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2023-08-21 SB Packet - Released
SELECT BOARD MEETING Monday, August 21, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420- Hybrid Participation* 6:00 PM AGENDA EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Update- Cary Memorial Library Staff 6:00pm Association(Local4928, MLSA,AFT-Mass, AFL-CIO) 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 cointnent 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. Application: One-Day Liquor License- Lexington Community Farm, 52 Lowell Street . Flower Arranging Workshop 2. Application: One-Day Liquor License- The Anthem Group, 1875 Massachusetts Avenue e Lexington Paint Night 3. Application: Entertainment License- The Anthem Group, 1875 Massachusetts Avenue • Lexington Paint Night 4. Approve and Sign Proclamation- Suicide Prevention Month 5. Approve Select Board Meeting Minutes • July 24, 2023 Select Board . August 7, 2023 Select Board 6. Approve and Sign Water and Sewer Adjustments 7. Approve Pine Meadows Golf Club Contract Renewal-New England Golf Corporation 8. Approve Transportation Safety Group (TSG) Requests • Add a Stop Sign on Harrington Road at Massachusetts Avenue • Remove/Replace Stop Signs at Harrington Road and Hancock Street at Bedford Street with Yield Signs ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Police Station Canopy Project 6:25pm 2. Update on Cary Memorial Library Project- The Children's Room Renovation 6:35pm 3. Discussion on Creating a Working Group to Review the Tree Bylaw and 6:50pm Enforcement 4. Communications Advisory Committee Update on the Comcast of Massachusetts 7:10pm III, Inc. ("Comcast") Cable Television License Renewal Process 5. Discussion on Officially Naming a Portion of Old Spring Street 7:20pm 6. Review and Approve Transportation Safety Group (TSG) Request 7:35pm • Restrict Entry into Kendall Road from Marrett Road 7. Discussion on Special Town Meeting 7:45pm 8. Review Applications and Approve Select Board Conunittee Appointments 7:55pm • (4) Semiquincentennial Commission(Lex250) - Community Member Representatives • List of Candidates for Consideration: • Thomas Colatosti • Paton D. Davidson . Melanie Lin . Deborah Sabin • Serena Ljumani . Kathryn Krzyzanowski • Cleveland M. Coats, Jr. . Bridger McGaw . E. Ashley Rooney ADJOURN 1. Anticipated Adjournment 8:05pm Meeting Packet:https://Lexington.novusagenda.com/agendapublic/ *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 laG5ETmNSRDVOZZ09 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 sc ode: 380743 An Act Relative to Extending Certain State of Emergency Accomodations:httpsJ/www.mass.gov/the-open-meeting-law The next regularly scheduled meeting of the Select Board will be held on Wednesday, September 6, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request �� j All agenda time and the older o /lyla re f items a approximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: 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 21, 2023 meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager T M.1 SUMMARY: Attached please find the weekly updates for the following weeks: • August 11, 2023 • August 18, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type �b.0.d'1 tli fiXV Cw "A X h;d J4P'IV'N4M� T1 7P 9�210 2 5 Town of Lexington Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: August 11, 2023 RE: Weekly Update The following is an update of activities for the week ending August 11, 2023: Town Manager Updates: • The Town submitted the Fossil Fuel Free Building Demonstration Program Application (attached) on August 8 to the Department of Energy Resources, seeking to be one of the demonstration communities in this program. This application is consistent with Town Meeting votes from the Annual Town Meeting in 2021 and Fall Town Meeting in 2022. • Here are a couple of photos from a tour of the Police Station from this week: d , /// Administrative Office Area Rooftop where solar panels will be placed • Attached please find three documents (which will be attached separately to better differentiate the different documents) that are related to the Noise Bylaw Working Group. The first document is a redline (Redline Draft#7) that contains the changes since the last presentation to the Select Board in July. The second document is a clean version(Clean Draft#7) for all changes proposed through 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 8/10. The third document is all of the changes from the current bylaw through Draft#7, which is somewhat harder to read, but includes all of the changes the Working Group has been making since May. I've placed this on the 9/6 agenda for a final discussion before we begin a public process. The goal was originally to have this on the Fall Town Meeting so that any changes would be in effect next Spring, but at this point, I'm not sure that will be possible. • Attached please find the agenda tracker for upcoming Select Board meetings. Land Use, Housing and Development: Planning • The Planning Board adopted amendments to their Zoning Regulations on August 9 to reflect recent zoning amendments adopted at Annual Town Meeting. The Planning Board has continued their public hearing for their zoning regulations to further review updates to the Transportation Overlay District section and would like to ask the Select Board to consider amendments to the Select Board's Stormwater Management Regulations. Staff and the Planning Board will be in touch to get before the Select Board. Health: • The Health Department is preparing for the upcoming Fall flu season. Clinic plans are underway and schedules will be released soon. We are also awaiting information on the availability of COVID vaccine. The State will not be providing COVID vaccine free to communities (with the exception of children under 19) and we will need to purchase it The Health Department is preparing for the upcoming Fall flu season. Clinic plans are underway and schedules will be released soon. We are also awaiting information on the availability of COVID vaccine. The State will not be providing COVID vaccine free to communities (with the exception of children under 19) and we will need to purchase it commercially. The last announcement indicated that it might be available on the market in mid to late September. More to come. • We have almost distributed all the free COVID test kits the State provided. That program has also come to an end. The expiration date for the iHome test kits available now have been extended to November 19t". For any test kit you may have at home, always be sure to check to see if the expiration date has been extended before you discard it. Agenda Tracker, ITEM NAME ATEPROPOSED MINUTES Description D EXECUTIVE SESSION - Exemption 3: oecive 21-Aug-23 15 This executive session is to discuss negotiations with Bargaining Update ® Library the Library Union Union Negotiations Approve One-Day Liquor Lexington Community Farm's Flower Arranging License® Lexington 21-Aug-23 0 Workshop 9/7 at LexFarm (alcohol to be served at Community Farm Education Tent to paying participants only) (Police-OK; Fire- OK; DPW; TMO- OK) The Anthem Group's Lexington Paint Night Beer Approve One-Day Liquor 21-Aug-23 0 Garden 8/24 on the Visitors Center Lawn (Police -OK; License®The Anthem Group Fire- OK; DPW; TO- OK)-- location updated on 8/4 Approve Entertainment The Anthem Group's Lexington Paint Night live 21-Aug-23 0 performances/band 8/24 on the Visitors Center Lawn -- License-The Anthem Group location updated on 8/4 Approve and Sign Proclamation ®Suicide 21-Aug-23 0 Annual proclamation: Suicide Prevention Month Prevention Month (September) Select Board Meeting es 21-Aug-23 0 July 24, 2023 minutes Minut Approve and Sign Water and 21-Aug-23 0 Email request from Robin on 8/4 Sewer Adjustments Housing Partnership Board- Council on Aging Member- COA will be meeting on 813 and will discuss this Approve Select Board membership/make a recommendation for appointment,- Committee Appointments 21-Aug-23 0 new members of Semiquincentennial Commission following recruitment (x4 community members) Update on Police Station 21-Aug-23 10 The HDC meets on 8/10, this will be an update on the Canopy Project status of the project. This is to update the Select Board on the planning Update on the Cary Memorial process for the children's room. We are reaching the 21-Aug-23 15 point in the Integrated Design and that we are at the end Library Project of design and the Select Board, under the policy is to review and approve. The Tree Committee has requested the Town Manager Discussion on Creating a establish a Working Group to review the Tree Bylaw Working Group to Review the 21-Aug-23 20 Enforcement. The Select Board appoints the Tree Tree Bylaw and Enforcement Committee and should discuss prior to the establishment of any Working Group. PLACEHOLDER The Comcast renewal is in process and the CAC is Communications Advisory going through the public comment period which has Committee (CAC) 21-Aug-23 15 included a public presentation during a Select Board Presentation - Comcast meeting in the past. This item is that scheduled public License Renewal Process 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 as Spring Street, Discussion on officially which causes confusion for deliveries and also public naming a portion of Old 21-Aug-23 20 safety personnel. A request has been made to officially Spring Street change the street name to Old Spring Street. 5 property owners are in agreement, 2 do not agree. 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 Street at Bedford Various Requests 21-Aug-23 15 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. Discussion on Fall Town 21-Au 23 10 This is a Board discussion on proposed timeline and Meetingg format for Special Town Meeting 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 E. Lexington aiyln l This is a final review before the signage is fabricated Signage and Landscape 6®Sep-23 15 and update on the landscaping design. Design Update PLACEHOLDER. Minute Men Consider Minute Men request for 4:30am reenactment Proposal for 4:30am 6-Sep-23 20 of civilian evacuation on Patriots' Day Evacuation Reenactment Discuss Town Manager's To discuss the evaluation process and timing for the Performance Evaluation 6®Sep-23 15 Town Manager's performance evaluation. Process The Lexington Affordable Housing Trust (AHT)voted today to recommend that the Select Board approve a PLA,CEE OL E e Consider stipend for any low or moderate income Lexington stipend or Affordable 6-Sep-23 20 resident trustee currently serving on the AHT to receive Housing r s trustee a$3000 annual stipend to be paid on a monthly pro rata basis out of AHT non-CPA funds. PLACE_ L E Appointment forte Review proposed interview questions and process for re- Lexington a rese tative to 6®Sep-23 20 opening application process the Min taSchool Committee This is an update to review the changes made through Amendment Proposal Update on Noise Bylaw 6®Sep-23 15 8/10/23 and forwarded to the Select Board on 8/11/23 This will be a discussion on the bylaw updates related to Discussion on Noise Bylaw- Construction Noise and also a discussion on the Landscaperand 11®Sep-23 60 deadline (March 15, 2025)for commercial landscapers Construction olse and concerns related to timing and equipment availability. Update on Goal SettingThis will be a general update on the status of the goal Process 11®Sep®23 15 setting process, Review elect Board Report11®Sep-23 10 for FY23Annual TownReport elect Board Committee 18®Se -23 0 BC Associates x3 Appointments p Select Board Committee 18®Sep-23 0 September reappointments (due to expire on 9/30) Reappointments 1/18/22 Request submitted- Engineering requested more detail,waiting for new plan submission,Applicant is supposed to go front of Conservation Commission with a notice of intent as the proposed work takes place within protected Placeolder Grant of resource areas,. Per KIVI,We received the updated plan Location ®Verizon -Stedman18®Sep-23 10 and narrative from Verizon representative,and thus,the Road conservation hearing will take place on 8/7a With this being said,the earliest Con Corn decision will be issued would be 8/28 if the hearing closes on 8/7.(Waiting to hear back from Karen M, if hearing did take place) The Planning Board has been updating their Regulations related to site plan review after the recent zoning amendments for new village and multi-family overlay districts. The Planning Board would like to Public Hearing to Review review stormwater while considering redevelopment Amendments to the on smaller properties.The average lot size in 18®Sep®23 20 projects p p g Stormwater Management the village and multi-family overlay districts are under Regulations and acre and the Planning Board would like to require stormwater improvements on redevelopment projects to treat and capture stormwater runoff.The proposal is to consolidated the stormwater review into the Planning Board's Site Plan Review approval. PLACEUpdate, and possible vote, on schedule for Patriots' Bay 250th Patriots' atrio s°OLDER® date o weekend during the 250th Anniversary of the Battle of Day 18®Sep®23 10 Lexington (moved to September per Suzie on 7/31 -- Celebration meeting i o cor on 9114) As part of the proposal of adding a roundabout at the Harrington/Hancock /Bedford Street Intersection portion of the Battle Green Master Plan required the Tow obtaining a small easement from the Mason's at the 18®Sep-23 10 corner of Hancock and Bedford Street. Town Counsel has worked with the Town Engineer and the Masons and the easement document and plan are ready for review/approval by the Select Board. Call for Special Town Meeting and Review18®Sep-23 Potential Warrant Articles Review and Approve Select Board a for FY23Annual 18®Sep®23 Town Report AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - Lexington Community Farm, 52 Lowell Street PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.1 SUMMARY: Category:Decision-Making Lexington Connnum Ay Farm: The Lexington Community Farm has requested a One-Day Liquor License for the purpose of serving wine in the Education Tent at the Lexington Community Farm, 52 Lowell Street to participants of the Flower Arranging Workshop on Thursday, September 7, 2023 from 5:30pm to 7:30pm. The request has been reviewed by the Police Department, Fire Department, Town Manager's Office and Department of Public Works with no concerns. SUGGESTED MOTION: To approve a One-Day Liquor License for the Lexington Community Farm for the purpose of serving wine in the Education Tent at the Lexington Community Farm, 52 Lowell Street to participants of the Flower Arranging Workshop on Thursday, September 7, 2023 from 5:30pm to 7:30pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type D 207.3 lloweu Ananging Workshop EdLIC,1601-I'Tend Unp&,11focedures 161- Backup Mate6al Sening,Alcoho� 4- 0 + � O N O c� U + Q r-I Ln L 4- (n ) i L a--' 4- (6 LL N kn -0 E L 5� W MU -r— O J Q) -0 - ID 4J C: O 5 O u O v E O E � i O c� U 7 w MO W0 .� 4-1 LL, CU C _ W O 3 E ro L W � C � O § X '— � � 3 � O � Q M &i O I,�, co LL L O -0 O s LA o a� Ase CO J Ln CO �aaa�S Ilanno� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - The Anthem Group, 1875 Massachusetts Avenue PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY: Category:Decision-Making The Anthem Group: The Anthem Group has requested a One-Day Liquor License for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue for the Lexington Paint Night event on Thursday,August 24, 2023 from 5:30pm to 8:30pm. The request has been reviewed by the Police Department, Fire Department, Town Manager's Office, Economic Development Office and Department of Public Works with no concerns. SUGGESTED MOTION: To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue during the Lexington Paint Night event on Thursday,August 24, 2023 from 5:30pm to 8:30pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type D 202.3 Lf,,xxngton Rdx)(Mght fk-%.-,r Gar&n I ocaGon Map Ilack.up Matcria� D 2023 Lcxington Paint Mgjit R-,en Chnien Procedlurcs,k)r Serving,Ak.,,()11()l Baclup Matcrial r^ i �1 rmWiPm(7 f/�J�� ( � iV✓'v��frje if y 1 �rt � � Lexington Paint Night—Procedures for Serving Alcohol. This event will take place on August 24th from 5:30pm—8:30 pm at the Lexington Visitors Center Lawn. The Anthem operated beer garden will be open and solely server beer, wine and nonalcoholic beverages during the hours of 5:30pm—8:30pm.The Visitors Center Lawn will be cordoned off with temporary fencing.At the entrance, Anthem will provide at least two TIP certified staff members. One staff member will primarily be focused on checking IDs and identifying intoxicated behavior.The second Anthem staff member will be responsible for supporting"wristbanding" 21+guests as well as "floating" around the beer garden, collecting trash and keeping an eye on general behavior of the guests. All servers and bartenders will also be TIPS certified and operate one primary cash bar location. All alcoholic drink prices will range from $6.00-$12.00. Nonalcoholic drink prices will range from $2.00- $6.00. Our Anthem team will collaborate with existing local New England breweries with which existing relationships exist (e.g. Lone Pine, Bentwater Brewing, Winter Hill, etc.). Beer will be served in cans and wine will be poured (restaurant 5oz pour) in crystal cut 7oz glasses. Trash/recycling will be provided by the Anthem team as well. Guests will not be permitted to leave the perimeter with their alcoholic beverage. There will be multiple food trucks set up within the event space location for guests to purchase as well. Should you have any questions or concerns, please do not hesitate to reach out to Shelby Elwell at or at AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - The Anthem Group, 1875 Massachusetts Avenue PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.3 SUMMARY: Category:Decision-Making The Anthem Group: The Anthem Group has submitted an application requesting approval for an Entertainment License for the purpose of a live band during the Lexington Paint Night event on Thursday, August 24, 2023. The live musical performance will take place on the Visitors Center Lawn at 1875 Massachusetts Avenue from 5:30pm to 8:30pm. SUGGESTED MOTION: To approve an Entertainment License for the Anthem Group for the purpose of providing a live musical performance for patrons of the Lexington Paint Night event to take place on Thursday,August 24, 2023 from 5:30pm to 8:30pm on the Visitors Center Lawn, 1875 Massachusetts Avenue. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type 2023 L,xing lon Rdrit Night.ppaznd Location Map Backup Material r^ i �1 rmWiPm(7 f/�J�� ( � iV✓'v��frje if y 1 �rt � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamation- Suicide Prevention Month PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.4 SUMMARY- Category:Decision-Making Suicide Prevention Month: The Lexington Human Services Department is requesting that the Select Board approve and sign a proclamation annually recognizing the month of September as Suicide Prevention Month. This is an annual request since 2021. SUGGESTED MOTION: To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention Month in the Town of Lexington. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type 2023 Suicklu Provention Month ftochrudoi� Rackup Material MORN, l.TM Town of lexington, 41a5!5ar U5ettg All I11! SELECT BOARD OFFICE arcry��r�„ PROCLAMATION Whereas: September is known globally as Suicide Prevention Month and throughout the month mentalhealth advocates, prevention organizations, survivors,allies,and community members unite to promote suicide prevention awareness; and Whereas: National Suicide Prevention Week is held the Monday through Sunday surrounding World Suicide Prevention Day which is observed on September 10 and overall, these observances are intended to promote awareness, and highlight resources available in our communities and share stories;and Whereas: the simple goals are to learn how to help those around us and how to talk about suicide without increasing the risk of harm; and Whereas: suicide can affect anyone regardless of age, ability, gender, race, sexual orientation, income level,religion or background; and it is overall the IOlh leading cause of death in the United States and the second leading cause of death for people ages 10-34;and Whereas: people in the United States die by suicide at a rate of about one death every 11 minutes resulting in more than 49,000 deaths by suicide each year;and Whereas: suicide is preventable and we all have a role to play in order to save lives and create healthyand strong individuals,families, and communities;and Whereas: many factors can increase the risk for suicide. For example,people who have experienced violence,including child abuse,bullying, and/or sexual violence, are at a higher risk of suicide. Youth who are lesbian,gay, or bisexual also have higher rates of suicidal ideation and behavior compared to their peers who identify as straight; and Whereas: we encourage all residents to take the time to inquire as to the wellbeing of their family, friends,and neighbors during this month and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington,Massachusetts,do hereby proclaim the month of September to be annually recognized as Suicide Prevention Month in the Town of Lexington as we work together to save lives in our community. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 21"of August 2023. JOSEPH N.PATO,CHAIR SUZANNE E.BARRY DOUGLAS M.LUCENTE JILL L HAI MARK D.SANDEEN AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the following set of minutes: • July 24, 2023 Select Board • August 7, 2023 Select Board SUGGESTED MOTION: To approve and release the following minutes: • July 24, 2023 Select Board • August 7, 2023 Select Board Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type D DRAUFOC7242,023 Sc ect Board m�nutes Rxkup Materual D DRA FFOWY720(23 Selec Ward minutes W.ckup Mate6al SELECT BOARD MEETING July 24, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 24, 2023,in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry, Vice Chair,Mr. Lucente,Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: Potential Land Acquisition VOTE: Upon a motion duly made and seconded the Select Board voted 5-0 at 6:32 p.m. that the Board go into Executive Session under Exemption 6 to Discuss Potential Land Acquisition. Further,Mr. Pato declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Select Board reconvened to open session at 6:54 pm PUBLIC COMMENTS Steven Connors, 23 Bedford Street, stated that he felt the consent agenda item to amend the Semiquincentennial Commission Charge was not reviewed by all the members of the Commission prior to it being on the Select Board agenda. Michelle Orfanos,Arlington Resident, stated she was upset about Ms. Hai's reference, at a previous meeting,to the"personal tones"of the comments being made regarding the appointment to the Minuteman High School Committee. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry noted that Sal Frelick,native Lexingtonian,was called up to the Milwaukee Brewers baseball team. She expressed kudos to him and his family. She also asked that the Board consider adding an additional member of the Select Board to the Semiquincentennial Commission. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy noted that the Police Department will be receiving a compassion dog and vehicle with an earmark from the State. He also noted that the District Veteran's Director position has been filled by Karen Tyler. DOCUMENTS: Weekly Update 7-14-23, Weekly Update 7-21-23 CONSENT AGENDA It was noted that the vote will be split into two parts, for Items 1-4, and a separate vote for Item 5. 1. Application: One-Day Liquor License—Eastern Massachusetts Association of Community Theaters(EMACT), 1605 Massachusetts Avenue • EMACT's Annual DASH Gala and Awards Presentation To approve a One-Day Liquor License for Eastern Massachusetts Association of Community Theaters (EMACT)to serve beer and wine in the lobby and hallway area outside of Battin Hall on the main level and in the lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts Avenue,for the purpose of their Annual DASH Gala and Awards Presentation on Saturday,August 19, 2023 from 6:30pm to 11:00pm. DOCUMENTS: EMACT Event Location Description 2. Approve Request for Designer Selection Policy To approve the Designer Selection Policy as attached. DOCUMENTS: Designer Selection Policy Final Redline,Designer Selection Policy Final Clean 3. Approve Amendments to Semiquincentennial Commission(Lex250) Charge To amend the Semiquincentennial Commission(Lex250) charge by making the following changes as proposed: • Increase number of members from I 1 to 15 • Add"Quorum: Quorum shall be a majority of members serving" • Update Criteria for Membership to increase the number of Community Members from 2 to 6 • Update the background options for the Community Members to include: "...transportation, security, fundraising and/or publicity" DOCUMENTS: Amended Semiquincentennial Commission(Lex250) Charge—Redlined,Amended Semiquincentennial Commission(Lex250) Charge 4. Approve Select Board Meeting Minutes • July 10, 2023 Select Board To approve and release the July 10, 2023 Select Board minutes. DOCUMENTS: DRAFT 07102023 Select Board Minutes VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve Items 1-4 of the Consent Agenda. 5. Appointment of Election Officers for 2023-2024 • See Enclosed List Election Officer Candidates for Appointment/Reappointment-2023-2024 Mr. Pato and Ms. Barry recused themselves from this item. To approve the list of election officers for the period of September 1, 2023 through August 31, 2024 as recommended by the Town Clerk and Board of Registrars as presented in the memo dated June 13, 2023. DOCUMENTS: Board of Registrars Recommendation letter VOTE: Upon a motion duly made and seconded,the Select Board voted 3-0 to approve the remainder of the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Resident Cemetery Fees Mr. Malloy explained that,in April there was an issue of a former long-term resident(50 years)that had moved out of Town into an assisted living facility and then was buried in Lexington. The family was charged the non-resident fee of$400 and brought this to management's attention to ask that the non- resident fee be waived. In discussions at that time, staff determined it would be best to have a policy in place to address this type of issue in the future. The recommended policy is as follows: Waiver of Non-Resident Cemetery Fee Policy— The Town will waive non-resident cemetery fees for former residents that(1) lived in Lexington for twenty-five (25)years or longer; and(2)moved out of Lexington within one year before their death. The Town Manager is authorized to approve any non- resident cemetery fee waivers. There was discussion regarding the intent of the policy. It was noted that staff would work to consider rewording the policy to bring before the Board at a future meeting. 2. Review and Approve Jack Maloney Billiard Room Sign at Lexington Community Center Melissa Battite,Director of Recreation& Community Programs, explained that staff was asked to revisit the size of the sign that was originally proposed. The sign has been revised to be a bit smaller, as requested. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the "Jack Maloney Billiard Room" sign as attached. DOCUMENTS: Revised Request, Maloney Sign to Scale, Maloney sign design 3. Acceptance of Bench Donations—Lincoln Park Melissa Battite,Director of Recreation&Community Programs, explained that the Recreation Committee voted 5-0 to approve the donation of benches with the following motion: "The Recreation Committee moves to approve benches being placed at Lincoln Park in memory of Tiffany Fontanez, Mark Freitas, and Peter Vincent Ciampa as recommended by the Lincoln Park Sub-Committee." The requests for Ms. Fontanez and Mr. Freitas are granite replacements for wood benches that have reached a state of disrepair and the location of the bench in memory of Mr. Ciampa is in process. