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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/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382'?pwd=SFFvYWo3MmVkODF 1 aG 5ETmNsRDVoZz09 iPhone one-tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 9313860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 924 8276 4382 P as scode: 380743 An Act Relative to Extending Certain State of Emergency Accomodations:https://www.mass.gov/the-open-meeting-law 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 WaaaaUy Upd atc 7 28-23 Backup Maate iai WeeMy Upd ate 8 n-27 Backup Material Cw "A X �r AWE&M • qn90'2 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. W t} 4 nvnui9 1775-2025 ers W)N rlAi"v.+LtiSr-i 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 y O O y 1,4 Wr, U 0 N O Z Z-1 �rC LZQ U U U 'C a LZ O r.+ U "� U bA CZ cr y a> F—I 4-a 0 4~ w o Z czci u a� rn x A � 00 01 O d1 00 M V) 0\ N N N 01 O Nk1r) — 00 M -- N N N 't O -- O N M �O O� -� r-� lzl O --� Nkn 00 \p M ,� GA C bAO � •°� '.. n O yam, � a� ccz cC 4a U U a, N U 4� 0 a" fil 44 N U N bA a Ho 0 kn a 00 -- -- M N N M i.i 0.4 � O V to ... O 3 � � a 0 o 7� s, � N CIO con CZ Ct � U UW 1 � � ri� � WC7WC� WPC a o � 0 ao ti) W M cu • M cn O ca c cz ucz y 0 4-0 cu oCZ CA CZ Cd � b4 cn oo �Q p fl" b9 0� c0 .:1Ij O N CC O p bA •� � 6g N O �"" p � •� N 69 c 0 r� w N O 7t O M M oo O\ N O\ o0 `D O � N N N d1 �G —� N It oc M -- N I:t M N N M �D N 01 4 d, -- O CIA M •--� N kn CIA �--� N M M 44 o ct O ° O �z U i•r �: U un P CA C/1 C'n ? o3 -C p N -0 N Con 0- UCi �1 UQP- U �1 ch HO O 5b PU z" U v O � a O � O •-� l� M O l� 00 \D M N N M 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 t/ddau'..,},rrri p iuducv., K<l Dar, h!va^al;p,ouujodu s,a,uutlltiw,,. lhuo�u� Da-v Me.... morial Day iiom iu fi uoil a u�w. ... 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? pa 1775 i LL r_ D 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 � °uu Irll°'� 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 � °uu Cw "A X �r AWE&M • qn90,2 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. 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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 �� 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. vvvivvvvvvvvi vvv vvvrvvvvvvvvvvvvvvvvi v6vvvviii L f #rneri1hBt+ ;, + l t .:ht webIa Abh EFp�lra �crctts / S�kJu �s1r� Jbc�u�bf lit r ds yii ,L7 j �` � ' ,�5. i�i, G}�'7j 11 1,i� � l ��SA ?P IT . «„ lF ,Jk:� a vrvvvvvvvvvvvvvvi! , , i ; �� ,vvvi vvvvvvv , ,,,, ., K;; , it i.,,ii • n BF/U r e tlf 7iG( aea tl 'tsr t(tlr vvvvi , i wvvvvi 41 * ltr�� irwf. ivv�� - vvv r ii///// ,��..v +t vvivvv viiii////// ndtrig �t� ;��r` � a�u vvv vvvvvvvvvvvviiiiiivvvvvvvvvvvvvvii66v//////////ivvvvvvv l PI i�,1f �.�r�e / ///////�� ,�ivvrrvvi� „ vv�rrvvvvvi ii//////////// Idr� �idtle Fndtr�gpps� rt frJ. [ art, af�� , �"rttl Hrr�hw��r pcf0 ,1"a�r�/fur��riT U. rT � afar; ht� uu +w.trn rttiar �" u/d � ai o for 0 0 0 0 0 0 0 >*,4u Q) '70 co P- ILLJ 4-j • - I� U P— E cr- C� VLij ILIJ U M OW u 0 0 0 • 0 0 0 ® 0 0 0 0 0 0 e 0 0 0 1 0 CO u ai 0 O%/%%///////O p 0 0 G 0 0 0 • 0 0 0 4-j on < 0 0 E 0 ) 0 0 E Cn 4-J E 'E u V) 0 ® ® 0 0 -a L- - L- 0 r-j 4-J 0 0 ® 0 0 ® 0 0 11 111 111 11 ll' / 0 0 G z qll j ^'' I tl K 7 O I§°q��9 a s 41, ll CN �CD Ils AllI Rt mI� � �p 4aRs k a 53, n ��r V) owm% . ® ` cz -W ca u E -0 0 0) M rL E 4— co X-0 < ui _ 0 u o u u I - I- fir 0 N n eq 0 11 fir 0 0 0 0 0 co LU LU 0 • 0 ai 4-J e ®Ln L- ra se bio 0 Ca E 0 0 0 I E ra0 0 1 f ai 06 :3 > -Z a) o Zj ro 4- _0 _0 ® I 0 ai 0 0 • 0 0 0 0 0 0 0 0 to u 0 tiai j ai Ste\ � V A 0 ai � .o V) c� ai 0 � C3 aj ai ® I73 j a +.j "� ±j 0 4-j u u 13J -a u , L- 73 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 BOARD