Code"); (ii)
to the extent feasible,to limit the investment of the Proceeds,together with any earnings thereon,to
such interest rate or to such investments as the Authority may specify from time to time in writing;
and(iii)to repay to the Authority the Proceeds upon its written request,together with any earnings
thereon,in exchange for other moneys which are not subject to investment restrictions or which are
subject to lesser restrictions.
(d) The Government Unit shall repay to the Authority the unexpended balance in any
account established pursuant to Section 5(a) hereof on or before May 15, 2025 or thereafter shall
invest such unexpended balance in accordance with the directions of the Authority in order to assure
compliance with the applicable provisions of the Code.
6. Prepayment of Loan. The Authority shall have the right to cancel all or any part of its
obligations hereunder and the Government Unit shall be obligated to repay all of the Proceeds
previously disbursed to it which remain unexpended, together with any earnings on the Proceeds,
upon the Authority's request if: (a)any representation made by the Government Unit to the Authority
in connection with its application for Authority assistance shall be incorrect or incomplete in any
material respect; or (b) the Government Unit is (i) in default of any of its obligations hereunder to
make payment on the Municipal Bonds as and when the same shall become due and payable,or(ii)
in default of any other covenant or agreement on its part contained herein, and such default shall
continue for thirty (30) days after written notice from the Authority specifying the default and
requesting that the same be remedied.
If the Authority demands repayment of the Proceeds and the earnings thereon pursuant to
Section 6(a)or if repayment is made pursuant to Section 5(d),the moneys returned to the Authority
shall be attributed first to the Proceeds. Seventy-five percent of the Proceeds shall be treated as a
return of the Grant. Twenty-five percent of the Proceeds and any earnings on the Proceeds shall be
applied to a prepayment of the Loan. If the Authority demands repayment of the Proceeds and the
earnings thereon pursuant to Section 6(b),the moneys returned to the Authority shall be attributed
first to earnings on the Proceeds and then to a return of the Grant.Any Proceeds after such allocation
shall be applied to a prepayment of the Municipal Bonds.
In addition to the foregoing provisions, the Government Unit may prepay the Loan upon
thirty(30)days written notice to the Authority.Except as expressly provided herein,all prepayments
shall be without penalty.
The Government Unit shall remain liable after any prepayment for the unpaid principal on
the Municipal Bonds.Any prepayment shall be applied to the installments of principal due in inverse
chronological order.
4
7. Tax Covenants. The Government Unit shall not take,or permit to be taken,with respect to
the Loan or the Project,any action or actions that would cause any of the Authority's Bonds to be an
"arbitrage bond"within the meaning of Section 148 of the Code or a"private activity bond"within
the meaning of Section 141(a) of the Code or that would cause any such bond to be "federally
guaranteed" within the meaning of Section 149(b) of the Code, or that would otherwise cause
interest on the Authority Bonds to become included in gross income of the recipient thereof for the
purpose of federal income taxation.
S.Any notices to be delivered under this Loan Agreement shall be effective upon receipt and
shall be given by certified mail, return receipt requested to:
As to the Authority:
Matthew R. Horan, Treasurer
Massachusetts Water Resources Authority
Deer Island
33 Tafts Avenue
Boston, MA 02128
As to the Government Unit:
Town of Lexington, Massachusetts
1625 Massachusetts Avenue
Lexington, MA 02420
ATTN: Arnold F. Lovering, Town Treasurer
9. Severability. If any provisions of this Loan Agreement shall for any reason to be held to
be invalid or unenforceable,the invalidity or unenforceability of such provision shall not affect any
of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and
enforced as if such invalid or unenforceable provision had not been contained herein.
10. Counterparts. This Loan Agreement may be executed in one or more counterparts,any of
which shall be regarded for all purposes as an original and all of which constitute but one and the
same instrument. Each party agrees that it will execute any and all documents or other instruments,
and take such other actions as may be necessary to give effect to the terms of this Loan Agreement.
11.No Waiver. No waiver by either party of any term or conditions of this Loan Agreement
shall be deemed or construed as a waiver of any other terms or conditions,nor shall a waiver of any
breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a
different section, subsection,paragraph,clause,phrase,or other provision of this Loan Agreement.
12. Integration. This Loan Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties hereto relating to the subject matter hereof and
constitutes the entire agreement between parties hereto in respect hereof.
5
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year
first above written.
(SEAL) MASSACHUSETTS WATER RESOURCES AUTHORITY
Attest:
By
Rose Marie Convery Matthew R. Horan, Treasurer
Assistant Secretary
(SEAL)
Attest: TOWN OF LEXINGTON, MASSACHUSETTS
By
Mary de Alderete Arnold F. Lovering, Town Treasurer
Town Cleric
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Community Preservation Committee's (CPC) Execution of Grant Agreements
PRESENTER: ITEM
NUMBER:
Carolyn Kosnoff, Assistant Town
Manager for Finance I.6
SUMMARY:
Category:Decision-Making
The 2023 Annual Town Meeting approved three appropriations of Community Preservation Act(CPA) funds
to private entities for restoration and preservation of historic resources. The Community Preservation
Committee has drafted grant agreements to govern the use of CPA funds for the following three projects:
• The the appropriation of$9,600 for Follen Church to fund the restoration of the East Village Clock at 755
Massachusetts Avenue;
• The appropriation of$12,000 for First Parish to fund the restoration of the steeple clock at the First
Parish Church Building at 7 Harrington Road; and
• The appropriation of$118,419 for the Lexington Historical Society to fund the stabilization and
restoration of the Barn at the Hancock-Clarke House.
The attached grant agreements between the Town and the entities listed above provide the requirements of the
CPA grants.
SUGGESTED MOTION:
Move to approve and sign the attached Grant Agreements between:
• The Town of Lexington and Follen Church for the restoration of the East Village Clock at 755
Massachusetts Avenue;
• The Town of Lexington and First Parish for the restoration of the steeple clock at the First Parish
Church Building at 7 Harrington Road; and
• The Town of Lexington and the Lexington Historical Society for the stabilization and restoration of the
Barn at the Hancock-Clarke House.
FOLLOW-UP:
Town Finance staff to coordinate signatures and execution of grant agreements.
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 7:25pm
ATTACHMENTS:
Description Type
D Follen C'hurch Fast Wage Clock (ji-ant AyreNmnerlt 83,23 Rickup Materkil
D pairst Palish Church C11A Grant Agrournont 7.23 KIckalp materk l
D I Lncock Gadw Harn CPA Grant Agreement 7.23 Backup Materkil
(.'.'X.R,A,N, I-',-,A,("IREEMEN't'l,'OR EASTNILLAGE ("LOCK ATIFOLLEN CHURCH
O("K RESTORATION
This Grant Agreement ("Agreement") is dated 4' 3 2023, by and between
FOLLEN CHURCH with its principal oft-ice at 755 Massachusetts Avenue, Lexington,
Middlesex County, Massachusetts 02420 (the "Granice"), and the "Town ofl...exington, as
nlunicipal corporation with its principal off-ices at 1625 MasSaChUse(ts Aventle, Lexington,
Middlesex County, Massachusetts 02420, acting by and througli its Select Board (the "Town"):
WHEREAS, the Grantee has $(,)Light funding frorn the,Town pursuant to the Community
Preservation Act, G,L c, 4413,to fund the restoration of the Last Village clock at the Follen
Church building, located at 755 Massachusetts Avenue. Lexington, Massachusetts, owned by
the Grantee (the "Property"'), helping to ensure the preservation ofthe Property frotin destruction
and harm (the "Proj ect")- and
WI IERFAS, at the Town Meeting held oil April 3, 2023 the To'Am voted to appropriate
the surn of Nine Thousand Six Hundred Dollars (S9,600) from the Historic Resources Reserve
ofthe Community Preservation Fund (the "Funds") for that purpose; and
WHL'REAS, the Town and the Grantee wish to memorialize herein the teniis, governing
the disbursenwrit,ofthe FUnds appropriated by tile Town at Town Meeting, and the repayment of
the Funds in the event that the Property is sold or otherwise disposed of during the useful life of
the capital improvements ftinded by the Town.rr
NOW, TFIEREFORE, in consideration of the as coveriarits herein set forth, the
parties agree as follows:
I The Grantee agrecs that the Fitilds shall be used solely for the purpose of restoring the
historic clock.on the steeple of IF-fallen Church ft)r histuric preservation purposes,
,The Grantee represents that the total CPA grant From the Town will not exceed S9,600,
SUbject to paragraph #2 below, The Grantee also represents that the Prqicct is funded in
part, under the Community Preservation Act, G.L. c. 441 , § 5(b) (2). The (-irantee shall
make no other Use, OfthC 1"unds.
2. The aniount of this CPA grant will be based on the total eligible project costs, and will
not exceed $9,600.
3. The Grantee agrees to make available copies ofany drawings, plans or bid documents
relating to the Prqject for inspection by the Town at the Town's request. Any
documentation procured with the Funds shall be limited to work necessary or appropriate
to carry oil( the Project and shall be consistent with the preservation of the historic clock,
4. All necessary Towri permits shall be received prior to the coil 1111encen-tent of
consti-tiction, and any and all Town building, wiring and plumbing inspectors shall have
access to the Prqject fear regular inspection, if applicable. Because the Project is funded
through the CPA, the Tow n's building permit fees, Wany, shall be waived.
5. Grantee agrees to allow the 'Town to post as free-standing sign on the Property, which
designates the Pro'jcct described herein as being I'Linded in part by the citizens of the
'Fown ol'Lexington through the CommUllity 111'reservaiion Act,
6 The (.iratuee agrees thal thc 'Fown shall have the right to require written confirmation by
the Grantee that the Funds were used solely for the intended purpose.
7. After all required permits as me received by the Grantce, (3rantee may draw on the Funds
(:inly for reimbursement of actual expenditures fior the Pro'ject. (Jpon receipt of a n n ivoice
from any conSUltant, contractor or vendor working, on the Prqject, Cirantee agrees to
present as copy ol'said invoice to the Town, The Town shall then make payment to the
Grantee. After Grantee makes payment to its consultant, contractor or.vendor, Grantee
shall provide the Town as copy of stich payment in the forrii ofa cancelled check. Such
verificatioti ot'payment shall be provided within 30 days of payment by Grantee.
Reimbursement for completed work shall he paid in as titTielY manner by the Town, All
Stich correspondence shall be sent to the Cominunity Preservation Committee, attention
Administrative Assistant.
8, If there is as sale or other transfer of any kind or natilre of any interest in the Property, or
any pail thereof(except leases ofiridividual housing units to tenants) within ten (10)
years of the date ofthis Agreement, the Grantee shall reirnburse the Town for the full
aniount of this grant (S9,600), within thirty (30) days of"such sale or transfer.
9� The Towns grant of funds to the Grantee is madc wvitlt the understanding that, the Town
has no obligation to provide other or additional stipport to the Grantee for the Protect
' except as provided for herein.
M The Town hereby certifies that the Funds have been duly appropriated and are currently
available to incet the Town's obligation as stated in this Agreement,
2
Executed under sea] as of the date first set l'orth above.
TOWN OF LEXING"T"ON FOLLEN CHURCII
By its Select Board: By:
Joseph N Pato, Chair Name je,,� Vgm
Title
Suzanne E. Barry, Vice Chair
Jill L flai
DOLI&S M LUMI(C
Mark D, Sandeen
Approved for Availability offunR
Acct. No.
C'arolyn Kosrioff Article 10(t) of the 2023 ATN4
C'omptroller
GRANT AGREEMENT FOR FIRST PARISH CHURCH CLOCK RESTORATION
This Grant Agreement ("Agreement") is dated , 2023, by and between the
First Parish in Lexington with its principal office at 7 Harrington Road, Lexington,
Middlesex County, Massachusetts 02421 (the "Grantee"), and the Town of Lexington, a
municipal corporation with its principal offices at 1625 Massachusetts Avenue, Lexington,
Middlesex County, Massachusetts 02420, acting by and through its Select Board (the "Town"):
WHEREAS, the Grantee has sought funding from the Town pursuant to the Community
Preservation Act, G.L. c. 44B, to fund the restoration of the steeple clock at the First Parish
Church building, located at 7 Harrington Road, Lexington, Massachusetts, owned by the
Grantee (the "Property'), helping to ensure the preservation of the Property from destruction and
harm (the "Project"); and
WHEREAS, at the Town Meeting held on April 3, 2023 the Town voted to appropriate
the sum of Twelve Thousand Dollars ($12,000) from the Historic Resources Reserve of the
Community Preservation Fund (the "Funds") for that purpose; and
WHEREAS, the Grantee has been assured of additional funding in the amount of
$4,000 from private sources to supplement the Funds; and
WHEREAS, the Town and the Grantee wish to memorialize herein the terms governing
the disbursement of the Funds appropriated by the Town at Town Meeting, and the repayment of
the Funds in the event that the Property is sold or otherwise disposed of during the useful life of
the capital improvements funded by the Town:
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
parties agree as follows:
1. The Grantee agrees that the Funds shall be used solely for the purpose of restoring the
historic clock on the steeple of First Parish Church for historic preservation purposes.
The Grantee represents that the total CPA grant from the Town will not exceed$12,000,
subject to paragraph#2 below. The Grantee also represents that the Project is funded in
part under the Community Preservation Act, G.L. c. 44B, § 5(b) (2). The Grantee shall
make no other use of the Funds.
2. The amount of this CPA grant will be based on the total eligible project costs, less the
above-mentioned private funding, and will not exceed $12,000.
3. The Grantee agrees to make available copies of any drawings,plans or bid documents
relating to the Project for inspection by the Town at the Town's request. Any
1
documentation procured with the Funds shall be limited to work necessary or appropriate
to carry out the Project and shall be consistent with the preservation of the historic clock.
4. All necessary Town permits shall be received prior to the commencement of
construction, and any and all Town building, wiring and plumbing inspectors shall have
access to the Project for regular inspection, if applicable. Because the Project is funded
through the CPA, the Town's building permit fees, if any, shall be waived.
5. Grantee agrees to allow the Town to post a free-standing sign on the Property, which
designates the Project described herein as being funded in part by the citizens of the
Town of Lexington through the Community Preservation Act.
6. The Grantee agrees that the Town shall have the right to require written confirmation by
the Grantee that the Funds were used solely for the intended purpose.
7. After all required permits are received by the Grantee, Grantee may draw on the Funds
only for reimbursement of actual expenditures for the Project. Upon receipt of an invoice
from any consultant, contractor or vendor working on the Project, Grantee agrees to
present a copy of said invoice to the Town. The Town shall then make payment to the
Grantee. After Grantee makes payment to its consultant, contractor or vendor, Grantee
shall provide the Town a copy of such payment in the form of a cancelled check. Such
verification of payment shall be provided within 30 days of payment by Grantee.
Reimbursement for completed work shall be paid in a timely manner by the Town. All
such correspondence shall be sent to the Community Preservation Committee, attention
Administrative Assistant.
8. Grantee agrees that in the absence of the receipt of the aforementioned private
funding, the Project shall not commence. The absence of such funding may alter the
scale of the Project and any such modification of the Project shall require a vote of
the Community Preservation Committee and a vote of the Lexington Town Meeting.
9. If there is a sale or other transfer of any kind or nature of any interest in the Property, or
any part thereof(except leases of individual housing units to tenants) within ten (10)
years of the date of this Agreement, the Grantee shall reimburse the Town for the full
amount of this grant ($12,000), within thirty(30) days of such sale or transfer.
10. The Town's grant of funds to the Grantee is made with the understanding that the Town
has no obligation to provide other or additional support to the Grantee for the Project
except as provided for herein.
11. The Town hereby certifies that the Funds have been duly appropriated and are currently
available to meet the Town's obligation as stated in this Agreement.
2
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON FIRST PARISH IN LEXINGTON
By its Select Board: By:
Joseph N. Pato, Chair Name
Title
Suzanne E. Barry, Vice Chair
Jill I. Hai
Douglas M. Lucente
Mark D. Sandeen
Approved for Availability of Funds:
Acct. No.
Carolyn Kosnoff Article 10(e) of the 2023 ATM
Comptroller
3
GRANT AGREEMENT FOR HANCOCK-CLARKE BARN
STABILIZATION AND RESTORATION PROJECT
This Grant Agreement ("Agreement") is dated , 2023, by and between the
Lexington Historical Society with its principal office at 13 Depot Square, Lexington,
Middlesex County, Massachusetts 02420 (the "Grantee"), and the Town of Lexington, a
municipal corporation with its principal offices at 1625 Massachusetts Avenue, Lexington,
Middlesex County, Massachusetts 02420, acting by and through its Select Board (the "Town"):
WHEREAS, the Grantee has sought funding from the Town pursuant to the Community
Preservation Act, G.L. c. 44B, to fund the stabilization and restoration of the Barn at the
Hancock-Clarke House, located at 36 Hancock Street, Lexington, Massachusetts, owned by
the Grantee (the "Property"), helping to ensure the preservation of the Property from destruction
and harm (the "Project"); and
WHEREAS, at the Town Meeting held on April 3, 2023 the Town voted to appropriate
the sum of One Hundred Eighteen Thousand, Four Hundred Nineteen Dollars ($118,419)
from the Historic Resources Reserve of the Community Preservation Fund (the "Funds")
for that purpose; and
WHEREAS, the Grantee has been assured of additional funding in the amount of
$25,000 from private sources to supplement the Funds; and
WHEREAS, the Town and the Grantee wish to memorialize herein the terms governing
the disbursement of the Funds appropriated by the Town at Town Meeting, and the repayment of
the Funds in the event that the Property is sold or otherwise disposed of during the useful life of
the capital improvements funded by the Town:
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
parties agree as follows:
1. The Grantee agrees that the Funds shall be used solely for the purpose of stabilizing and
restoring the historic Barn at the Hancock-Clarke House for historic preservation
purposes. The Grantee represents that the total CPA grant from the Town will not exceed
$118,419, subject to paragraph#2 below. The Grantee also represents that the Project is
funded in part under the Community Preservation Act, G.L. c. 44B, § 5(b) (2). The
Grantee shall make no other use of the Funds.