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the acceptance of the(3) bench donations at the Lincoln Park. DOCUMENTS: Lincoln Park Memo 4. Approve Conservation Commission Acceptance of Land Donation&Authorize the Town Manager to Take All Actions to Complete -35 Hayes Lane,Parcels 1 &2 Karen Mullins, Conservation Director, explained that, as part of the redevelopment plan for 35 Hayes Lane,the property owners (Peter and Valerie Johnson)have agreed to donate the two parcels identified on the plans as parcels 1 &2. These parcels contain environmentally sensitive riverfront, wetlands, and floodplain open space areas, and provide a connection from Hayes Lane to the Lower Vine Brook Conservation Area. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to: (a) To approve that certain Real Property Donation Agreement by and between Peter D. Johnson and Valerie J. Johnson and the Town of Lexington, acting by and through its Conservation Commission, substantially in the form presented to the Board at its July 24, 2023 meeting; (b) To approve the acceptance of the Property by the Town of Lexington Conservation Commission; and (c) To authorize James J. Malloy, the Town Manager of the Town of Lexington,to take all actions on behalf of the Town that are reasonably necessary,in the judgment of the Town Manager, to complete the donation of the Property in accordance with the Real Property Donation Agreement. DOCUMENTS: Hays Parcel 1 &2 Request, SPRD Decision, Site Construction Plan,Vote for Recording, Plan for Recording,Donation Agreement 5. Massachusetts Water Resources Authority(MWRA)Update on Current Project and Upcoming Construction Contract&Request for Letter of Support Regarding Massachusetts Bay Transportation Authority(MBTA) License/Easement Application for Installation of Water Pipeline on Minuteman Bikeway Paul Rullo,MWRA, explained that the MWRA is planning to construct a new 24-inch water main in Lexington,portions of which are in Maple Street,the Minuteman Bikeway, Bow Street and Massachusetts Avenue, during the 2024 and 2025 construction seasons with the final road resurfacing to take place in 2026. Some of these projects will include temporary impacts to traffic. All paved surfaces will be restored to existing conditions with new pavement and line striping and a bicycle/pedestrian detour will be established along Massachusetts Avenue during the project. The MWRA is seeking a letter of support from the Select Board. Mr. Pato asked the proposal for bike lanes along Massachusetts Avenue, as previous attempts did not go well.Mr. Malloy explained that the bike lane was previously separated from the travel lane by a parking lane,which caused dissatisfaction from some businesses. This project should probably place the bike lane exterior of the parking lane. Ms. Hai suggested that the MWRA work with the East Lexington business community on this item. She stated that she would also like the Bicycle Advisory Committee's opinion on this. Ms. Barry suggested extensive outreach to abutters for these projects. Mr. Sandeen noted that he would like to make sure that the detoured bike lane provides physical separation from Massachusetts Avenue traffic for those using the Bikeway to provide adequate safety as was successfully implemented by Town staff the last time the Bikeway was repaved. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to send a letter of support, amended to change the tense of coordination with the Bicycle Advisory Committee,for Contract 47404 - Northern Extra High Pipeline Construction Package 2 (CP2): Maple Street/Minuteman Bikeway Water Main Construction. DOCUMENTS: Presentation-MWRA Town of Lexington Northern Extra High Pressure Zone Improvements, Cover Letter, Map, Letter of Support 6. Discuss $275,000 State Earinark for Transportation Improvements Ross Morrow,Assistant Town Engineer,presented to the Board a prioritized list of potential uses for the $275,000 earmark for transportation improvements. The Transportation Department's requests are for programs that could ultimately become an ongoing service using one-time funds and, therefore,the Town Manager is not recommending these programs. Based upon the proposals and priorities from staff that will be implementing the projects,the recommendation is to use the funds toward the Pleasant Street/Watertown Street Safety Improvement Project with the Public Works Department providing the remaining funding for the project. Mr. Pato noted that alternate forms of transportation are important and should be pursued as economic development opportunities. These may not be other sources of funding for these items. He asked the Town Manager to explore economic development options for alternate transportation forms. There was general support for exploring additional economic development opportunities, support for obtaining this money from the State and willingness to apply it to the number one item in full,with the expectation that the Board will see other projects explored and brought back for use with other funds. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the $275,000 State Earmark for transportation improvements to be used for the Pleasant Street/Watertown Street Safety Improvement Project. DOCUMENTS: List of Potential Projects 7. Discuss Hanscom Field Expansion Project Jeanne Krieger,prior member of Hanscom Area Towns Committee (HATS) and Hanscom Field Advisory Committee(HFAC), explained that Massport and developers of the North Airfield Development at Hanscom Field are proposing an expansion including 27 new hangars for private jets. This project is dedicated to expansion of private jet aviation at the terminal. It involves nearly a half a million square feet of new hangar space, in addition to the 60,000 s.£ already underway. It has the potential of doubling, if not quadrupling,the number of hangars for private jets at the terminal. It involves 37 acres of new pavement, clear cut of 20 acres of mature trees, and, likely, an increase in private jet flights leading to additional noise. The significant issue is the greenhouse gas emitted by private jet flights. A local education effort in Lexington is underway to stop private jet expansion at Hanscom and anywhere else. A petition has generated over 6,000 signatures across the State and country. She asked the Board to reach out to the legislative delegation,both State and federal,to voice the concerns and use whatever influence possible to stop the expansion of private jet aviation at Hanscom or anywhere else. Mr. Lucente explained that HATS felt that it would be more powerful to send one letter from all of the Select Boards signed together. Lexington,Bedford, Concord, and Lincoln are very concerned about this proposal, and all of the communities want an open dialogue and answers to some questions. Margaret Coppe,HATS and HFAC member, expressed concern that this proposal would increase fees for flights between 1 1pm and lam, strictly enforcing the regulations and imposing significant fines for non- compliance. The 1968 Master Plan states that fees are to be minimal. This would make the whole Master Plan open for revision. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the HATS draft letter on Hanscom Field expansion with the adjustments made this evening, for future signing if the other communities agree to these changes. DOCUMENTS: DRAFT HATS Letter re Hanscom Expansion-for review and discussion 8. Discuss Process for the Minuteman School Committee Lexington Representative Appointment Mr. Pato explained that, at the Board's June 21, 2023 meeting, the Board chose to defer action on appointing a new representative to the school committee until all members were present for deliberations. As per the school district policy manual, School Committee members are appointed by a community's Select Board(unless otherwise specified in community bylaws) and all members will serve until their respective successors are appointed and qualified. The Board received six applications for the position by the June 14, 2023 deadline. Following standard procedure, each Board member reviewed the applications and submitted a rank-ordered preference list to staff. Staff collated the results and determined that one individual was the clear preference of the Board and submitted that name as the candidate for appointment on the June 20"consent agenda. That individual received the highest total preference score used for determining appointments. At the July 18, 2023 meeting of the Minuteman School Committee, Lexington's incumbent representative was elected School Committee Secretary, even though it was noted that an appointment for Lexington's seat was on hold. This appropriately follows the Minuteman School Committee policy. Therefore, even if the Board chooses not to reappoint the incumbent,their election as Secretary should bear no influence on the Board's choice. The Board discussed its position on changing the process for this particular appointment. Some members expressed that they would be okay with interviewing candidates in public session. Mr. Pato noted that he believes the Board should have a discussion on this topic at the table,but not necessarily carry out the process at the table. He would like for the Board to only interview the final candidates. He explained that this is not an election. Mr. Pato asked for public comment at this time. Courtney Hadley Zwirn, 65 Oak Hill Drive Arlington, stated she would like the interview process to be public. Shelly Scruggs, 7 Conestoga Road, stated that she feels the Select Board members should personally interview each candidate. She also expressed concern that the appointment process does not have an avenue to collect any public concern. Janet Penachio, 22 Shade Street, stated she feels all candidates should be interviewed by the Select Board and fully vetted. Michelle Orfanos,Arlington, stated that parents still have concerns of the possibility of Ms. Crocker being appoint as the Lexington representative to the Minuteman School Committee. Yury Mashkovich, 30 Oxbow Road, expressed concern about the Select Board making an appointment to the Minuteman School Committee. He stated that he feels the Board should interview each candidate. Ms. Hai volunteered to draft a series of interview questions. The Board will review these questions as well as discuss an updated recruitment/interview process its next meeting. The Board took a five-minute recess. 9. Discuss Revisions to the Noise Bylaw Mr. Malloy presented a redline and clean version of the Noise Bylaw proposed changes from the Working Group seeking to provide a clearer bylaw that would provide better enforcement, address the concerns heard from residents related to the Pleasant Street project, and limit any additional proposed changes to the landscaping noise sections. The intent is to receive input from the Select Board and incorporate any additional changes/modifications and then initiate a community engagement process. Some of the comments received to date are specific to the 85dba limit,which is based on standards from the Federal Government. There was discussion regarding the holidays listed in the bylaw.There are also discussion regarding enforcement of the bylaw. The Board discussed reviewing nearby communities for their restrictions. Mr. Sandeen stated that any revision to the Noise bylaw should focus primarily on improving the protections for Lexington residents. Improving the bylaw's enforceability,while important and necessary, should not be the first priority of setting the appropriate standards that will improve quality of life and health protections for Lexington residents. He raised concerns about the proposal of establishing a noise limit at 85 dBA, as he believes that there are fundamental differences between a standard designed to prevent hearing loss in the workplace and a standard designed to protect local residents from disruptive noise that can affect their health,their ability to sleep, and to work from home. He also expressed concerns that the proposed bylaw may eliminate current standards limiting night time noise and that an 85 dBA noise limit is far too high for night time. In response to a question from Mr. Sandeen, the Town Manager stated that at no time during the recent series of noise complaints regarding the 69 Pleasant Street project did Town staff measure noise in excess of 77 dBA. Barbara Katzenberg, 37 Moon Hill Road, stated that it is important that Lexington is seen by residents as having a balanced policy around rock excavation. Property owners should have the right to improve the value of their properties, but neighbors should not be burdened to the point of experiencing extreme disruption and health issues. Richard Petrasso,Lexington residents, stated that a typical noise level in Town tends to be around 40-45 dBA. Noise can be debilitating, and impulsive noise tends to be more distressful. He noted that 85 dBA is similar to the noise from a loud freeway. Mr. Petrasso urged the Select Board to involve acoustic professionals or health physics experts to advise the Town about any proposed changes to the Town Noise Bylaws. The Board asked that the draft bylaw be revised with the comments made this evening and brought back for further discussion. DOCUMENTS: Proposed Changes to Noise Bylaw—Redline,Proposed Changes to Noise Bylaw— Clean, Katzenberg Noise Bylaw letter to Select Board,Wilczek noise bylaw letter to Select Board 10. Review and Approve Response to Liquor License Violation-Aloft Lexington, 727A Marret Road Ms. Barry reeused herselffrom this item. Mr. Pato explained that the Police Department has confirmed that the liquor violation on July 2, 2023 was the Aloft's first violation. Under the Select Board's policy, a letter should be sent to the licensee and be maintained in their file. It was noted that the Aloft bartender that was working that evening was terminated, and the General Manager at that time no longer works for the company. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve a written letter be sent to the Aloft Hotel and placed on their file as a record of this violation. DOCUMENTS: Select Board Policy on Alcohol Violations, DRAFT Aloft 1st Offense Letter, Lixi Statement to Select Board re Aloft 7-2-2023 LL Violation ADJOURN VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to adjourn the meeting at 10:08pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING August 7, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday,August 7, 2023,through remote participation via the webinar meeting platform. Mr. Pato, Chair; Ms. Barry,Vice Chair, Mr. Lucente,Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Judy Crocker, 5 Currier Court,thanked the Select Board for engaging in a thoughtful and transparent effort to create a more open Minuteman School Committee member process. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports There were no additional comments at this time. TOWN MANAGER REPORT 1. Town Manager Weekly Update There were no additional comments at this time. DOCUMENTS: Weekly Update 7-28-23, Weekly Update 8-4-23 CONSENT AGENDA 1. Approve Select Board Committee Appointments • Housing Partnership Board: o Nanette Byrnes o Margaret Heitz 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. DOCUMENTS: 2023 Housing Partnership Board Application-N. Byrnes,2023 Housing Partnership Board Application-M. Heitz VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review Sealer of Weights and Measures Proposed Fee Increase Carol Kowalski,Assistant Town Manager for Development, explained that the fee structure for the Sealer of Weights and Measures has not been adjusted since 1983 (40 years). The fee schedule proposed is very close to the average that communities with a population of over 20,000 are now charging for this service. Approximately 35 communities were reviewed by Staff. It would also be more efficient to do this through the Viewpoint Cloud system. Ms. Barry asked what type of business has to pay this fee. Ms. Kowalski stated that generally gas stations, pharmacies, and stores that sell by the measure including prepared foods,have to pay this fee. Ms. Hai stated that,while she agrees with updating from 1983,this appears to be a large increase. She has some concerns regarding small businesses and how this proposal stacks up against Burlington. She noted that she does not believe the fee structure amount is tied to updating to Viewpoint Cloud. Mr. Malloy stated that Burlington's scales range from$20-$80,weights are $5, and liquid measuring is $20. Jim Kelly explained that Burlington's fees are also outdated. The range of fees across the State varies widely. He noted that the fees collected cover only about 90% of the actual costs. The overall costs are approximately$13,000 and the amount collected will be approximately$10,000. In response to a question from Mr. Pato,Ms. Kowalski stated that these fees are incurred annually. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-1,with Ms. Hai against,to approve the FY24 Fee Structure for the Sealer of Weights and Measures as attached in the Proposed 2023 Fee Schedule. DOCUMENTS: Proposed 2023 Sealer Fees, Sealer Fees Memo, Massachusetts Sealing Fees by Municipality, Recently Updated Comparisons 2. Approve Use of HOME Investment Partnership Program(HOME)Funds for Rental Assistance Ms. Kowalski explained that the Housing Partnership Board(HPB)worked with the Regional Housing Services Office(RHSO) and voted on July 27, 2023 to utilize uncommitted HOME funds, $61,820, from FY22 &FY23 to establish a rental assistance program in relation to move-in/upfront costs. Liz Rust, Director of the Regional Housing Services Office, explained that Lexington gets approximately $30,000-$35,000 allocated on an annual basis. This proposal is to use two years of accumulated monies. Otherwise,the funds would go to the consolidated pool for other regional housing projects. This program will be particularly useful for tenants who have section eight vouchers, which is usually approximately 30% of tenants moving into affordable units. In response to a question from Mr. Sandeen, Ms. Rust explained that this is a newly proposed program in Lexington and so there is not a track record yet of how many people would apply.In other towns these programs are marketed through property managers. Ms. Hai noted that the Housing Partnership Board was very excited and supportive of this program proposal. In response to a question from Mr. Lucente,Melissa Interess stated that the Human Services Department does not frequently get requests for first,last, and security, as proposed by this program,but promoting this will be a good addition. Mr. Pato asked for public comment. Melinda Walker, 14 Larchmont Lane, suggested changes to certain language within the document. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 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. DOCUMENTS: Housing Partnership Board Cover Memo, Lexington TBRA Using HOME Funds Memo -Revised 3. Update to the Select Board on the Bike-Friendly Report Card Susan Barrett,Transportation Manager, provided the Board a report on the Bike Friendly Report Card. Lexington has received the Bronze-level Bicycle Friendly Community designation,which will be in effect for four years. There are 506 Bike Friendly Communities in the United States. In Massachusetts,there are 15; three of which are suburbs,Lexington,Newton, and Beverly. Of those 15, Somerville is the only Gold Level Community. 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, including improving low stress on the Town's road/bike network. She stated that it would be interesting to hear which of these recommendations the Select Board would be interested in pursuing. Mr. Sandeen stated that the report card notes no bicycle fatalities in the last five years,but he believes this may be incorrect. One area the Town may want to focus on is policies and design standards for building separated and connected bike lanes. Mr. Malloy noted that that fatality was a bike-to-bike instead of bike- to-car,which is what this study was researching. Ms. Barry expressed concern regarding calling out only one of the Town's specific cultural partners in the report. This could lead to others feeling excluded. DOCUMENTS: Bike Friendly Report Card, 2023 Bicycle Friendly Community 4. Review and Approve Traffic Safety Group's Recommendation to Revise the No-Parking Area on Worthen Road John Livsey, Town Engineer, stated that the Transportation Safety Group (TSG)was asked by the LHS Principal to review safety issues on Worthen Road and, as a result, is recommending adjusting 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, installing 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 Acting Principal and Assistant Superintendent are supportive of these changes. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 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 1 PARKING PROHIBITED OR RESTRICTED THE FOLLOWING: Deletions are crossed out and additions are bold and underlined Location Side From To Restriction Worthen Road East 390 feet north of 4-5-0130 feet No parking Waltham Street northerly Worthen Road East MO 840 feet north of 4�8 150 feet No parking Waltham Street northerly Worthen Road West 2-A 150 feet north of Waltham Street No parking Baskin Road Worthen Road West 5-00 395 feet north o40 f 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 W,,,-+he Rea East NE)Pfffkin� con feet�,...�t� �� �a ei4 n Re a Ne pafkin Beskift4e" DOCUMENTS: Memo, CodeAmendmentVote,Parking Layout 5. Review and Approve Massachusetts Water Resources Authority(MWRA) Sewer Bond Carolyn Kosnoff,Assistant Town Manager for Finance, explained that this request to for approval of the 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. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 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 follows: Year Installment Year Instatlment 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 them,to be necessary or convenient to carry into effect the provisions of the foregoing vote. DOCUMENTS: MWRA Sewer Bond,MWRA Certificate, MWRA FinancialAssistanceAgreement_08.2023,MWRA Loan Agreement_08.2023 6. Approve Community Preservation Committee's (CPC)Execution of Grant Agreements Ms. Kosnoff explained that 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 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. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 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. DOCUMENTS: Follen Church East Village Clock Grant Agreement_8.3.23,First Parish Church CPA Grant Agreement_7.23, Hancock-Clarke Barn CPA Grant Agreement_7.23 7. Review Proposed Process for Appointing a Lexington Representative to the Minuteman School Committee Mr. Pato explained that the Board consensus at the July 201 meeting 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 to be distributed to all candidates as part of the application process. The Board should review and finalize these questions. Mr. Pato stated that he 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. Mr. Pato has sent letters to all previous applicants informing them of the pending change to process and has received replies from three of those applicants indicating they do not wish to continue to be considered for this appointment cycle. The Tentative timeline for appointment process is as follows: 8/7/2023- applicant questions finalized. 8/9/2023 -public announcement of re-opened application period. 8/23/2023 - deadline for completed applications including responses to questionnaire. 8/24-8/31/2023 -interview slot opportunities (each candidate with 1 or 2 members of the Board) 9/6/2023—targeted date for deliberation and appointment vote at Board meeting. Mr. Pato noted that, as there was no opposition from the Board,this process and set of questions will be adopted and there will be a public announcement planned for this Wednesday. DOCUMENTS: Proposed MSCApplicant Questions 8. Discuss Proposed Updates to Select Board Procedures,Policies and Regulations Manual Mr. Lucente reviewed the proposed update to the Board's Procedures,Policies and Regulations Manual. 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. There was discussion regarding potential amendments to the document. VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 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,with the additions of language changes as submitted by Ms. Barry and Ms. Hai and the correction of the term"citizen"throughout. DOCUMENTS: 2023 Proposed updated Select Board Procedures Manual-redline version, 2023 Proposed updated Select Board Procedures Manual 9. Discussion on Select Board Goal Setting Process The Board discussed the process for engaging staff, committees, and the Board itself on developing actionable goals for the next two years as well as finalizing the schedule for the goal setting process. The Board agreed to review the goals list in hopes of having further discussion at a future meeting. ADJOURN VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at 8:16pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Adjustments PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category:Decision-Making Water& Sewer Adjustments as recommended by W S AB 7/13/23 ($41,192.47) SUGGESTED MOTION: To approve and sign the attached Water& Sewer Adjustments as recommended by WSAB on July 13, 2023. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type a` 177S N' FY 2024 ADJUSTMENTS TO WATER/SEWER R AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD APPILM ty N WSAB JULY 13,2023 SELECT BOARD 8/21/23 ACCOUNT • NOTES I 0200610600 25 SUZANNE ROAD $ 253,00 $ 879.29 $ 1,132.29 1070348 2023 TOILET I I 0300908200 16 MIDDLEBY ROAD $ 91,67 $ 347.41 $ 439.08 1080312 2023 TOILET 0200488900 64 WEBB STREET $ 367.73 $ 1,263.12 $ 1,630.85 1068450 2023 TOILET 0300730900 26 GREELEY VILLAGE $ 696.63 $ 3,261.25 $ 3,957.88 1077938 2023 TOILET 0200436000 23 LONGFELLOW ROAD $ 254,18 $ 883.13 $ 1,137.31 1067711 2023 TOILET 0300837700 41 LINCOLN STREET $ 1,025.25 $ 3,568.12 $ 4,593.37 1079326 2023 TOILET 0300638400 14 FAIRLAND STREET $ 74.27 $ 263.11 $ 337.38 1076688 2023 TOILET 0200526300 22 BRENT ROAD $ 18A4 $ 59.42 $ 77.56 1068997 2023 TOILET 0300782600 2 FIFER LANE $ 70.79 $ 246.25 $ 317.04 1078625 2.023 TOILET 0300648500 83 SCHOOL STREET $ 14.83 $ 60.49 $ 75.32 1076824 2023 TOILET 0300764100 26 EARL STREET $ 192.13 $ 663.96 $ 856.09 1078397 2023 TOILET 0300706300 72 FREEMONT STREET $ 66.27 $ 214.85 $ 281.12 1077628 2023 TOILET 0300845000 353 LINCOLN STREET $ 367.45 $ 1,257.93 $ 1,625,38 1079427 2023 TOILET 0300938300 18 SPRING STREET $ 2,515.59 $ 8,823.00 $ 11,338.59 1080758 2023 TOILET 0300797300 41 DRUMMER BOY WAY $ 912.84 $ 3,188.62 $ 4,101.46 1078773 2023 TOILET 0300918000 27 VALLEYFIELD STREET $ 625.63 $ 2,170.67 $ 2,796.30 1080449 2023 MULTI LEAK 0300917000 72 BRIDGE STREET $ 59,17 $ 191.83 $ 251.00 1080436 2023 MULTI LEAK 0100290500 8 BRIGGS ROAD $ 446.20 $ 1,625.36 $ 1,97L56 1065057 2023 NAIL IN PIPE 0100114500 19 SANDERSON ROAD $ 109.84 $ 372.86 $ 482.70 1062641 2023 MULTI LEAK 0300768302 28 ELDRED STREET $ 1,292.55 $ - $ 1,292.85 1057657 2023 IRR LEAK 0300673900 5 PATTERSON ROAD $ $ 2,497.34 $ 2,497.34 1077182 2023 BURST HOSE(IRR ON DOM 0200467000 70 WOBURN STREET NA NA NA 1068168 2023 INTEREST ONLY 0300991400 18 JEFFERSON DRIVE NA NA NA 1081303 2023 INTEREST ONLY I a 177S o FY 2024 U ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD U WSAB JULY 13,2023 SELECT BOARD 8/21/23 0300735200 6 VALLEY ROAD NA NA NA 1077997 2023 INTEREST ONLY 0200371100 265 BEDFORD STREET NA NA NA 1066815 2023 INTEREST ONLY 0300945300 165 SPRING STREET NA NA NA 1080848 2023 INTEREST ONLY 0300840002 180 LINCOLN STREET NA NA NA 1058561 2023 INTEREST ONLY 0300684500 10 OXBOW ROAD NA NA NA 1077324 2023 INTEREST ONLY $ (9,454.46) $ (31,738.01) $ (41,194.47) It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein, unless stated here otherwise, from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED, WATER SEWER TOTAL $ (9,454.46) $ (31,738,01) $ (41,192.47) DIRECTOR OF PUBLIC WORKS SELECT BOARD 8/21/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Pine Meadows Golf Club Contract Renewal - New England Golf Corporation PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.7 SUMMARY: Category:Decision-Making Attached please find a cover memorandum from Melissa Battite, Director of Recreation and Community Programs recommending the award of the golf course management contract to New England Golf. Since this is a three-year contract with 2 one-year renewals (a five-year contract term) it requires the Select Board approval. Also attached, please find their bid proposal. SUGGESTED MOTION: To approve a five-year award to New England Golf Corporation for the Town of Lexington Pine Meadows Golf Club management as per their bid and to authorize the Town Manager to execute the contract. Move to approve the consent. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type Award[l l[c u u G wa•rr mc'n x) D New Bigland Cio�f Non Price llroposa� G)V�.,r Memo D New ILhgllend 0)flllnce Proposal Cove'r Memo Lexington RECIUATION&COMMUNITY MEMORANDUM August 9, 2023 To: James Malloy, Town Manager Fr: Melissa Battite, Director of Recreation & Community Programs Re: Pine Meadows Golf Course Management Contract The current management contract for Pine Meadows Golf Course expires on December 31, 2023. In anticipation of this, an RFP was posted and all submissions were due on June 13, 2023. There was one bid received. The evaluative criteria were reviewed by Melissa Battite, David Pinsonnault, and Recreation Committee Chair, Rick DeAngelis and Recreation Committee member, Renen Bassik. The following week, the financial criteria was reviewed. It is my recommendation to award the Golf Management Contract to New England Golf Corporation. New England Golf has a long history of golf course management in New England and a long standing, positive relationship with the Town of Lexington. The evaluative criteria submitted is excellent and the financial criteria is also favorable when looking at the sustainability of the golf course and the Recreation Enterprise Fund for the coming years. Please let me know of any questions or if additional information may be needed to execute the contract. Thank you. Cc: Elizabeth Mancini, Purchasing Director David Pinsonnault, Director of Public Works Recreation Committee Kelly Axtell, Deputy Town Manager Creating Community Through People, Parks & Places Town of Lexington Management of Pine Meadows Golf Course Lexington. MA CONTRACT #24-02 NON-PRICE PROPOSAL New England Golf Corporation P.O. Box 462 Westwood, MA 02090 781-688-8889 www.newenglandgolfcorp.com July13, 2023 REQUEST FOR PROPOSAL MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF CLUB RFP #: 24-02 Proposals Thursday, July 13, 2023 at 12:OOPM Due By: Proposals Lexington Town Offices- Purchasing Office Due At: 1625 Massachusetts Ave. Lexington, MA 02420 Contact Elizabeth Mancini, Purchasing Director v: 781.698.4628 f: 781.861.2794 emancini(&1exingtonma.gov 1IPage Legal Notice Request for Proposal Management of the Pine Meadows Golf Club#24-02 The Town of Lexington seeks qualified proposals to provide Management of the Pine Meadows Golf Course located in Lexington, Massachusetts. RFP documents may be obtained online at www.lexingtonma.gov/bids.aspx beginning on Thursday, June 8,2023 at 12:00 PM. Sealed proposals are due no later than 12:00 PM on Thursday,July 13,2023 and must be delivered to the Purchasing Office, Town Office Building, 1625 Massachusetts Ave, Lexington, MA 02420. Separate Price and Non-Price proposals pursuant to MGL c. 30B s. 6 are required. The Town reserves the right to reject any and all proposals if it's in the Town's or the public interest to do so. Advertisements placed as follows: Newspaper Published: Thursday,June 8, 2023 COMMBUYS Published: Thursday, June 8,2023 Goods and Services Published: Monday, June 5, 2023 Town Posting Posted: Thursday, June 8, 2023 2 1 Page GENERAL INFORMATION 1. OVERVIEW This is a Request for Proposals(RFP) issued by the Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420(the"Town") to secure the provision of goods and/or services. The Town seeks proposals for the management of the Pine Meadows Golf Club, a public golf course owned by the Town, at 255 Cedar Street, Lexington, MA 02420. 2. RFP DOCUMENTS AVAILABLE RFP documents will be made available through the following means: 1. By visiting the Town's website at www.lexingtonma.gov/bids.aspx 2. By phone at 781-698-4628. In order to request by phone you must speak to a live person. Voice mail requests will not be considered official requests. 3. By email to Elizabeth Mancini—emancini(allexington[na.gov. RFP documents will be e-mailed unless delivery via U.S. Mail is specified by the requester. 3. PRE-BID CONFERENCE There will be no pre-bid conference. 4. QUESTIONS Direct all inquiries to Elizabeth Mancini via one of the methods listed above. No inquiries will be accepted within two days prior to the bid opening(i.e., after July 11,2023). Responses to inquiries that affect all bidders will be issued as addenda. Non-bidding parties will not be issued addenda without a public records request for the addenda after the addenda is issued. Non- bidding parties should not distribute this for use as an official bid document, only the Town will issue official bid documents. Note: We do not distribute"official"documents to non-bidders absent the receipt of a public records request nor do we advertise outside of the newspaper and Government Required Central Register/Goods and Service Bulletins. 5. ADDENDA Written addenda issued by the Town of Lexington will be posted online and e-mailed to all parties that the Town of Lexington is aware have requested documents as necessary using the contact information provided to the Town of Lexington. Absence of"failure"messages electronically transmitted from addressee's site will serve as confirmation of delivery of addenda. Bidders should contact Elizabeth Mancini via e-mail or phone if they believe an addendum has not been received. HOW TO SUBMIT A BID 6. RFP SUBMITTAL Separate Price and Non-Price Proposals must be in sealed envelopes and clearly marked: 31Page • "Pine Meadows Golf Course Management—Contract#24-02 Price Proposal" and • "Pine Meadows Golf Course Management#24-02 Non-Price Proposal". On the "Price Proposal Form" the bidder shall specify prices in both words and figures, in ink or typed. In case of discrepancy between the words and figures, the written words shall govern. Price Proposal envelopes will remain sealed until the"Non-Price Proposal" has been evaluated. Please include one(1)hard-copy of the non-price proposal and an electronic version on a flash drive or similar. The electronic copy must be inside the sealed envelope-emailed copies will not be accepted. RFPs must be signed as follows: • If the bidder is an individual, by her/him personally; • If the bidder is a partnership,by the name of the partnership, followed by the signature of each general partner; and • If the bidder is a corporation, by the name of the corporation, followed by the signature of an authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation with the corporate seal affixed. 7. RFP DELIVERY AND OPENING Sealed proposals will be accepted at The Town Office Building, 1625 Massachusetts Ave., Lexington, MA 02420 until 12:00 pm on Thursday,July 13,2023. Specific delivery instructions are as follows: • RFPs sent via mail or courier should be addressed to Elizabeth Mancini, Purchasing Director, 1625 Massachusetts Ave, Lexington, MA 02420. • RFPs NOT sent via mail or courier should be hand-delivered to the Procurement Lock-Box,top floor (outside the Comptroller's Office) Town Office Building, 1625 Massachusetts Ave, Lexington,MA 02420. The Lock-Box will be checked for RFPs at the specific due date and time. RFPs are not opened publicly, but will be opened in accordance with G.L. c. 30B, § 5(d)(2). A written register of proposals will be compiled after the RFP deadline and will be made available for public inspection. The contents of received proposals remain confidential until a contract award is made. It is the sole responsibility of the bidder to ensure timely delivery to the location listed above. Please allow ample time for delivery of bids. Late bids will not be accepted under any circumstance. Unforeseeable Deterrents—If at the time of the deadline,the designated site is unavailable due to circumstances beyond the control of the Town, the deadline will be automatically postponed (with or without notice to potential bidders)until 12:OOPM at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the deadline will be formally postponed with notification to all parties provided RFP documents by the Town. 8. COMPLIANCE WITH RFP Bidders must comply with all requirements of this RFP in order to be eligible for contract award. Minor informalities will not invalidate the proposal, and the Town will either waive such minor 4 1 'age informalities, or provide the bidder with an opportunity to correct them. The Town will correct a mistake if the mistake and the intended bid are clearly evident on the Bid Price Form. Bidders are not permitted to withdraw their bids due to mistakes. The Town may reject or a bidder may withdraw a bid if a mistake is clearly evident on the face of the Bid Price Form,yet the intended correct bid is not similarly evident. 9. FORM OF BID Bids must be submitted on the Bid Price Forms provided and must contain all the required enclosures itemized in Section 10 below. lo. REQUIRED BID DOCUMENTS All bids are required to contain the following forms fully completed and signed: ❑ General Bid Form (Form A) ❑ Statement of Competency--with list of references (Form B) ❑ Bid Price Form (Form C)PLEASE NOTE REQUIREMENTS UNDER #6-RFP SUBMITTAL ❑ Non-Price Proposal (consisting of Attachments 1-10) ❑ A fully executed and signed Contract (Form D) ❑ W9 ❑ Dunn & Bradstreet Information Report(or equivalent as defined by Attachment#9) 11. MODIFICATIONS TO BIDS A bidder may correct, modify, or withdraw a bid by written notice received by the Town of Lexington not later than the close of business on the day before the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled"Modification No._." Each modification must be numbered in sequence, must reference the original RFP and must be signed by the same person who signed the General Bid Form or a surrogate so authorized in writing. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town of Lexington or fair competition as determined by the Town of Lexington. AWARD AND CONTRACT 12. EVALUATION PROCEDURE Bid will be evaluated according to the criteria listed in Appendix A 13. RULE OF AWARD An award will be made as follows: An award will be made to a responsive, and responsible bidder offering the most advantageous proposal for the goods and/or services that are the subject of this RFP(subject to the Town's budget appropriation). 5 1 P a g e 14. TIE BREAKER In the event that two or more bids obtain identical evaluation scores, the top bidders may be subject to an additional interview phase. 15. TIMEFRAME FOR AWARD Written notice of the award will be provided to the bidder within thirty(30)calendar days of the closing of the deadline. If the thirtieth calendar day fails on a weekend or holiday, written notice will be provided on or before the first business day following the thirtieth calendar day. The Town reserves the right, with the consent of the selected bidder, to extend the time for acceptance. If applicable, the Town may indicate that a bid may receive a higher rating if potential changes in the bid would, if executed, change the rating from"unacceptable"or"not advantageous"to"advantageous" or"highly advantageous." All bid prices submitted in response to this RFP must remain firm for forty-five(45) calendar days following the bid opening or until a contract is executed, whichever occurs first. 16. RESERVED RIGHTS The Town of Lexington reserves the right to: i. Cancel this RFP at any time, with or without notice to prospective bidders. Reasonable efforts will be made to give timely written notice,including the reasons for cancellation. 2. Accept or reject, in whole or in part, any and all bids as permitted by law,if the Town determines that such acceptance,partial, or whole rejection best serves the interests of the Town. 3. Waive or adjust non-statutory bid requirements, to the extent permitted by law, before or after bids are opened in whatever ways it deems best serves the interests of the Town, while also being non-prejudicial to the interests of fair competition. 17. CONTRACT A signed contract will result from this RFP, and will remain in effect for three (3) years with the option to extend an additional two(2) years (in one year increments) or until the purpose of the contract is fully realized. The successful bidder shall start the work under the contract on January 1,2024. The Town shall cancel this contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year succeeding the first year. BIDDER PROPOSAL REQUIREMENTS 18. PERFORMANCE CAPABILITIES Bidders must be capable of providing the specified goods and services on schedule, as applicable in working order, in an intact and undamaged condition, and providing any support services in a professional manner. Time of performance is critical to this RFP. Bidders are expected to have the must reassure the Town of their capacity to perform within the timeframe set out in this RFP. 19. EXPERIENCE Bidders must demonstrate competency in the business of providing the goods and/or services 61 Page specified in this RFP by conformance with the criteria below. Bidders who do not meet these minimum qualifications may not be considered: a. Bidders must be authorized providers of Public Golf Course Management (primary line of business); b. Provision of the specified goods/and or services is consistent with Golf Course Management Industry standards; c. Incorporated to do business in Massachusetts; d. Receive favorable ratings from references; and e. Demonstrate that the products offered are the requested specifications. 20. REFERENCES Bidders must provide a list of all the responses for golf course management services made in the last three years with a monetary value of one hundred thousand dollars or more in total. Any omission will be considered grounds to invalidate the proposer's bid. Use a separate sheet(s) clearly marked "REFERENCES" to provide the information below for each reference. 1. Customer Name 2. Years as a customer 3. Street 4. City, State, Zip 5. Contact Person 6. Telephone number 7. Email NOTE: Poor references may be used as a basis for determining that a VENDOR is not a responsible bidder. Bidders may use the Town as a reference, if applicable. 21. SUBCONTRACTORS a. Proposer must supply a list of sub-contractors used for specialty services, such as maintenance, drainage, irrigation, landscape, etc. PRODUCT AND PERFORMANCE TERMS 22. "OR EQUAL" An item at least equal to one or more that are named or described in the Specifications may be offered by a Bidder. The naming of any commercial name, trademark, or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition,but shall establish a standard of quality only. An item equal to one or more that are named or described in the Specifications may be offered by a vendor. An item shall be considered equal to the item so named or described if(1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the use intended, and(3) it conforms substantially to the requirements of the specifications with only minor deviations immaterial to the requirements of the preceding conditions (1) and(2). The name and manufacturer's published product specifications establishing product equality must 7 1 Page accompany"Or Equal" Bids. Acceptance of"Or Equal"Bids shall be at the sole discretion of The Town of Lexington whose decision shall be final. 23. INVOICING Selected Vendors must direct all invoices to the following department: Town of Lexington Attn: Recreation & Community Programs 1625 Massachusetts Ave. Lexington,MA 02420 recdept(a,lexint?tonma.gov Invoices must contain, or be accompanied by,the following information,as applicable: • The Town of Lexington Purchase Order number • The Town of Lexington Contract Number • Department that was Serviced • Contact that Ordered Service • Quantity Purchased • Item Number and Description • Unit Price per Vendor's bid • Extended Price • Total Price • Total Amount Payable • Drop-ship Address • Delivery Date • Record of Receiver's Sign-off 24. PAYMENT The goods and/or services procured through this RFP are funded by the Town of Lexington on an indirect payment basis. The Manager shall receive a flat rate management fee for each year during the term of the contract. Payments shall be made in 10 equal monthly installments or on a schedule agreeable by both parties. Management Fee is subject to annual appropriation by the Town. 8 Page APPENDIX A - PRODUCT SPECIFICATIONS GENERAL PRODUCT DESCRIPTION The following specifications are for the Management of the Town-Owned Pine Meadows Golf Course. PROJECT DESCRIPTION The Town of Lexington owns a nine-hole golf course, located on Cedar Street (Exhibit E),which operates the premises available for use by the general public on a non-discriminatory basis. The Town is seeking qualified proposals to provide professional management services to this Town facility. SCOPE OF SERVICES The successful firm shall meet all Quality Minimum Requirements and provide the most advantageous Evaluative Criteria in order for the Town of Lexington to provide continual high quality activities and services to the community. TERM It is the Town's intention to award a contract for a 36-month period, commencing on January 1, 2024 and expiring on December 31, 2026. The Town reserves the right to extend the contract for two (2),one-year optional years for a potential five-year contract. The Town reserves the right to extend the contract with written notice provided to the Vendor no later than three (3)months prior to the expiration date of the original base contract. The contract term is subject to approval by the Select Board prior to contract execution. GENERAL INFORMATION • The work contemplated shall consist of the Management of the Town-owned Pine Meadows Golf Course, as described in Appendix A and all associated Forms and Exhibits. Throughout the term of the Agreement,the Contractor shall continuously operate the premises as a nine-hole golf course available for use by the general public on a non-discriminatory basis. • The Contractor will operate the golf course with sufficient personnel to maintain the grounds (Exhibit H), staff all clubhouse and related operations, collect fees, rent carts, schedule tee times, and manage play, including but not limited to starters, marshals, and rangers. The Town is responsible for bidding and managing the contract with the vendor that provides the golf and utility carts for use at the course. Daily fees are set and reviewed annually by the Town. Passes and memberships are not offered. Greens fees for 2023 may be viewed here-https://www.pinemeadowsgolfclub.com/-green-fees • Golf ID's for town and school benefit eligible employees are available for purchase and allows card holders the same access to the course as residents. • Utilities are billed as a direct cost to the management company. • The management company will provide a first aid kit and an Automated External Defibrillator(AED) to be located in both the clubhouse and maintenance building. Staff will be trained by the Management 91Page Company annually and copies of staff certifications will be provided to the Town at the beginning of each season. • The golf course, all associated practice areas, the management office, snack bar and pro shop shall be open and available for public use on a schedule mutually agreed upon by the Contractor and the Town of Lexington. The Town reserves the right to close the course for special events and/or special projects, at a time mutually agreed to by the Vendor and the Town. • The Contractor shall make accommodations for practices and matches for the Lexington High School and Minuteman Technical High School golf teams throughout the season when time allows and scheduled in advance to compliment course operations. • The Contractor shall require proof of annual training for all employees and subcontractors including, but not limited to, customer service, risk management, and Diversity, Equity and Inclusion. Additional trainings may be provided by the Town. • Purchases made by the Town are tax exempt, but merchandise sold in the pro shop is not. The Town will require a monthly report from the vendor with a break-down of revenue generated from the golf carts(for sales tax reporting purposes). • The Contractor is expected to develop a marketing plan,conduct outreach and maintain a web presence. • The Contractor is required to work with the USGA and have the course professionally evaluated two times per year to be implemented in the annual maintenance and capital planning. The last site visit was conducted in 2021 and is included in this RFP as Exhibit I as a sample. • The Manager is expected to abide by all applicable Town bylaws, including the bylaw on the use of landscape maintenance equipment. ht!ps:Hlexingtonma.gov/DocumentCenter/View/2172/Article-l0- of-Special-Town-Meeting-2021-1-PDF?bidld= • The Town has provided a link to its five-year capital plan (FY24-FY28) to assist bidders in understanding the Town's priorities. The vendor will assist in developing future year priorities for capital planning and assist with implementation of on-site work through oversight. The vendor may also participate as a stakeholder when necessary for course projects. https•//www lexingtonma.gov/DocumentCenter/View/7247/Proposed-5-Year-Capital-Plan---FY2024- FY2028-PDF?bidld= SPECIAL INSTRUCTIONS TO BIDDERS (PRICE PROPOSALS) Bidders should provide a price proposal on each of the following Base Bid items: BASE BIDS A The selected Contractor shall receive a flat rate Contractor Fee for each year during the term of the contract. Payments shall be made in twelve (12) equal monthly installments. BASE BIDS B The selected Manager may designate certain areas and/or activities at the premises, such as the pro shop, concessions or the like, which the Manager shall manage and operate for the Manager's sole benefit, provided that all income or fees shall be accounted for as Gross Revenues (as defined in the Agreement) and provided further that in no event shall the percentage of Gross Revenues attributable to such areas retained by the Manager equal or exceed ten percent (10%) of the annual Gross Revenues. Additionally, 101Page `Revenue Sources' include areas such as the pro shop and concessions but do not include lessons. Lessons are not counted towards the gross revenue. BASE BIDS C The selected Manager may receive a percentage of the total Gross Revenues attributable to the Premises, less an amount previously paid to or received by the Manager, which amount, however may not equal or exceed in any year during the term of the agreement the amount of the Management Fee. Payments shall be due from the Town within thirty(30) days following receipt, by the Town, of the Manager's statement of the amount of gross revenues for the preceding month. ASSURANCES & DELIVERY The Town or a duly authorized representative shall periodically inspect the golf course and the Contractors activities thereon and,when applicable, give directions pertaining to the performance of the Contractor's obligations under the contract. The Contractor will be notified in writing of any deficiencies noticed by the Town during inspection or at any other time. Such written notices will include a description of the deficiency, the preferred or required remedy(or, if applicable, instructions for the Contractor to identify the same), and a date by which the deficiency must be corrected. The Contractor shall notify the Town of the time of starting work, interruptions and delays. The Vendor shall keep the work under his personal control and shall not assign by power of attorney or otherwise, or subcontract the managerial obligations herein in whole or in part without notice and clearance by the Town. All materials, methods of delivery, and staff involved with delivery must comply with all applicable laws, statutes,policies, and regulations. Ignorance of any law,regulation,policy, or statute is not an excuse for non-compliance with those laws,regulations,policies,or statutes. This includes but is not limited to the Massachusetts Wage Act and the Procurement Act. Accessories & Insurance • Insurance ■ Must provide the Town of Lexington with a copy of Insurance certificates documenting amounts of coverages for: ■ Public Liability and Property Damage Liability Insurance, ■ Comprehensive Vehicle Liability and Property Damage Insurance; and ■ Statutory Workman's Compensation Insurance. ■ Evidence of existing workers' compensation insurance policy must be provided in accordance with G.L. c. 152, § 25C and attached. • Copy of W9 is required and must be attached. • Non-collusion and fraud certification are required, must be signed, and attached. INSURANCE REQUIREMENTS: The Contractor shall carry and maintain, for the life of this contract, all insurance as specified below, and in such form as covered by this contract from all claims and liability for damages for personal injury, including accidental death, and for property damage which may arise from operations under this contract, whether such operations be by themselves or by any person or anyone directly or indirectly employed by either of them. The coverage shall include the Town of JA I P a g e Lexington as an additional insured and amounts of such insurance shall be as follows: A: Workers Compensation Statutory State, Massachusetts Coverage Limit, $100,000 each employee B. General Liability 1. Limits of Liability Combined Single Limit Bodily Injury and Property Damage of$1,000,000 2. Arrangement of Coverage a. Premises Operations b. Owners and Contractors Protective C. Broad Form Comprehensive General Liability Endorsement or equivalent to include Broad Form Contractual, Personal Injury, Broad Form Property Damage. Cross Liability Professional Liability C. Automobile 1. Limits of Liability Combined Single Limit Bodily Injury and Property Damage of$1,000,000 2. Arrangement of Coverage a. Employer non-owned b. Hired Car C. All Owned or Leased Vehicles Said policies shall be so written that the Town will be notified of cancellation at least thirty(30) days prior to the effective date of such cancellation. Certificates in duplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with the Town before operations are begun. Such certificates shall contain a statement referring specifically to this contract to the effect that all insurance coverage herein required has been provided. Certificates shall be filed before the award can be made. Signatures on all certificates and insurance forms must be original signatures. Insurance under which the Town shall be named as in"Insured"or as "Additional Interest" shall be carried with an insurance company licensed to write such insurance in the Commonwealth of Massachusetts. The Contractor shall indemnify and save harmless the Town, and all of its officers, agents, and employees from all suits, actions or claims of any character. 