ATTEST TOWN CLERK iI�NP aiV�1twgW1! �n�A1Dlh m ,,. �ououum of i f0�Illu � U� 6 l+lOfi�4h rr 8911�I�N��VIf@ is � 4 r r �N r � / y r •w�6'� 1%i O uiw ,e r IIIN IIIN IIIN LL r Y IN 0 f pi O a O O p z U wo Qo Z i (D o w 0) w Z N Z Z a' Ur LLI Q LLI o U` rrJ/ O rr1 M Y 0 00i Q a W W w a D Y z � z � OQ O LUZ QU) a �__ � LU (n s� Z a -j � QwOzC9 ; Fv Pry 0 (9 U) Z O� LU U) LU < Z LUY a H H d H H U Of _ _ 0 � Q X � OO OOwa LU a a w ZW aZ0Zw ! » r i � u f u r /)/ q LL r oIIW IIIII IIII I� y� 0 u Y4 III U) O / % f Z U n r: Y OLL Y T LU z / Oz Cl U` W l� „ Z Z CO a Z — _ O U) O Q Q' w 0- a Yr f > r � r 1 N Y V� r ti � I r �u o0 A k� � ISI q OR�' �,W r / ' n i m I� LL b „ o I f• �� al, i r it AA pDr 0 f U �/ IIIII / (D Z Z Z O Y r Y < Q ' Q ¢ a r p U Z LU Z cl / W 1 11 Z Z z O LU H 0 U O %/fy LU X Q �w 0- a ff j�i r j 7� W O W 14 ✓ P /f r S LL ja i o U n i Q co Z Z s Q 0 Z O Z 0 Z O W Y d D S O e i➢�"� � / U III ° "VVV / I mimuumi �r/iy/i OG/�O//i!! v✓ey✓nrtn�' � >v ��V IO1NVVI l//1/r ��✓arm6�r�ihiws!Wrrrm+l"�7/, "�I 0�� nriurfirNrelrr✓rr✓lC��j� ,urrry,�"ryrtf6� 1mm��IN�wO� � ¢�Vi �i 00 O' :N a] � u uu,'I� VVVVVVVVVVVVVVVVVVVII �q� Atl S / i I I III jl � N / Y I " � IIII �� I IIIII %�/, �✓"�� �',��, W";e W I'�I I I�` i��ry`I V� � pk p'Y�" IIIII 77 ff U o lr Z U z z z O Y U U P a �r%�f j r NI ✓ w d �r f J w 0- a 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 Page 4 of 39 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 Page 5 of 39 (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. Page 6 of 39 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. Page 7 of 39 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 Page 8 of 39 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 Page 9 of 39 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 Page 10 of 39 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. Page 11 of 39 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: Page 12 of 39 • 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. Page 13 of 39 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: Page 14 of 39 • 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 Page 15 of 39 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 Page 16 of 39 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 Page 17 of 39 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) Page 18 of 39 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) Page 19 of 39 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. Page 20 of 39 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. Page 21 of 39 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. Page 22 of 39 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. Page 23 of 39 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. Page 24 of 39 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. Page 25 of 39 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 Page 26 of 39 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. Page 27 of 39 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. Page 28 of 39 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 Page 29 of 39 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. Page 30 of 39 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. Page 31 of 39 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". Page 32 of 39 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. Page 33 of 39 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 Page 34 of 39 POLICIES VOTED BY THE SELECT BOARD Page 35 of 39 REGULATIONS VOTED BY THE SELECT BOARD Page 36 of 39 APPENDIX A- CONFLICT OF INTEREST Page 37 of 39 APPENDIX B - POLICY FORM Page 38 of 39 APPENDIX C - SPECIAL MUNICIPAL EMPLOYEES Page 39 of 39 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