2. The amount of this CPA grant will be based on the total eligible project costs, less the
above-mentioned private funding, and will not exceed $118,419.
1
3. The Grantee agrees to make available copies of any drawings,plans or bid documents
relating to the Project for inspection by the Town at the Town's request. Any
documentation procured with the Funds shall be limited to work necessary or appropriate
to carry out the Project and shall be consistent with the preservation of the historic clock.
4. All necessary Town permits shall be received prior to the commencement of
construction, and any and all Town building, wiring and plumbing inspectors shall have
access to the Project for regular inspection, if applicable. Because the Project is funded
through the CPA, the Town's building permit fees, if any, shall be waived.
5. Grantee agrees to allow the Town to post a free-standing sign on the Property, which
designates the Project described herein as being funded in part by the citizens of the
Town of Lexington through the Community Preservation Act.
6. The Grantee agrees that the Town shall have the right to require written confirmation by
the Grantee that the Funds were used solely for the intended purpose.
7. After all required permits are received by the Grantee, Grantee may draw on the Funds
only for reimbursement of actual expenditures for the Project. Upon receipt of an invoice
from any consultant, contractor or vendor working on the Project, Grantee agrees to
present a copy of said invoice to the Town. The Town shall then make payment to the
Grantee. After Grantee makes payment to its consultant, contractor or vendor, Grantee
shall provide the Town a copy of such payment in the form of a cancelled check. Such
verification of payment shall be provided within 30 days of payment by Grantee.
Reimbursement for completed work shall be paid in a timely manner by the Town. All
such correspondence shall be sent to the Community Preservation Committee, attention
Administrative Assistant.
8. Grantee agrees that in the absence of the receipt of the aforementioned private
funding, the Project shall not commence. The absence of such funding may alter the
scale of the Project and any such modification of the Project shall require a vote of
the Community Preservation Committee and a vote of the Lexington Town Meeting.
9. If there is a sale or other transfer of any kind or nature of any interest in the Property, or
any part thereof(except leases of individual housing units to tenants) within ten (10)
years of the date of this Agreement, the Grantee shall reimburse the Town for the full
amount of this grant ($118,419), within thirty(30) days of such sale or transfer.
10. The Town's grant of funds to the Grantee is made with the understanding that the Town
has no obligation to provide other or additional support to the Grantee for the Project
except as provided for herein.
2
11. The Town hereby certifies that the Funds have been duly appropriated and are currently
available to meet the Town's obligation as stated in this Agreement.
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON LEXINGTON HISTORICAL SOCIETY
By its Select Board: By:
Joseph N. Pato, Chair Name
Title
Suzanne E. Barry, Vice Chair
Jill I. Hai
Douglas M. Lucente
Mark D. Sandeen
Approved for Availability of Funds:
Acct. No.
Carolyn Kosnoff Article 10(c) of the 2023 ATM
Comptroller
3
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review Proposed Process for Appointing a Lexington Representative to the Minuteman
School Committee
PRESENTER: ITEM
NUMBER:
Joe Pato, Select Board Chair
I.7
SUMMARY:
Category:Decision-Making
The Board consensus on 7/24 was to revise the process for appointing a Minuteman Regional Vocational
Technical School District School Committee member. Ms Hai has drafted a set of questions attached to this
packet to be distributed to all candidates as part of the application process.
The Board will review and finalize these questions.
Minuteman School Committee-job description,as updated by the Committee over time, can be found under
Section V of the Minuteman website page. https://www.minuteman.org/school-committee/info-for-committee-
members
The anticipated schedule of meetings for the school committee can be found
at:https://www.minuteman.org/school-committee/schedules-agendas-minutes
The chair has contacted the Minuteman School Committee chair and verified that no special qualifications are
needed prior to a new duly appointed individual participating as a member of the school committee. The
individual must be sworn in by the Town Clerk prior to participating and must complete conflict of interest,
open meeting law training, and Mass Association of School Committee training in due course.
The chair has sent letters to all previous applicants informing them of the pending change to process and has
received replies from 3 of those applicants indicating they do not wish to continue to be considered for this
appointment cycle.
Tentative timeline for appointment process:
. 8/7 - applicant questions finalized.
. 8/9 -public announcement of re-opened application period.
. 8/23 - deadline for completed applications including responses to questionnaire.
. 8/24-9/1 - interview slot opportunities (each candidate with 1 or 2 members of the Board)
. 9/6 - deliberation and appointment vote at Board meeting.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 7:35pm
ATTACHMENTS:
Description Type
Prop osex]Cvp^CAt,,)p5 °.an[Questions Backup Maato itial
MINUTEMAN SCHOOL COMMITTEE APPLICANT QUESTIONS (Potential)
1) What do you see as the role of the Lexington representative on the Minuteman School
Committee and, if appointed, how would you represent the Town of Lexington's
interests? The parents/students interests?
2) Minuteman is undergoing leadership change. Can you describe an organizational
leadership change with which you have had experience?
3) What role do you see for the School Committee in this leadership journey? How can
your skills or experience help the Committee fulfill that role?
4) How do you feel your leadership style will benefit the School Committee?
5) What goals would you have as a member of the School Committee and how would you
advance them, as one of nine members?
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Proposed Updates to Select Board Procedures, Policies and Regulations Manual
PRESENTER: ITEM
NUMBER:
Doug Lucente & Mark Sandeen,
Select Board Members L8
SUMMARY:
Category:Decision-Making
Doug Lucente and Mark Sandeen were tasked to update the Board's Procedures, Policies and Regulations
Manual. Attached for the Board's review is a redlined version which shows a proposed set of initial revisions.
The Board is being asked to review and approve this initial set of revisions in order to have a more current
manual on the website.
This manual is a dynamic document and future updates should be ongoing and published as updated. Of
note, some portions of the section on the Advisory Committees of the Select Board require collective input
from the full Board in order to be updated.
SUGGESTED MOTION:
Move to (approve)the revisions proposed to date to the Select Board Procedures, Policies and Regulations
Manual and to publish an updated version on the Town's website with said revisions.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 7:45pm
ATTACHMENTS:
Description Type
D 2023 Fruposed updated Seloct Blouall Procedures Mzmurl wdhno ven"lon Lkickup matelial
D 2023 Propowd updated Select Kmrd hovedures Manual fluckup Mated al
LEXINGTON SELECT BOARD
OF SE E(4MEN PROCEDURES,POLICIES AND REGULATIONS MANUAL
TABLE OF CONTENTS
?. PROCEDURES I
1. BOA OF SELECTMEN I
A. Authority#'er Beard of Seleetraeft I
B. Eleetiefi&Qualiflcatian I
G. Vaeaneiesen the Beard I
P-49rgaraZat-'en of the-0
1. Meffibers Iiteraetien -2
2. Standard of Gonda—
F. t 3
G. Geuther of interest 4
R Pthies 4
1. Purpose and Seope 4
1I. EMPLOYEES OF f14E A-D 6
A. Town Manager 6
2. owefs and puties
B. Town Cernptreller
2. Powers andDuties-
C. Town Counsel 7
1. Appe4#4neat 7
"e powers-aad-13uties 7
D. E-xeeativ e-Glerli and Other Seeretarial Staff 7
1. Appointment
2. Powers and Duties
E. Eyalttatios S
4,-4,aw-ri7MEma-ef
3. Exeeetive Clerk 9
4. Other Seeretarial Staff 19
i
4. Sehe��tde 14
} #�otiEeo�Meetssgs 3-1
Rraee�vres 44
Z? c t t�„u,.,crF ; ., eoerd or�eleEtcs Meetngs 14
���Th?e.,,�er�drr-�tttendanee of&card-Meetings '�
-� €#eE�tive�leFlc r3
Town lalanager t3
�. Town6ea�sel r2
4.
f. €�eEtrtFve 3essien ��
zz. €xeetrtive�essien ReeeFds i3
SNee;u7EmegespffifordFrng169eetirrgs 13
�:-5geeia4-Meetings 13
:—€meFgens�MeetFngs 13
—Nde FIEi ng-Meetings s3
�. Agarrdo-RroEed€rre 3-0
- F�esgens}bi4it 14
�. Timiwtg '^
EeFinat and-Center�t 14
is
3c-. Netifieat'reKref-InteFe7te�-RaFtie� is
—Mini tes 46
E rr aid Cernrr E n eatians 6
L. 6tper Meet ng t� 17
Q E aErswaed Leads 9
- Cea4-5etti .bg
Raliey 3eveleen '9
caBeaear onn rad Rcsgensi6id4ties 1-9
��—STslf [3FN C9Ps1M ITTE€� 2-2
nG"ISv�Y v�a"".�ITTEE§4F-TNE 69P�0�6BF�EEEcTh�+EN �3
�ZI. r arLm van 06AL9FMP(}AGER'S4Pf�E�F(�Tfb4ER1TS 24
r�. Se{eEtrnen's-AfaeiraEnaets 24
�. E piratien Dates 24
2424
^�
-� Qyalifieatiefls 2�
11
B.
94
96
POLICIES 39
PROCEDURES....................................................................................................................................................o
/. SELECT BOARD.............. ........................................................... ...........................................................'s
A. Authority for Select Board----------------------------------------.s
B. Election uq"alifimno -----------------------------------------'s
C. Vacanciesonmeuomd-----------------------------------------'s
D. Organization w'the Board..........................................................................................................................o
1. xes,on*mmm mm"chair.---------------------------------------------'r
,. Responsibilities of the Vice-Chair..................................................................................................................................r
E. Internal Operation.....................................................................................................................................r
1. Members Interaction--_------'------------_----------------------r
zStandard m Conduct.....................................................................................................................................................^
F. Memoer's Expense Reimbursement...........................................................................................................o
iii
G. Conflict of Interest.....................................................................................................................................8
H. Ethics........................................................................................................................................................9
1. Purpose and Scope..............--.............................................................--...................................................................9
2. Applications..................................................................................................................................................................9
II. EMPLOYEES OF THE BOARD..........................................................................................................................11
A. Town Manager........................................................................................................................................11
1. Appointment...............................................................................................................................................................11
2. Powers and Duties......................................................................................................................................................11
B. Town Comptroller....................................................................................................................................11
1. Appointment...............................................................................................................................................................11
2. Powers and Duties......................................................................................................................................................11
C. Town Counsel..........................................................................................................................................12
1. Appointment...............................................................................................................................................................12
2. Powers and Duties......................................................................................................................................................12
D. Executive Clerk and Other Secretarial Staff...............................................................................................12
1. Appointment...............................................................................................................................................................12
2. Powers and Duties......................................................................................................................................................12
E. Evaluations..............................................................................................................................................13
1. Town Manager............................................................................................................................................................13
2. Town Comptroller.......................................................................................................................................................14
3. Executive Clerk............................................................................................................................................................14
4. Other Administrative Staff..........................................................................................................................................15
III. BOARD MEETINGS........................................................................................................................................16
A. Schedule..................................................................................................................................................16
B. Notice of Meetings..................................................................................................................................16
C. Procedures..............................................................................................................................................16
D. Staff Members in Attendance at Board Meetings.....................................................................................17
E. Executive Session.....................................................................................................................................17
1. Executive Session Votes..............................................................................................................................................18
2. Executive Session Records..........................................................................................................................................18
F. Special/Emergency/Working Meetings.....................................................................................................18
1. Special Meetings.........................................................................................................................................................18
2. Emergency Meetings.............................................................................--.................................................................18
3. Working Meetings.......................................................................................................................................................18
G. Agenda Procedure...................................................................................................................................19
1. Responsibility..............................................................................................................................................................19
2. Timing.........................................................................................................................................................................19
3. Format and Content....................................................................................................................................................19
4. Posting and Delivery..............-...................................................................................................................................20
S. Notification of Interested Parties................................................................................................................................20
H. Minutes...................................................................................................................................................21
1. E-mail Communications...........................................................................................................................21
J. Open Meeting Law..................................................................................................................................22
K. Operational Goals....................................................................................................................................23
1. Goal Setting.................................................................................................................................................................23
2. Policy Development....................................................................................................................................................23
L. Calendar of Annual Select Board Office Responsibilities............................................................................23
IV. STANDING COMMITTEES..............................................................................................................................29
V. ADVISORY COMMITTEES OFTHE SELECT BOARD...........................................................................................30
VI. APPOINTMENTS ANDAPPROVAL OF MANAGER'S APPOINTMENTS................................................................31
A. Select Board Appointments......................................................................................................................31
1. Expiration Dates..........................................................................................................................................................31
2. Criteria........................................................................................................................................................................31
1V
3. Process........................................................................................................................................................................31
B. Town Manager's Appointments with Select Board Approval.....................................................................32
1. Qualifications..............................................................................................................................................................32
2. Process........................................................................................................................................................................32
VII. RESIGNATIONS........................................................................................................................................33
VIII. RELATIONS WITH OTHER TOWN BOARDS,COMMITTEES AND COMMISSIONS...........................................34
A. Appearance at Regular Board Meetings...................................................................................................34
IX. RELATIONS..................................................................................................................................................35
A. Relations with the Public..........................................................................................................................35
B. Relations with Town Manager.................................................................................................................35
C. Relations with Staff.................................................................................................................................36
X. EMPLOYEE GRIEVANCES...............................................................................................................................37
XI. HEARINGS BEFORE THE BOARD....................................................................................................................38
A. Agenda....................................................................................................................................................38
B. Notice......................................................................................................................................................38
C. Procedures..............................................................................................................................................38
D. Utility Hearings........................................................................................................................................38
XII. LICENSES AND PERMITS...........................................................................................................................40
A. Scheduling...............................................................................................................................................40
B. Applications.............................................................................................................................................40
C. Processing...............................................................................................................................................40
D. Attendance..............................................................................................................................................40
XIII. SPECIAL MUNICIPAL EMPLOYEES..............................................................................................................41
XIV. WARRANTS..............................................................................................................................................42
A. Annual.....................................................................................................................................................42
B. Special.....................................................................................................................................................42
C. State and Federal Elections......................................................................................................................42
POLICIES VOTED BY THE SELECT BOARD.............................................................................................................44
REGULATIONS VOTED BY THE SELECT BOARD.....................................................................................................46
APPENDIX A-CONFLICT OF INTEREST................................................................................................................48
APPENDIX B-POLICY FORM..............................................................................................................................49
APPENDIX C-SPECIAL MUNICIPAL EMPLOYEES..................................................................................................s0
H.smENr� a r n��rmr�rr�rr r��II�C r
APPENDIX C SPEC4AL MUNICIPAL EMPLOYEES
v
III. PROE p
I. BOA F 5ILA�
PROCEDURES
. SELECT BOARD
Authority for E ar of Seleetmett
Select
A. 44te Board
The-44e='eotffen Select Board is an elected Board and derives its authority and responsibilities
from the statutes of the Commonwealth of Massachusetts,the Selectmen-Town Manager Act of the
Town of Lexington and the By-Laws of the Town of Lexington.
General Reference:
• Chapter 41,Massachusetts General Laws
• Chapter 753 of the Acts of 1968,Selectmen-Town Manager Form of Government,and as
amended
• Handbook for Massachusetts Selectmen- ' Fourth Edition 49982014;Massachusetts
�'e'e�sMunicipal Associatio ees,:64hversiitj�of
B. Election&Qualification
In accordance with the Acts of 1922,Chapter I,the Board shall consist of five duly elected
members.Before assuming official duties,each newly elected member shall be sworn to faithful
performance of official responsibilities by the Town Clerk.
C. Vacancies on the Board
When a vacancy or vacancies occur in the membership of the Select Board ef-Seleetineu,the
remaining members of the Select Board&lee4ftefr shall call a special town election to fill the
vacancy or vacancies for the unexpired term or terms,except that if such a vacancy or vacancies
occur less than 100 days prior to the annual election and not less than three members of such Board
remain in office,the vacancy or vacancies shall remain unfilled until such annual election.
(Selectmen-Town Manager Act)
D. Organization of the Board
The 0tai Select Board efSeiee tme nChair and Vice-Chair shall be elected annually at
the first regular meeting of the Board after the adjournment of the Annual Town Meeting.The
Board may at any time remove the r�"airiran-.Chair or Vice-Chair. The Q+ainRdfiChair shall not
Page 6 of 50
serve more than three consecutive years.A majority vote shall constitute an election.Nominations
require no second. The Executive Clerk shall preside as QrainChair pro tern until the
Qk4nnan4sChair and Vice-Chair are elected.If a vacancy occurs in the office of QiaifmanChair
or Vice-Chair,the Board shall elect a successor.
1. 4-Responsibilities of the Q+airmmChair
TheThe Gha'..n+a e&The Board Chair shall:
crrc rrrrrrc crr rrr
• Preside at all meetings of the Board.
• Sign official documents that require the signature of his wAhe office.
• Supervise the Executive Clerk and Select Board staff:
• Prepare agendas with the Executive Clerk and Town Manager.
• Arrange orientation for new members.
• Represent the Board at meetings,conferences and other gatherings unless otherwise
determined by the Board or delegated by the QiaiffnafiChair.
• Serve as spokesman of the Board at Town Meetings and present the Board's position unless
otherwise determined by the Board or delegated by the ChaitnftanChair.
2. Responsibilities of the Vice-Chair
The Nice-Chair shall:
• Assume the responsibilities of the Chair in the Chair's absence.
The Chair and Vice-Chair shall have the same rights as other members to offer resolutions,to
discuss questions and to vote thereon.
In the absence of the GhfiiFFAaBChair and Vice-Chair,the Board shall designate an Acting
Qk4nnaiiChair.
E. Internal Operation
1. Members Interaction
The Board functions as a body in all policy decisions and all other matters as required by law or
determined by vote of the Board in formal session.
• Board members will report back to other Sekeetmenmembers and the Manager on
significant meetings or hearings which they have attended and especially on issues
on which Board action will later be required.
• The C4&iraianChair will notify Board members prior to the meeting if a particular
strategy or approach has been suggested for dealing with potentially explosive
agenda items.