1.2 I Page END 13 1 Page PAGE INTENTIONALLY LEFT BLANK 141 Page MINIMUM AND EVALUATIVE CRITERIA Each Non-Price Proposal shall first be reviewed to ascertain whether or not the following Quality Minimum Requirements have been met. Each non price proposal meeting the Quality Minimum Requirements shall be rated according to the Evaluative Criteria. Quality Minimum Requirements ❑ Vendor must have a minimum ten(10) total years of experience operating or managing at least three(3) different gold courses with at least nine regulation-length holes, as defined by the National Golf Foundation. ❑ Such experience must include coordinating league play,programs for all ages and abilities, and programs to attract new golfers. ❑ Such experience must include greens-keeping, developing and implementing capital improvements, operating security systems and equipment maintenance and repair. ❑ Golf Course Superintendent must be a current member in good standing with the Golf Course Superintendent Association of America for at least ten(10)years prior to the submission of the bid. ❑ Vendor must submit required financial information(Dunn & Bradstreet or equivalent audited financial statements). ❑ Vendor must provide a list of at least three (3)professional references as provided above. ❑ Vendor must provide examples of operational and capital planning and implementation. ❑ Vendor must provide examples of experience operating an online point of sale system for golf business, marketing plan and web page development and presence. ❑ Vendor must provide example of an integrated pest management plan. ❑ Vendor must provide an example of a sustainability plan implemented at a similar golf course. Each non-price proposal meeting the Quality Minimum Requirements shall be rated according to the following Evaluative Criteria. 1. Public golf course operations experience including: Green and cart fee revenue management, overall facility management including course and building improvement maintenance,pro shop sales and food operations. ❑ Highly Advantageous: The prospective bidder has more than fifteen(15) years of public golf course management experience and currently manages three or more public golf courses. ❑ Advantageous: The prospective bidder has between ten(10) and fifteen(15)years of public golf course management experience and has managed two or more public golf courses. 15 1 Page ❑ Not Advantageous: The prospective bidder has fewer than ten(10) years of public golf course management. ❑ Unacceptable: The prospective bidder has no experience in public golf course management. 2. Experience coordinating league play,programs for all ages and abilities and programs to attract new golfers and growth of the game through new industry trends and services. ❑ Highly Advantageous: The prospective bidder has more than fifteen(15)years of experience coordinating league play,has experience offering programs for all ages and abilities and implementing programs and services to attract new golfers and growth of the game through new industry trends and services. ❑ Advantageous: Between ten (10) and fifteen(15)years of experience in all areas. ❑ Not Advantageous: Fewer than ten(10) years of experience in all areas. ❑ Unacceptable: No years of experience in all areas. 3. Greens Keeping Functions, Making Capital Improvements, Operating Security Systems and Equipment Maintenance and Repair. ❑ High Advantageous: More than fifteen(15)years of experience in all areas. ❑ Advantageous: Between ten(10)and fifteen (15)years of experience in all areas. ❑ Not Advantageous: Fewer than ten(10)years of experience in all areas. ❑ Unacceptable: No years of experience in all areas. 4. Golf Course Superintendent—Experience ❑ Highly Advantageous: More than fifteen(15) years of experience as a golf course superintendent on a public golf course and has satisfactory references and holds a Class A GCSAA membership. ❑ Advantageous: Between ten(10) and fifteen(15)years of experience as a golf course superintendent on a public golf course and/or holds Class B GCSAA membership. ❑ Not Advantageous: Fewer than ten(10)years of experience as a golf course superintendent on a public golf course and/or does not hold a Class A or B GCSAA membership. ❑ Unacceptable: No experience as a golf course superintendent on a public golf course and/or does not hold a Class A or B GCSAA membership. 5. Reporting and Accountability for all Revenue Generated Programs,i.e. Golf Rounds,Golf Cart Rental,etc. 16 1 Page ❑ Highly Advantageous: Reporting and accountability will be via computer generated monthly reports,monthly bank transactions and electronic reports showing all gross revenues with a breakdown of each program through the point of sale system ❑ Advantageous: Reporting and accountability will not be via computer generated monthly reports, only weekly bank statements and cash register tapes showing all gross revenues with a breakdown of each program. ❑ Not Advantageous: Reporting and accountability will not be via computer generated monthly reports, only weekly bank statements and cash register tapes showing all gross revenue. ❑ Unacceptable: Bidder has no discernable reporting or accounting processes, or the Town determines that Bidder's methods are wholly unreliable. 6. Financial Stability(Note to Bidders—this requirement will not be waived). Financial and Credit Information: The successful bidder is expected to demonstrate that it has the financial resources to perform the contract. Bidders must submit proof of financial strength and credit worthiness by submitting a Dunn & Bradstreet Information Report(or information equivalent to that contained in a D&B report from another source, including TransUnion, Experian and Equifax or local bank references). The intent of the Owner in requiring this information is to establish two things: (1) the ability of the general contractor to pay their subs and vendors (current financial condition); and(2)their willingness to pay them(historically). Bidders who do not submit this financial and credit information will be deemed to be non- responsive and will be rejected. ❑ Highly Advantageous: Prospective bidder demonstrates it has long-term financial stability. ❑ Advantageous: Prospective bidders appears to be financially stable. ❑ Not Advantageous: Circumstances suggest financial instability. ❑ Unacceptable: Proposer did not submit financials. 7. Key staff Experience(Director of Golf or Golf Professional,Club Manager and Maintenance Superintendent)Experience ❑ Highly Advantageous: The prospective bidder can document the experience of his key staff to be greater than ten(10)years for each member. ❑ Advantageous: The prospective bidder can document the experience of his key staff to be between five (5) and ten(10)years for each member. ❑ Not Advantageous: The prospective bidder can document the experience of his key staff to be less than(5)years each. ❑ Unacceptable: Key staff possesses no experience. 8. Prior relevant experience as a Golf Facility Management Company at a 9-hole regulation length golf course as defined by the National Golf Foundation. 17 1 Page ❑ Highly Advantageous: The prospective bidder has more than fifteen(15) years of experience in public golf course operations at a comparable 9-hole golf course. ❑ Advantageous: The prospective bidder has between ten (10) and fifteen(15)years of experience in public golf operations at a comparable 9-hole golf course. ❑ Not Advantageous: The prospective bidder has fewer than ten(10) years of experience in public golf operations at a comparable 9-hole golf course. ❑ Unacceptable: The prospective bidder has no experience in public golf operations at a comparable 9-hole golf course. 9. Marketing and outreach ❑ Highly Advantageous: The prospective bidder's marketing and outreach plan is thorough,robust and provides at least three(3) examples of ways to incorporate the plan into the management of Pine Meadows. ❑ Advantageous: The prospective bidder's marketing and outreach plan is thorough, robust and provides between one (1) and(2) examples of ways to incorporate the plan into the management of Pine Meadows. ❑ Not Advantageous: The prospective bidder's marketing and outreach plan is sufficiently detailed but does not provide examples of ways to incorporate the plan into the management of Pine Meadows. ❑ Unacceptable: A marketing and outreach plan was not submitted as part of the bidder's response. 18 Page THIS PAGE INTENTIONALLY LEFT BLANK 191Page FORM A - GENERAL BID FORM The accompanying Statement of Competency and Bid Price Form are hereby submitted in response to the RFP cited above. All information, statements and prices are true, accurate and binding representations of its intentions and commitments in responding to this RFP. This bid applies to the category(s) of goods and/or services marked with an"X"below. ❑ MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE #24-02 Vendor Name: eye' L�iUGGAnrO �SoGi% �a��� G.C'A�iyN Street: /� D• �?y X G�? City: 2S State: Pk)A zip: od U FD Phone: -Ul (���"�c�Fs`7 e-mail: AP /ANe :Ro G r= e c_v rA c':��5 T, Al e.-/ Web Address:wives ,7 e..ven s,«/wJ vt/"Gu� J•C tJ 1}� Addenda-The bidder acknowledges the receipt of the following Addenda (list the number(s) of each addendum received): onre Bidder: Al,--- G-w4-,-- Cy 2p Initials: Non-Collusion Statement The undersigned certifies under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification,the word "person" shall mean any natural person,business, partnership, corporation,union, committee, club, or other organization, entity, or group of individuals. Taxes Paid Certification Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that,to the best of my knowledge and belief, I am/my company is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and VENDORS, and withholding and remitting child support. For the Bidder: Attach certificate of corporate vote X (if required by Section 7) Date: 20 1 Page NEW ENGLAND GOLF CORPORATION P.O. BOX 462 WESTWOOD, MA 02090 781-688-8889 CERTIFICATE AS TO CORPORATE SPONSER Paula K. Harrison, Secretary of New England Golf Corporation, attests that William J. Harrison is the President of New England Golf Corporation and is hereby authorized to act on behalf of New England Golf Corporation, a corporation duly organized and incorporated in the State of Massachusetts. (Z"�/g. i51h Paula K. Harrison, Secretary New England Golf Corporation P. 0. Box 462 Westwood, MA 02090 781-688-8889 newenglandgolf@comcast.net. ADDENDUM #1 Town Project#: 24-02 Project: Management of the Town-Owned Pine Meadows Golf Club Date: June 29, 2023 The attention of bidders submitting proposals for the above subject project is called to the following addendum to the specifications. The items set forth herein, whether of omission, addition, substitution, or clarification; are all to be included in and form a part of the proposal submitted. The number of this Addendum (1) must be entered in the appropriate space on the invitation to bid documents when submitted as a formal bid. Clarifications and Corrections: Page 10-"Base Bids A." Second sentence,change to read"Payments shall be made in ten (10)equal monthly installments." Page 22-"Form C-Bid Price Fonn". Base Bid A, second sentence,change to read"Payments shall be made in ten(10)equal monthly installments or on a schedule agreeable by both parties." Page 27-Article 3-"Definitions"-Paragraph 7-"Equipment"-August 2017 shall be replaced with "August 2023." Page 32-Section 7.2.3- First sentence, change to read"The Manager shall deposit all cash Revenue electronically on a weekly basis..." Page 34- Section 8.1.3-Sentence shall be changed to read"One hundred(100)percent of the total costs of water for irrigation at the Premises during the Season. Page 35-Sections 8.2.2, 8.2.3 and 8.2.4 shall be stricken entirely from the document. 1 FORM B - STATEMENT OF COMPETENCY I hereby certify that the Bidder meets or exceeds the competency criteria set out in this RFP. I further attest to the following assertions: 1. Bidder is primarily engaged in public golf course management. 2. The Bidder has been in business for a minimum of 10 years. 3. Provision of the items specified in this RFP is consistent with the Bidder's normal lines of business. 4. The Bidder is incorporated,and if required licensed,to do business in Massachusetts. 5. The Bidder will receive favorable ratings from the following references,please attach a reference sheet as well per the"Reference"requirements. ❑ 77x f9✓/3 /4/-1-e"A,- of f71 v/l/s 7-i) MA ❑ /?2 Je Lc.s4 �D�/�'G.e o of ly'e,. h uer// ❑ /?�/.¢��( f0— of MA ❑ /�/C�/ISSN 41/� of .L-4--Xiryg7'VA/ ,MA .%°,v.v♦�e-L° ��f.QC.EtA of 71-4 .2 D MA ❑ In/7-7- _,�OyPOr.✓CA of zC ueep-�y /1�A LI of ❑ of LI of For the Bidder: X Name: 4 //z-C 14,9-M Title: Date: -7 211 Page REFERENCES Mr. Travis Ahearn Town Administrator Town of Holliston 703 Washington Street PINECREST GOLF CLUB Holliston, MA 01746 (508) 429-0608 ahernt@holliston.kl 2.ma.us 1988-present Rebecca Bombero Deputy Chief Administrative Officer City of New Haven 165 Church Street ALLING MEMORIAL GOLF CLUB New Haven, CT 06510 (203) 946-7093 rbombero@newhavenct.gov 1997-present Mr. Mark Purple Town Administrator Town of Southborough 17 Common Street SOUTHBOROUGH GOLF CLUB Southborough, MA 01772 (508) 485-0710 mpurple@southboroughma.com 2006-present Melissa Battite Director of Recreation and Community Programs Town of Lexington 1625 Massachusetts Avenue PINE MEADOWS GOLF CLUB Lexington, MA 02420 (781) 402-4277 mbattit@lexin tonma.gov 1996-present Additional References Jennifer Ferrera, CPA ACCOUNTING FIRM Murphy, Edwards, Goncalves & Ferrera, PC Reservoir Corporate Center 144 Turnpike Road, Suite 340 Southborough, MA 01772 (508) 229-7900 JFerrera@megfcpas.com Matt Bordenca, Agent INSURANCE AGENT Appleby & Wyman 152 Conant Street Suite I I Beverly, MA 01915 (978) 236-3651 MBordenca@applebywyman.com Stephanie Castaldi Financial Center Manager Bank of America 693 High Street BANK Westwood, MA 02090 (781) 461-0078 Stephanie.castaldi@bofa.com MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE- NON-PRICE PROPOSAL REQUIREMENTS *ATTACHMENTS TO BE PROVIDED BY THE BIDDER* Attachments 1-10 will be the criteria used to evaluate all proposals. Please attach your responses to each on a separate sheet labeled with the corresponding attachment number. Attachment#1 ❑ Each Bidder will be required to submit a statement of qualifications and experience, detailing their relevant background in the areas of management, administration, operation and maintenance of golf course facilities. Please include number of years in business and list three or more recent contracts with names of towns or owners on which you served as management contractor, contract length and approximate dollar value. Attachment#2 ❑ Each Bidder shall provide resumes of personnel responsible for managing the facility. The resume shall include any specific licenses and certifications for the individual. Attachment#3 ❑ Each Bidder shall submit an organizational chart. Attachment#4 ❑ Each Bidder shall detail their relevant experience and plans for the following areas; Hours of operation Point of sale system Tee-time reservation system Snack bar operations Pro-shop Course Management plans Grounds Maintenance program and schedules (greens, tees, fairways,roughs,planting areas, sand traps) List of equipment you intend to use for maintenance Equipment maintenance plan (small engines, pumps, motors, golf carts, irrigation, etc.) Soil Testing Turf Maintenance 23 1 Page MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE- NON-PRICE PROPOSAL REQUIREMENTS Attachment#5 ❑ Each Bidder will provide a detailed statement describing plans for league play, additional programs and services or special provisions(including programs to attract new golfers, programs and services for all ages and abilities) and accommodations for practice and match time for the Lexington and Minuteman Technical High School golf teams throughout the season as space is available and reserved for in advance. Please include discussion of previous experience you have in this area. Attachment#6 ❑ Each Bidder shall itemize, explain and justify the proposed fee schedule and provide copies of weekly and monthly usage reports for three of the golf courses you managed in the past year. Attachment#7 ❑ Each Bidder shall include a sample of a previously completed capital improvement plan to demonstrate how such a plan will increase revenues and improve the premises. Please provide the cost of each capital improvement. (The successful bidder is expected to provide small,non-capital improvements for successful operation at their expense). Attachment#8 ❑ Each Bidder shall provide a security plan for the buildings and the grounds. Attachment#9 ❑ Each Bidder shall submit recent financial and credit information(Dunn&Bradstreet Information Report or information equivalent from another source, including credit reports or bank references). Attachment#10 ❑ Each Bidder shall submit a marketing and outreach plan detailing proposed ways to promote the golf course. The marketing plan shall include a webpage that is designed with ease of use. The outreach plan shall describe the plan to connect with golfers and solicit new golfers. 241Page PAGE INTENTIONALLY LEFT BLANK 251Page New England Golf Corporation P.O. Box 462 Westwood, MA 02090 781 688-8889 newen lg andgolf2comcast.net www.newenglandgolfcoip.com July 13, 2023 Elizabeth Mancini Director of Purchasing Town of Lexington 1625 Massachusetts Avenue Lexington, MA 01420 Dear Elizabeth: New England Golf Corporation is pleased to have the opportunity to submit this proposal for the management and maintenance of Pine Meadows Golf Club to the Town of Lexington. New England Golf Corporation is a Massachusetts corporation providing golf course management services in New England for more than thirty-five years. At present the New England Golf Corporation has been managing four public golf clubs, which includes Pine Meadows Golf Club for the past twenty-eight years. Over the years all the golf courses under the management of New England Golf Corporation have experienced tremendous success in, at times, a challenging and competitive marketplace. Such success can be attributed to New England Golf Corporation's adherence to a professional staffing plan providing outstanding customer service, the adoption of an aggressive maintenance and marketing program, and its participation and commitment to managing capital improvements to the facilities under management. New England Golf Corporation possesses over thirty-five years of experience managing golf courses. It is a financially strong company with a strong reputation in golf course management. We enjoy an excellent working relationship with the cities and towns that are the owners of our properties as well as a proven history of success with all the facilities we have managed over the years. All communication regarding this proposal should be directed to: William J. Harrison, President New England Golf Corporation P. O. Box 462 Westwood, MA 02090 newen 1g and og�,comcast.net (781) 688-8889 We look forward with great enthusiasm to continuing the management of Pine Meadows Golf Club. We are confident that an excellent working relationship will continue to exist with the local community and the Town of Lexington. Respectfully submitted, William J. Harrison, President New England Golf Corporation ATTACHMENT 1: QUALIFICATIONS AND EXPERIENCE Founded in 1987 by its president, William J. Harrison, New England Golf Corporation has grown to become a leading provider of golf course management services in New England. The company has transformed poorly managed and maintained golf courses into professionally managed and expertly maintained golf courses through the successful implementation of capital improvement plans and marketing initiatives, the presence of professional and experienced staff, and the adherence to an aggressive maintenance program. The result has been a financial success for the cities and towns and a great golfing experience for the members and guests who support their facilities. In 1988, the contract to manage Pinecrest Golf Club in Holliston, Massachusetts was unanimously awarded to New England Golf Corporation over five other competitive bids. Pinecrest Golf Club is an eighteen-hole municipal golf course with a full restaurant, driving range, pro shop, and fleet of fifty golf carts for rent. Substantial improvements have been made to the golf course over the years, including the construction of a new clubhouse and maintenance facility, a new automatic irrigation system, and a new practice range 300 yards long with twenty grass-hitting stations. Additional improvements include the construction and renovation of many tee complexes, bunker reconstruction, and improved drainage and cart paths throughout the golf course. New England Golf Corporation has managed the golf course for thirty years with an approximate value of$1.1 M annually in gross revenue. For the last twenty-eight years, Pine Meadows Golf Club has been under the management of the New England Golf Corporation. When the company was first awarded the contract in 1996, there were only seven greens open for play and revenue was approximately $450,000. The condition of the golf course was highly unfavorable, at least until an aggressive maintenance plan was implemented under the supervision of a full-time Superintendent. Over the years significant improvements to the golf course have been made by the New England Golf Corporation in conjunction with the Town of Lexington. A complete list of projects initiated and completed is attached, the results of which have yielded not only an increase in rounds played but also an increase in annual revenue to more than $1,150,000. In June of 1997, the City of New Haven unanimously awarded New England Golf Corporation the contract to manage Alling Memorial Golf Club. Alling Memorial Golf Club is an eighteen-hole, championship municipal golf course measuring approximately 6,500 yards with a fleet of seventy-five golf carts for rent and a full restaurant. Over the years we have hosted the USGA Junior Qualifying, USGA Mid-Amateur Qualifying, and numerous Connecticut State Golf Association events. Substantial improvements have been made under the supervision of New England Golf Corporation, including the construction of six new tees and the reconstruction of numerous sand bunkers and cart paths. In 2004, we developed a master plan for the golf course in conjunction with the City of New Haven. In 2005 we managed the $1.2M golf course renovation project that included the reconstruction of all the tees, bunkers, and cart paths as well as improvements to the irrigation system and drainage. Over the years annual revenue has increased from $450,000 to more than $1,100,000. In 2015, the contract was renewed for an additional seven-year period over a highly competitive bid from Billy Casper Golf Management. We manage the entire golf facility including the pro shop, restaurant, and golf course. In 2005, New England Golf Corporation took over the management of St. Marks Golf Club in Southborough. St. Mark's is a challenging nine-hole golf course offering both push carts and riding carts, a pro shop and a snack bar with a beer and wine license. Over the past seven years, we have reconstructed all the tees, reconstructed all the sand bunkers, and improved the drainage and cart paths throughout the golf course. More recent improvements together with the increase in the popularity of golf have resulted in an increase in revenue of more than 100% over the last three years. The substantial revenue increases that have been achieved at all our golf courses can be attributed to greatly improved and consistent playing conditions as well as the presence of friendly and courteous staff in the pro shop and on the tee. The result has been an overall positive experience for both members and guests. In addition, every effort is made to expand the customer base through various programs and marketing strategies. ATTACHMENT 2: KEY PERSONNEL OF THE ENTITY At New England Golf Corporation, we believe that our greatest strength lies with our personnel. We strive to maintain the highest degree of integrity and encourage open communication between the administration, superintendent, and pro shop staff, starters, and rangers. Honesty, trust, and accountability are of utmost importance. We make every effort to employ individuals who enjoy serving the public and understand the importance of working together as a team. New England Golf Corporation possesses a strong administrative staff with a daily presence at the golf course. Key management personnel are on the premises full-time to manage all support staff. Administration William J. Harrison, President New England Golf Corporation P. O. Box 462 Westwood, MA 02090 (781) 688-8889 Lisa M. Casey, Director of Administration P. O. Box 462 Westwood, MA 02090 (781) 688-8889 Superintendent: John J. Allen 55 Chipman Road Sandwich, MA 02563 (617) 538-1082 PGA Golf Professional: Joseph C. McKinney 83 Parson Street Brighton, MA 02135 (617) 782-8945 Administration The requisite administrative and accounting functions will be supervised by William J. Harrison, including monthly meetings and reporting required by the Town of Lexington. The administrative staff will perform all payments of expenses, purchases of materials and supplies, and the maintenance of financial records. William J. Harrison, CPA, will continue to enforce strict accounting controls to accurately track all revenues and expenses. He is a graduate of Babson College with a degree in Business Administration as well as a Certified Public Accountant with a master's degree in taxation from Bentley College. William J. Harrison makes weekly visits to the course to conduct staff meetings and review course conditions. Lisa Casey is responsible for the purchasing of all merchandise and supplies, organization of league play, tee times and various administration functions including payroll, website and email correspondence. Course Maintenance John J. Allen will continue to supervise a staff of seven individuals in the maintenance of the golf course. John is a graduate of the University of Massachusetts Turf Grass Management Program and has more than twenty-five years of experience in the public golf industry, including the past eighteen at Pine Meadows Golf Club. He has been employed at New England Golf Corporation since its inception, working at Pequot Golf Club in Stonington, CT as well as Lost Brook Golf Club in Norwood, MA. It should be noted that John is a Class A Member of the Golf Course Superintendents Association of America as well as the New England Golf Course Superintendents Association. In addition, he has a Commercial Pesticide License issued by the Commonwealth of Massachusetts which is required for the purchase and safe application of products to minimize weeds, insects, and diseases. Golf Professional Joseph C. McKinney will continue to serve as the golf professional at Pine Meadows Golf Club. A former PGA Teacher of the Year, Joseph will be available to conduct golf clinics and provide instruction for juniors and adults throughout the summer. He will also continue to run the successful junior and adult golf clinics that run throughout the summer months. Joseph has been with the New England Golf Corporation for the past twenty-eight years. Joe is available daily on an advisory basis to assist with any questions on rules of golf, USGA handicaps and merchandising in the pro shop. It is important to note that the key management staff of William Harrison, Lisa Casey, as well as Superintendent John Allen and PGA Golf Professional Joseph McKinney, have all been at Pine Meadows Golf Club since New England Golf Corporation was awarded the contract to manage the golf course in 1996. Each has played an important role in transforming Pine Meadows Golf Club into a professionally managed and maintained golf facility. Moreover, the key personnel at Pine Meadows Golf Club have demonstrated the ability to not only work well with one another over the last twenty-eight years, but also with the Town of Lexington Recreation Department, the Town of Lexington Parks Department, and the residents of the Town of Lexington. WILLIAM J. HARRISON P. O. BOX 462 WESTWOOD, MA 02090 (781) 688-8889 Education Bachelor of Science Degree in Business Administration Babson College, Wellesley, MA 02181 Master of Science Degree in Taxation Bentley College, Waltham, MA 02154 Certified Public Accountant, State of Massachusetts Actively participate in many self-study educational programs and research and reading of various trade journals and publications in connection with all aspects of golf course management. Experience 1985 to Present—New England Golf Corporation President of golf management company serving New England golf courses. Presently operating Pinecrest Golf Club, Holliston, MA; Pine Meadows Golf Club, Lexington, MA; Southborough Golf Club, Southborough, MA; and Alling Memorial Golf Club, New Haven, CT. Management and supervisory responsibilities include scheduling turf grass management programs, implementation of strict accounting controls, purchasing of golf course supplies and equipment, directing the food and beverage concessions, and hiring of employees. 1980 through 1985 —President of Lost Brook Golf Club Full responsibility for all aspects of golf club operation, including course maintenance, accounting, and the purchase and marketing of all merchandise. 1978 through 1984—Darmody, Merlino & Co., CPA's Boston, MA 02110 Staff accountant to senior accountant to accounting manager with progressive Boston CPA firm. Successfully passed uniform CPA exam and completed master's degree in taxation during this time. Other William J. Harrison and his operating companies are members of various professional societies and organizations, including the National Golf Foundation, Massachusetts Golf Association, and United States Golf Association. JOHN J. ALLEN 55 CHIPMAN ROAD SANDWICH, MA 02563 (617) 538-1082 Education Bentley College, Waltham, MA Bachelor of Science Degree in Business Management University of Massachusetts, Amherst, MA Turfgrass Management Program Licensed Certified Pesticide Applicator, State of Massachusetts Attends numerous seminars and classes in connection with various aspects of golf course maintenance and turfgrass management. Member of various professional organizations, including Golf Course Superintendents Association of America and New England Experience 1996-Present: Pine Meadows Golf Club, Lexington, MA Superintendent 1991-1995: Lost Brook Golf Club, Norwood, MA Superintendent, General Manager 1986-1990: Pequot Golf Club, Stonington, CT Superintendent, General Manager Other Experienced in all areas of golf course maintenance, including expertise in: Mechanics—gasoline and diesel engine repair, hydraulics, irrigation, golf cart repair Disease analysis, Golf course renovation General knowledge of carpentry, plumbing, and electrical skills References Furnished upon request. THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 4v,VDAR V 617-626-1700 fax: 617-626-1850 www.mass.gov/agr hk MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES November 22,2022 JOHN ALLEN 55 CHIPMAN ROAD SANDWICH, MA 02563 Dear JOHN ALLEN, The Department of Agricultural Resources, Pesticide Program has reviewed your application for the Commercial Certification. The Department is pleased to inform that you have complied with the procedures set forth in State Pesticide Regulations and are qualified for Pesticide Licensure in the Commonwealth. The below credentials must be on your person at all times. Your Massachusetts Pesticide License Number is CC-0019462 and is valid until 12/31/2023. If you have any questions, please contact the MDAR-Pesticide Program. Sincerely, , zA -6uwoo'� Steven Antunes-Kenyon Pesticide Operations Coordinator MDAR-Pesticide Program COMMONWEALTH OF MASSACHUSETTS Directions: '=. Agricultural Resources • Sign license document. PESTICIDE CERTIFICATION/LICENSE •Carefully cut out credential JOHN JAMES ALLEN •Laminate for its protection 55 CHIPMAN ROAD „ v SANDWICH,MA 02563 a N License Type Date Issued Commercial 11/22/2022 License Number Expiration Date CC-0019462 12/31/2023 Category/Subcategory 37 Information relative to your 3-year retraining cycles (Recertification)are indicated in the below tables 11/22/2022 CC-0019462 Page 1 of 2 THE COMMONWEALTH OF MAS SACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 D A R s` 617-626-1700 fax: 617-626-1850 www.mass.gov/agr MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES Recertification/Continuing Education Unit(CEU)Requirements 1 Contact(credit)Hour=50 Minutes Training Credential Type Category Recertification #CEU's Required at Credits Accepted Category Code Date Recertification Date by MDAR Status Commercial Certification 37 12/31/2024 12 0 Active General Requirements and Policy Regarding Number Of Permitted Online/Computer Based CEU's Credential Type Required#of CEU's #of CEU's Permitted for Online/Computer Based Courses Commercial 12 per Category 6 Certification Private Applicator 12 per Category 6 Commercial Applicator 6 3 Dealer 3 1.5 See website for MDAR Pesticide Applicator Continuing Education (PACE) https://www.mass.gov/service-details/pesticide-applicator-continuing-education-pace 11/22/2022 CC-0019462 Page 2 of 2 JOSEPH C. McKINNEY 83 PARSON STREET BRIGHTON, MA 02135 (617) 782-8945 Education Bentley College, Waltham, MA Associate degree in accounting Graduate of PGA Business School, San Antonio, TX Summary Outstanding record as a Class A PGA Professional, providing exceptional management and instructional services to golf clubs in the United States and Canada. Worked with top professionals and amateurs in both countries. Experienced in every facet of the game and club operation, including tournament supervision, pro shop management, and program coordination. 1989-90 Teacher of the Year—recognized by the PGA for superior teaching ability Experience 1996-Present: Pine Meadows Golf Club, Lexington, MA Instructed more than 1,000 patrons of Pine Meadows Golf Club and Pinecrest Golf Club each year through private lessons and clinics to both juniors and adults. Conducted junior and adult clinics in conjunction with the Town of Lexington Recreation Department at the Stone Meadow Driving Range in addition to coordinating clinics at Pinecrest Golf Club with the Town of Holliston Recreation Department. Also initiated programs with Town of Hopkinton and Town of Ashland to introduce more golfers to Pinecrest Country Club. 1982-1997: Charles River Country Club,Newton, MA As Head Teaching Professional,handled full range of teaching responsibilities, including giving over 1,000 lessons each year and providing numerous clinics for women and junior members. Named Teacher of the Year, 1989-1990, by the New England PGA. Presented a television series with WLVI, Boston. References Furnished upon request. ATTACHMENT 3: ORGANIZATIONAL CHART PINE MEADOWS GOLF CLUB ORGANIZATIONAL CHART President William J. Harrison—38 Years Director of Administration Lisa Casey-27 years Superintendent Golf Professional John J. Allen—33 Years Joseph McKinney —48 years Maintenance Staff Pro Shop Staff, Starters and Rangers Gerard McQuillan 10 Years John Cassie 19 Years John McSweeney 10 Years Tony Mendonsa 8Years David Splaine 7 Years Mark Manusco 9 Years Jonathon Kapilian 4 Years Dave Martell 11 Years Other Staff(3) Var Myles Preston 10 Years Eric Baatz 6 Years Guy Jarvis 5 Years Other Staff(5) Var ATTACHMENT 4: RELEVANT EXPERIENCE The pro shop and golf course will be open seven days a week from dawn to dusk throughout the entire golf season. Every effort is made to open the golf course in mid- March and close for the winter months with the first snowfall in early December. Strict accounting controls have been instituted over the years to properly account for all revenues at the golf course. A Point-of-Sale computer system with on-line tee reservations is used in the pro shop to track greens fees, cart revenue, food and beverage sales, and merchandise sales. A copy of the tee sheet is maintained by the starter to control play at the first tee. A POS receipt is issued to each golfer at the time of purchasing a greens fee. The register receipt is then presented to the starter at the first tee before teeing off. The guest must also sign a cart register form if they wish to rent a cart. The cart rental fee is also reflected on the cash register receipt for the starter to review. All daily receipts are reconciled and deposited in the bank daily. All financial information from the daily receipts is entered into the computer at the office of New England Golf daily. Each month the bank statement is reconciled, and monthly reports are reviewed and reported to the recreation department. New England Golf Corporation will continue to operate a small snack bar at Pine Meadows Golf Club. A selection of beverages including coffee,juices, sodas, performance drinks and bottled water will be available. In addition, we will have chips, crackers, cookies and candy available at the pro shop. Due to the limited size of the food preparation and seating areas, it is difficult to offer significantly more than has been offered in the past. We will also continue to offer more healthy food products such as Power Bars and granola bars. The pro shop will continue to be staffed with courteous and friendly personnel to greet golfers when they arrive. Tee times will be maintained seven days a week to maintain an orderly flow of golfers arriving and completing their round of golf. A starter will be on the first tee from dawn to dusk to verify that all golfers have paid the requisite fee and manage the first tee. The pro shop will be stocked with all the necessities of the golfer including golf balls, tees, gloves and apparel. USGA handicaps will be available to all players and maintained by the Massachusetts Golf Association. Push carts will be available for rent for those golfers who wish to walk the golf course and not carry their bag. The course management plan for Pine Meadows Golf Club strives to maintain the highest possible standards of customer service. We provide every golfer with an enjoyable golfing experience during every round of play. Toward that end, we are committed to providing friendly, courteous service and quality products in the golf shop and on the golf course. We are equally committed to providing excellent playing conditions on the course, with carefully maintained tees, fairways and greens of utmost importance. Pro Shop—The pro shop will be staffed from sunrise to sunset each day of the year to collect greens fees and assist customers with pro shop sales. Additional staffing is employed during busy times such as league play, golf tournaments, and outings to ensure a smooth-running operation. A total of five individuals will staff the pro shop during the golf season. Starter/Ranger—A starter/ranger will be employed each day from sunrise to sunset to collect receipts and monitor play throughout the golf course. Rangers will enforce the rules of play when necessary and address any concerns of the customers. A total of seven individuals will fill the position of starters and rangers during the golf season. Course Maintenance—The superintendent will oversee a staff of seven individuals in the maintenance of the golf course during the peak season of May through October. Staffing will be reduced to four individuals in the off-season. A typical work schedule ranges from 6 a.m. to 3 p.m. during the week, and from 6 a.m. to 9 a.m. on weekends. The maintenance standards outlined in Exhibit H are an excellent set of maintenance practices for the work to be performed on the greens, tees, fairways, roughs and bunkers. Regular filling of divots on the tees will be done every week and divots on the fairways will be filled on a bi-weekly basis. The plantings throughout the golf course will be cleaned, pruned and mulched each spring. Periodic weeding will take place throughout the season and any damaged plantings will be replaced in the fall. A copy of our fertilizer and pesticide program for the golf course is attached. The Town of Lexington has provided all the necessary equipment for us to provide excellent playing conditions at Pine Meadows Golf Club. If certain specialty equipment is required for a certain maintenance function or project, we would generally provide the equipment from our inventory at the other golf courses under management. Such items may include a seeder, sod cutter or aerator. In the event a maintenance procedure is required for which neither the Town nor New England Golf has the item then we would rent the piece of equipment or subcontract out the service. Such procedures include the deep-tining of the greens and tees. The golf course maintenance staff is on a regular program of maintaining the equipment. The golf course equipment must be in excellent working condition to provide quality playing conditions for the public. Before starting any piece of equipment, the fuel and oil levels are all checked. When the equipment is put away for the day it is thoroughly washed. Any operating problems or concerns are brought to the attention of the superintendent. All the equipment is greased regularly, and the oil is changed regularly. Each winter the reels are all sharpened, and a complete maintenance checklist is performed on each piece of equipment. The annual maintenance includes the checking of all safety controls and shields, replacement of bedknives and any other worn parts, and the tuning of the equipment. The superintendent and maintenance staff can perform most of the required maintenance of the equipment. John Allen has also attended Jacobsen Mechanic School in Wisconsin for training. The golf carts are cleaned after each round and washed daily before being stored for the evening. The level of water in the batteries is checked periodically and most other maintenance is performed by the outside contractor every week. The irrigation system is tested in the spring and any breaks or leaks that occurred over the winter season are repaired. The irrigation system is drained at the end of the season with the use of an air compressor to eliminate any breaks over the winter season. Protection of the environment has been a widely discussed topic throughout the golf industry. Every effort is made to provide environmentally safe and positive programs and techniques for golf course management. New England Golf Corporation employs an Integrated Pest Management Program (IPM) to reduce the negative effects on the environment in applying pesticides. Wetting agents are used periodically to improve playing conditions and reduce irrigation requirements. An aggressive maintenance program is followed to promote healthy turf grass, thereby minimizing the need to apply pesticides. If pesticides are applied, they are spread by a licensed pesticide applicator using the prescribed rates of the product by the manufacturer. The turf grass is monitored daily to identify any problems associated with the turf. Herbicides with post-emergent control are applied to control any broadleaf weeds and crabgrass. Insecticides are only applied when the population of the target pest is at a level that could cause significant damage to the turf. Fungicides are applied to the greens, tees, and fairways as needed during the summer months to control dollar spots, brown patches, and other diseases. The irrigation system is monitored daily for proper operation by the course superintendent. A high-pressure test is administered each spring and any discovered leaks are immediately repaired during the golf season. Irrigation is done at night and during the early morning to minimize evaporation. An application of growth regulators and wetting agents are periodically applied to reduce water usage. The Superintendent will continue to perform soil testing in the spring each year. Based upon the results of the soil tests we will apply the necessary nutrients to maintain the soil with the proper pH, fertility and other nutrients to ensure excellent growing conditions for the turf grass during the golf season. Our turf maintenance program is second to none. We have the necessary resources in the form of personnel, equipment and financial strength to ensure excellent playing conditions throughout the entire golf season. We strive to improve maintenance practices to lessen any negative environmental impact while providing consistent playing conditions that the public demands and expects. Pine Meadows Golf Club Fertilizer and Pesticide Program_ GREENS Greens are fertilized monthly with a 20-3-20 product applying approximately ``/Z lb. Nitrogen per 1,000 square feet during the growing season of April 15`' through October 15th. A dormant feed is applied in late fall. Soluble fertilizer is applied when needed with application of fungicides during the season. A pyrethroid insecticide is applied twice in the spring to control the annual bluegrass weevil, as a preventative measure. An additional application is made on an as needed basis during the season if conditions warrant. Emerald is applied to protect green and collar surfaces against dollar spot. A second application is made in late August. A rotation of contact and systemic fungicides is applied monthly to control turf grass diseases throughout the season. Contact fungicides, such as Chlorothalonil, are tank mixed with systemics, such as Propiconazole products, applied at recommended rates and time intervals, during the growing season. A fungicide to control pythium will be applied to greens in July and August if weather conditions warrant. Wetting agents and micronutrients are applied as needed based on the results of soil tests taken in the spring or existing conditions in the summer and fall. The products include gypsum, roots, magnesium, and lime. Tebuconazole is applied to greens prior to snowfall for protection against turf grass diseases during the winter months such as pink and gray snow mold. TEES Tees are fertilized monthly with a 20-3-20 product applying approximately 1/4 lb. of Nitrogen per 1,000 square feet from April through October. Dimension is applied in the spring to control crabgrass. Broad spectrum fungicides are applied in June, July, and August to control dollar spot, brown patch, and other turf grass diseases. An application of Tebuconazole fungicide is applied in November for protection against turfgrass diseases. A selective herbicide is spot sprayed for broadleaf weeds in spring or fall. FAIRWAYS 19-0-6 with .10 Dimension fertilizer is applied in late April at a rate of 1.5 lb. Nitrogen per 1,000 square feet to control crabgrass. A post emergent herbicide is applied, should thresholds be exceeded for the control of crabgrass and goosegrass. A combination fertilizer, 21-3-8 with .2 Merit, will be applied in June to control grubs and soil born insects. Fairways are fertilized in September at a rate of 1.5 lb. Nitrogen per 1,000 square feet. Fungicide applications are applied to fairways to control dollar spot, brown patch, and other turf grass diseases in June, July, and August. Herbicides are applied as needed in the spring and fall to control broadleaf weeds including clover and dandelions. An application of Tebuconazole fungicide is applied to fairways to control winter snow mold turf diseases. Roughs Fertilizer, 19-0-6 with .10 Dimension is applied in April, .75 lbs/1000. 21-3-8 with .20 Merit fertilizer is applied in mid-June at .75 lbs/1000. September fertilizer is applied at .75 ibs. Nitrogen per 1,000 square feet. Post emergent herbicide is applied as needed in the spring and fall to control broadleaf weeds. ATTACHMENT 5: PROGRAMS AND SERVICES FOR LEAGUES, YOUTHS, ADULTS, SENIORS AND SCHOOLS In this highly competitive market, every effort must be made to retain core golfers and attract new players to the game. While we strive to provide excellent customer service and expertly maintained turf consistently, additional promotional programs must be available to retain both core golfers and attract new ones. New England Golf Corporation understands the importance of generating interest and increasing play among junior, senior, league, and adult golfers. Participation resulting from league play has proven highly successful over the years at Pine Meadows Golf Club. In addition to the popular afternoon leagues, we have added several active morning leagues as well. The Arlington Recreation Department continues to sponsor a group of sixteen individuals for ten weeks on Wednesday mornings. Moreover, Pine Meadows Golf Club also saw increased participation among the Tuesday morning Pinecones Golf League as well as the Monday and Thursday morning Senior Golf League. A complete schedule of league play is attached. Concerning juniors and seniors, the reduced greens fee has been well received by senior players. The reduced rate is available Monday through Thursday before 3 p.m. throughout the entire golf season. We will also continue the six-week junior league during the summer months. Different programs are implemented for the various age groups to balance competitive golf with an enjoyable golf experience. Both golf instruction and the rules of golf are covered under this program, which has been well received. We intend to continue this program at Pine Meadows Golf Club in conjunction with the Town of Lexington Recreation Department. Class A PGA Golf Professional Joe McKinney is planning to return to Pine Meadows Golf Club for another season. He has maintained an excellent working relationship with management and the pro shop staff over the past twenty-eight years and looks forward to once again providing instruction to patrons of Pine Meadows Golf Club. Joe is available seven days a week to provide lessons, instruction, and clinics to juniors, seniors, and adults. Many of the lessons develop into players who enjoy playing Pine Meadows regularly. He is always available to address any issues concerning the rules of golf, tournaments, and pro shop merchandise. We will continue to make allowances in the form of available tee times for the Lexington High School Golf Team at Pine Meadows Golf Club during the golf season as well as during non-peak hours during the summer months. Tee times will also be set aside for the Minuteman High School Golf Team. Pine Meadows Golf Club Golf Leagues 2023 Day Participants Time Monday Senior League 32 8:30-9:30 Tommy Z 32 3:00-4:00 Fitz Hackers 16 4:00-4:30 Tuesday Pinecones 60 7:00-9:00 Hanscom 20 3:15-3:45 Knights of Columbus 24 3:45-4:30 LPGA Amatuer 20 4:30-5:15 Wednesday S.E. Italian Club 12 3:15-3:45 EMCO 12 3:45-4:15 Lex Minuteman 12 4:15-4:45 Early Risers 20 6:00-6:45 Thursday Senior League 32 8:30-9:30 LIMIRUS 24 3:45-4:30 Long Balls 16 4:30-5:15 Friday Menotomy 44 3:00-4:3 0 ATTACHMENT 6: PROPOSED FEE SCHEDULE Based on a survey of rates of surrounding golf courses which are attached, New England Golf Corporation proposes the following rates for the next three years: Item 2024 2025 2026 Weekday Resident Junior/Senior $20 $21 $21 Weekday Resident 22 23 23 Weekend Resident 24 25 26 Weekday Non-Resident Junior/Senior $21 $22 $22 Weekday Non-Resident 25 26 26 Weekend Non-Resident 27 28 29 Golf Cart $12 $12 $13 Single Rider Golf Cart 14 14 15 Resident and Non-Resident rates for Juniors and Seniors apply Monday through Thursday before 3 p.m. If economic conditions warrant, we will reintroduce the Discount Card to Lexington residents and the Replay Program during the season as well as propose new programs based on the constant review and analysis of financial results over the course of the season. Attached is a survey of rates and a sample of monthly financial reports for three courses under management. Survey of Rates 2023 Pine Meadows Fresh Pond Country Club Swanson Meadows Woburn Country Golf Club Golf Club Billerica Golf Club Club Weekday Resident JR/SR $ 20 $ 20 $ 19 $ 20 $ 18 Weekday Resident $ 22 $ 24 $ 25 $ 27 $ 24 Weekend Resident $ 24 $ 30 $ 30 $ 30 $ 26 Weekday Non-Resident JR/SR $ 21 $ 20 $ 19 $ 20 $ 20 Weekday Non-Resident $ 25 $ 27 $ 25 $ 27 $ 26 Weekend Non-Resident $ 27 $ 30 $ 30 $ 30 $ 28 Golf Carts $ 12 $ 12 $ 12 $ 12 $ 12 Push Carts $ 4 $ 5 $ 5 $ 5 $ 5 Replay NA $ 11 $ 14 $ 14 $ 12 Senior 60 and over 65 and over 60 and over 62 and over 62 and over Junior under 17 under 18 n/a under 12 under 18 Discount Card No No No 12 rounds for 10 No Memberships No Yes Yes yes Yes All of the above rates are for 2023. I expect Woburn may raise there rates in 2022 as they have been the same for at least three years. Patriot Golf Course fees are$26 weekdays and$28 weekends. Fresh Pond has hundreds of memberships$600 senior and$930 individual LL� Mini Profit & Loss Report From: June 1, 2023 To: June 30, 2023 Sales Sales/Lexington Cart Rentals 23,384.00 Green-Fees- 163,588.00 Sub Total: $186,972.00 Sales Food and Beverage 2,076.26 Golf Merchandise 3,120.49 Push Carts 2,192.00 Sub Total: $7,388.75 Section Sub Total: $194,360.75 Liabilities Gift Cards 1,543.00 Section Sub Total: $1,543.00 Departmental Credits $195,903.75 Payment Types Reported Sales Tax $460.49 Cash $30,126.81 Credit Card $156,098.43 Sales Tax 2 $0.00 Check $9,018.00 Tips $0.00 Debit Card 0.00 Svc Chrg $0.00 Sub-Total $195,243.24 Gift Certificate 0.00 Total Credits $196,364.24 Event Credit 0.00 Member Acct 0.00 Tour Acct Usage 0.00 Rain Check 0.00 Punch Card 0.00 Special Order 0.00 Internet 0.00 Pre-Paid 0.00 Layaway 0.00 Coupon 0.00 Room Charge 0.00 Custom 0.00 Points 0.00 sZen Card $1,121.00 Sub-Total $1,121.00 Total Pymts $196,364.24 Printed:7/1l2023 5:13:09 AM Page 1 A sZen Report Pine Meadows Golf Club Financial Information June 2023 Type Quantity Price Extension Resident Weekday 533 $ 22 $ 11,726 Resident Senior 423 $ 20 $ 8,460 Resident Junior 68 $ 20 $ 1,360 Resident Weekend 474 $ 25 $ 11,850 Non-Res. Weekday 1841 $ 24 $ 44,184 Non-Res. Senior 1164 $ 21 $ 24,444 Non-Res. Junior 52 $ 21 $ 1,092 Non-Res. Weekend 1504 $ 27 $ 40,608 Resident ID Card 1 $ 40 $ 40 League 826 $ 24 $ 19,824 High School 0 $ - $ - Replay Golf Round 0 $ 11 $ - Total 6886 $ 163,588 Discount Card Sale 0 VAR $ - TOTAL $ 163,588 Type Quantity Price Extension Golf Cart Rental 1881 $ 12 $ 22,572 Single Rider Cart 58 $ 14 $ 812 1939 $ 23,384 GRAND TOTAL $ 186,972 PINECREST GOLF CLUB Rounds Played - June 2023 Class Number of Rounds Weekday 18 Holes 0 Weekday 9 Holes 0 Weekday 18 Holes Jr/Sr 0 Weekday 9 Holes Jr/Sr 0 Weekday Season Pass 0 League 0 Weekend 18 Holes 0 Weekend 9 Holes 0 Weekend Season Pass 0 TOTAL 0 PINECREST GOLF CLUB Statement of Revenue - June 2023 Season Pass Dues $ - Greens Fees - Cart Rentals - Merchandise Sales - Practice Range - Other - Total Revenue $ - Southborough Golf Club Statement of Rounds Played June 2023 Weekday 9 Holes 0 9 Holes-Sr/Jr 0 Season Pass 0 18 Holes 0 Weekend 9 Holes 0 Season Pass 0 18 Holes 0 Total 0 Southborough Golf Club Statement of Revenue June 2023 Season Passes $ Greens Fees - Cart Rentals - Food & Beverage - Pro Shop Sales - Total $ - ATTACHMENT 7: CAPITAL IMPROVEMENT PLAN Much of the success at Pine Meadows Golf Club can be attributed to the strong commitment by the Town of Lexington to invest the excess revenue over operating expenses from the golf course into capital improvements for the building and grounds. Over the past twenty-eight years we have recommended many significant improvements, assisting on their design and implementation. The more significant capital improvements to Pine Meadows Golf Club over the period includes: - New maintenance building to store and service equipment - Improved entrance road and parking lot for safety and appearance - Purchase of equipment for improved turf grass quality and playability - Reconstruction of cart paths throughout the golf course - Installation of material storage bins and gas and diesel tank - Installation of improved automatic irrigation system and wells - New netting for safety purposes at the third and fifth tees as well as the ninth green - Reconstruction of the sand bunkers throughout the golf course - Installation of drainage on the fourth hole - Clubhouse improvements to the roof, lighting, windows and heating system - Regrading and shaping of the eighth green - Dredging of the upper and lower ponds - New expanded tees on the golf course - New sign at the entrance - New planting at the fourth and eighth hole - Relocating of the fourth green We have worked with the Town in putting together a five-year capital plan for Pine Meadows Golf Club. The plan was developed from recommendations from recent USGA Turfgrass Reports and the Master Plan for the golf course prepared by golf course architect, Stephen Kay. The five-year plan for capital improvements will ensure continued improvement in the playability of the golf course and maintain our competitive edge against the competition. A continued investment in the golf course will ensure the retaining of the base of our core golfers, attract new golfers and justify periodic price increases resulting in more revenue. In addition to the capital improvements undertaken in conjunction with the Town of Lexington, the following