• Board members will keep each other informed of all investigations they are
conducting or issues they are pursuing that are of concern to the Board.
Page 7 of 50
• Board members agree not to surprise each other by last minute agenda items about
which others have no warning or knowledge except in the case of emergency items or
those of a strictly routine nature which need action prior to next scheduled meeting.
• Board members who wish to take issue with another member's conduct,
behavior,procedures,will do so first privately with the member concerned or
will notify him/herthe member prior to first doing so at a public meeting.
• When individual members make-request afinfbrmation from the Manager far
infenua6en-of concern to the whole Board,the Manager is- will report back to the
whole Board-not only the member raising the question.
2. Standard of Conduct
An individual member of the Board,including the G4ak++i_44Chair,may act independently
only if specifically authorized by the Board.
Members of the Board will behave with civility and courtesy.The Qiainn�mChair will preserve
decorum and prevent personal attacks.No one in attendance at the meeting will be allowed to
make disparaging remarks about anyone including staff.The Chair will rule
inappropriate comments out of order and issue warnings to the offending parties.
F. ° 'effieft1sMembcr's Expense Reimbursement
Expenses in connection with in-state travel involving overnight accommodations or travel beyond
50 miles,round trip,may be reimbursed with the prior approval of the Board.Items may include
transportation,meals,lodging,and registration fees.A voucher itemizing such expenses shall be
submitted to the Executive Clerk in a form approved by the Comptroller within 10 days following
completion of the travel.
Out-of-state travel by members of the Select Board-of-Selee*nen should be approved only when
the travel can unequivocally be shown to be in the best interest of the citizens of Lexington.
Registration fees and other miscellaneous expenses incurred by°e'--etmeRmembers in their official
capacity may be reimbursed by submission of said invoice to the Executive Clerk.
If a member of the Board travels as a member and does not seek reimbursement from the Town for
expenses,hethe member shall disclose to the Board the source of funding for the trip(personal
funds,reimbursement by an outside agency,business support,etc.).
G. Conflict of Interest
Members of the Select Board&fSel�will strictly adhere to the provisions of the Conflict of
Interest Law,G.L.Ch.268A, during and after their terms of office as certain restrictions remain in
perpetuity and can also affect a business partner.
Members should avoid the appearance of conflict in their words and actions,including in the
Page 8 of 50
making of appointments.
Without proper public disclosure members"may not take any action that would create an
appearance of impropriety,or could cause an impartial observer to believe your official actions are
tainted with bias or favoritism."(State Ethics Commission Introduction to the Conflict of Interest
Law).
Individual Seieetmen members may not hire,promote,supervise,or otherwise participate in the
employment of an immediate family member or their spouse.
MMembers may not ask for or accept gifts worth$50 or more from anyone with whom the
Board has official dealings.
Members may request legal advice about how the law applies in a particular situation.Advice is
free,confidential,timely and binding.Call the State Ethics Commission's"attorney of the day"at
(617 .}371-9500.Advice may also be sought from Town Counsel,
whose conflict of interest opinions must be filed with the Commission for review.
New members rs of the Bonrdsho' Every 2,years„all members of the Board must complete the
State Ethics Commission conflict of interest law online trainin4 proeram.Newlv elected members
must complete this training within 30 days of beginning public service,and every years
thereafter.New members of the Board may be briefed on the law's implications by either Town
Counsel or by attending one of the State Ethics Commission seminars.
See Appendix A: Conflict of Interest-Articles and primers prepared by the State Ethics
Commission.
H. Ethics
1. Purpose and Scope
This Code of Ethics expresses the basic understanding of the organization of the Select Board-of
el,e�under the Selectmen-Town Manager Act and other statutes of the Commonwealth.The
oath of office of a,S*4�Select Board Member binds the individual member to those laws,
since the Board operates under their authority.
2. Applications
This code applies to three areas of responsibility of Board members in addition to that set forth
above:responsibility to the Community;relationships with fellow Board members;and
responsibility in relation to the Town Manager.
a. Se'eotme-aBoard members in relation to the community should:
■ Be ever mindful that the basic responsibility is to the entire citizenry and
that the members represent the entire community at
all times.
■ Recognize that the basic function of the e eetn��ttSelect Board is
Page 9 of 50
policy making and not administration which is in the hands of the
Town Manager.
■ Be well informed concerning the duties of a Stk-etwianmember.
■ Accept the office of Solo^etm nSelect Board Member as a means of unselfish
service.
■ Realize that it is inappropriate to make promises or commitments of how
the SeleetmenS elect Board will vote upon matters which will come
before the Board.
b. A Seleetmanmember in relation to other SeleetmenBoard members should:
■ Treat fellow S4ee4nenmembers respectfully and courteously.
■ Recognize that actions at official meetings of the Board are binding and
that the individual member cannot bind the Board outside such meetings.
■ Uphold the intent of executive sessions and respect
privileged communications that exist in executive sessions.
■ Make voting decisions only after all facts on a matter have been presented
and discussed.
C. A Seleettnanmeruber in relation to the administration and particularly to the Town
Manager should:
■ Accord the Town Manager full responsibility for the conduct of that
office and hold the Manager accountable for acceptable results.
■ Endeavor to establish sound and clearly defined policies which will guide
and support the Town Manager.
■ Respect and support the administration chain of command and the authority
of the Town Manager.
■ Respect and support the authority of the Town Manager in all matters of
employment,discipline and termination of administrative personnel.
Page 10 of 50
l lll w EMPLOYEES OF THE BOARD
...............
The Select Board of-cele-e*mon shall appoint a Town Manager,Town Comptroller,Town Counsel
and an Executive Clerk to the Board,who with Board approval, shall appoint such other
RePrtarl'hel-padministrative support as are deemed necessary to carry out the responsibilities of
the Select Board office-of4ek-en.
A. Town Manager
1. Appointment
The Select Board ofSek-e4ften shall appoint a Town Manager in accordance with the Selectmen-
Town Manager Act.The ae'-ehaenBoard shall set hisiherthe Town Manager's compensation,
subject to Town Meeting appropriation,and such other terms and conditions of employment that
they may,from time to time,deem advisable. Such terms and conditions shall not be in conflict
with the Selectmen-Town Manager Act,Town By-Laws or any other special or general laws.
2. Powers and Duties
The Town Manager shall have the powers and duties as delineated in the Selectmen-Town
Manager Act and as required by those sections of the General Laws relating to towns with town
manager form of government. These powers and duties may not be abrogated or abridged by the
Select Board e*�tee efr.The Town Manager shall perform such other duties that,from time to
time,may be requested by vote of the Board. The Manager shall attend all meetings of the Board,
shall keep the aeleettr_-ftBoard fully advised of the needs of the Town and shall recommend to the
aelee4-ftenBoard for adoption such measures requiring action by them or by the Town as the
Manager may deem necessary and expedient.
The Town Manager is responsible for inter-board communication in the day-to-day operations of
government.The Town Manager shall develop a process for exchange of information and the
provision for advice and recommendations among the boards,committees and commissions with
common interests,which shall include but not be limited to the exchange of minutes,the
establishment of a central repository for data,studies and reports and the appointment of members
or staff of boards,committees or commissions as liaison with one another around common
projects such as housing needs and revitalization of the center.
B. Town Comptroller
1. Appointment
The Select Board shall appoint a Town
Comptroller.The Comptroller shall be appointed in March of every third year for a three-yea from the first day of the following April.The Comptroller may be removed by the Board for
cause and the vacancy filled by ppointment for the remainder of the unexpired term in
accordance with the Selectmen-Town Manager Act and Chapter 777 of the Acts of 1965-"An
Act Establishing the Office of Comptroller in the Town of Lexington".
2. Powers and Duties
Page 11 of 50
The Town Comptroller shall have the following powers and duties:Perform a variety of
complicated,detailed professional accounting work including the direction and supervision of
specialized and technical fiscal control functions;coordinate the accounting functions of other
departments'accounting and auditing activities;be responsible for disbursement and receipt of all
municipal monies and the maintenance of all records in coordination with the treasurer.The
Comptroller shall develop,install,direct and supervise all accounting procedures and practices
required by the Town;shall direct all accounting and financial activities of the Town;and shall
review all payroll transactions,invoices for payments,statements of account,accounts receivable
and accounts outstanding.The Comptroller shall be an ex olficio member of the Appropriations
Committee without vote. The Comptroller shall perform other duties as required by the
applicable sections of the General Laws relating to Town Comptrollers and Town Accountants.
C. Town Counsel
1. Appointment
As specified in the Town By-Laws Chapter 90 section 24,the Select Board geteetnioen shall
each year within thirty days after the annual election of Town Officers appoint an attorney at law
as Town Counsel who shall serve a term of one year.
2. Powers and Duties
The Town Counsel shall have the powers and duties specified in the General By-Laws of the
Town of Lexington.
D. Executive Clerk and Other Secretarial Staff
1. Appointment
The Board shall each year appoint an Executive Clerk to assist the Board and to perform such
duties as the Board Chair may direct.The Executive Clerk with the approval of the Board,shall
employ additional secretarial help as deemed necessary to carry out the responsibilities of the
Select Board efSt��- .The hiring,performance evaluations and salary reviews for these
positions shall conform to the regular Town personnel practices and procedures.
2. Powers and Duties
They shall include but not be limited to:
• Complete, detailed set-up and follow-up (including minutes) of aeleeetiSeleet
Board meetings, budget meetings and special meetings of the Sek-et-n�Board,
including scheduling D-P.W-.hearings as part of regular Se ee neWsBoard meetings.
• Answer correspondence addressed to the Board and assist the 0iaifffmnChair and
the Town Manager in answering the public's questions about the decisions and
work of the Board.
• All 'administrative work for Te n-Course-and-members of the
Board,including processing requests for payments under Town Meeting
Page 12 of 50
Articles.
• LiaisenInterface with the public on all personal-and;telephone,email,and online
contacts.
• Prepare warrants for Annual Town Meeting,Special Town Meetings,and annual
Election;arrange for printing and delivery of same.
• Process applications and issue licenses,i.e.,limo/taxi,Class 1,II and III,auctioneer,
common carrier,common victualler,coin operated video games,entertainment,
lodging houses all liquor licenses,theaters,etc.
• Prepare list of annual appointments.
• Schedule Board appointments and hearings on requests from utility companies for
pole and conduit installations(all clerical work necessary prior to and following
hearings to be handled by D.P.W.).
• Prepare budgets for aelee rr--r—the Select Board Office,LftwLegal Expenses and
Fees.
• Certify and notarize documents for the Select Board 44ole&trat4i—_
• Purchase Se'roe trieWsBoard office supplies.
• File all NeleewAea!sBoard correspondence
• Certify the Setee4n& Board's Office payroll.
E. Evaluations
1. Town Manager
The Select Board-ofsele����shall evaluate the Town Manager's service annually.It is the
policy of the Board to conduct the evaluation in-FebnYatyon the anniversary of the contract with
a final public report prior to the ffmittal eleetiaii i~Mai-'eh.end of the calendar year.This way all
the ek-et e members who have worked with the manager over a year can have input into the
evaluation. The evaluation shall be in writing.
As a foundation for said evaluation,the Select Board—ef&, � shall work with the Town
Manager to develop measurable and specific goals against which the Manager's performance
shall be evaluated throughout the year.Ideally goals will be developed in May,after Town
Meeting ends.
Page 13 of 50
The Chair.rarrf+fThe Board Chair shall be responsible for distributing an evaluation form to all
Board members.While the Board may change the form from time to time by urraran$evette offa
majority vote of the Board,at a minimum the Board shall measure the Manager's success in
addressing the goals for the Manager.Each member shall individually submit a written evaluation.-
to the Executive Clerk.The ReardExecutive Clerk will then deeide-if rop duce a consensus report
ean be written ot,-whetheF indkAdual reports shall be .The Manager shall discuss the
Eatreport with the Board GhairmanChair prior to the public presentation.
The report shall be made a permanent part of the manager's personnel file.This file shall be
maintained in the Select Board offica1� .
Prior to the start of a new fiscal year,the Select Board-&f-Seleeanen shall set compensation for the
manager based on the evaluation and in keeping with the financial condition of the Town.
2. Town Comptroller
By authority of the Selectmen-Town Manager Act and Chapter 777,Acts Of 1965,the Select
Board ofSeleotFon-is responsible for hiring and supervising the Comptroller.The Select Board of
Seleefa rshall affirually-evaluate the fS.mf+.o of by Tuae of ears f arComptroller's performance.
The Board Chair shall be responsible for working with the Select Board-4
Sin to determine a process for evaluation.The final evaluation shall be in writing and placed
in the Comptroller's personnel file as a permanent record of performance.
If the Comptroller also serves as the Finance Director,said file shall be maintained by the Town
Manager;otherwise,the file shall be maintained in the Seleertrief IsSelect Board Office.
The Select Board^poor^�aa shall participate with the Town Manager in setting the
compensation for the dual position,so long as such participation does not conflict with a collective
bargaining agreement.
3. Executive Clerk
The Executive Clerk of the Select Board of-ge e&trae ,per the Selectmen-Town Manager Act,
shall be an employee of the
Select Board.Supervision of the Executive Clerk lie
chiq.!flan. hall,t ofk.,.:♦L,
crarrrrrcFrr"srrarr-vPvr�o,-rca is the sole responsibility O the Boar a1T'and the
alone are responsible fortion.Upon eompletiort,the ei�altffft:oa shall be
ing and added performing an annual performance review. Such review will
conform to the regular Town personnel rfrfwf thecneetarve-Gerl.-practices and procedures.The
personnel file of the Executive Clerk shall be kept iaby the effiee of the Board ofSeleerraenTown
Human Resources Director.
Compensation for the Executive Clerk shall be set by vote of the majority of the Select Board-af
e oettrie and reviewed annually. Said compensation shall be based on the evaluation and in
keeping with the financial condition of the Town.
Page 14 of 50
4. Other Seefentrinl administrative Staff
Under tcac the coca V`'oleenneen wnManager t o rot r..ria
a ttionaadministrative staff to the Select
Board of-S4eetrnon-is the responsibility of the Executive Clerk.The Executive Clerk shall annually
review eefentfia administrative staff to the Select Board-of-S etsen prior to the start of a new
fiscal year. Said review will include meeting with the staff and submitting a written evaluation for
the file.The personnel file for&ccr cta_ia the administrative staff shall be kept irthe Ofse-e4b�y the
Board of Town Human Resources Director.
The Select Board-ef-SAeennffi shall set compensation for secretarial staff. Such staff shall be paid
in a range similar to other municipal secretarial staff.The Executive Clerk shall recommend to the
Select Board of Seleetinen appropriate compensation based on the annual review.
Page 1.5 of 50
V.111. BOARD MEETINGS
...................
A. Schedule
C�'e^men'sSelect Board Meetings are held in the Setee*tmen! Select Board Meeting Room of the
Town Office Building,on Monday evenings-A4F4ng-Prow4Al -at�,3n P.M.unless otherwise
determined.
The Board shall not meet on days designated as Legal Holidays. Meetings falling on a Legal
Holiday are canceled or rescheduled at the discretion of the Board.
B. Notice of Meetings
The Executive Clerk of the Select Board efSe eat r ei=,on behalf of the ChaiffinanChair,is
responsible for filing a notice of the meeting with the Town Clerk at least 48 hours(not including
Saturdays,-not Sundays or Legal Holidays)before the meeting is to take place and shall take all
steps necessary to comply with the open meeting law.
C. Procedures
Meetings are to be conducted in accordance with generally accepted rules of parliamentary
procedure.It is the practice that application of such procedure be on a relatively informal basis,
due to the size of the group and the desirability of flexibility in the expression of opinion.
Robert's Rule of Order is used as a guide in matters requiring clarification or definition.
A quorum shall consist of three members of the Board.As a practical courtesy,action on critical or
controversial matters,the adoption of policies or the making of appointments shall be taken
whenever practicable only when the full Board is in attendance.
Actions and decisions shall be by motion,second and vote. Split vote will be identified by name.
When only three members of the Board are present or in the case of nominations,no second will
be required prior to Board action.
Citizen Participation at Select Board nf�e'o, Meetings
Unless directly involved in an agenda item,citizens may only participate at a regular Board
meeting at the discretion of the chair or upon request of any member of the Board.
Recordings.Anv person in attendance at any Select Board open meeting may record the meeting
by anv means allowed by state law,provided that there is no interference with the conduct of the
meeting.
A ten-minute Public Comment period willmay be scheduled at each meeting to hear concerns of
the general public.Citizens af e weleemle'.-fais"',fil_issues for-future beaf d agendas, idefitify
The issues raised
will not be debated att t"s"moduring the public comment but may be scheduled for a future
agenda if needed.
Page 16 of 50
Rule
Rules for Public Comment section of the meeting:
1. 44efePublic comments will be ne demonstrations of approval or disappfevat
• conducted in an
orderly and peaceable manner.
• Before speaking,speakers should state their names,addresses,and if-known,
pfe-emetsany affiliations.
• All-Each speaker may speak only once for a maximum of 2 minutes.
2—Speakers will meter enot be allowed to
a—reatdisrupt others-with-fespeet;,and
• may
be removed from the meetin ig f they do.
D. Staff Members in Attendance at Board Meetings
• The Executive Clerk of the Select Board- -Seleeraten and the Town Manager or their
designees are expected to be in attendance at all regular meetings of the Board.The
Executive Clerk or their designee shall attend in order to keep records of the
proceedings,coordinate and carry out the actions of the Board relating solely to the
Select Board Officeftieek-a en.
• The Town Manager,as Chief Executive Officer of the Town,shall attend in order to
keep the Board informed and advised and recommend in all matters that fall within the
jurisdiction of the office. The Manager shall carry out the actions of the Board as they
relate to the conduct and administration of Town affairs under the Manager's
jurisdiction.
• The Town Counsel shall attend to provide legal direction,give consultation,advice
and opinions on legal matters pertaining to Town business s—det rmirredwhen
requested by the Board.
3. Reee.-dings. Aeeordmg to law, any person tin atteadanee at any Seleennen's open
meeting may reeofd the meeting by any means allowed by state law,provi4ed-that
E. Executive Session
If practicable,Executive Sessions,other than a few minutes in duration,will be scheduled offty-in
the end of the to allow the open meeting to commence at the regular starting hour.
Only items clearly allowed under the State's Open Meeting Law shall be included in Executive
Session.An Executive Session shall not be held unless the Board has first convened in Open
Session for which notice has been given.A majority of the members must vote to go into
Executive Session and the vote of each member must be by roll call recorded in the minutes.The
mover must specify in the Open Meeting the grounds on which Executive Session is sought.
Before the Executive Session,the 0taifmaChair must state whether or not the Board will
Page 17 of 50
reconvene in Open Session.
1. Executive Session Votes
All v'aoies 4a�'r�During Executive Session,all votes shall be recorded through a roll call,and
these votes madewill become a part of the zeooF&— -t-Executive ges4eaSession's records.
2. Executive Session Records
The Board must maintain accurate records of both Open Meetings and Executive Session.At a
minimum,the records must set forth"the date,time,place,members present or absent and action
taken". Executive Session records shall remain seeretconfidentiai only"so long as the
publication may defeat the lawful purpose of the Executive Session,but no longer".Thereafter
they shall be open to the public.
F. Special/Emergency/Working Meetings
1. Special Meetings
A meeting called for any time other than the regular meetings shall be known as a"Special
Meeting".The same rules as those established for regular meetings will apply.Notice for
Special Meetings will be posted at least 48 hours prior to the meeting.The Ghair-frraftChair or
any member of the Board,through the Executive Clerk,may call special Meetings provided
that all Board Members are notified and that a majority of the members agree to meet.
2. Emergency Meetings
In a situation where immediate action is deemed by the Board to be imperative,an"Emergency
Meeting"may be called.In this case an emergency is defined by law as"a sudden,generally
unexpected occurrence or set of circumstances demanding immediate action". Such a meeting
may be held even though notice was not posted in time.Notice of an"Emergency Meeting",
pursuant to MGL Chapter-3430A,Section 44-A,20 b shall be posted as
soon as reasonably possible_prior to such meeting. .
3. Working Meetings
The Board may conduct informal"Working Meetings"from time to time as the situation
warrants.At such meetings,which will be posted in accordance with the Open Meeting law,no
official action will be taken.A synopsis of transactions of informal meetings will be made a part
of the minutes of the following regular meeting.
Page 18 of 50
13D-11 17-.:-g
mattef that must be dealt with bef6fe the nex4 fegWafly seheduled meeting of the BeafdAfl-stfeh
the fequest to be fetitifte in nattire,the Exeetitive Clerk will poll all membefs of the Beafd-te
. —the Beard,the poll vote will be fatified m open ges%ov'.
C. Agenda Procedure
1. Responsibility
The responsibility for coordinating and planning the weeklymeeting agenda is that of the
EhaifmanChair.Each of the Board Members and the Town Manager may plaeeEeg st that items
be placed on the agenda.The Executive Clerk,after consultation with the +ait Chair,shall
schedule a realistic time period for each appointment,interview, conference or other scheduled
item of business and shall confirm all appointments including time allotted.The Q+aimianChair,in
consultation with the Executive Clerk and the Town Manager,shall decide the meeting date on
which an agenda item shall appear.
2. Timing
All items for the agenda packet must be submitted to the Executive Clerk e+i
eft-three business days before the Wed� preceding the meeting-
by noon.Items •b
aynot ready on time will be s�n3 deieday d� �'r�srescheduled except in
extraordinary circumstances.
3. Format and Content
Agenda items include by way of example:
• Call meeting to order
s Executive Session(if needed)
• Public Comment
• SeleetmetiMember Concerns and LiaisensLiaison Reports
• Town Manager Report
• Items for Individual Consideration(sign notes for borrowing,hearings for licenses,
permits,sign pole locations,appointments or approval of manager appointments,
appointments with Town boards,committees,commissions,general business,
Se oetmensBoard policy action or review,reports of boards and committees,and other
business)
Consent Agenda(items of no controversy)
Page 19 of 50
The GhaifffmaChair will determine the order of the agenda.
Where an agenda item is the-p f6e4ar responsibility of a particular member of the Board or has
been requested to be placed on the agenda by another board or committee or citizen,their name
will appear after the agenda item.Thus,a CxetmunBoard member seeking further information
will know the name of the person to contact.Members are reminded that the Open MeetingLaw
prohibits substantive discussion of agenda items by a quorum of the Board outside a posted
meeting.
All backup data,pertinent information,or an outline for discussion shall accompany all subject
matters or items to appear on the agenda.
. .If background
information is insufficient or complicated or if complex memos or motions are presented at the
meeting which were not in the Mori ig nall�posted packet,any member should feel free to
request the tabling of the item to allow careful study of the material presented or the motion
proposed.
4. Posting and Delivery
The agenda shall be available to the public mat the SeieermenlsSelect Board's office
the Eimer eaatwo business days before the meeting date and shall be posted fff-Tewn
Offiee bulletin beafd and on the Town's website that same day.Also,the offietial weekly agenda
-Wl i able to the Seleetmen and Town Counsel eft in accordance with
current posting requirements.As a courtesy,the agenda and notice of meeting shall be sent to the
Town Meetm MembeFs Asseeiationtown distribution email fists.Copies of the-mimne�--
all important eerrrespesdenee,reports and other pertinent background materials shall be
forwarde44einctuded with the embe�Board wr*h-the-agor a.
A eopy of the agenda shall be delivefed to the To--
b b
Fffdffm
eetin packet.
The special meetings of the Board shall conform insofar as practical to the agenda for the regular
Monday meetings. Distribution shall be as outlined above.
Additional copies of the agenda shall be available in sufficient quantity to distribute to those
requesting a copy and to the people in attendance at the meetings.
5. Notification of Interested Parties
The Executive Clerk shall notify persons who are directly involved in the issues to be discussed by
the Select Board-efSek-ennen making note of the time their item will probably be considered.This
shall include items to be discussed under the Town Manager's agenda.
Page 20 of 50
H. Minutes
• The Executive Clerk or designee shall record open meetings of the Board-by-t-ape
ree-erder,shall draft minutes and shall distribute such minutes to each Seleetm nBoard
Member.
• Minutes eircalat�d to be approved at a meeting shall be included in the packet.If
possible the draft meeting minutes will be circulated to members of the Board on-or
bear-d.as soon as they are available.On request of any Seleetmammember,approval of
minutes submitted shall be postponed for one weekineeting to enable such
Sel eti mmember to propose amendments- opened
amendments to the Executive Clerk.Revised minutes must be WiFettlated to eaeh
membefincluded in the meeting packet not later than the Friday preceding the meeting
at which approval is sought.
• By unanimous consent,minor corrections may be made with respect to minutes
otherwise in order for approval,without advance circulation of such corrections.
• Minutes shall contain a statement of all actions taken by the Board and of the
disposition of all proposals for action.Discussions preceding action need not be
detailed in the minutes but shall be d' from --'the tape"�� � i
• Approved minutes shall be recorded in a Minutes Book which shall be indexed when
filled to capacity.
• Minutes of executive sessions shall be separately kept and recorded in accordance with
the above procedures.
• Minutes of executive sessions shall be reviewed periodically for purposes of
determining whether they can be made public,and upon such determination shall be
recorded with the regular minutes.
• Minutes(other than of executive sessions)are open for public inspection.
• Taped-reeords eardin s of open meetings shall be preserved three months after
approval of the minutes at which time they will be destroyed unless otherwise voted by
the Board.
1. E-mail Communications
E-mail ha oeeomeis a convenient way to communicate with Boards and Committees.However,its
use by members carries a high risk of violating the open meeting law.E-mails deprive the public of
the chance to monitor discussions and exclude non-participating members.
In keeping with the Open Meeting Law and the District Attorney's interpretations,e-mail
exchanges among a quorum of the Board should be limited to discussing procedural items
regarding agendas and scheduling,etc. It shall not be used to debate policy or convey opinions.
This policy shall apply to all Boards and committees and Sete tmenSelect Board liaisons are
responsible for informing their committees.
As a way of ensuring public access to e-mails,the Select Board ef&el�shall maintain hard
Page 21 of 50
a record all Board e-mails.Said e-mails shall be available for public inspection at the
Select Board of-Seleenfiefi-office during regular hours. It is the responsibility of Board members to
forward to the Exeeutiye Clerk a!u o .,;irsrcricrL..,�•roru�n*«t.. in-order-that-the�r ocon conduct public business
Board-malntarrsasetifate feerdsusinR their Town of Lexington e-mail account.
For furthep-niformation see the full text of the Open Meeting Law at,chapter
S eet;OR 1ID1�,..A al Tl;ct.•;�•t ntt.,«ney's Guidelines at
�
��U� ���y-�Q�a�r�«
eovefed
het:...._ __F_..pieje,.t denet, «i;F, > >
tt b.
• Meetings tionees must be filed with the Town Clerk's offiee at least 4_8 h-ouifs 4t
ffie
£fie-t13}�,s
• E-xeeut;ve Sessions are stijeet to a number of restrietions and requirements.For
exampte,must first meet in open session and pursul— vote to go-Hite
exeer t've session.
• No persoft may address a-meedrig without peffflission of the presiding offieer and all'
• Meet-'figs must be held-'it f4eil-ities aeeessible to persons with drsabil-
kThefte us!E Mai
f '
2
matters ean
J. Open Meeting;Law
}
Each Board member shall be furnished with a copy of the
Aaoe Office of Attorney General's current Open Meeting Law-Guidelines.It is the
Board member's responsibility to comply with the current Open Meeting Law.
Page 22 of 50
www.mddirmass.gov/the-open-meeting-law
Open
Meeti .y lr Operational Goals
ng
Law 1. Goal Setting
availa
ble on The Select Board of Seleetme~nam�"sets goals that can influence the community for
web many years.In setting goals,the Board must think of short-term and long-range needs as
at well as the future implications of those decisions.Goals should be established that will
http:// sustain the excellence that citizens demand.
www.
mass. Goal setting is typieally done annually 4t July-and=�done collaboratively between the
ov/le Board and the Manager.
ig s/la that will guide-'it thf-ough budgefing and aruieles f6f Tewn Meeting in .The goals
ws/m should be prioritized and adopted after public review.
1/mg
Ilink. Since the goals have far reaching implications,the Board should seek broad participation in
him the development of the goals. The following should be included in developing the
(Chap operational goals:
ter
39 • Each Board member should be asked to submit proposed goals.
Sectio • The Town Manager should be asked to submit proposed goals.
n • Town Boards and Committees are encouraged to recommend Droposed goals
23B) for consideration.
lfim • Senior managers should review the proposed goals and inform the Board as-to
DA-!-� of Town staff recommendations.
Du' Suggest GtriEle • Review prior year's goals and include any not met that should be continued.
Once adopted,the operational goals of the Board^' ^°'" ,made ge lly available the
The �� ��""
publie. Some suggested means of d;stributron are to Chans of all Boards and CommAtees—,
Attar ^r*,a^„,u^«, „„_1;_L A;„1^ „ ^will be posted on the website.
Gener 2 Policy Development
at's
Diyisi
on ofiar:ety .Adoption of new policies and revision of existing policies of
Open the Select Board efSofeetmen-may only be adopted by an affirmative vote of a majority of
Gower the Select Board efSoleetmenat a duly noticed meeting of the Select Board-4-Soleemierr.
nment
ug idel All policies of the Select Board efSt4e4-men shall be recorded on the same form.Said form
roes shall include the name of the policy,the date approved by the Select Board of-Se'roetme
are and the signature of the C-ltaiffnattChair of the Select Board-ofe'meri.Each policy shall
availa contain the following sections:L Background,II.Purpose&Scope,III.Application and IV.
ble on Reference. A sample form is attached in Appendix B.
web
at i L Calendar of Annual Select Board Office Responsibilities
ht Field Code Changed — — —
tps://
Page 23 of 50
Janu Annual License Information Form(ALIF)Report due to State 2/1
air Warrant e Constable
Budg War-r-arrt Prepare/PfintPublish Warrant
et
February
Appointments Letter toDerr.and-4e. . Prepare for Registrars of Voters
men Appt by 3/31
Budget Distribute Schedule Proposed Budget(White Book)Approval
Licensing Submit Annual Report letter to ABCC befvr�Fevrdi
Select warrant Money faf Mailing Warrant(te Postmaster 5 days mail)
Board Warr— Serve.4 1— 17 days before Eleefi--,
/Scho Warrant Confirm Available Funds on
of Postal Permit
Com
mittee March
Vote t`p rrrt �I` i r = Appointments Registrar(s)of Voters by 3/31
on Appointment Town Counsel(1 year term by 3 13 1)
Reco Appointments Appointment of Comptroller(3-year term by 4/1)L4e-enstxg
mmen etienee L:eefrses
ded Proelaraation Crder-Patriot's Day
Budg Proclamation Seleetrtrcn C..—r-rran's
et Bfeak4iist
Budg Town Meeting Town Meeting Begins(Monday and Wednesday until completed)
et
A02
Budg
et
Colla
borati
on
Meeti
ngs
Files
Chan
ge
Files-
retain
3
years
Licen
sing
Page 24 of 50
Licensing
Eleeti Initiate renewal of Limo and Taxi Licenses in permitting system
on
I'roela at;on Proelametion f®r Memerial Day
May
Select Board
June
Page 25 of 50
11l Poit�trnertt ,pe �giaren. IexH �5, 1 j s
4th Carnival—achy Entsrtainm®nt
Lieefisin5Limo R enewah;;
°�'eefnw-n Reorganization of Select Board of-Seleetmen(I"wAgnueeting after end of TM)
Appent��_er�tAppoirrtments Select$oard Liaison Assignments
JWIe
Appointments Executive Clerk(1 year term by 6/301
Appointment Keeper of the Lockup(1 year term by 6/30)
Appointment Town Celebrations Committee
GoffTtfollef (1 year term b 6T /30)
1 Selestmen Te-wn-ltidl-meager C4eals
Appointment Election Workers by tl year term by 8/15)
Li�;ensing u..e..afe NOW r;,.,O Ge ffi aii yie. .alle.. ete
Initiate renewal of Theatre License R@44@ als @*Pi'Fe 9 in permitting
S•5
SelemenSelect Board Goal Setting&Goal Review
Page 26 of 50
AugusAppointment Send out Letters to Chairman of all Seleetmen Gera Fe:reapp_
Theatre Lieenses expire 94
September
Appointment Annual Committee Appointments/Reappointments
-by-3-39-Budget Budget F&aes First Financial Summit
October
Licensing Send Liquor License renewal letterskei r "uCC
Licensing Initiate renewal of Licenses with December exp in permitting system
Hearing Water/Sewer Rate Presentation/Hearin(coordinate with Comptroller)
Budget Golla efatio M, rip Continued Financial Summit
Budget groeess-Meeting
November
Appointment 14DG Appointment Send letters to nominative authorities for
appoi n*aenus by 1/1-upcoming HDC term expirations
Budget Continued Financial Summit
Election Vote to eall E eetien-. ay-an Set date for -Town Meeting essrUn-Election
c t r� to for i t xz c A i Tni
Town Meeting ������Ua�i���r;�r�ra��r
Set date for
warrant far ATM Annual Town Meeting
Town Meetine Set date to approve warrant for Annual Town Meeting
Hearing Tax Rate�e-Presentation/Hearing(coordinate with Comptroller)
Rates Approve Water/Sewer and Tax RateRates
Warrant Send Check to Postmaster for Postal Permit(for ATM Warrant)
Budget Be6n Department Budget Presentations
December
Appointments Historic Districts Commission by-l-f Appointments
Licensing Select Board Approval of all-other
fieexse5-byLicenses with a 12/31
expiration,including Liquor License Renewals
-eet Vote of intent Re: Aeeeptanee of Streets b Warrant
Send ATM rezoning proposals to Planning Board)
Bud6et Department Bud6et Presentations
Flexible7Dates
ApfrttSelect Board Town Manager—Evaluation&Goals(on contract
anniversary)
Appointment Town Manager Contract Renewal(not to exceed 3 years7I3, �
Page 27 of 50
Appointments Town Manager Appointments
Budget Budget-Pf��,
seleetmen Evaluations
Seleetmeu Warrants
Monthly WatericeWe f r
�. rru ro v�, cvh"fimttmertt�sa-A A -gtmeftts
aeeAppointments Recruitment for Committee Vacancies
Select Board Executive Cleric Evaluation
Select Board Policy Review and Update
seleetm n Vetl to Select Board Approve and Release Executive Session
Minutes
Select Board Review Advisory Go��itteesCommittee charges as necessary
Vote of Intent Acceptance of Streets if needed(notify Planning Board)
Page 28 of 50
'LID 'm STANDING COMMITTEES
...............
Standing committees are established by statute or by-law and must be maintained.They are:
AppropriationsAffordable Housing Trust,Appropriation Committee,Board of Appeals,Board of
Assessors,Board of Health,Capital Expenditures Committee,Commission on Disability,
Community Preservation Committee,Conservation Commission,Council on Aging,Fence
Viewers,Historic Districts Commission,Historical Commission,Lexington Housing Assistance
Board(LexHAB),Permanent Building Committee,Recreation Committee,Registrars of Voters,
Retirement Board,Tourism Committee,Town Celebrations Committee,Tree Committee,Trustees
of Public Trusts,and Youth Commission.
As outlined in the Selectmen-Town Manager Act,or by statute or bylaw,the standing committees
appointed by the 9ekt�HSelect Board are:Affordable HousingTrust,rust,Board of Appeals,.
Community Preservation Committee,Fence Viewers,Historic Districts Commission,Lexington
Housing Assistance Board(LexHAB),Registrars of Voters,one member of the Retirement Board,
Tourism Committee,Town Celebrations Committee,Tree Committee,and Trustees of Public
Trusts.
The Board of Health,Commission on Disability,Conservation Commission,Council on Aging,
Historical Commission,Recreation Committee and Youth Commission are appointed by the Town
Manager with approval of the Select Board 'c� ,m�^
The Manager appoints members to the Board of Assessors and Permanent Building Committee.