smaller capital improvements were made by New England Golf Corporation as part of its maintenance budget over the years: • Complete renovation of the clubhouse including interior painting, replacement of the carpet and new furniture. • Improved security with the installation of a security system at both the pro shop and maintenance facility. • Installation of a security gate at the entrance to the golf course. • Complete renovation and sodding of the fourth, sixth, seventh and ninth tee. • Installation of drainage on the fourth green and sodding of dead areas on the third, fourth, sixth, and eighth greens. • Construction of a rock planter at the fifth tee and eighth tee and landscape timber planting at the sixth tee and fourth tee as part of a course beautification plan with the planting of annuals, and perennials at most tee areas. • Improved drainage on the first, second, and fourth holes to improve playability. • Installation of yardage markers on each hole at 100, 150, and 200 yards. Marked yardage from every fairway sprinkler head to the middle of the green throughout the golf course. • Installation of new tee signs on each tee. • Constructed a new forward tee on the first, second, and fourth holes. • Re-grading and soding the middle tee on the second hole. • Construction of a practice green at the first tee. • Planting trees on the right side of the eighth hole. • Replacement of engines and major mechanical repairs to equipment as well as furnishing mowers, blowers, trimmers, and other frequently used equipment in the annual maintenance of the golf course. • Assisted in the design and installation of the cart storage area including installation of the Venturi ventilation system for the carts. • Major renovation to the turf grass throughout the golf course providing long- term benefits to the turf grass above and beyond what is called for in the maintenance program including deep tine aerification of tees and greens, multiple slice seeding, and verticutting of greens, tees, and fairways. • Replacement of water stations and purchase of ice machine to service the water stations at the fifth and seventh tee. In our statement of qualifications and experience, we included a summary of capital projects that we have successfully managed at each golf course under management. The projects include major renovations to the buildings and to the golf course. Building projects include new maintenance facilities or clubhouse renovations. Improvements to the golf course include new tee and green construction, bunker renovations, cart path construction, and irrigation and drainage improvements. ATTACHMENT 8: SECURITY PLAN FOR THE BUILDINGS AND GROUNDS Damage to the golf course because of vandalism or unauthorized use can be devastating to both the owner and operator of the golf facility. Not only are you faced with the cost of repairing the damage to the property, but you could also be faced with a significant decrease in revenue as well from not having the course available for play either in whole or in part. We are proud of our proven track record over the years at all our facilities under management and specifically at Pine Meadows Golf Club over the past twenty- eight years. A written safety manual is in place for the safe and secure operation of the premises. The manual includes policies and procedures for the operation of the gasoline and diesel tanks by the maintenance staff and the safe operation of equipment. Controls are in place to safeguard against unintentional errors by pro shop or maintenance staff. These controls include verification of application rates for fertilizer and pesticides by the manager, superintendent, and assistant superintendent We also have a written policy of opening and closing the clubhouse, so the building is secure each evening and all electrical outlets to snack bar service equipment have been turned off. In addition to a locked security gate at the entrance to the golf facility we currently have a central stationed monitored security alarm for both the pro shop and maintenance building. A fire alarm system also monitors the maintenance building. During the winter months, the superintendent is on the premises daily to check the pro shop and maintenance building. Snow is removed from the walkways and the roof of the clubhouse and maintenance building in years of excessive snowfall. In addition, the Superintendent will walk the entire golf course periodically to check on golf course conditions and any damage from trees or adverse winter weather conditions. ATTACHMENT 9: FINANCIAL STABILITY Over the last thirty-six years, New England Golf Corporation has successfully managed seven golf courses under seven separate legal entities. All the operating companies are 100% owned by William J. Harrison, its President. New England Golf Corporation and all its operating companies are financially strong with an impeccable history of paying their suppliers and vendors on a timely basis. The business entity that the Town of Lexington will contract with is Pine Meadows Golf Club, Inc. Pine Meadows Golf Club, Inc. was incorporated in the State of Massachusetts in 1996 for the purpose of managing and maintaining the Pine Meadows Golf Club. The entity has successfully managed the golf course operation for the past twenty-eight years. Annual audited financial statements and an annual Statement of Gross Receipts are provided to the Town each year. I have enclosed a copy of the annual audited financial statements for Pine Meadows Golf Club, Inc. for the last two years. Feel free to contact Stephanie Castaldi at the Bank of America located at 693 High Street in Westwood for any additional financial information. She can be reached at (781) 461-0078. Neither New England Golf Corporation nor any of its operating entities have ever failed to complete any work awarded to them, nor have they defaulted on any contract awarded to them. We encourage you to contact all our references to confirm the excellent working relationships we have with the owners of the golf courses we manage. We are proud of our safety record at each golf course, ensuring that the proper rules and regulations are in place for the safety of our employees, members, and guests. PINE MEADOWS GOLF CLUB, INC. FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPORT FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021 Murphy, Edwards, ' Goncalves Ferrera,PC PINE MEADOWS GOLF CLUB, INC. CONTENTS FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021 PAGE(S) Independent Auditors' Report 1 - 2 Balance Sheets 3 Statements of Retained Earnings 4 Statements of Income 5 Statements of Cash Flows 6 Notes to Financial Statements 7 - 9 Murphy, Edwards, Goncalves 8� Ferrera, PC Certified Public accountants and Business advisors INDEPENDENT AUDITORS' REPORT To the Stockholder of Pine Meadows Golf Club, Inc. Opinion We have audited the accompanying financial statements of Pine Meadows Golf Club, Inc. (a Massachusetts corporation), which comprise the balance sheets as of December 31, 2022 and 2021 and the related statements of income and retained earnings, and cash flows for the years then ended, and the related notes to the financial statements. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Pine Meadows Golf Club, Inc. as of December 31, 2022 and 2021, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Pine Meadows Golf Club, Inc. and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Pine Meadows Golf Club, Inc.'s ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Reservoir Corporate Center 144'Ilrrnpike Road, Suite 340, Southborough, Massachusetts 01772 Tel: 508.229.7900 • [pax: 508.229.202.5 wtvnv. megfcpas.com INDEPENDENT AUDITORS' REPORT (Continued) Auditors' Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Pine Meadows Golf Club, Inc.'s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Pine Meadows Golf Club, Inc.'s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Southborough, Massachusetts January 16, 2023 2 PINE MEADOWS GOLF CLUB, INC. BALANCE SHEETS AS OF DECEMBER 31, 2022 AND 2021 ASSETS 2022 2021 CURRENT ASSETS: Cash (Note 2) $ 141,042 $ 129,407 Total Current Assets 141,042 129,407 DEPOSIT (Note 4) 25,000 25,000 TOTAL ASSETS 166,042 $ 154,407 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Accrued Income Taxes $ 456 $ 456 Total Current Liabilities 456 456 STOCKHOLDER'S EQUITY: Common Stock-No Par Value; 15,000 Shares Authorized; 2,000 Shares Issued and Outstanding 25,000 25,000 Retained Earnings 140,586 128,951 Total Stockholder's Equity 165,586 153,951 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 166,042 $ 154,407 See Independent Auditors'Report and Accompanying Notes to Financial Statements 3 PINE MEADOWS GOLF CLUB, INC. STATEMENTS OF RETAINED EARNINGS FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021 2022 2021 RETAINED EARNINGS-BEGINNING $ 128,951 $ 117,234 NET INCOME 11,635 11,717 RETAINED EARNINGS-ENDING $ 140,586 $ 128,951 See Independent Auditors'Report and Accompanying Notes to Financial Statements 4 PINE MEADOWS GOLF CLUB, INC. STATEMENTS OF INCOME FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021 2022 2021 REVENUES: Management Fee (Notes 2 and 4) $ 445,195 $ 428,674 Push Cart Rentals 12,624 10,888 Merchandise Sales - Pro Shop (Note 2) 24,474 22,104 Food and Beverage Sales (Note 2) 12,573 8,101 Other 56 8 Total Revenues 494,922 469,775 EXPENSES (Note 3): Administrative 65,399 65,894 Pro Shop 110,673 103,366 Food and Beverage 7,252 5,067 Course Maintenance 299,963 283,731 Total Expenses 483,287 458,058 NET INCOME $ 11,635 $ 11,717 See Independent Auditors'Report and Accompanying Notes to Financial Statements 5 PINE MEADOWS GOLF CLUB, INC. STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021 2022 2021 CASH FLOWS FROM OPERATING ACTIVITIES: Net Income $ 11,635 $ 11,717 Net Cash Provided by Operating Activities 11,635 11,717 NET INCREASE IN CASH 11,635 11,717 CASH BALANCE - BEGINNING 129,407 117,690 CASH BALANCE - ENDING $ 141,042 $ 129,407 SUPPLEMENTAL DISCLOSURES: Income Taxes Paid $ 456 $ 456 See Independent Auditors'Report and Accompanying Notes to Financial Statements 6 PINE MEADOWS GOLF CLUB, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2022 AND 2021 NOTE 1 ORGANIZATION Pine Meadows Golf Club, Inc. was organized as a Massachusetts Corporation in 1996 and is situated in the Town of Lexington, MA. The purpose of the Company is to operate, conduct and carry on the business of a golf club, a clubhouse, snack bar and any other related activity. NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation The financial statements are prepared on the accrual basis of accounting in accordance with accounting standards generally accepted in the United States of America. Cash and Cash Equivalents The Company considers equivalent to cash all money market funds and other deposits with an original maturity of ninety days or less from the date of purchase. Cash equivalents are stated at cost which approximates market. Property and Equipment Property and equipment are recorded at cost. The Company provides for depreciation using an accelerated method over a five-year period as prescribed by the Internal Revenue Code. Depreciation is provided under this method for both financial reporting and tax purposes. Maintenance, repairs, and improvements are charged to expense as incurred, except those expenditures which exceed $2,000 and extend the lives of assets that are capitalized. There is no depreciation expense for 2022 and 2021. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires the Company to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results may differ from those estimates. PINE MEADOWS GOLF CLUB, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2022 AND 2021 (Continued) NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Revenue Recognition The Company provides golf course management services to the Town of Lexington, MA based on terms that are outlined in Note 4. Management fees from the golf course management agreement are its principal source of revenue. The management fees are recognized over time as services are rendered and are based on amounts invoiced as that amount corresponds directly to the value of the Company's performance to date. The Company also derives income from merchandise sales and food and beverage sales at the golf course that it manages. These revenues are recognized at the point of sale and when the goods have been transferred to the customer. Income Taxes Effective February 1, 2013, the Company elected to be taxed under the provisions of Subchapter S of the Internal Revenue Code. Under the provisions of Subchapter S, the Company does not pay corporate income taxes. Instead, the stockholder reports his respective share of the Company's taxable income or loss on his individual returns. Therefore, no provision for federal income taxes is reflected in the financial statements for years ended December 31, 2022 and 2021. The Company has adopted FASB ASC 740-10-25,Accounting for Uncertainty in Income Taxes. The Company will record a liability for uncertain tax positions, including interest and penalties, when it is more likely than not that a tax position would not be sustained if examined by a taxing authority. The Company determined that there are no material uncertain tax positions that would impact the financial statements. Subsequent Events Management has evaluated subsequent events through January 16, 2023, the date the financial statements were available to be issued. 8 PINE MEADOWS GOLF CLUB, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2022 AND 2021 (Continued) NOTE 3 RELATED PARTY The Company pays a management fee to a related company of which the majority shareholder is also a shareholder. These payments are included in total expenses. NOTE 4 CONCENTRATION Pine Meadows Golf Club, Inc. renewed its management agreement with the Town of Lexington for a three year period, commencing January 2019, with two one year options for renewal through 2023. The terms of the agreement require that the Company maintain a $25,000 cash deposit with the Town for the agreement term. Management fees are determined by an annual base fee of$330,000 plus a 10% commission of greens fees and electric cart rental revenues that are deposited directly with the Town. For the years ended December 31, 2022 and 2021, management fees under the Town agreement are $445,195 and $428,674, respectively. 9 ATTACHMENT 10: MARKETING PLAN Over the years we have instituted many marketing programs to increase participation from existing core golfers and attract new players at all our courses under management. Specifically at Pine Meadows we introduced the discount card program, replay program, and family golf. The programs are designed to encourage greater participation among the base of golfers, remain competitive in the marketplace, and fill some of the off-peak tee times during the week between l i a.m. and 2 p.m. All the programs have been well received since they were introduced. Since Covid, the popularity of golf has increased dramatically throughout the region. We strive to provide great playing conditions and excellent customer service to attract new players and expand our base. The excellent playing conditions, great customer service, and the recent surge in players have resulted in filling the tee sheet daily without the need to discount rates or expand our marketing strategies to increase play. A website presence is maintained providing online tee times as well as information on leagues, rates, and golf instruction. We have offered similar programs over the years at all our golf facilities under management to encourage more play from juniors, seniors, and adults. Periodically, we have conducted customer satisfaction surveys from players to provide feedback on golf course conditions, programs offered, and suggestions for improvement. The Town of Lexington has a tremendous asset in Pine Meadows Golf Club, one that New England Golf Corporation has been a part of for the last twenty-eight years. During this time, we have achieved much success to the mutual benefit of the Town of Lexington, New England Golf Corporation, and the thousands of golfers who support the club each year. When we first arrived at Pine Meadows Golf Club in 1996, only seven holes were in play and the conditions of the golf course were fair at best, but we saw an interesting opportunity to improve the operation and maintenance of the golf course. Having succeeded in both areas, revenue increased from approximately $450,000 to more than $1,150,000. Over the twenty-eight-year period, the town has realized more than $12M in revenue over the amount paid to the management company. A substantial amount of these funds has been invested in capital projects and equipment for the golf operations contributing to its success. We look forward with great enthusiasm to continuing to manage and maintain Pine Meadows Golf Club. The company has demonstrated the knowledge, experience, and financial strength to assure the Town of Lexington that Pine Meadows Golf Club will be professionally managed and expertly maintained for the duration of the contract term. We are confident that an excellent working relationship will continue to exist with the local community, the Town of Lexington, and the thousands of golfers who enjoy Pine Meadows Golf Club each year. Respectfully submitted, William J. Harrison, President FORM D - CONTRACT CONTRACTUAL AGREEMENT TO PURCHASE #24-02 MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE * Required entry ARTICLE I CONTRACTING PARTIES 1. THIS AGREEMENT made effective by dated signature of the Parties hereto,by and between the Town of Lexington, and Ne 111(eA®a,,,s �r��.� C�-«D, ?tiG. * [Vendor], whose principal office address and state of incorporation are set forth in Section 10.2; and ({/114e.,s3,In /47 ¢A.e ison/ * [Manager],the individual the Vendor has selected to be responsible for carrying out the Awardee's obligations, whose phone number is4(736Yz-7/,�(email address is/)e,,,���/_•✓Tac,�e cvA,(e il;and whose business address is t' o 1-?o,c Ae v L c_�J e3 T L/) v A ,/Yt it ARTICLE 2 SUBJECT OF AGREEMENT 2. WHEREAS,The Town of Lexington desires to retain the Vendor to provide goods and/or services to the Town, and the Vendor is willing to accept such engagement, pursuant to the terms and conditions of this Agreement, including any Additional and Special Terms and Conditions listed in Exhibit C, and the following Request for Proposal [RFP]: RFP#: #24-02 MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE As it relates to provision of the items specified in Appendix A and as hereinafter set forth. 3. NOW,THEREFORE,in consideration of the mutual covenants hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 3 DEFINITIONS "Agreement" means this contract document and all addenda, appendices, attachments, and incorporated references. "Club" means the Pine Meadows Golf Club "Clubhouse"means that building located on the premises containing a snack bar, clubhouse,pro 26 1 Page shop and restrooms. "Complimentary Round"means one round of golf for one person free of charge, as authorized by the Manager or a duly authorized employee thereof. "Contract Term" means the period during which this contract is in effect, including the base term (January 1, 2024 through December 31, 2026), and any extensions permitted under this Agreement, namely, up to two(2) extensions, each for one year, creating a potential total Contract Term of January 1, 2024 through December 31, 2028. "Engineer," "Engineers," "Department of Public Works/Engineering," "Director of Public Works/Engineering," "Department of Public Works/Superintendent of Public Grounds," "Recreation Director" or"Recreation Department"means employees of the various Lexington town departments and their duly authorized agent, designee,or representative, conducting work or services on behalf of the Town Manager or a duly authorized agent, designee, or representative thereof. "Equipment"means all of the machinery, equipment and other personal property described in Exhibit F attached to this Agreement. The parties acknowledge that the inventory attached as Exhibit F was conducted in August 2017 and that the described condition of such Equipment is current as of the date of this Agreement. "Gross Revenues" means the total value of sales, tips,value of gifts, and all other income from transactions including sales of apparel, equipment, and golf rounds, licenses,merchandise, services, space rentals on the Premises,payments by any subtenant, licensee or concessionaire, in, at, from, or arising out of the use of the Premises, whether for wholesale,retail, cash, credit, or otherwise,without reserve or deduction for inability or failure to collect. Gross Revenues shall include,without limitation, sales and services: (a) where the orders therefore originate in, at, from or arising out of the use of the Premises,whether delivery or performance is made from the Premises or from some other place, (b) made or performed by mail, telephone, or telegraph orders, (c) made or performed by means of mechanical or other vending devices in the Premises, (d)which Manager or any subtenant, licensee, concessionaire or other person, in the normal and customary course of its business,would credit or attribute to its operations at the Premises or any park thereof. Any deposit paid to the Vendor and not subsequently refunded shall be included in Gross Revenues. Each installment or credit sale shall be treated as a sale for the full price in the month during which such sale is made, regardless of the time when Manager receives payment therefore. The following shall not be included in Gross Revenues: (1)returns to shippers or manufacturers, (2) cash or credit refunds to customers on transactions (not to exceed the actual selling price of the item returned) otherwise included in Gross Revenues, (3) sales of trade fixtures, machinery and equipment after use thereof in the conduct of Manager's business, (4) amounts collected and paid by Manager to any government for any sales or excise tax with respect to sales or service included in Gross Revenue, (5)the amount of any discount of sales to employees. "Manager" means include the duly authorized individual responsible for general oversight and management of the Premises and operations thereon subject to the terms of this Agreement, as indicated by signature at the top of this agreement. The Manager shall be an individual employed by the bidder to whom this Agreement was awarded through the public procurement process. Manager also includes the Manager's agents, designees, representatives, heirs, executors, administrators, successors and assigns, as applicable. "Non-resident" means any patron on the Premises whose primary residence or domicile is outside the Town of Lexington. "Off-Season"means all days of the calendar year not included in the Season. 27 1 Page "Premises" means the nine (9)hole golf course,known as Pine Meadows Golf Course, and related facilities,including,without limitation, the Clubhouse, irrigation system,pump house, equipment, maintenance building, garage and parking facilities, consisting of approximately 87.88 acres of land with the improvements thereon located in Lexington, Massachusetts, and described in Exhibit E is attached to this Agreement. "Pro Shop" means the portion of the Clubhouse used for sales of golf related items and the collection of usage fees. "Season" means the months in a calendar year(January I through December 31)during which the Premises may be open for golf, subject to any applicable restrictions or caveats in this Agreement. The season will be April 1 through December I each year. The Season also includes any days outside of those dates that the Town and the Manager mutually agree in writing to open the Premises for golf play. "Resident" means any patron on the Premises whose primary residence or domicile is within the Town of Lexington. "Snack Bar" means the portion of the Clubhouse used for the preparation and sales of snack foods. "The Town"means anyone working on behalf of the Town, specifically the Town Manager or the Select Board and any duly authorized agent, designee, or representative thereof. The Town Manager is duly authorized to act on behalf of the Town directly or through their designee; however, the Town Manager shall incur no personal liability by reason of the execution of this Agreement or anything contained in this Agreement. "Vendor"means the business entity the Town selected for management of the Pine Meadows Golf Club through the public procurement process as prescribed in G.L. c. 30B, § 1, et seq. ARTICLE 4 ENGAGEMENT OF THE VENDOR 4.1 The Town hereby engages the Vendor,having accepted the Vendor's proposal,to provide goods to and/or perform certain services for the Town, as described in this Agreement. 4.2 In the performance of service under this Agreement, the Vendor acts at all times as an independent contractor. There is no relationship of employment or agency between the Town and the Vendor, and neither party shall have nor exercise any control or direction over the method by which the other performs its work or functions aside from such control or directions as provided in this Agreement which the parties view as consistent with their independent contractor relationship. 4.3 The Manager shall keep itself fully informed of all state and national laws, and municipal ordinances and regulations in any manner affecting the maintenance and operation of the Premises, or the materials used in the Premises, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Manager shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Town and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree,whether by Manager or Manager's agents or employees. The Manager acknowledges and agrees that it will use reasonable efforts with regard to future hiring to comply with the Lexington Affirmative Action Policy Statement attached hereto as Exhibit C and incorporated herein by reference. 28 1 Page ARTICLE 5 PARTIES' REPRESENTATIONS AND WARRANTEES 5.1 The Vendor will provide the goods and/or services as described in the RFP and cited in this Agreement. 5.2 The Vendor shall report, and be responsible, to the Town or its designee as set forth on Exhibit B. 5.3 There shall be no modification to the list of goods, including substitutions of specific products offered in the Vendor's bid, or amendment of the scope of services provided for in this Agreement, without the prior written approval of the Town. The Town of Lexington shall be under no obligation to pay for any goods or services not so authorized, and the Town reserves the right to receive all revenues derived from unauthorized services or goods. 5.4 Vendor's representations. The Vendor represents and warrants to the Town as follows: 5.4.1 That it and all its personnel(whether employees, agents or independent vendors) are qualified and duly licensed as required by law and/or local municipal code to provide the goods and/or services required by this Agreement; 5.4.2 That it further agrees to perform all services in a professional manner adhering to a reasonable standard of care and in accordance with all applicable State and Federal laws, rules and regulations; 5.4.3 That it will obtain any and all permits, bonds, insurances and other items required for the proper and legal performance of the work; 5.4.4 That it is not and will not become a party to or otherwise bound to any agreement, contract, or understanding which would in any way impair or prevent the fulfilment of any of its obligations under this Agreement; 5.4.5 That it does not now, and will not during the term of this Agreement, conduct business with parties located in or supported by countries identified by the U.S. government as funding, harboring, supporting, promoting or otherwise facilitating terrorist organizations or activities, nor will it provide goods or services produced under such circumstances or by the same; 5.4.6 That it will operate the Premises as set by local and national standards and following all Town by-laws and to operate all facilities in connection with the Premises as hereinafter provided; and 5.4.7 That it has inspected the Premises and agrees to operate the Premises in"as is" condition. 