It is the policy of the Select Board Seiecttriea to appoint qualified citizens to the standing
committees it appoints. The Board will normally appoint individuals to no more than one standing
committee at any one time.
The 44�Select Board shall not exercise any control over the discretionary power vested by
statute in any such board,committee,commission or officer.
Page 29 of 50
�IVV,,ADVISORY COMMITTEES OF THE SELECT BOA
The Board may appoint advisory committees to aid on matters under the Board's jurisdiction,
particularly in technical areas. The use of such advisory committees provides greater expertise and
more widespread citizen participation in the operation of government.
Charges to advisory committees shall be in writing and shall include the work to be undertaken,
the time in which it is to be accomplished and the procedures for reporting to the aeleet r e(Select
Board.
Each committee must report in writing at least annually to the Seleetmen. The elaetmeand the
Town Manager shall be setit eop-i Select Board.The Town Clerk must
receive copies of all Committee charges,appointments and minutes.The Board will discharge
committees upon the completion of their work.
The charges and membership of standing advisory committees shall be reviewed periodically—t
with the Select Board liaison to assess the necessity and desirability of continuing
the committee.(Reappointments will be based on ^' ^�*'^n ,a` ^^� ^N the
desirability of widespread citizen involvement and the changing needs of the committee and the
Town. --- Commented[t]:Needs to be revisited with the full
Select Board.
In order to attract qualified and interested persons,vacancies will be made public as far in advance
of an appointment as practicable.An application form will be available in the Sel tm Select
Board Office,the Town Manager's office,and on the Town Web-sitewebsite and newsletter so
that any citizen interested in participating in activities of this nature or in otherwise making a
contribution to the town government may record their background,areas of interest and
availability.
It is the policy of the Select Board of-Seloewaen-to appoint qualified citizens to the advisory
committees.
Page 30 of 50
VH LL1. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS
...............................
A. Seleetm n'sSelect Board Appointments
1. Expiration Dates
For appointments to standing committees is September 30,or until a successor is appointed and
qualified,with the exception of the following:
• Historic Districts Commission,expiration date December 31,in accordance with Ch.
447,Acts of 1956.
• Lexington Housing Assistance Board(LexHAB),expiration date May 31,in
accordance with Chapter 521 of Acts of 1983.
• Registrars of Voters,expiration date March 31,in accordance with G.L.Ch.51,s. 15.
• Town Celebrations Committee,expiration date June 30(Town By-Law,Article XV)
• Election Officers between July 15 and August 15,in accordance with G.L.Ch.54,s.
12.
2. Criteria
The Select Board of ceemieff will be generally guided in its appointments by the Criteria
by the, ��Committee Membership Policy3
Whenever possible,the Board will seek variety in socioeconomic and cultural backgrounds,
interests,ages,sexrace and eg nder,length of residence and geographic areas of residents,so that a
true cross section of the community will be reflected.In order to attract qualified and interested
persons,vacancies will be made public as far in advance of appointment as practicable.
3. rOCOsS -, Commented[2]:Needs a full Board discussion on the
[desire for multiple candidates per opening.
The SeiNet neaSelect Board will publish mthe 1wal newspapef-a list of the projected committee
and board openings for the coming year,and a-eepy-&14 rethe process for applying for Board or
Committee
Commim�Appi feimwjl� also be made available at the Seleetmen's Offiee,Town
"_ an gef'-r0ffiee an oft the Townweb s-ite.Membership.A file of applications will be maintained
throughout the year by the Sek-etme '^Select Board Office and Town Manager's Office,and made
available to all town officials and employees who need to appoint citizen committees or make use
of citizen talents and expertise.
The SeieetmenlsSelect Board's Executive Clerk will:
• Present a list of the appointment vacancies to be filled by the Board-ammally.
• Notify the EhaiFinanChair of the appropriate board or committee requesting
recommendations regarding reappointment or the filling of vacancies.
• T1&Seh Ensure candidates ethics training is up to date.
Select Board Members may meet with potential new appointees before making a final decision on
Page 31 of 50
the appointment.Appointments will normally be made only when all members of the Board are
present.Nominees do not require a second.Appointments will be made by a majority vote of the
Ce eetm Board.
Annual appointments should be completed by September 30 or the statutory expiration date.
Appointments to fill an unexpired term shall pfemptly take plaee After the Board has been
formally notified by the Town Clerk that a vacancy exists,the Select Board will promptly recruit
for candidates that meet the criteria above to fill an unexpired term.
B. Town Manager's Appointments with Select Board-ef-Se1eetFftf Approval
Under the-Selectmen/Town Manager Act and other applicable laws,the Board must approve the
Town Manager's appointments to:Board of Health,Commission on Disability,Conservation
Commission,Council on Aging,Historical Commission,Recreation Committee,and Youth
Commission.
1. Qualifications
Applications for Town Manager appointments shall be submitted to the Town Manager's Office.
2. Process
Individual-Selee4p—eftmembers of the Board should feel free to suggest names of qualified residents
to the Town Manager for the Boards and Committees appointed by him.
As a matter of procedure,appointments by the Town Manager shall be made in the following
manner:
a. The Town Manager shall notify members of the Board well in advance of the
vacancy becoming effective,or term of appointment expiration.
b. The Town Manager will publicize annual appointments and the filling of vacancies
in the same manner to be followed by the Board in its appointment procedures.
(see 2Section A.3 above)
C. The Town Manager will submit nominees to the Board no later than one week
prior to the regular Board meeting at which the Manager will seek Board approval.
Subsequent to step c,the Board will have on the agenda at a following Board meeting the matter of
the appointment to be approved by the Board.In general,appointments will be acted upon only
when all members of the Board are present.Approval will be by majority of the SeleetffienBoard.
Annual appointments shall take place no later than the expiration of a term.
Appointments to fill an unexpired term should take place no later than six weeks after the Town
Manager has been formally notified by the Town Clerk that a vacancy exists.
Page 32 of 50
I L RESIGNATIONS
.......................................
Under statute,all resignations of Town Officers,Board and Committee members must be in
writing and filed in the Town Clerk's office.In addition,the written resignation shall also be
sent to the appointing authority.
Page 33 of 50
Vl1ID, RELATIONS WITH OTHER TOWN BOARDS,COMMITTEES AND
COMMISSIONS
The Select Boarder Se'leetmen is aware that coordination and cooperation is needed among the
Town's major boards,committees and commissions,not only in the day-to-day operations of
government,but also to: 1.)set town-wide goals and priorities;2.)identify and anticipate major
problems and plan for their resolution;3.)develop a process for dealing with state government.
Therefore,as the executive board historically responsible for the over-all leadership and
coordination of town affairs,the-SeleetniefiSelect Board will:
Cultivate an atmosphere of mutual respect for each others'responsibilities and authority.
Regularly sehedule Meet with the chairs of- er boards and committees to
carry out functions 1-3 listed above.
—Schedule meetings of the annual efeetion a-ad the start of town meetiag for the pm,pose
of reviewing tre war-rant and expedttmg town meeting.
Regularly sehed le mee�of the Sele menSelect Board,finance committees and school
committee with Lexington's State Legislators to discuss legislative issues which affect Lexington.
The C1raitnChair of the Select Board��ems,in consultation with all� nmembers,
shall appoint members of the Select Board of ele Ito act in the liaison role defined above.
The SeleetmcnBoard member assigned to a liaison function shall keep the Select Board-of
geleernieft advised of significant developments and activities.
A. Appearance at Regular Board Meetings
Boards,committees and commissions of the Town may request an appointment with the Board
by making the request in writing to the Executive Clerk of the e eemt�enSelect Board,stating
precisely the reason for the appointment and the action desired.Boards,committees and
commissions are requested to forward a copy of all pertinent material related to the subject
matter to be discussed to the office of the Select Board-ofSeleetmea,by Wednesday 12:00 Noon
prior to the scheduled appointment.The Executive Clerk of the Board will notify those
requesting an appointment of the time at which their appearance will be scheduled.Tie
approximating the end of dw-Boafd's agenda.
Page 34 of 50
..1 X.......RELATIONS
.........
A. Relations with ' the Public
The Board recognizes that it both represents and is accountable to all the eitizen residents of the
Town.It is the Board's policy to make every effort to strengthen communications with sitizensthe
public.Measures will be instituted to increase e4izenresident participation,encourage eitiaen up blic
input into governmental decisions,and to-keep eidza^the public informed of all actions
contemplated or taken by the Board,the Town Meeting,and the Town Manager which will affect
them.To this end,the following steps will be taken:
The Seleet---
time Will be all, ed and speeia-,
attentron grven to the and eoneefris of the eftizens present.
• Regular Se etmeq"Regular Board meetings shall contain an agenda item that allows
the public to bring issues to the attention of the Board.
• An individual,gin or group—°a tizens may request an appointment before the
Board by making a request in writing to the Executive Clerk of the Board stating
precisely the reason for the appearance and the action desired and naming a
spekesnivaVokesperson for the group.Participants shall be given the opportunity to
make a reasonable presentation through the spol�ara«spokesperson to express
opinions and ask for pertinent information.Background data shall be prepared by the
boards and departments concerned prior to the appointment insofar as possible;so that
all parties involved can have a reasonable understanding of the subject matter.
• Persons who will be affected by proposed Board discussion and/or action will be
notified by the Executive Clerk of the date and time of the meeting at which the matter
will be discussed or acted upon by the Board.
• If the Board is considering matters of e44--% ut� blic concern at a regular meeting,the
public will be allowed to ask questions or make statements relative to the matter under
consideration at the discretion of the C-ltairmanChair or upon request of any member of
the Board.
• All-eitiz-ert questions and complaints are to be answered promptly.Questions and
concerns relating solely to the Select Board Office af� shall be answered
promptly by the C+,aifF anChair or at the direction of the E4Y&ifFrY&nChair,the
Executive Clerk.Those needing attention byfrom the Board should be referred to the
C1+ainuanChair for inclusion in the next meeting agenda.
• All other questions and all-complaints afe4owiil be referred to the Manager's office for
action or recommendations.
B. Relations with Town Manager
Page 35 of 50
The Selectmen-Town Manager Act governs the relationship between the Select Board of
Seteet w and Town Manager. Board members should be familiar with and abide by the terms of
the Act.
The primary role of the Select Board ofSe'�tnwn-is to set policy.The Town Manager is
responsible for implementing that policy.The Select Board^t 4 outmea will leave to the Town
Manager all the powers and duties as outlined in the Selectmen-Town Manager Act.
The Town Manager will provide to the-Seleewa RSelect Board all information,facts and reports
necessary to establish or modify policies.At any time,the manager may request guidance on
matters of operation from the Board.
As a matter of courtesy,individual Board members should speak with the Town Manager in
private about any concerns or questions° the members intend to raise publicly-,and the
Town Manager should schedule a time to discuss Board member concerns or questions within a
reasonable time of a Board member request.
C. Relations with Staff
The Selectmen-Town Manager Act vests in the Town Manager direction,supervision,and
evaluation of members of staff. °e aBoard members must respect this allocation and work
through the Town Manager when information requests result in follow-up action by staff.The
StleetmenBoard members may ask staff questions through the Manager or directly..when
authorized by the Manager.If the SefeettnenBoard seek reports or other work product,they should
discuss it with the Manager before contacting staff.
If Board members wish to take issue with a staff member's conduct or work product,they will do
so privately with the Town Manager,not directly with the staff.
Page 36 of 50
XH. .EMPLOYEE GRIEVANCES
............
These are to be handled as delineated in the Town's Personnel Policies and Procedures. Under the
Selectmen-Town Manager Act,the personnel practices are formulated by the Town Manager with
the approval of the Se'ee�Board.If employee grievances are brought to the attention of a
Board member,it shall be Board policy to proceed as follows:
• SeloetwanBoard Members will not intercede or interfere with the process.The
employee will be shown the administrative process to be followed. Commented[s]:where is this process posted?
• A meeting with the Board may be requested by any employee through the
SAeetmeti-IsBoard's Executive Clerk;the Board may defer such meeting until the
administrative process has been exhausted.
Page 37 of 50
X-l".XL HEARINGS BEFORE THE BOARD
...............................
Hearings before the Select Board- -Selo^otme generally shall be conducted in accordance with the
following procedures.Variations may be necessary to comply with statutory requirements
applicable to particular matters.The procedures for conducting hearings are hereinafter outlined:
A. Agenda
Upon receipt of a request for a hearing,the hearing will be normally included in the agenda for a
regular meeting.
B. Notice
The Executive Clerk will advertise the hearing and notify interested persons,such as abutters,as
required by statute or as directed by the 0+a4ffnaftChair in the absence of statutory requirements.
Abutters shall be broadly defined to include a reasonable circle of neighbors who may be affected
by actions of the Board.it is the poliey of the Board to notify town meeting members of hOffirkigS
C. Procedures
Hearings will be held in open session unless otherwise voted by the Board in compliance with the
Open Meeting Law.
The 0raifinariChair will announce the nature and purpose of the hearing,identify the particular
matter,and recite the notice given.Where appropriate,the GhaifffinnChair will outline the
procedure to be followed.
The order of presentation will be:
• Statements by proponents
• Receipt of recommendations from any Town agency,officer,or elected official.
• Statements by opponents
• Rebuttal statements by proponents and opponents
• Public comment
Where appropriate,questions may be asked of any person malting a statement after the statement is
finished.Questions will be accepted from members of the Board.
The Board may permit persons es:f:ng to speak to feeerd themselves as ift favor of against the
proposal. in the disefetion of the Board,a skew of hands may be to provide written comment.
At the conclusion of the hearing,the Board may render its decision or take the matter under
advisement,announcing the intended date of the decision.
D. Utility Hearings
Page 38 of 50
When a petition is filed by a utility company seeking permission to erect or construct a line or
take any other action for which a public hearing is required by statute,the Department of
Public Works,acting through its Engineering Division,will mail a notice on behalf of the
Select Board-mac aleemen notifying all owners of real estate abutting that part of the way
upon,along,across or under which the line is to be constructed of the time and place of the
hearing. It is the policy of the Board to expand notification to a reasonable area beyond
immediate abutters.The notice shall be mailed at least seven days before the date of the
hearing.The QiainiianChair of the Select Board-of,', n may determine that notice
should be sent to an expanded group of citizens if it is determined that there are broader
neighborhood considerations involved.
• The Chair will open the hearing at the announced time.
• Recognize representative of the utility company.
• Read reeommeada4mrecommendations from Director,DPW/Engineering.
• Take questions from the Select Board ofSt4e tnwR
• Take questions from the public.
• Ask if anyone else is present in favor or in opposition:
• If opposition,take additional,if any,questions from the public.
• If opposition,take additional questions from the Select Board-efSele-etr eft.
• Close hearing.
• Render decision or set date for a decision.
Page 39 of 50
X�ll ll. LICENSES AND PERMITS
................................
A. Scheduling
The S-eleetr Select Board's Executive Clerk will schedule licenses and permits.The
`;eleetmen4saSelect Board issues the following licenses and permits:Alcoholic Beverages,
Auctioneer,Automatic Amusement Devices(Video Games),Use of Battle Green,Beano,
Common Victualler,Common Carrier,Entertainment,Fortune Telling,Garage/Yard Sale,
Gasoline Storage,Innkeeper/Lodging House,Limousine,Parade,Sale of Second-Hand Motor
Vehicles(Class 1,11 and 111),Taxi/Hackney and Theatre.
B. Applications
Applications for licenses and permits will be available in the SeeetffienlsSelect Board Office.
C. Processing
Upon payment of the appropriate fees,the Selee men!^Select Board Office will be responsible for
processing all applications.
D. Attendance
In the interest of all concerned,it is recommended that persons requesting licenses or permits be in
attendance at the Board meeting when the request is reviewed.The°e'��Ws,Board's Executive
Clerk will notify all interested parties of the date and time of such review.
Page 40 of 50
: lll, SPECIAL MUNICIPAL EMPLOYEES
....................................
Special municipal employee status under the Conflict of Interest Law,G.L.Ch.268A,may be
assigned to part-time or unpaid town officials by a vote of the Select Board^ k-etmme-a. The
Board vote applies to the position held by an individual or individuals and not to a specific
individual.A position designated by the Board as having"special"status remains such unless the
designation is rescinded by a majority vote of the Board.Certain sections of the Conflict of
Interest Law apply less restrictively to those holding positions designated as"special'for Conflict
of Interest proposes. See Appendix C for a definition of a Special Municipal Employee and a list
of the positions currently listed as"Special Municipal Employees".
Page 41 of 50
WARRANTS
................................
The Sek�c� Select Board has the statutory responsibility for calling town meetings and
preparing,publishing,and distributing the warrant for them.The Seleetmegov niBoard governs
what appears in the warrant,as well as the order of the articles.
They insert articles on their own motion and,by tradition,all those submitted by official boards,
committees and commissions.Under Massachusetts's law they must insert articles upon the
written request of a specified minimum number of registered voters of the town filed by the
warrant closing date(ten registered voters for an Annual Town Meeting and 100 registered voters
for a Special Town Meeting).
A. Annual
Late November,early December the Seleetmen-vo eBoard votes to call the Annual Town Meeting,
stipulating the time and place of the meeting and the day the warrant will be closed for the
submission of articles.
During January,the Gh*iFFnftaChair of the Select Boardo +Sek-&tff eea,or their designee and the
Town Counsel,Town Moderator,Town Manager and geteetmea�sthe Board's Executive Clerk
meet to establish the preliminary order of the articles,taking into account subject matter and
efficient utilization of staff. The wording of articles is also reviewed.
Town Counsel reviews the final wording of articles submitted by the aeiee4f—efiSclect Board and
official boards,committees and commissions in consultation with the Moderator.
By law,citizen articles must be worded exactly as submitted.Citizens are encouraged to have the
Moderator and Town Counsel review the language prior to obtaining signatures.Town Counsel
may be contacted through the&ere&4RffLsBoard's Office.