5.5 Town's representations. The Town represents and warrants as follows: 5.4.8 That it will peaceably occupy, manage and operate the Premises, including,without limitation, the golf course and the Clubhouse throughout the Contract Term; 5.4.9 That the Premises may be lawfully used for these purposes during the Terrn of the Agreement, and that it will not take any action which would adversely affect the use of the Premises as a golf course open to the public during the term of the Agreement; and 5.4.10 That it will undertake and prosecute,at its own expense, all judicial or other actions required to assure quiet and peaceable conditions for the management and operation by the Manager. 291Page ARTICLE 6 USE AND OPERATION OF THE PREMISES 6.1 Operation of Premises as Public Golf Course. Throughout the Contract Term, the Manager shall continuously use and operate the Premises as a nine-(9) hole golf course available for use by the general public on a non-discriminatory basis. The Premises shall be operational and open to the public for use as a golf course subject to the provisions of this Agreement, for the entire Season. With the written consent of the Town, which shall not be unreasonably withheld, the Manager may open the Premises for operation outside the default Season. Changes to the Season must be made in writing and agreed to by both the Town and the Vendor or Manager, if the latter is so authorized by the Vendor. Subject to this Agreement, Manager shall have control and discretion in the management and operation of the golf course and of all of the golf facilities, equipment, machinery and properties relating thereto, subject to the discretion and control expressly granted to the Town herein. The Manager's specific duties include, but are not limited to the following: 6.1.1 Operate the golf course in a professional manner so as to ensure timely pace of play and exceptional customer service while providing an overall satisfactory experience for golf course patrons. 6.1.2 Operate the golf course with sufficient personnel to collect fees,rent carts, arrange for tee times, and provide starters and rangers to insure a continuous flow of play. 6.1.3 Maintain the Premises during the Contract Term and in the manner as set forth in Exhibit H attached hereto and incorporated herein by reference, and shall perform such maintenance as needed and in accordance with applicable permitting and other requirements, including but not limited to the repair of footbridges,cart paths, and buildings, and the cutting or rooting up of turf, hedges or bushes upon the Premises. Consistent with this Paragraph, the Manager shall neither commit nor permit to be committed waste nor public or private nuisance on the Premises, and shall defend the Premises against the same. Following closing the Premises to the public on or about December 1 of each year during the Term of this Agreement, the Manager shall take such actions and precautions as may be necessary to protect the Premises from damage due to weather, trespass,vandalism, or any other hazard while the Premises are not open to the public for use as golf course. The course,the Town or its agents will keep both the road leading from Cedar Street to the Clubhouse on the Premises and the parking lots in the area of the Clubhouse free of snow and passable to allow vehicular access so that the Manager and its agents can inspect and maintain the buildings and equipment located on the Premises during the Term of the Agreement. 6.1.4 Establish and maintain, subject to the terms of this Agreement and approval by the Town, rules and regulations for the appropriate use of the Premises. Manager shall be responsible for advising the patrons of such rules and regulations, publishing them conspicuously throughout the Premises, and for enforcing the same through fees, access restrictions, or any other reasonable measure. 6.1.5 Keep the Premises free from debris,trash, garbage, brush and other unsightly matter, and shall provide at its expense full trash removal at least once every week. Maintain the sewer system. All grassed areas shall be maintained by Manager, and trees, shrubs and brush shall be trimmed and landscaped areas kept clean and free of debris. The Pro Shop, Clubhouse, Snack Bar and other facilities shall be kept in a clean, operational, and safe condition, including lavatory facilities. 6.1.6 Safeguard Town's property on the Premises by daily locking the Clubhouse and all other facilities and storing and properly securing Town's golf carts and maintenance equipment. The golf course, all associated practice areas,the Clubhouse and other related facilities should be open and available for use on a schedule mutually agreed upon by the Manager and the Town. The 30 1 Page Manager shall provide an electronic security system with 24 hour monitoring and response. 6.1.7 Establish and maintain security for the premises, including but not limited to cameras or camera systems capable of recording and storage, alarms connected to an emergency service, adequate lighting, and any other measure the Town may reasonably require. If the Town requires any security measure that uses a subscription,the Town will pay for the subscription. 6.2 All employees of the Manager or Vendor shall be competent persons to maintain and operate the Premises. Whenever the Town Manager shall notify the Manager that any person hired by Manager is, in his opinion, incompetent, discourteous,disorderly or otherwise unsatisfactory,such person shall be discharged and shall not again be employed under this Agreement, except with the consent of the Town. All employees must have passed Criminal Offender Record Information (CORI) check by the Commonwealth's Criminal History Systems Board. 6.3 The Manager acknowledges that no trade or occupation shall be conducted in the Premises or use made thereof which will be unlawful, improper, noisy or offensive. The Manager agrees that all use of the premises, and the items described in Exhibit B,under the Agreement shall be in accordance with the applicable laws and all permit and licensing requirements. The Manager will comply with all OSHA requirements and ASNI standards. 6.4 It is expected that the management company will work with the USGA and have the course professionally evaluated two times per year. One evaluation in the spring and one evaluation in the fall. The management company will set up the evaluation meeting and will include representatives from the USGA, the town and management company. The management company will incorporate the USGA recommendations into their daily work plan.The Town of Lexington will pay for two half-day evaluations. 6.5 In furtherance of each party fulfilling its obligations hereunder,a representative of the Manager shall attend scheduled meetings with the Town Manager's delegate(s) each calendar month, at which time a Manager's status report of golf course operations, equipment and conditions will be reviewed. The report shall include such additional advice as to capital improvements and maintenance as the Manager deems appropriate, and shall include an assessment as to the conformance of any work in progress,whether done by the Town or the Manager,to proper safety and golf course parameters. Meetings are typically set as a reoccurring monthly meeting to occur on the same day and time each month. Exceptions may include an evening meeting to accommodate a tour with the Recreation Committee and potential on-site and off-site meetings to discuss capital improvements. 6.6 The Manager may obtain, at its sole expense, a license for the sale of liquor to be drunk on the premises. Except for in circumstances expressly approved by the Town, alcohol must be served in the main building, or in an adjacent, covered area to be designated with the consent of the Town, and may not be consumed, if anywhere, outside of those areas. 6.7 The Manager may, with the express and prior consent of the Town, in the Town's complete discretion, allow third parties to rent space at the Club for events, provided that such reservations are not for more than twenty-four(24)hours per reservation, and for no more than seventy-two hours cumulatively per third party, per month. 6.8 The Manager may host golf-related food events(e.g., breakfast tournaments, lunches, dinners, etc.)with the express and prior permission of the Town, which shall not unreasonably be withheld. The Manager will be responsible for all applicable permits, licenses, and other aspects of the event, and must abide by all applicable zoning, nuisance, and other bylaws. ARTICLE 7 FEES, REVENUE, ACCOUNTING,AND TAXES 311Page 7.1 Fees charged to the public. The Manager shall charge fees for various privileges, services, and activities on the Premises as set forth below: 7.1.1 Manager shall charge"Greens Fees"for the use of the golf course by the general public, such Greens Fees to be recommended by the Manager, subject to the Town's approval. Such fees shall be charged through the Pro Shop in person or through the online point of sale system without exception. 7.1.2 The Town shall supply electrified motorized golf carts for use by patrons of the golf course. Manager shall, at its expense,keep the golf carts clean and available for daily use. The Manager shall also, at its expense, conduct basic maintenance (including preventative maintenance) on all golf carts. However, if a golf cart requires maintenance or repair beyond what the Manager is able to provide, the Manager shall contact the Town, who, at its expense,will provide for such maintenance or repair using its agreement with the leasing company. Golf cart rental rates shall be recommended by the Manager, subject to the Town's approval. The Manager shall charge golf cart rentals through the Pro Shop cash register,without exception. There are 20 electric golf carts and two utility carts at the course. 7.1.3 The Manager shall provide golf instruction at an hourly rate and on a schedule mutually agreed upon between the Town and the Manager. 7.2 Revenue tracking and reporting.The Manager shall be responsible for receiving, recording, verifying, and reporting all Revenue to the Town on a monthly basis. Such monthly revenue reports must be in a format prescribed by the Town, include categories of revenue(e.g., concession, merchandise, greens fees, etc.) with a cover page signed by the Manager attesting to the validity and accuracy of the report and the dates covered. The Manager's other responsibilities and duties with regard to Revenue is as follows: 7.2.1 The Manager shall account for all sales of food and beverages. The Manager shall obtain all licenses and permits necessary to operate the Snack Bar in compliance with all applicable statutes, bylaws, ordinances and regulations. 7.2.2 The Manager shall account for all revenues, however derived. 7.2.3 The Manager shall deposit all cash Revenue electronically on a monthly basis into the Town's Pine Meadows operating bank account(the"Operating Account"), and shall furnish to the Town cash register tapes and other supporting documentation reasonably requested by the Town to substantiate the daily Gross Revenues, and all other receipts, as provided herein. This shall be submitted weekly to the town. 7.2.4 The Manager shall deliver to the Town Manager(i) on or before the fifteenth (151h) day following each calendar month during the Tenn(including the fifteenth(151h) day of the month following the end of the Term) a written statement(in the form required by the Town) signed by the Manager showing the amount of Gross Revenues for such calendar month(including in its first report the amount of Gross Revenues of the fractional calendar month, if any, at the commencement of the Term); and(ii)within thirty(30) days after the close of each year of the Term and after the termination of this Agreement, a statement of Gross Revenues for the preceding year, such annual statement to be certified by an independent certified public account. 7.2.5 The Manager shall also provide an end of the year report to the Town of the rounds and revenue collected,to be completed by a Certified Public Accountant. If the Manager shall fail to deliver such certified annual statement to the Town within said thirty(30) day period, the Town shall have the right thereafter to employ an independent certified public 32 1 Page accountant to examine such books and records, including, without limitation, all records required by this section, as may be necessary to certify the amount of Gross Revenues for such year, and the Manager shall pay to the town the cost of such audit upon demand. 7.2.6 The Manager shall collect, account for, report and disburse to the appropriate governmental authority or authorities any and all taxes levied on operations conducted on the Premises, including,without limitation, sales taxes and employment taxes. 7.2.7 All transfers of non-cash revenue, as well as monthly reports made to the Town must be done electronically. 7.2.8 A duplicate sales slip, invoice or non-resettable cash register receipt, serially numbered, or such other device for recording sales as the Town approves, shall be issued with each sale or transaction, whether for cash, credit,or exchange. 7.3 The Manager shall keep and preserve for at least seven 7) years following each year of the Term, and during the Term shall keep at the Manager's Notice Address, original or duplicate books and records which shall disclose all information required to determine and verify Gross Revenues(the "Manager's Records"). For purposes of this Agreement, the Manager's Records shall mean the gross income, sales and occupation tax returns with respect to each year during the Term and all pertinent original sales records;pertinent original sales records shall include,without limitation: (1) cash register tapes, including tapes from temporary registers; (2) serially numbered sales slips; (3) the originals of all mail orders at and to the Premises; (4)the original records of all telephone orders at and to the Premises; (5) settlement report sheets of transactions with subtenants, concessionaires and licensees; (6)the original records showing that merchandise returned by customers was purchased at the Premises by such customers; (7)memorandum receipts or other records of merchandise taken out on approval; (8)such other sales records if any,which would normally be examined by an independent accountant pursuant to accepted auditing standards in performing an audit of the Manager's sales; (9) the records specified in (1)to(8)above of subtenants, assignees, concessionaires or licensees. Upon forty-eight(48)hours' notice to the Manager, the Town or any mortgagee or Ground Lessor, their agents and accountants shall have the right during business hours to make any examination or audit of the Manager's Records which the Town or such mortgagee or Ground Lessor may desire. If such audit shall disclose a liability in any year from Gross Revenues in excess of the Gross Revenues previously paid for such year,the Manager shall promptly pay such liability. Should any such liability for Gross Revenues equal or exceed three percent(3%) of the Gross Revenues previously paid for such year,the Manager shall in addition, promptly pay the cost of audit and interest at the rate of 18% per annum on all additional Gross Revenues then payable, accruing from the date such additional Gross Revenues should have been paid. In addition, it shall be deemed to be an Event of Default hereunder if any such liability for Gross Revenues equals or exceeds five percent (5%) of the Gross Revenues previously paid for such year. 7.2 The Manager shall be permitted to use discounts, promotions, and other deals designed to entice additional business, provided such discounts, promotions, and other deals reduce the cost of the service or good to which they are applied by more than twenty(20) percent. The Town reserves the right to provide written approval,upon request, for any discount, promotion, and other deal that exceeds twenty(20)percent. 7.3 Complimentary Rounds.The Manager shall have the discretion to give Complimentary Rounds to patrons, subject to the following conditions: 7.3.1 A record of Complimentary Rounds will be kept and reported to the Town: (1) separately; and(2) as part of the monthly Gross Revenue reports. 7.3.2 Complimentary Rounds must fall into one of the following categories 33 1 Page (A) Remedial—where the Manager determines that a Complimentary Round is appropriate to remedy some deficiency in the experience of a patron (B) Promotional—where a Complimentary Round given as part of a temporary, marketed measure designed to increase patron throughput (C) Discretionary—where the Manager determines that the granting of a Complimentary Round is warranted due to considerations such as the patron's loyalty to the Club or the patron's relationship (personal or professional) to the Vendor or Manager 7.3.3 The Manager may not provide more than [NUMBER] combined promotional or discretionary Complimentary Rounds per month. Reports of all remedial Complimentary Rounds must be accompanied by an explanation of the name of the patron and the deficiency it was intended to remedy. 7.3.4 The Manager is not permitted to provide Complimentary Rounds to Town employees, officials, or staff. This shall not preclude the Manager from allowing Town employees, officials, or staff from taking advantage of the Resident rates,if applicable. 7AWith the express and prior consent of the Town, in its complete discretion, the Manager or the may operate a business entity that they own or manage,provided that such business entity: (1) is related to the operation of a golf course; (2) does not directly compete with any facet of the Club's revenue-generating operations; and (3) does not interfere with the Manager's obligations under this Agreement. Any proposal to for the operation of said related business entity must include a description of the business, expected revenue,the duration of its operation at the Club, and any other information which the Town may reasonably require. 7.5 The revenue from any related business entity authorized by the Town under Section 7.5 of this Agreement may be kept for the sole benefit of the Manager,provided that such revenue does not exceed fifteen (15)percent of the revenue kept by the Manager from the management of the Club under this Agreement. Any revenue generated for the sole benefit of the Manager beyond fifteen(15) percent shall be shared with the Town at a rate of fifty(50) percent. Such operation of a related business is also subject to review by the Town, and/or by the State Ethics Commission, to ensure that there are no conflicts of interests. ARTICLE 8 UTLITIES AND THE TOWN'S EXPENSES 8.1 Manager's expenses. In addition to the financial obligations contained elsewhere in this Agreement, the Manager shall be responsible for the payment of the following utilities and expenses: 8.1.1 All electricity costs on the Premises during the Season 8.1.2 All heating(gas or electric) costs on the Premises during the Season 8.1.3 Fifty(50)percent of the total costs of water for irrigation at the Premises during the Season 8.1.4 All costs for internet and cable, should the Manager decide to provide such services 8.1.5 All employee wages, salaries and benefits, except as otherwise expressly provided in this Agreement 8.2 Town's expenses. In addition to the financial obligations contained elsewhere in this Agreement, the Town shall be responsible for the payment of the following utilities and expenses: 8.2.1 Water for irrigation is provided through the on-site ponds. In the event of severe 34 1 Page drought or other occurrence that prevents the Manager from utilizing the ponds, the Manager will be responsible for all costs of water for irrigation at Premises during the Season. 8.2.2 All of the costs of water for irrigation as needed during the Off-Season 8.2.3 All of the electricity costs on the Premises during the Off-Season 8.2.4 All of the heating costs on the Premises during the Off-Season The Manager shall be responsible for the timely payment of all costs of operation associated with the management, maintenance and operation of the Premises, including,without limitation, employee wages, salaries and benefits, except as otherwise expressly provided in this Agreement. The Manager shall provide, at its expense,water/sewer and electricity reasonably required for the operation and maintenance of the Premises. The Manager shall provide and pay, at its sole expense,for any utilities required by the Manager for the operation and maintenance of the Premises including heat,telephone, cable television, and any other utilities required by the Manager. The Manager shall bear the cost of all gasoline&diesel and shall,at its expense,provide all oil, lubricants and other fluids for the operation and maintenance of all equipment including, without limitation,the golf carts (unless the Town has made other arrangements therefor). ARTICLE 9 REPAIRS,ALTERATIONS AND IMPROVEMENTS 9.1 Repairs. From and after the date that possession of the Premises is delivered to the Manager and until the end of the Term, the Manager shall keep the Premises and every part thereof in good order, condition and repair, reasonable wear and tear and damage by unavoidable casualty only excepted; and the Manager shall surrender the Premises at the end of the Term in such condition. Without limitation, the Town shall not be responsible to make any improvements or repairs other than as expressly provided in this Agreement. Whenever the Manager shall make repairs,alterations,decorations, additions,removals, or improvements in or to the Premises: 9.1.1 No material or equipment shall be incorporated in or added to the Premises in connection with any such repair, alteration, decoration, addition,removal or improvement which is subject to or claimed to be subject to any lien, charge, mortgage, or other encumbrance of any kind whatsoever or is subject to any security interest or any form of title retention agreement. Any mechanic's or materialman's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to the Manager,shall be immediately discharged by the Manager, at the Manager's expense, by filing the bond required by law or otherwise. If the Manager fails so to discharge any lien,the Town may do so at the Manager's expense and the Manager shall reimburse the Town for all expenses and costs incurred by the Town in so doing immediately after rendition of a bill therefor by the Town to the Manager. 9.1.2 All installations or work done by or for the Manager shall be at its own expense and shall at all times comply with(i)laws, rules, orders and regulations of governmental authorities having jurisdiction thereof; (ii) orders,rules and regulations of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions, and governing insurance rating bureaus; (iii)plans and specifications (which shall be prepared by and at the expense of the Manager)theretofore submitted to and approved in writing by the Town. Whenever Manager shall request approval by Town or Town's architect of plans, drawings, specifications or otherwise with respect to initial alteration of the Premises, subsequent remodeling thereof, installation of signs including subsequent changes thereof, or the like, 35 1 Page Manager specifically agrees promptly to pay to the Town's architect (or reimburse Town for the payment Town makes to said architect)for all charges involved in the review(and re-review, if necessary) and approval or disapproval thereof whether or not approval shall ultimately be given. 9.1.3 The Manager shall procure all necessary permits before undertaking any work in the Premises and shall do all such work in good and workmanlike manner, employing new materials of first quality and shall defend, save harmless, exonerate and indemnify the Town from all injury, loss or damage to any person or property occasioned by such work. The Manager shall cause contractors employed by the Manager to carry and maintain in force during the continuance of any work being performed for the Manager Worker's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability hnsurance and Automobile Liability Insurance covering such contractors on or about the Premises in amounts reasonably acceptable to the Town and to submit certificates evidencing such coverage to the Town prior to the commencement of such work. 9.2 Alterations, Additions. The Manager may make structural alterations or additions to the Premises,provided the Town consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be pursuant to plans and specifications approved by The Town, shall be at the Manager's expense, shall be in quality at least equal to the present construction, and shall in no event diminish the value of the existing facilities. Unless the Town specifically requests that any alterations or improvements made by the Manager during the Term of the Agreement be removed by the Manager at the end of such term, which reasonable request the Manager shall be obligated to comply with, such alterations or improvements remaining on the Premises at the termination of the Agreement shall become the property of the Town at the termination of occupancy as provided herein. 9.3 Capital Improvements. The Manager shall prepare and submit to the Director of Recreation and Community Programs or designee each year during the Term of this Agreement, consistent with the Town Manager's annual capital improvement program budget deadlines, a proposed plan for capital improvements to the Premises. Each such plan shall demonstrate how such improvements will increase revenues and improve the Premises, project the cost of such improvements, and project sources of funding for such improvements. Only such capital improvements as are approved by the Town shall be implemented provided, however, that all funds for capital improvements to the Premises should be either derived from the Town's share of Gross Revenues or appropriations. The Manager should be aware, and is hereby notified, that any construction work or capital improvements may be subject to statutory constraints, including but not limited to G.L. cc. 30, 3013, 149. The Town shall not be responsible for any constriction performed without its prior written approval and may require the Manager to remove such construction and restore the Premises to its prior condition at the Manager's sole cost and expense. ARTICLE 10 THE TOWN'S ACCESS TO PREMISES 10.1 The Town's Right of Access_ The Town shall have the right to enter the Premises at all reasonable hours for the purpose of inspecting or for making repairs, alterations or additions to the Premises, and the Town shall also have the right to make access available at all reasonable hours to prospective or existing mortgagees or purchasers of any part of the Premises. To assure access by the Town to the Premises,the Manager shall provide the Town with duplicate copies of all keys used by the Manager in providing access to the Premises. 36 1 Page For a period commencing twelve(12)months prior to the expiration of the Term of this Agreement, the Town may have reasonable access to the Premises at all reasonable hours for the purpose of exhibiting the same to prospective Managers. 