B. Special
The°ek-eti*e Select Board may call a Special Town Meeting at anytime,but must call one on
petition of 200 registered voters of the town. Such a meeting must be held not later than 45 days
after the receipt of such a written request. The warrant must include all subjects requested by said
petition.When the ek*tm H--A eBoard votes to call the Special Town Meeting they stipulate the
time and place of the meeting and the warrant closing date.
The process for drafting the warrant follows that outlined above in Section A,Annual Town
Meeting.
C. State and Federal Elections
Wording for state and federal elections generally comes from the state.The Town Clerk's office
shall provide the Select Board efSeleetmeiirwith a draft warrant.The Sel etme"Select Board
Office shall prepare the warrant for Selo tme*Board signature and mail the warrant.
Page 42 of 50
Procedures adopted on October 11, 1978.
Selectmen's Expense Section of Procedures Adopted November 13, 1978.Procedures revised
October 2005. Approved by Selectmen on October 24,2005.
Page 43 of 50
POLICIES VOTED BY THE
Page 44 of 50
SELECT BOARD
Page 45 of 50
REGULATIONS VOTED BY THE aU CT IEN
Page 46 of 50
SELECT BOARD
Page 47 of 50
APPENDIX A®CONFLICT OF INTEREST
Page 48 of 50
APPENDIX B®POLICY FORM
Page 49 of 50
APPENDIX C®SPECIAL MUNICIPAL EMPLOYEES
Page 50 of 50
LEXINGTON SELECT BOARD
PROCEDURES,POLICIES AND REGULATIONS MANUAL
TABLE OF CONTENTS
PROCEDURES.............................................................................................................................................................3
I. SELECT BOARD......................................................................................................................................................3
A. Authority for Select Board................................................................................................................................3
B. Election& Qualification....................................................................................................................................3
C. Vacancies on the Board....................................................................................................................................3
D. Organization of the Board................................................................................................................................3
1. Responsibilities of the Chair..........................................................................................................................................3
2. Responsibilities of the Vice-Chair..................................................................................................................................4
E. Internal Operation............................................................................................................................................4
1. Members Interaction....................................................................................................................................................4
2. Standard of Conduct.....................................................................................................................................................4
F. Member's Expense Reimbursement.................................................................................................................5
G. Conflict of Interest............................................................................................................................................5
H. Ethics................................................................................................................................................................6
1. Purpose and Scope.......................................................................................................................................................6
2. Applications..................................................................................................................................................................6
II. EMPLOYEES OF THE BOARD..................................................................................................................................8
A. Town Manager.................................................................................................................................................8
1. Appointment.................................................................................................................................................................8
2. Powers and Duties........................................................................................................................................................8
B. Town Comptroller.............................................................................................................................................8
1. Appointment.................................................................................................................................................................8
2. Powers and Duties........................................................................................................................................................8
C. Town Counsel...................................................................................................................................................9
1. Appointment.................................................................................................................................................................9
2. Powers and Duties........................................................................................................................................................9
D. Executive Clerk and Other Secretarial Staff......................................................................................................9
1. Appointment.................................................................................................................................................................9
2. Powers and Duties........................................................................................................................................................9
E. Evaluations.....................................................................................................................................................10
1. Town Manager............................................................................................................................................................10
2. Town Comptroller.......................................................................................................................................................10
3. Executive Clerk............................................................................................................................................................11
4. Other Administrative Staff..........................................................................................................................................11
III. BOARD MEETINGS..............................................................................................................................................12
A. Schedule.........................................................................................................................................................12
B. Notice of Meetings.........................................................................................................................................12
C. Procedures......................................................................................................................................................12
D. Staff Members in Attendance at Board Meetings..........................................................................................13
E. Executive Session............................................................................................................................................13
1. Executive Session Votes..............................................................................................................................................13
2. Executive Session Records..........................................................................................................................................13
F. Special/Emergency/Working Meetings..........................................................................................................14
1. Special Meetings.........................................................................................................................................................14
2. Emergency Meetings..................................................................................................................................................14
3. Working Meetings.......................................................................................................................................................14
G. Agenda Procedure..........................................................................................................................................14
1. Responsibility..............................................................................................................................................................14
2. Timing.........................................................................................................................................................................14
3. Format and Content....................................................................................................................................................14
4. Posting and Delivery...................................................................................................................................................15
Page 1 of 39
5. Notification of Interested Parties................................................................................................................................15
H. Minutes..........................................................................................................................................................16
I. E-mail Communications.................................................................................................................................16
J. Open Meeting Law.........................................................................................................................................16
K. Operational Goals..........................................................................................................................................17
1. Goal Setting.................................................................................................................................................................17
2. Policy Development....................................................................................................................................................17
L. Calendar of Annual Select Board Office Responsibilities................................................................................17
IV. STANDING COMMITTEES....................................................................................................................................20
V. ADVISORY COMMITTEES OFTHE SELECT BOARD................................................................................................21
VI. APPOINTMENTSAND APPROVAL OF MANAGER'S APPOINTMENTS...................................................................22
A. Select Board Appointments............................................................................................................................22
1. Expiration Dates..........................................................................................................................................................22
2. Criteria........................................................................................................................................................................22
3. Process........................................................................................................................................................................22
B. Town Manager's Appointments with Select Board Approval.........................................................................23
1. Qualifications..............................................................................................................................................................23
2. Process........................................................................................................................................................................23
VII. RESIGNATIONS...............................................................................................................................................24
Vill. RELATIONS WITH OTHER TOWN BOARDS,COMMITTEESAND COMMISSIONS..............................................25
A. Appearance at Regular Board Meetings........................................................................................................25
IX. RELATIONS..........................................................................................................................................................26
A. Relations with the Public................................................................................................................................26
B. Relations with Town Manager.......................................................................................................................26
C. Relations with Staff........................................................................................................................................27
X. EMPLOYEE GRIEVANCES.....................................................................................................................................28
XI. HEARINGS BEFORE THE BOARD..........................................................................................................................29
A. Agenda...........................................................................................................................................................29
B. Notice.............................................................................................................................................................29
C. Procedures......................................................................................................................................................29
D. Utility Hearings...............................................................................................................................................29
MI. LICENSES AND PERMITS..................................................................................................................................31
A. Scheduling......................................................................................................................................................31
B. Applications....................................................................................................................................................31
C. Processing......................................................................................................................................................31
D. Attendance.....................................................................................................................................................31
XIII. SPECIAL MUNICIPAL EMPLOYEES...................................................................................................................32
XIV. WARRANTS.....................................................................................................................................................33
A. Annual............................................................................................................................................................33
B. Special............................................................................................................................................................33
C. State and Federal Elections............................................................................................................................33
POLICIES VOTED BY THE SELECT BOARD ..................................................................................................................35
REGULATIONS VOTED BY THE SELECT BOARD..........................................................................................................36
APPENDIX A-CONFLICT OF INTEREST......................................................................................................................37
APPENDIX B-POLICY FORM ....................................................................................................................................38
APPENDIX C-SPECIAL MUNICIPAL EMPLOYEES.......................................................................................................39
Page 2 of 39
PROCEDURES
I. SELECT BOARD
A. Authority for Select Board
The Select Board is an elected Board and derives its authority and responsibilities from the statutes
of the Commonwealth of Massachusetts, the Selectmen-Town Manager Act of the Town of
Lexington and the By-Laws of the Town of Lexington.
General Reference:
• Chapter 41, Massachusetts General Laws
• Chapter 753 of the Acts of 1968, Selectmen-Town Manager Form of Government, and as
amended
• Handbook for Massachusetts Selectmen—Fourth Edition 2014; Massachusetts Municipal
Association
B. Election& Qualification
In accordance with the Acts of 1922, Chapter I, the Board shall consist of five duly elected
members. Before assuming official duties, each newly elected member shall be sworn to faithful
performance of official responsibilities by the Town Clerk.
C. Vacancies on the Board
When a vacancy or vacancies occur in the membership of the Select Board, the remaining
members of the Select Board shall call a special town election to fill the vacancy or vacancies for
the unexpired teen or terms, except that if such a vacancy or vacancies occur less than 100 days
prior to the annual election and not less than three members of such Board remain in office, the
vacancy or vacancies shall remain unfilled until such annual election. (Selectmen- Town Manager
Act)
D. Orizanization of the Board
The Select Board Chair and Vice-Chair shall be elected annually at the first regular meeting of the
Board after the adjournment of the Annual Town Meeting. The Board may at any time remove the
Chair or Vice-Chair. The Chair shall not serve more than three consecutive years. A majority vote
shall constitute an election. Nominations require no second. The Executive Clerk shall preside as
Chair pro tem until the Chair and Vice-Chair are elected. If a vacancy occurs in the office of Chair
or Vice-Chair, the Board shall elect a successor.
1. Responsibilities of the Chair
The Board Chair shall:
• Preside at all meetings of the Board.
• Sign official documents that require the signature of the office.
• Supervise the Executive Clerk and Select Board staff.
• Prepare agendas with the Executive Clerk and Town Manager.
• Arrange orientation for new members.
Page 3 of 39
• Represent the Board at meetings, conferences and other gatherings unless otherwise
determined by the Board or delegated by the Chair.
• Serve as spokesman of the Board at Town Meetings and present the Board's position unless
otherwise determined by the Board or delegated by the Chair.
2. Responsibilities of the Vice-Chair
The Vice-Chair shall:
• Assume the responsibilities of the Chair in the Chair's absence.
The Chair and Vice-Chair shall have the same rights as other members to offer resolutions, to
discuss questions and to vote thereon.
In the absence of the Chair and Vice-Chair, the Board shall designate an Acting Chair.
E. Internal Operation
1. Members Interaction
The Board functions as a body in all policy decisions and all other matters as required by law or
determined by vote of the Board in formal session.
• Board members will report back to other members and the Manager on significant
meetings or hearings which they have attended and especially on issues on which
Board action will later be required.
• The Chair will notify Board members prior to the meeting if a particular strategy or
approach has been suggested for dealing with potentially explosive agenda items.
• Board members will keep each other informed of all investigations they are
conducting or issues they are pursuing that are of concern to the Board.
• Board members agree not to surprise each other by last minute agenda items about
which others have no warning or knowledge except in the case of emergency items or
those of a strictly routine nature which need action prior to next scheduled meeting.
• Board members who wish to take issue with another member's conduct,
behavior, procedures, will do so first privately with the member concerned or
will notify the member prior to first doing so at a public meeting.
• When individual members request information from the Manager of concern to the
whole Board, the Manager will report back to the whole Board- not only the member
raising the question.
2. Standard of Conduct
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An individual member of the Board, including the Chair, may act independently only if
specifically authorized by the Board.
Members of the Board will behave with civility and courtesy. The Chair will preserve decorum
and prevent personal attacks. No one in attendance at the meeting will be allowed to make
disparaging remarks about anyone including staff. The Chair will rule inappropriate comments
out of order and issue warnings to the offending parties.
F. Member's Expense Reimbursement
Expenses in connection with in-state travel involving overnight accommodations or travel beyond
50 miles, round trip, may be reimbursed with the prior approval of the Board. Items may include
transportation, meals, lodging, and registration fees. A voucher itemizing such expenses shall be
submitted to the Executive Clerk in a form approved by the Comptroller within 10 days following
completion of the travel.
Out-of-state travel by members of the Select Board should be approved only when the travel can
unequivocally be shown to be in the best interest of the citizens of Lexington.
Registration fees and other miscellaneous expenses incurred by members in their official capacity
may be reimbursed by submission of said invoice to the Executive Clerk.
If a member of the Board travels as a member and does not seek reimbursement from the Town for
expenses, the member shall disclose to the Board the source of funding for the trip (personal funds,
reimbursement by an outside agency, business support, etc.).
G. Conflict of Interest
Members of the Select Board will strictly adhere to the provisions of the Conflict of Interest Law,
G.L. Ch. 268A, during and after their terms of office as certain restrictions remain in perpetuity
and can also affect a business partner.
Members should avoid the appearance of conflict in their words and actions, including in the
making of appointments.
Without proper public disclosure members "may not take any action that would create an
appearance of impropriety, or could cause an impartial observer to believe your official actions are
tainted with bias or favoritism." (State Ethics Commission Introduction to the Conflict of Interest
Law).
Individual members may not hire,promote, supervise, or otherwise participate in the employment
of an immediate family member or their spouse.
Members may not ask for or accept gifts worth $50 or more from anyone with whom the Board has
official dealings.
Members may request legal advice about how the law applies in a particular situation. Advice is
free, confidential, timely and binding. Call the State Ethics Commission's "attorney of the day" at
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(617) 371-9500. Advice may also be sought from Town Counsel, whose conflict of interest
opinions must be filed with the Commission for review.
Every 2 years, all members of the Board must complete the State Ethics Commission conflict of
interest law online training program. Newly elected members must complete this training within 30
days of beginning public service, and every 2 years thereafter. New members of the Board may be
briefed on the law's implications by either Town Counsel or by attending one of the State Ethics
Commission seminars.
See Appendix A: Conflict of Interest- Articles and primers prepared by the State Ethics
Commission.
H. Ethics
1. Purpose and Scope
This Code of Ethics expresses the basic understanding of the organization of the Select Board
under the Selectmen-Town Manager Act and other statutes of the Commonwealth. The oath of
office of a Select Board Member binds the individual member to those laws, since the Board
operates under their authority.
2. Applications
This code applies to three areas of responsibility of Board members in addition to that set forth
above: responsibility to the Community; relationships with fellow Board members; and
responsibility in relation to the Town Manager.
a. Board members in relation to the community should:
■ Be ever mindful that the basic responsibility is to the entire citizenry and
that the members represent the entire community at all times.
■ Recognize that the basic function of the Select Board is policy
making and not administration which is in the hands of the Town
Manager.
■ Be well informed concerning the duties of a member.
■ Accept the office of Select Board Member as a means of unselfish service.
■ Realize that it is inappropriate to make promises or commitments of how
the Select Board will vote upon matters which will come before the
Board.
b. A member in relation to other Board members should:
■ Treat fellow members respectfully and courteously.
■ Recognize that actions at official meetings of the Board are binding and
that the individual member cannot bind the Board outside such meetings.
■ Uphold the intent of executive sessions and respect
privileged communications that exist in executive sessions.
■ Make voting decisions only after all facts on a matter have been presented
and discussed.
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C. A member in relation to the administration and particularly to the Town Manager
should:
■ Accord the Town Manager full responsibility for the conduct of that
office and hold the Manager accountable for acceptable results.
■ Endeavor to establish sound and clearly defined policies which will guide
and support the Town Manager.
■ Respect and support the administration chain of command and the authority
of the Town Manager.
■ Respect and support the authority of the Town Manager in all matters of
employment, discipline and termination of administrative personnel.
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IL EMPLOYEES OF THE BOARD
The Select Board shall appoint a Town Manager, Town Comptroller, Town Counsel and an
Executive Clerk to the Board, who with Board approval, shall appoint such other administrative
support as are deemed necessary to carry out the responsibilities of the Select Board office.
A. Town Manager
1. Appointment
The Select Board shall appoint a Town Manager in accordance with the Selectmen-Town Manager
Act. The Board shall set the Town Manager's compensation, subject to Town Meeting
appropriation, and such other terms and conditions of employment that they may, from time to
time, deem advisable. Such terms and conditions shall not be in conflict with the Selectmen-Town
Manager Act, Town By-Laws or any other special or general laws.
2. Powers and Duties
The Town Manager shall have the powers and duties as delineated in the Selectmen-Town
Manager Act and as required by those sections of the General Laws relating to towns with town
manager form of government. These powers and duties may not be abrogated or abridged by the
Select Board. The Town Manager shall perform such other duties that, from time to time, may be
requested by vote of the Board. The Manager shall attend all meetings of the Board, shall keep the
Board fully advised of the needs of the Town and shall recommend to the Board for adoption such
measures requiring action by them or by the Town as the Manager may deem necessary and
expedient.
The Town Manager is responsible for inter-board communication in the day-to-day operations of
government. The Town Manager shall develop a process for exchange of information and the
provision for advice and recommendations among the boards, committees and commissions with
common interests, which shall include but not be limited to the exchange of minutes, the
establishment of a central repository for data, studies and reports and the appointment of members
or staff of boards, committees or commissions as liaison with one another around common projects
such as housing needs and revitalization of the center.
B. Town Comptroller
1. Appointment
The Select Board shall appoint a Town Comptroller. The Comptroller shall be appointed in March
of every third year for a three-year term from the first day of the following April. The Comptroller
may be removed by the Board for cause and the vacancy filled by appointment for the remainder of
the unexpired term in accordance with the Selectmen-Town Manager Act and Chapter 777 of the
Acts of 1965 - "An Act Establishing the Office of Comptroller in the Town of Lexington".
2. Powers and Duties
The Town Comptroller shall have the following powers and duties: Perform a variety of
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complicated, detailed professional accounting work including the direction and supervision of
specialized and technical fiscal control functions; coordinate the accounting functions of other
departments' accounting and auditing activities; be responsible for disbursement and receipt of all
municipal monies and the maintenance of all records in coordination with the treasurer. The
Comptroller shall develop, install, direct and supervise all accounting procedures and practices
required by the Town; shall direct all accounting and financial activities of the Town; and shall
review all payroll transactions, invoices for payments, statements of account, accounts receivable
and accounts outstanding. The Comptroller shall be an ex officio member of the Appropriations
Committee without vote. The Comptroller shall perform other duties as required by the applicable
sections of the General Laws relating to Town Comptrollers and Town Accountants.
C. Town Counsel
1. Appointment
As specified in the Town By-Laws Chapter 90 section 24, the Select Board shall each year within
thirty days after the annual election of Town Officers appoint an attorney at law as Town Counsel
who shall serve a term of one year.
2. Powers and Duties
The Town Counsel shall have the powers and duties specified in the General By-Laws of the Town
of Lexington.
D. Executive Clerk and Other Secretarial Staff
1. Appointment
The Board shall each year appoint an Executive Clerk to assist the Board and to perform such
duties as the Board Chair may direct. The Executive Clerk with the approval of the Board, shall
employ additional secretarial help as deemed necessary to carry out the responsibilities of the
Select Board. The hiring, performance evaluations and salary reviews for these positions shall
conform to the regular Town personnel practices and procedures.
2. Powers and Duties
They shall include but not be limited to:
• Complete, detailed set-up and follow-up (including minutes)of Select Board meetings,
budget meetings and special meetings of the Board, including scheduling hearings as
part of regular Board meetings.
• Answer correspondence addressed to the Board and assist the Chair and the Town
Manager in answering the public's questions about the decisions and work of the
Board.
• All administrative work for members of the Board, including processing
requests for payments under Town Meeting Articles.
• Interface with the public on all personal, telephone, email, and online contacts.
• Prepare warrants for Annual Town Meeting, Special Town Meetings, and annual
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Election; arrange for printing and delivery of same.
• Process applications and issue licenses, i.e., limo/taxi, Class I, 11 and III, auctioneer,
common carrier, common victualler, coin operated video games, entertainment,
lodging houses all liquor licenses, theaters, etc.
• Prepare list of annual appointments.
• Schedule Board appointments and hearings on requests from utility companies for
pole and conduit installations (all clerical work necessary prior to and following
hearings to be handled by D.P.W.).
• Prepare budgets for the Select Board Office, Legal Expenses and Fees.
• Certify and notarize documents for the Select Board.
• Purchase Board office supplies
• File all Board correspondence
• Certify the Board's Office payroll.
E. Evaluations
1. Town Manager
The Select Board shall evaluate the Town Manager's service annually. It is the policy of the Board
to conduct the evaluation on the anniversary of the contract with a final public report prior to the
end of the calendar year. This way all the members who have worked with the manager over a year
can have input into the evaluation. The evaluation shall be in writing.
As a foundation for said evaluation, the Select Board shall work with the Town Manager to
develop measurable and specific goals against which the Manager's performance shall be evaluated
throughout the year. Ideally goals will be developed in May, after Town Meeting ends.
The Board Chair shall be responsible for distributing an evaluation form to all Board members.
While the Board may change the form from time to time by a majority vote of the Board, at a
minimum the Board shall measure the Manager's success in addressing the goals for the Manager.
Each member shall individually submit a written evaluation to the Executive Clerk. The Executive
Clerk will then produce a consensus report. The Manager shall discuss the report with the Board
Chair prior to the public presentation.
The report shall be made a permanent part of the manager's personnel file. This file shall be
maintained in the Select Board office.
Prior to the start of a new fiscal year, the Select Board shall set compensation for the manager
based on the evaluation and in keeping with the financial condition of the Town.
2. Town Comptroller
By authority of the Selectmen-Town Manager Act and Chapter 777, Acts Of 1965, the Select
Board is responsible for hiring and supervising the Comptroller. The Select Board shall evaluate
the Comptroller's performance.
The Board Chair shall be responsible for working with the Select Board to determine a process for
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evaluation. The final evaluation shall be in writing and placed in the Comptroller's personnel file
as a permanent record of performance.
If the Comptroller also serves as the Finance Director, said file shall be maintained by the Town
Manager; otherwise, the file shall be maintained in the Select Board Office.
The Select Board shall participate with the Town Manager in setting the compensation for the dual
position, so long as such participation does not conflict with a collective bargaining agreement.
3. Executive Clerk
The Executive Clerk of the Select Board,per the Selectmen-Town Manager Act, shall be an
employee of the Select Board. Supervision of the Executive Clerk is the sole responsibility of the
Board Chair and they alone are responsible for performing an annual performance review. Such
review will conform to the regular Town personnel practices and procedures. The personnel file of
the Executive Clerk shall be kept by the Town Human Resources Director.
Compensation for the Executive Clerk shall be set by vote of the majority of the Select Board and
reviewed annually. Said compensation shall be based on the evaluation and in keeping with the
financial condition of the Town.
4. Other Administrative Staff
Additional administrative staff to the Select Board is the responsibility of the Executive Clerk. The
Executive Clerk shall annually review administrative staff to the Select Board prior to the start of a
new fiscal year. Said review will include meeting with the staff and submitting a written
evaluation for the file. The personnel file for the administrative staff shall be by the Town Human
Resources Director.
The Select Board shall set compensation for secretarial staff. Such staff shall be paid in a range
similar to other municipal secretarial staff. The Executive Clerk shall recommend to the Select
Board appropriate compensation based on the annual review.
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III. BOARD MEETINGS
A. Schedule
Select Board Meetings are held in the Select Board Meeting Room of the Town Office Building,
on Monday evenings unless otherwise determined.
The Board shall not meet on days designated as Legal Holidays. Meetings falling on a Legal
Holiday are canceled or rescheduled at the discretion of the Board.
B. Notice of Meetings
The Executive Clerk of the Select Board, on behalf of the Chair, is responsible for filing a notice
of the meeting with the Town Clerk at least 48 hours (not including Saturdays, Sundays or Legal
Holidays)before the meeting is to take place and shall take all steps necessary to comply with the
open meeting law.
C. Procedures
Meetings are to be conducted in accordance with generally accepted rules of parliamentary
procedure. It is the practice that application of such procedure be on a relatively informal basis,
due to the size of the group and the desirability of flexibility in the expression of opinion.
Robert's Rule of Order is used as a guide in matters requiring clarification or definition.
A quorum shall consist of three members of the Board. As a practical courtesy, action on critical or
controversial matters, the adoption of policies or the making of appointments shall be taken
whenever practicable only when the full Board is in attendance.
Actions and decisions shall be by motion, second and vote. Split vote will be identified by name.
When only three members of the Board are present or in the case of nominations, no second will
be required prior to Board action.
Citizen Participation at Select Board Meetings
Unless directly involved in an agenda item, citizens may only participate at a regular Board
meeting at the discretion of the chair or upon request of any member of the Board.
Recordings. Any person in attendance at any Select Board open meeting may record the meeting
by any means allowed by state law,provided that there is no interference with the conduct of the
meeting.
A ten-minute Public Comment period may be scheduled at each meeting to hear concerns of the
general public. The issues raised will not be debated during the public comment but may be
scheduled for a future agenda if needed.
Rules for Public Comment section of the meeting:
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• Public comments will be conducted in an orderly and peaceable manner.
• Before speaking, speakers should state their names, addresses, and any affiliations.
• Each speaker may speak only once for a maximum of 2 minutes.
• Speakers will not be allowed to disrupt others, and may be removed from the meeting
if they do.
D. Staff Members in Attendance at Board Meetings
• The Executive Clerk of the Select Board and the Town Manager or their designees are
expected to be in attendance at all regular meetings of the Board. The Executive Clerk
or their designee shall attend in order to keep records of the proceedings, coordinate
and carry out the actions of the Board relating solely to the Select Board Office.
• The Town Manager, as Chief Executive Officer of the Town, shall attend in order to
keep the Board informed and advised and recommend in all matters that fall within the
jurisdiction of the office. The Manager shall carry out the actions of the Board as they
relate to the conduct and administration of Town affairs under the Manager's
jurisdiction.
• The Town Counsel shall attend to provide legal direction, give consultation, advice
and opinions on legal matters pertaining to Town business when requested by the
Board.
E. Executive Session
If practicable, Executive Sessions, other than a few minutes in duration, will be scheduled to allow
the open meeting to commence at the regular starting hour. Only items clearly allowed under the
State's Open Meeting Law shall be included in Executive Session. An Executive Session shall not
be held unless the Board has first convened in Open Session for which notice has been given. A
majority of the members must vote to go into Executive Session and the vote of each member must
be by roll call recorded in the minutes. The mover must specify in the Open Meeting the grounds
on which Executive Session is sought. Before the Executive Session, the Chair must state whether
or not the Board will reconvene in Open Session.
1. Executive Session Votes
During Executive Session, all votes shall be recorded through a roll call, and these votes will
become a part of the Executive Session's records.
2. Executive Session Records
The Board must maintain accurate records of both Open Meetings and Executive Session. At a
minimum, the records must set forth "the date, time,place, members present or absent and action
taken". Executive Session records shall remain confidential only "so long as the publication
may defeat the lawful purpose of the Executive Session,but no longer". Thereafter they shall be
open to the public.
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F. Special/Emergency/Working Meetings
1. Special Meetings
A meeting called for any time other than the regular meetings shall be known as a "Special
Meeting". The same rules as those established for regular meetings will apply. Notice for
Special Meetings will be posted at least 48 hours prior to the meeting. The Chair or any
member of the Board, through the Executive Clerk, may call special Meetings provided that all
Board Members are notified and that a majority of the members agree to meet.
2. Emergency Meetings
In a situation where immediate action is deemed by the Board to be imperative, an "Emergency
Meeting" may be called. In this case an emergency is defined by law as "a sudden, generally
unexpected occurrence or set of circumstances demanding immediate action". Such a meeting
may be held even though notice was not posted in time. Notice of an "Emergency Meeting",
pursuant to MGL Chapter 30A, Section 20(b), shall be posted as soon as reasonably possible
prior to such meeting. .
3. Working Meetings
The Board may conduct informal "Worl,,ing Meetings" from time to time as the situation
warrants. At such meetings, which will be posted in accordance with the Open Meeting law, no
official action will be taken. A synopsis of transactions of informal meetings will be made a part
of the minutes of the following regular meeting.
G. Agenda Procedure
1. Responsibility
The responsibility for coordinating and planning the meeting agenda is that of the Chair. Each of
the Board Members and the Town Manager may request that items be placed on the agenda. The
Executive Clerk, after consultation with the Chair, shall schedule a realistic time period for each
appointment, interview, conference or other scheduled item of business and shall confirm all
appointments including time allotted. The Chair, in consultation with the Executive Clerk and the
Town Manager, shall decide the meeting date on which an agenda item shall appear.
2. Timing
All items for the agenda packet must be submitted to the Executive Clerk three business days
before the preceding the meeting by noon. Items not ready on time will be rescheduled except in
extraordinary circumstances.
3. Format and Content
Agenda items include by way of example:
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• Call meeting to order
• Executive Session (if needed)
• Public Comment
• Member Concerns and Liaison Reports
• Town Manager Report
• Items for Individual Consideration (sign notes for borrowing,hearings for licenses,
permits, sign pole locations, appointments or approval of manager appointments,
appointments with Town boards, committees, commissions, general business, Board
policy action or review,reports of boards and committees, and other business)
Consent Agenda(items of no controversy)
The Chair will determine the order of the agenda.
Where an agenda item is the responsibility of a particular member of the Board or has been
requested to be placed on the agenda by another board or committee or citizen, their name will
appear after the agenda item. Thus, a Board member seeping further information will know the
name of the person to contact. Members are reminded that the Open Meeting Law prohibits
substantive discussion of agenda items by a quorum of the Board outside a posted meeting.
All backup data, pertinent information, or an outline for discussion shall accompany all subject
matters or items to appear on the agenda.
If background information is insufficient or complicated or if complex memos or motions are
presented at the meeting which were not in the originally posted packet, any member should feel
free to request the tabling of the item to allow careful study of the material presented or the motion
proposed.
4. Posting and Delivery
The agenda shall be available to the public at the Select Board's office the two business days
before the meeting date and shall be posted in accordance with current posting requirements. As a
courtesy, the agenda and notice of meeting shall be sent to town distribution email lists. Copies of
all important reports and other pertinent background materials shall be included with the Board
meeting packet.
The special meetings of the Board shall conform insofar as practical to the agenda for the regular
Monday meetings. Distribution shall be as outlined above.
Additional copies of the agenda shall be available in sufficient quantity to distribute to those
requesting a copy and to the people in attendance at the meetings.
5. Notification of Interested Parties
The Executive Clerk shall notify persons who are directly involved in the issues to be discussed by
the Select Board making note of the time their item will probably be considered. This shall include
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items to be discussed under the Town Manager's agenda.
H. Minutes
• The Executive Clerk or designee shall record open meetings of the Board, shall draft
minutes and shall distribute such minutes to each Board Member.
• Minutes to be approved at a meeting shall be included in the packet. If possible the
draft meeting minutes will be circulated to members of the Board as soon as they are
available. On request of any member, approval of minutes submitted shall be
postponed for one meeting to enable such member to propose amendments to the
Executive Clerk. Revised minutes must be included in the meeting packet not later
than the Friday preceding the meeting at which approval is sought.
• By unanimous consent, minor corrections may be made with respect to minutes
otherwise in order for approval, without advance circulation of such corrections.
• Minutes shall contain a statement of all actions taken by the Board and of the
disposition of all proposals for action. Discussions preceding action need not be
detailed in the minutes.
• Approved minutes shall be recorded in a Minutes Book which shall be indexed when
filled to capacity.
• Minutes of executive sessions shall be separately kept and recorded in accordance with
the above procedures.
• Minutes of executive sessions shall be reviewed periodically for purposes of
determining whether they can be made public, and upon such determination shall be
recorded with the regular minutes.
• Minutes (other than of executive sessions) are open for public inspection.
• Recordings of open meetings shall be preserved three months after approval of the
minutes at which time they will be destroyed unless otherwise voted by the Board.
I. E-mail Communications
E-mail is a convenient way to communicate with Boards and Committees. However, its use by
members carries a high risk of violating the open meeting law. E-mails deprive the public of the
chance to monitor discussions and exclude non-participating members.
In keeping with the Open Meeting Law and the District Attorney's interpretations, e-mail
exchanges among a quorum of the Board should be limited to discussing procedural items
regarding agendas and scheduling, etc. It shall not be used to debate policy or convey opinions.
This policy shall apply to all Boards and committees and Select Board liaisons are responsible for
informing their committees.
As a way of ensuring public access to e-mails, the Select Board shall maintain a record all Board e-
mails. Said e-mails shall be available for public inspection at the Select Board office during regular
hours. It is the responsibility of Board members to conduct public business using their Town of
Lexington e-mail account.
J. Open Meeting Law
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Each Board member shall be furnished with a copy of the Office of Attorney General's current
Open Meeting Law. It is the Board member's responsibility to comply with the current Open
Meeting Law.
Open Meeting Law available on web at http://Nvww.mass. o�gis/laws/m lg /mallink.htm (Chapter
39, Section 23B)
The Attorney General's Division of Open Government guidelines are available on web at
https://www.mass.gov/the-open-meeting-I
K. Operational Goals
1. Goal Setting
The Select Board sets goals that can influence the community for many years. In setting goals, the
Board must think of short-term and long-range needs as well as the future implications of those
decisions. Goals should be established that will sustain the excellence that citizens demand.
Goal setting is done collaboratively between the Board and the Manager. The goals should be
prioritized and adopted after public review.
Since the goals have far reaching implications, the Board should seek broad participation in the
development of the goals. The following should be included in developing the operational goals:
• Each Board member should be asked to submit proposed goals.
• The Town Manager should be asked to submit proposed goals.
• Town Boards and Committees are encouraged to recommend proposed goals for
consideration.
• Senior managers should review the proposed goals and inform the Board of Town
staff recommendations.
• Review prior year's goals and include any not met that should be continued.
Once adopted, the operational goals of the Board will be posted on the website.
2. Policy Development
Adoption of new policies and revision of existing policies of the Select Board may only be adopted
by an affirmative vote of a majority of the Select Board at a duly noticed meeting of the Select
Board.
All policies of the Select Board shall be recorded on the same form. Said form shall include the
name of the policy, the date approved by the Select Board and the signature of the Chair of the
Select Board. Each policy shall contain the following sections: I. Background, IL Purpose &
Scope, III. Application and IV. Reference. A sample form is attached in Appendix B.
L. Calendar of Annual Select Board Office Responsibilities
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January
Budget Select Board/School Committee Vote on Recommended Budget
Budget Budget Collaboration Meetings
Files Change Files - retain 3 years
Licensing Annual License Information Form (ALIF) Report due to State 2/1
Warrant Prepare/Publish Warrant
February
Appointments Prepare for Registrar(s) of Voters Appt by 3/31
Budget Schedule Proposed Budget(White Book) Approval
Licensing Submit Annual Report letter to ABCC
Warrant Confirm Available Funds on Postal Permit
March
Appointments Registrar(s) of Voters by 3/31
Appointment Town Counsel (1 year term by 3/31)
Appointments Appointment of Comptroller (3-year term by 4/1)
Town Meeting Town Meeting Begins (Monday and Wednesday until completed)
April
Licensing Initiate renewal of Limo and Taxi Licenses in permitting system
May
Select Board Reorganization of Select Board (lstmeeting after end of TM)
Appointments Select Board Liaison Assignments
June
Appointments Executive Clerk(1 year term by 6/30)
Appointment Keeper of the Lockup (1 year term by 6/30)
Appointment Town Celebrations Committee (1 year term by 6/30)
July
Appointment Election Workers by (1 year term by 8/15)
Licensing Initiate renewal of Theatre License in permitting system
Select Board Goal Setting & Goal Review
Aullust
September
Appointment Annual Committee Appointments/Reappointments
Budget First Financial Summit
October
Licensing Send Liquor license renewal letters
Licensing Initiate renewal of Licenses with December exp in permitting system
Hearing Water/Sewer Rate Presentation/Hearing (coordinate with Comptroller)
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Budget Continued Financial Summit
November
Appointment Send letters to nominating authorities for upcoming HDC term expirations
Budget Continued Financial Summit
Election Set date for Town Election
Town Meeting Set date for Annual Town Meeting
Town Meeting Set date to approve warrant for Annual Town Meeting
Hearing Tax Rate Presentation/Hearing (coordinate with Comptroller)
Rates Approve Water/Sewer and Tax Rates
Warrant Send Check to Postmaster for Postal Permit (for ATM Warrant)
Budget Begin Department Budget Presentations
December
Appointments Historic Districts Commission Appointments
Licensing Select Board Approval of Licenses with a 12/31 expiration, including
Liquor License Renewals
Warrant Send ATM rezoning proposals to Planning Board
Budget Department Budget Presentations
Flexible
Select Board Town Manager Evaluation& Goals (on contract anniversary)
Appointment Town Manager Contract Renewal (not to exceed 3 years)
Appointments Town Manager Appointments
Appointments Recruitment for Committee Vacancies
Select Board Executive Clerk Evaluation
Select Board Policy Review and Update
Select Board Approve and Release Executive Session Minutes
Select Board Review Advisory Committee charges as necessary
Vote of Intent Acceptance of Streets if needed(notify Planning Board)
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IV. STANDING COMMITTEES
Standing committees are established by statute or by-law and must be maintained. They are:
Affordable Housing Trust, Appropriation Committee, Board of Appeals, Board of Assessors,
Board of Health, Capital Expenditures Committee, Commission on Disability, Community
Preservation Committee, Conservation Commission, Council on Aging, Fence Viewers, Historic
Districts Commission, Historical Commission, Lexington Housing Assistance Board(LexHAB),
Permanent Building Committee, Recreation Committee, Registrars of Voters, Retirement Board,
Tourism Committee, Town Celebrations Committee, Tree Committee, Trustees of Public Trusts,
and Youth Commission.
As outlined in the Selectmen-Town Manager Act, or by statute or bylaw, the standing committees
appointed by the Select Board are: Affordable Housing Trust, Board of Appeals, Community
Preservation Committee, Fence Viewers, Historic Districts Commission, Lexington Housing
Assistance Board (LexHAB), Registrars of Voters, one member of the Retirement Board, Tourism
Committee, Town Celebrations Committee, Tree Committee, and Trustees of Public Trusts.
The Board of Health, Commission on Disability, Conservation Commission, Council on Aging,
Historical Commission, Recreation Committee and Youth Commission are appointed by the Town
Manager with approval of the Select Board.
The Manager appoints members to the Board of Assessors and Permanent Building Committee.
It is the policy of the Select Board to appoint qualified citizens to the standing committees it
appoints. The Board will normally appoint individuals to no more than one standing committee at
any one time.
The Select Board shall not exercise any control over the discretionary power vested by statute in
any such board, committee, commission or officer.
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V. ADVISORY COMMITTEES OF THE SELECT BOARD
The Board may appoint advisory committees to aid on matters under the Board's jurisdiction,
particularly in technical areas. The use of such advisory committees provides greater expertise and
more widespread citizen participation in the operation of government.
Charges to advisory committees shall be in writing and shall include the work to be undertaken,
the time in which it is to be accomplished and the procedures for reporting to the Select Board.
Each committee must report in writing at least annually to the Select Board. The Town Clerk must
receive copies of all Committee charges, appointments and minutes. The Board will discharge
committees upon the completion of their work.
The charges and membership of standing advisory committees shall be reviewed periodically with
the Select Board liaison to assess the necessity and desirability of continuing the committee.
Reappointments will be based on the desirability of widespread citizen involvement and the
changing needs of the committee and the Town.
In order to attract qualified and interested persons, vacancies will be made public as far in advance
of an appointment as practicable. An application form will be available in the Select Board Office,
the Town Manager's office, and on the Town website and newsletter so that any citizen interested
in participating in activities of this nature or in otherwise making a contribution to the town
government may record their background, areas of interest and availability.
It is the policy of the Select Board to appoint qualified citizens to the advisory committees.
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VI. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS
A. Select Board Appointments
1. Expiration Dates
For appointments to standing committees is September 30, or until a successor is appointed and
qualified, with the exception of the following:
• Historic Districts Commission, expiration date December 31, in accordance with Ch.
447, Acts of 1956.
• Lexington Housing Assistance Board (LexHAB), expiration date May 31, in
accordance with Chapter 521 of Acts of 1983.
• Registrars of Voters, expiration date March 31, in accordance with G.L. Ch. 51, s. 15.
• Town Celebrations Committee, expiration date June 30 (Town By-Law, Article XV)
• Election Officers between July 15 and August 15, in accordance with G.L. Ch. 54, s.
12.
2. Criteria
The Select Board will be generally guided in its appointments by the Criteria for Committee
Membership Policy. Whenever possible, the Board will seek variety in socioeconomic and cultural
backgrounds, interests, ages, race and gender, length of residence and geographic areas of
residents, so that a true cross section of the community will be reflected. In order to attract
qualified and interested persons, vacancies will be made public as far in advance of appointment as
practicable.
3. Process
The Select Board will publish a list of the projected committee and board openings for the coming
year, and the process for applying for Board or Committee Membership. A file of applications will
be maintained throughout the year by the Select Board Office and Town Manager's Office, and
made available to all town officials and employees who need to appoint citizen committees or
make use of citizen talents and expertise.
The Select Board's Executive Clerk will:
• Present a list of the appointment vacancies to be filled by the Board.
• Notify the Chair of the appropriate board or committee requesting recommendations
regarding reappointment or the filling of vacancies.
• Ensure candidates ethics training is up to date.
Select Board Members may meet with potential new appointees before making a final decision on
the appointment. Appointments will normally be made only when all members of the Board are
present. Nominees do not require a second. Appointments will be made by a majority vote of the
Board.
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Annual appointments should be completed by September 30 or the statutory expiration date.
After the Board has been formally notified by the Town Clerk that a vacancy exists, the Select
Board will promptly recruit for candidates that meet the criteria above to fill an unexpired term.
B. Town Manager's Appointments with Select Board Approval
Under the Selectmen/Town Manager Act and other applicable laws, the Board must approve the
Town Manager's appointments to: Board of Health, Commission on Disability, Conservation
Commission, Council on Aging, Historical Commission, Recreation Committee, and Youth
Commission.
I. Qualifications
Applications for Town Manager appointments shall be submitted to the Town Manager's Office.
2. Process
Individual members of the Board should feel free to suggest names of qualified residents to the
Town Manager for the Boards and Committees appointed by him.
As a matter of procedure, appointments by the Town Manager shall be made in the following
manner:
a. The Town Manager shall notify members of the Board well in advance of the
vacancy becoming effective, or term of appointment expiration.
b. The Town Manager will publicize annual appointments and the filling of vacancies
in the same manner to be followed by the Board in its appointment procedures.
(see Section A.3 above)
C. The Town Manager will submit nominees to the Board no later than one week
prior to the regular Board meeting at which the Manager will seek Board approval.
Subsequent to step c, the Board will have on the agenda at a following Board meeting the matter of
the appointment to be approved by the Board. In general, appointments will be acted upon only
when all members of the Board are present. Approval will be by majority of the Board.
Annual appointments shall take place no later than the expiration of a term.
Appointments to fill an unexpired term should take place no later than six weeks after the Town
Manager has been formally notified by the Town Clerk that a vacancy exists.
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VII. RESIGNATIONS
Under statute, all resignations of Town Officers, Board and Committee members must be in
writing and filed in the Town Clerk's office. In addition, the written resignation shall also be
sent to the appointing authority.
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VIII. RELATIONS WITH OTHER TOWN BOARDS, COMMITTEES AND
COMMISSIONS
The Select Board is aware that coordination and cooperation is needed among the Town's major
boards, committees and commissions, not only in the day-to-day operations of government,but
also to: 1.) set town-wide goals and priorities; 2.) identify and anticipate major problems and plan
for their resolution; 3.) develop a process for dealing with state government.
Therefore, as the executive board historically responsible for the over-all leadership and
coordination of town affairs, the Select Board will:
Cultivate an atmosphere of mutual respect for each others' responsibilities and authority.
Meet with the chairs of boards and committees to carry out functions 1-3 listed above.
Schedule meetings of the Select Board, finance committees and school committee with Lexington's
State Legislators to discuss legislative issues which affect Lexington.
The Chair of the Select Board, in consultation with all members, shall appoint members of the
Select Board to act in the liaison role defined above.
The Board member assigned to a liaison function shall keep the Select Board advised of significant
developments and activities.
A. Appearance at Regular Board Meetings
Boards, committees and commissions of the Town may request an appointment with the Board by
making the request in writing to the Executive Clerk of the Select Board, stating precisely the
reason for the appointment and the action desired. Boards, committees and commissions are
requested to forward a copy of all pertinent material related to the subject matter to be discussed to
the office of the Select Board, by Wednesday 12:00 Noon prior to the scheduled appointment. The
Executive Clerk of the Board will notify those requesting an appointment of the time at which their
appearance will be scheduled.
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IX. RELATIONS
A. Relations with the Public
The Board recognizes that it both represents and is accountable to all the residents of the Town. It
is the Board's policy to make every effort to strengthen communications with the public. Measures
will be instituted to increase resident participation, encourage public input into governmental
decisions, and keep the public informed of all actions contemplated or taken by the Board, the
Town Meeting, and the Town Manager which will affect them. To this end, the following steps
will be taken:
• Regular Board meetings shall contain an agenda item that allows the public to bring
issues to the attention of the Board.
• An individual or group may request an appointment before the Board by making a
request in writing to the Executive Clerk of the Board stating precisely the reason for
the appearance and the action desired and naming a spokesperson for the group.
Participants shall be given the opportunity to make a reasonable presentation through
the spokesperson to express opinions and ask for pertinent information. Background
data shall be prepared by the boards and departments concerned prior to the
appointment insofar as possible so that all parties involved can have a reasonable
understanding of the subject matter.
• Persons who will be affected by proposed Board discussion and/or action will be
notified by the Executive Clerk of the date and time of the meeting at which the matter
will be discussed or acted upon by the Board.
• If the Board is considering matters of public concern at a regular meeting, the public
will be allowed to ask questions or make statements relative to the matter under
consideration at the discretion of the Chair or upon request of any member of the
Board.
• All questions and complaints are to be answered promptly. Questions and concerns
relating solely to the Select Board Office shall be answered promptly by the Chair or at
the direction of the Chair, the Executive Clerk. Those needing attention from the
Board should be referred to the Chair for inclusion in the next meeting agenda
• All other questions and complaints will be referred to the Manager's office for action
or recommendations.
B. Relations with Town Manager
The Selectmen-Town Manager Act governs the relationship between the Select Board and Town
Manager. Board members should be familiar with and abide by the terms of the Act.
The primary role of the Select Board is to set policy. The Town Manager is responsible for
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implementing that policy. The Select Board will leave to the Town Manager all the powers and
duties as outlined in the Selectmen-Town Manager Act.
The Town Manager will provide to the Select Board all information, facts and reports necessary to
establish or modify policies. At any time, the manager may request guidance on matters of
operation from the Board.
As a matter of courtesy, individual Board members should speak with the Town Manager in
private about any concerns or questions the members intend to raise publicly, and the Town
Manager should schedule a time to discuss Board member concerns or questions within a
reasonable time of a Board member request.
C. Relations with Staff
The Selectmen-Town Manager Act vests in the Town Manager direction, supervision, and
evaluation of members of staff. Board members must respect this allocation and work through the
Town Manager when information requests result in follow-up action by staff. Board members
may ask staff questions through the Manager or directly when authorized by the Manager. If the
Board seek reports or other work product, they should discuss it with the Manager before
contacting staff.
If Board members wish to take issue with a staff member's conduct or work product, they will do
so privately with the Town Manager, not directly with the staff.
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X. EMPLOYEE GRIEVANCES
These are to be handled as delineated in the Town's Personnel Policies and Procedures. Under the
Selectmen-Town Manager Act, the personnel practices are formulated by the Town Manager with
the approval of the Board. If employee grievances are brought to the attention of a Board member,
it shall be Board policy to proceed as follows:
• Board Members will not intercede or interfere with the process. The employee will be
shown the administrative process to be followed.
• A meeting with the Board may be requested by any employee through the Board's
Executive Clerk; the Board may defer such meeting until the administrative process
has been exhausted.
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XI. HEARINGS BEFORE THE BOARD
Hearings before the Select Board generally shall be conducted in accordance with the following
procedures. Variations may be necessary to comply with statutory requirements applicable to
particular matters. The procedures for conducting hearings are hereinafter outlined:
A. Agenda
Upon receipt of a request for a hearing, the hearing will be normally included in the agenda for a
regular meeting.
B. Notice
The Executive Clerk will advertise the hearing and notify interested persons, such as abutters, as
required by statute or as directed by the Chair in the absence of statutory requirements.
Abutters shall be broadly defined to include a reasonable circle of neighbors who may be affected
by actions of the Board.
C. Procedures
Hearings will be held in open session unless otherwise voted by the Board in compliance with the
Open Meeting Law.
The Chair will announce the nature and purpose of the hearing, identify the particular matter, and
recite the notice given. Where appropriate, the Chair will outline the procedure to be followed.
The order of presentation will be:
• Statements by proponents
• Receipt of recommendations from any Town agency, officer, or elected official.
• Statements by opponents
• Rebuttal statements by proponents and opponents
• Public comment
Where appropriate, questions may be asked of any person making a statement after the statement is
finished. Questions will be accepted from members of the Board.
The Board may permit persons to provide written comment.
At the conclusion of the hearing, the Board may render its decision or take the matter under
advisement, announcing the intended date of the decision.
D. Utility Hearings
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When a petition is filed by a utility company seeking permission to erect or construct a line or
take any other action for which a public hearing is required by statute, the Department of
Public Works, acting through its Engineering Division, will mail a notice on behalf of the
Select Board notifying all owners of real estate abutting that part of the way upon, along,
across or under which the line is to be constructed of the time and place of the hearing. It is
the policy of the Board to expand notification to a reasonable area beyond immediate abutters.
The notice shall be mailed at least seven days before the date of the hearing. The Chair of the
Select Board may determine that notice should be sent to an expanded group of citizens if it is
determined that there are broader neighborhood considerations involved.
• The Chair will open the hearing at the announced time.
• Recognize representative of the utility company.
• Read recommendations from Director, DPW/Engineering.
• Take questions from the Select Board.
• Take questions from the public.
• Ask if anyone else is present in favor or in opposition:
• If opposition, take additional, if any, questions from the public.
• If opposition, take additional questions from the Select Board.
• Close hearing.
• Render decision or set date for a decision.
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XII. LICENSES AND PERMITS
A. Scheduling
The Select Board's Executive Clerk will schedule licenses and permits. The Select Board issues
the following licenses and permits: Alcoholic Beverages, Auctioneer, Automatic Amusement
Devices (Video Games), Use of Battle Green, Beano, Common Victualler, Common Carrier,
Entertainment, Fortune Telling, Garage/Yard Sale, Gasoline Storage, Innkeeper/Lodging House,
Limousine, Parade, Sale of Second-Hand Motor Vehicles (Class I, II and III), Taxi/Hackney and
Theatre.
B. Applications
Applications for licenses and permits will be available in the Select Board Office.
C. Processing
Upon payment of the appropriate fees, the Select Board Office will be responsible for processing
all applications.
D. Attendance
In the interest of all concerned, it is recommended that persons requesting licenses or permits be in
attendance at the Board meeting when the request is reviewed. The Board's Executive Clerk will
notify all interested parties of the date and time of such review.
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XIII. SPECIAL MUNICIPAL EMPLOYEES
Special municipal employee status under the Conflict of Interest Law, G.L. Ch. 268A, may be
assigned to part-time or unpaid town officials by a vote of the Select Board. The Board vote
applies to the position held by an individual or individuals and not to a specific individual. A
position designated by the Board as having "special" status remains such unless the designation is
rescinded by a majority vote of the Board. Certain sections of the Conflict of Interest Law apply
less restrictively to those holding positions designated as "special" for Conflict of Interest
purposes. See Appendix C for a definition of a Special Municipal Employee and a list of the
positions currently listed as "Special Municipal Employees".
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XIV. WARRANTS
The Select Board has the statutory responsibility for calling town meetings and preparing,
publishing, and distributing the warrant for them. The Board governs what appears in the warrant,
as well as the order of the articles.
They insert articles on their own motion and, by tradition, all those submitted by official boards,
committees and commissions. Under Massachusetts's law they must insert articles upon the
written request of a specified minimum number of registered voters of the town filed by the
warrant closing date (ten registered voters for an Annual Town Meeting and 100 registered voters
for a Special Town Meeting).
A. Annual
Late November, early December the Board votes to call the Annual Town Meeting, stipulating the
time and place of the meeting and the day the warrant will be closed for the submission of articles.
During January, the Chair of the Select Board, or their designee and the Town Counsel, Town
Moderator, Town Manager and the Board's Executive Clerk meet to establish the preliminary
order of the articles, taping into account subject matter and efficient utilization of staff. The
wording of articles is also reviewed.
Town Counsel reviews the final wording of articles submitted by the Select Board and official
boards, committees and commissions in consultation with the Moderator.
By law, citizen articles must be worded exactly as submitted. Citizens are encouraged to have the
Moderator and Town Counsel review the language prior to obtaining signatures. Town Counsel
may be contacted through the Board's Office.
B. Special
The Select Board may call a Special Town Meeting at anytime, but must call one on petition of
200 registered voters of the town. Such a meeting must be held not later than 45 days after the
receipt of such a written request. The warrant must include all subjects requested by said petition.
When the Board votes to call the Special Town Meeting they stipulate the time and place of the
meeting and the warrant closing date.
The process for drafting the warrant follows that outlined above in Section A, Annual Town
Meeting.
C. State and Federal Elections
Wording for state and federal elections generally comes from the state. The Town Clerk's office
shall provide the Select Board with a draft warrant. The Select Board Office shall prepare the
warrant for Board signature and mail the warrant.
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Procedures adopted on October 11, 1978.
Selectmen's Expense Section of Procedures Adopted November 13, 1978. Procedures revised
October 2005. Approved by Selectmen on October 24, 2005.
August_, 2023 revisions approved by Select Board
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POLICIES VOTED BY THE SELECT BOARD
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REGULATIONS VOTED BY THE SELECT BOARD
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APPENDIX A- CONFLICT OF INTEREST
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APPENDIX B - POLICY FORM
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APPENDIX C - SPECIAL MUNICIPAL EMPLOYEES
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion on Select Board Goal Setting Process
PRESENTER: ITEM
NUMBER:
Board Discussion
I.9
SUMMARY:
Category: Brainstorming
The Select Board will discuss the process for engaging staff, committees and the Select Board itself on
developing actionable goals for the next two years as well as finalizing the schedule for the goal setting
process.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/7/2023 8:OOpm