10.2 Access During the Last Month of Term. If during the last month of the Term, the Manager shall have removed all of the Manager's property therefrom, the Town may immediately enter and alter, renovate and redecorate the Premises, without incurring liability to the Manager for any compensation, and such acts shall have no effect upon otherwise applicable terms of this Agreement. ARTICLE 11 MISCELLANEOUS 11.1 Security Deposit. The Manager shall furnish for the Tenn of this Agreement a cash deposit in the amount of Twenty-Five Thousand Dollars ($25,000). Such deposit shall be deposited by the Town in an interest bearing account and the principal sum plus any and all accrued interest shall be returned to Manager at the termination of this Agreement, provided that the Manager has fully performed its obligations under this Agreement. In the event that the Manager fails to fully perform its obligations under this Agreement,the Town may withhold from such deposit a sum which, in the reasonable opinion of the Town, is sufficient to fully indemnify the Town from the results of the Manager's failure to perform. The remedies provided in this Agreement are cumulative and nothing herein contained shall be construed as limiting or precluding the recovery by the Town against the Manager of any sums or damages to which, in addition to the damages particularly provided above, the Town may lawfully be entitled by reason of failure by the Manager to perform hereunder. It is expressly understood and agreed that all sums retained or that may be retained by the Town under any of the provisions of this Agreement are solely for the benefit of the Town. 11.2 No Assignment. The Manager shall give its personal attention constantly to the faithful execution of this Agreement, shall keep the same under Manager's direct control and shall not assign, by power of attorney or otherwise transfer,voluntarily or involuntarily this Agreement or any part thereof(which shall include, without limitation,the granting of concessions, licenses and the like), without the prior written consent of the Town Manager, and shall not, either legally or equitably assign any of the moneys payable under this Agreement, or its claim thereto, unless, by, and with the like consent of the Town Manager. 11.3 Inspection and Reports. The Town Manager shall have the right at any time to inspect the Equipment and Premises, including the right to enter upon any property owned or occupied by the Manager, whether situated within or beyond the limits of the Town. Whenever requested,the Manager shall immediately furnish to the Town Manager full and complete written reports of its operations under this Agreement in such detail and with such information as the Town Manager may request. 11.4 Eminent Domain. Should a substantial portion of the Premises, or of the property of which they are a part,be taken by a state or federal authority under powers of eminent domain,the Manager may elect to terminate the Agreement by giving written notice to the Town. Upon termination of the Agreement under this clause,the Manager shall share in the proceeds of any funds awarded for such taking to the extent of its interest under the Agreement. 11.5 Notice. Any notice from the Town to the Manager relating to the Premises or to the occupancy thereof, shall be deemed duly served, if left at the Premises addressed to the Manager, or, if sent by first class mail to the Premises, postage prepaid, addressed to the Manager. Any notice from the Manager-to the Town relating to the Premises or to the occupancy thereof, shall be deemed duly 371Page served, if sent to the Town by first class mail postage prepaid, addressed to the Town at such address as the Town may from time to time advise in writing, which shall initially be: Town of Lexington, c/o Lexington Town Clerk, Town Hall, 1625 Massachusetts Avenue, Lexington,Massachusetts 02420. 11.6 Surrender. The Manager shall at the expiration or other termination of this Agreement remove all of the Manager's goods and effects from the Premises. The Manager shall deliver to the Town the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Premises, and all equipment and personal property referred to in Exhibit B, or replacements thereof, all in the same condition as they were at the commencement of the Term, or as they were put in during the Tenn, reasonable wear and tear and damage by fire or other casualty only excepted. In the event of the Manager's failure to remove any of the Manager's property from the Premises, the Town is hereby authorized,without liability to the Manager for loss or damage thereto, and at the sole risk of the Manager,to remove and store any of the property at the Manager's expense, or to retain same under the Town's control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. 11.7 Waiver. Failure on the part of the Town or the Manager to complain of any action or non-action on the part of the other, no matter how frequently the same may occur or how long the same may continue, shall never be a waiver by the Town or the Manager of its rights hereunder. Further, no waiver at any time of any of the provisions hereof by the Town or the Manager shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval for the Town or the Manager to or of any action by the other requiring such consent or approval shall not be construed to waive or render unnecessary the Town's or the Manager's consent or approval to or of any subsequent similar act by the other. No option or right granted to the Manager to renew this Agreement or to extend the Tenn shall be considered to give the Manager any further option or right to renew or extend. 11.8 Parties Bound. Except as otherwise expressly provided,those terms, covenants and conditions which this Agreement requires to be performed and observed by Manager shall be binding upon Manager and its successors and assigns and shall insure to the benefit of the Town and its successors and assigns; and those terms, covenants and conditions which this Agreement requires to be performed and observed by the Town shall be binding upon the Town and its successors and assigns and shall insure to the benefit of Manager and its successors and assigns. 11.9 Third Party Rights. Nothing in this Agreement, express or implied, shall convey upon any person or entity, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 11.10 Interpretation. This Agreement is being executed and delivered in the Commonwealth of Massachusetts and shall be governed by, construed, and interpreted in accordance with the laws of that jurisdiction. 11.11 Unavoidable Disruption. Neither party shall be liable to the other in damages, nor shall this Agreement be terminated, nor a default be deemed to have occurred because of any failure to perform hereunder caused by fire, earthquake, flood, explosion, casualty, strike, unavoidable accident,riot, insurrection, civil disturbance, act of public enemy, embargo, war, act of God, inability to obtain labor, material or supplies or any other similar cause beyond its control. In the event of major vandalism to the Premises,the Manager may request negotiations with the Town to share the costs to repair such damage. 11.12 Headings. The captions and headings throughout this Agreement are for convenience and reference only, and they shall in no way be held or deemed to define, modify or add to the meaning, 38 1 Page scope or intent of any provision of this Agreement. 11.13 Consent. Except as herein otherwise provided,whenever in this Agreement the consent or approval of the Town or Manager is required, such consent or approval shall not be unreasonably withheld or delayed, and shall be in writing, signed by an officer or agent, thereunto duly authorized, of the party granting such consent or giving such approval. 11.14 Relationship of Parties. Nothing herein contained shall constitute or be construed to be or create a partnership or joint venture relationship between the Town and Manager. 11.15 Severability. In the event that any one or more of the phrases, sentences, clauses or paragraphs contained in this Agreement shall be declared invalid by the final and unappealable order, decree or judgment of any court of competent jurisdiction, this Agreement shall be construed as if it did not contain such phrases, sentences, clauses or paragraphs. 11.16 Self-Help. The Town shall have the right,but shall not be required, to pay such sums or do any act which requires the expenditure of moneys which may be necessary to appropriate by reason of the failure or neglect of the Manager to perform any of the provisions of this Agreement, and in the event of the exercise of such right by the Town, the Manager agrees to pay to the Town forthwith upon demand the cost of performing the same,plus an administrative charge(covering overhead and profit) not to exceed 15% of such cost; and if the Manager shall default in such payment, the Town shall have the same rights and remedies as the Town has hereunder for the default of the Manager. 11.17 Certificate. If the Manager is a corporation, each of the persons executing this instrument on behalf of the Manager, hereby covenant and warrant that the Manager is a duly existing and valid corporation and that the Manger is qualified to do business in Massachusetts. Further, if the Manager is a corporation, the Manager shall deliver to the Town, at the execution of this Agreement, a clerk's certificate(in form substantially similar to Exhibit E attached hereto) as to the due authorization of the execution of this Agreement and incumbency of the signing officer. 11.18 Integrated Provisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof,supersedes all prior discussions, proposals,understandings or agreements of the parties with respect to the subject matter hereof, and may be modified only by written agreement signed by both the Town and Manager. 11.19 Marketing. The Town may require the Manager to participate in or propose marketing strategies for the Club. Such marketing may include promotional events, local advertising, or any other reasonable measures. ARTICLE 12 PAYMENTS TO THE VENDOR 12.1 Compensation due the Vendor shall be paid as specified in the revenue sharing sections, and as provided elsewhere in this Agreement. ARTICLE 13 DEFAULT,TIME TO CURE,TERMINATION 13.1 Reasons for Default. The following events shall be prerequisites for Default by the Manager or Vendor: 13.1.1 Failure to provide two or more consecutive monthly revenue reports, or, alternatively, failure to provide two or more monthly revenue reports in a 6 month period. 391Page 13.1.2 Failure to maintain the Premises such that the resulting condition is so poor that it affects the ability to play golf thereon. 13.1.3 The discovery by the Town of any willful or negligent misconduct with regards to accounting, revenue tracking, or other financial obligations. 13.1.4 [Failure to submit timely payments for utilities resulting in the disruption of services at the Premises. 13.2 In the event that one of the prerequisites for Default,the Town will provide the Manager or Vendor, as appropriate,with notice thereof, including a description of the deficiency, and a time to cure, such time being no fewer than fifteen(15) calendar days. If such deficiency has not been cured by the date set Manager's or Vendor's default under Section 11.1, the Town may provide written notice that the Manager or Vendor is in default. Such default shall become effective as of the date the notice thereof. 13.3 The Town shall have the right to terminate this Agreement upon the Manager's or Vendor's default. Such tennination must be made effective by written notice, sent via email and US Mail, and must set the termination date no fewer than thirty (30)calendar days from the date of the termination notice. The Town reserves the right, but is not obligated to,rescind the termination if the deficiency is cured before the termination date. 13.4 Notwithstanding the other provisions of this section,the Town shall have the right to terminate this Agreement for convenience upon sixty(60) days' notice. 13.5 Following termination of this Agreement, the parties shall be relieved of all further obligations hereunder except that: 13.3.1 The Town and the Manager or Vendor shall remain liable for their respective financial obligations under this agreement, including but not limited to the payment of their respective shares of maintenance and utility costs. After the termination date, the Town shall be liable for all operating costs, including but not limited to utilities and maintenance,if the Premises remain in operation. 13.3.2 The Vendor or Manager shall remain liable for any damages, expenses or liabilities arising under this Agreement(including its indemnity obligations)with respect to work performed pursuant to the Agreement. ARTICLE 14 INSURANCE AND INDEMNIFICATION 14.1 The Vendor agrees to indemnify and save The Town of Lexington harmless from any and all manner of suits, claims, or demands arising out of any errors, omissions or negligence by the Vendor(including all its employees or agents) in performing the WORK, or any breach of the terms of this Agreement,which constitute an obligation of the Vendor. The Vendor shall reimburse the Town for any and all costs, damages and expenses, including reasonable attorney's fees, which the Town pays or becomes obligated to pay,by reason of such activities or breach. The provisions of this Section shall be in addition to and shall not be construed as a limitation on any other legal rights of the Town expressed or not expressed in the RFP and with respect to this Agreement. 14.2 Before commencing WORK, the Vendor shall obtain, and shall maintain throughout the term of this Agreement, insurance at limits specified in the RFP and provide written documentation of such in the form specified in the REP. 14.3 The Vendor shall give the Town of Lexington 20 days(twenty) written notice and copies 401 Page of documentation in the event of any change or cancellation of coverage. 14.4 The Manager shall indemnify the Town against any liability or assessment, including related interest and penalties, arising from a tax assessment and shall pay reasonable collection expenses, attorneys'and consultants' fees and costs incurred in connection with the enforcement of the indemnity. The foregoing obligation shall survive the termination of this Agreement and continue until the applicable statute of limitation period has expired. ARTICLE 15 GENERAL PROVISIONS 15.1 Upon the expiration or termination of this Agreement for any reason,any data, drawings, specifications, reports, estimates, summaries and other work product which have been accumulated, developed or prepared by the Vendor(whether completed or in process) shall become the property of the Town of Lexington. The Vendor shall immediately deliver or otherwise make available all such material to the Town. 15.2 Neither party may assign, transfer or otherwise dispose of this Agreement or any of its rights hereunder or otherwise delegate any of its duties hereunder without the prior written consent of the other party. Any such attempted assignment or other disposition without such consent shall be null and void and of no force and effect. 15.3 Except as otherwise expressly provided in this Agreement, any decision or action by the Town relating to this Agreement, its operation, or termination, shall be made only by the Town or its designated representative identified in Exhibit B. 15.4 This Agreement,together with its Exhibits, the RF.P referenced above and its Addenda, the required supplemental documents and any additional exhibits, constitute the entire agreement between the Town of Lexington and the Vendor with respect to the matters set forth therein and may not be changed(amended, modified or terms waived) except by a writing signed by both parties. Any notices required or allowed shall be sent by receipt-verified mail, e-mail, fax or courier to the persons designated in Exhibit B. 15.5 In the event any terms and conditions of this Agreement conflict with those contained in the RFP and its Addenda,this Agreement shall prevail 15.6 This Agreement is governed by the laws of Massachusetts and shall be construed in accordance therewith. ARTICLE 14 411 Page SIGNATURES 14.1 For the Town ofLexington: 14.2 For the Vendor: Signature �Name °muma Title ~Tmo '7—/3 — 2- 3 Date ° Date Company Name ' ............. ````` Signature Name Title ``-----'/ 42 | Poge Form Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. / i n/e 1;4eA o vw s 6ro i-,f C k L- 4, 2`•vc , 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): o ElIndividual/sole proprietor or ElC Corporation ® S Corporation ❑ Partnership ❑ Trust/estate N single-member LLC Exempt payee code(if any) 0. 2 ai c ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► p Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c N LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code if an 'C another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( y) u is disregarded from the owner should check the appropriate box for the tax classification of its owner. w U ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S) N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 6 City,state,and ZIP code 6&t_J r`w vo 4, ^,9- U oZv t O 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(S .However,for a -m - resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a FM TM TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. JIM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person► Date► -7 ' ► 3 --1 a d 3 •Form 1099-DIV(dividends,including those from stocks or mutual General Instructions funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form w-9(Rev.10-2018) NEWENGL-67 VLACOMBE ACORN" CERTIFICATE OF LIABILITY INSURANCE DATE(M1202YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: A leby&Wyman Insurance Agency,Inc. PHONE FAX 48 Dunham Ridge (A/C,No,EXt):(978)922-2288 (A/C,No):(978)922-2731 E AIL Suite#1000 ABDREss:contactus@applebywyman.com Beverly,MA 01915 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company of America 112572 INSURED INSURER B:Selective Insurance Company of South Carolina 119259 Pine Meadows Golf Club,Inc. j IrfsuRERc: New England Golf Corporation PO Box 462 INSURER D Westwood,MA 02090 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDLISUBR POLICY NUMBER POLICY Ell I POLICY EXP LIMITS LTR IN D WVD MM DD MM DD A I X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ($ 1,000,000 S 2395168 11/1/2022 11/1/2023 DAMAGE TO RENTED CLAIMS-MADE (OCCUR PREMISES EN rrence $ 1,000,000 Li MED EXP(Any oneperson) j $ 15,000 PERSONAL&ADV INJURY i$ 1,000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: ' ( 1 GENERAL AGGREGATE i$ 2'000'OOO j POLICY r PRO- r� LOC i 2,000,000 ( I JECT I PRODUCTS-COMP/OP AGG $ OTHER: ' i $ B COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY Ea accident $ ANY AUTO ( IA 9107420 1 11/1/2022 11/1/2023 BODILY INJURY Per erson !$ OWNED SCHEDULED AUTOS ONLY !! AUTOS BODILY INJURY Per accident $ HIRED I ! NON-OWNED ( PROPERTY DAMAGE �AUTOS ONLY .X=i AUTOS ONLY ! (Per accident) Is I ! I Is A I. X UMBRELLA LIAB X I OCCUR ( ( 1,000,000 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE S 2395168 11/1/2022 11/1/2023 AGGREGATE $ 1,000,000 j�DED I 1 RETENTION$ I ( $ B WORKERS COMPENSATION PERX STATUTE OTRH- AND EMPLOYERS'LIABILITY YIN WC 9081728 11/1/2022 11/1/2023 E 500,000 ANY PROPRIETOR/PARTNERlEXECUTIVE ; E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED'. N/A 1 (Mandatory in NH) I E.L.DISEASE-EA EMPLOYE $ 5OO'000 If yes,describe under ! DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Town of Lexington is named as additional insured per written contract with respect to general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Lexington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 1625 Massachusetts Avenue Lexington,MA 02420 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT A List of Procured Items The following list contains all items procured through and subject to this contract. Item# Description Management of the Pine Meadows Golf Course (per Appendix A) Initialed For: Town of Lexington: X Vendor: A� 43 1 Page EXHIBIT B NOTICE ADDRESSEES A.1 For Town of Lexington: ELIZABETH MANCINI Name PURCHASING DIRECTOR Title 1625 MASSACHUSETTS AVENUE Street Address LEXINGTON,MA 02420 City, State,ZIP 781-862-0500 Phone 781-861-2794 Fax EMANCINI(&LEXINGTONMA.GOV e-mail A.2 For the Vendor: x Name 1 ie A✓� X Title /?Ne 4u""s 64,B.��• x Company Name O. Zoy- q 6 Z * Street Address 6tfe—c1fwa0o /,"f Ud�yv *City, State,ZIP 78/- G -�8ft9 x Phone PC") -p2 X Fax 1?l,A/e rt/j�q.' v ,n L R,6 Lf � * e-mail C n ;.. Nc 44 Page EXHIBIT C ADDITIONAL AND SPECIAL TERMS AND CONDITIONS The Town of Lexington and the Vendor agree that the following additional and special conditions apply to and shall be held in full force and effect during the term of this contract: 1. This is awarded to only one vendor for all goods and services listed in Appendix A and Form C for a minimum of 3 year with the option to extend for up to an additional 2 years per the bidding specifications and pricing as to form. Initialed For: Town of Lexington: * Vendor: 45 1 Page 461Page EXHIBIT D ATTACHMENTS 1.0 Request for Proposal: Management of the Town-Owned Pine Meadows Golf Course#24-02 2.0 Other Bid Documents: • General Bid Form(Form A) • Statement of Competency(Form B) • Bid Price Form(Price Proposals) (Form C) Non-Price Proposal • Contract(Form D) 3.0 Other Documents: • Insurance Certificate(s)_(to be provided for contract execution) • W9 • Dunn & Bradstreet Information Report(or equivalent as defined in attachment#9) 47 1 Page EXHIBIT E (1) DESCRIPTION OF PREMISES A certain parcel of land with the buildings thereon situated in Lexington, Massachusetts as shown on a plan entitled "A compiled plan of land in Lexington,Mass., dated March 19, 1975 recorded as Plan No. 1353 in Book 12910 at the End, at the Middlesex South Registry of deeds on December 18, 1975." Said parcel is shown as being eighty-seven and 88/100+_(87.88) acres, and includes Lots 21 and 22 which Lots are Lots 21 and 22 as shown on Land Court Plan No. 6686R. Being the same premises conveyed to Pine Meadows Country Club, Inc. by deed of John A. Bellizia, Conservator, recorded in Middlesex South Registry of Deeds, Book 13157, Page 16 and as described in Certificate of Title No. 151230. 48 1 Page EXHIBIT F (2) EQUIPMENT The estimate of the condition of the equipment itemized in Exhibit A was completed in April 2023. The successful bidder for The Management of Pine Meadows Golf Course and a representative of the Department of Public Works and Recreation and Community Programs Department will inspect the equipment jointly. The parties involved will reach a mutual agreement on the present condition of this equipment. The Town recognizes that the condition of the listed equipment will have deteriorated from the initial evaluation period. The Town intends to be fair in its assessment of the current value. The equipment owned by the Town of Lexington shall not be removed from the premises without the approval of the Director of Recreation and Community Programs or designee. Pine Meadows Golf Club Equipment 2022-2023 Pine Meadows Golf Club Equipment p came p aem Year Description function Insured value Serial# Condition Value p Q Rep nralate entCost 1997 Jacob Spiker Units(3) Accessory S0.00 269054 fair S500.00 10 years nla S2,500.00 1998 National Triplex Rawer Rough $0.00 84-6798 fair S500.00 7 years nia $0.00 2000 Toro 1000Walking greens mower(21") Greens 30.00 200001511 fair S500.00 15+years 2017 S10,000.00 2000 Toro Green Master1600 mower(26"} Collars 50.00 200000313 fair $1,000.00 15 years 2017 S72,000.00 2000 Toro trailer 26" Utility S0.00 6751 fair S100.00 15+years nla S1,500.00 2001 Meter Matic III Topdresser Accessory 50.00 808784 fair S1,500.00 15years 2019 S13,000.00 2002 Ryan Mataway Slice Seeder Accessory S0.00 104092 fair S1,000.00 15years 2019 S10,000.00 2002 Neary Reel Grinder Accessory S0.00 ZOK55000253 fair S3,000.00 15years 2018 S20,000.00 2006 Toro Utility Workman 3200 vehicle Utility 30.00 260000530 good S6,000.00 13 years 2021 S28,000.00 2006 1 Rough Aeravator model AE60 Rough S0.00 4714 good S3,000.00 12 years 2018 1 $10,000.00 2006 JAerothatch 83 Y center seeder Accessory S0.00 2600000539 good S3,000.00 12 years 2018 S10,000.00 2006 IToro ProCore 660 Aerator Fairways $0.00 2600000106 good $5,000.00 12 years 2018 S30,000.00 2009 Jacobsen Greensking IV plus Greens mowei $0.00 62288-05522 fair $2,000.00 10 years 2020 $40,000.00 2012 Jacobsen LF550 Fairway Mower Fairways $0.00 67979-1834 good 35,000.00 10 years 2022 S60,000.00 2012 Jacobsen Verticutting Reels Accessory S0.00 68550 goad S3,000.00 10 years 1 2022 S6,000.00 2015 T oro Utility workman HDX vehicle Utility S10,000.00 314000532 very good $10,000.00 15 years 2027 1 S30,000.00 2013 Toro Pro Core 648 aerator Greens S8,000.00 314000558 very good S8,000.00 15 years 2026 S30,000.00 2015 ITaro Grounds Master 4500D flower Rough s22,00e.00 315000373 very good S22,000.00 8 years 2023 S70,000.00 2017 Greenmester'riFlext 3300 Hydrualic Utility S21,000.00 401287463 very goad S21,000.00 10years 2027 $42,000.00 2017 Hustler Utility S5,000.00 17031721 very good S6,000.00 10 years 2027 $18,000.00 2018 Smithco Super Rake Utility S8,000.00 2CSO410 very good S8,000.00 10years 2028 $18,000.00 201a Toro Triplex3300 Tees S18,000.00 403351169 excellent S18,000.00 10years 2028 $42,000.00 2018 Lely Spreader topdressor Accessory S0.00 2320515J1829450 excellent S6,000.00 12 years 2030 $10,000.00 2018 Greensgroomer Accessory $0.00 922066 excellent $2,000.00 12years 2030 S3,000.00 2021 Yamaha DR2Eb'AC Golf Carts(20) Carts S80,000.00 TED very good 4000 each 5 yea rs 2026 2020 Yamaha YWAT Golf Carts(2) Carts S8,000.00 TBD very good 4,000 each 5 yea rs 2026 2021 John Deere4044M Compact Tractor,Loade Utility S35,000.00 1LV404411-11<1086171 excellent 535,000.00 25 Le!rs 2145 S50,000.00 2023 Buffalo Blower Torrent 2-85651 Accessory $8,200.00 321196 excellent S8,200.00 10years excellent 58,200.00 Total Insured $223,200.00 49 1 Page Estimated Year Description/ Condition Value expectancy Replacement Reptst�t date 2002 Gas/Diesel Due[Fuel Tank good $13,000.00 20 years 2022 $25,000.00 2005 10 bp Giant Ym push Blower fair $500.00 15 years 2020 $3,000.00 Tools&equipment fair $1.000.00 life Estimated R acement Year Description Condition Value expectancy R date ccoostEst 2002 Gas/Diesel Due[Fuel Tank good $13,000.00 20 years 2022 $25,000.00 2005 10 bp Gianty?,r,push Blower fair $500.00 15 years 2020 $3,000.00 Migg Tools&equipment fair $1,000.00 50 1 Page EXHIBIT G AFFIRMATIVE ACTION POLICY STATEMENT NON-DISCRIMINATION: For purposes of this contract, "minority"refers to Asian-Americans, Blacks, Spanish Surnamed Americans,North American Indians, and Cape Verdeans. "Commission" refers to the Massachusetts Commission Against Discrimination. During the performance of this contract, the Contractor and all of(his/her) Subcontractors (hereinafter collectively referred to as the Contractor), for himself/herself, his/her assignees, and successors in interest, agree as follows: 1. In connection with the performance of work under this contract,the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, age, or sex. The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion, or transfer;recruitment advertising; recruitment layoff, termination; rates of pay or other forms of compensation; conditions or privileges or employment; and selection for apprenticeship. The Contractor shall post hereafter in conspicuous places, available for employees and applicants for employment,notice to be provided by the Commission setting forth the provisions of the Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151 B). 2. In connection with the performance of work under this contract, the Contractor, shall undertake in good faith affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race,color,religious creed, national origin, age or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in- service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons,regardless of race, color, religious creed, national origin, age, or sex. A purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen for this and future Commonwealth public construction projects. The Contractor shall comply with Executive Order#237 supporting women and minority business enterprises. Contractors are expected to comply with the "American With Disabilities Act." 511 page EXHIBIT H—SPECIAL MAINTENANCE CONSIDERATIONS 1. GENERAL PROVISIONS REGARDING MAINTENANCE OF PREMISES A. Equipment Storage. The Manager shall keep and maintain on the Premises all of its equipment used for operating and maintaining the golf course on the Premises. At the termination of the Contract, all equipment owned by the Manager shall be removed from the site within ten(10)days of the termination date. In the event that the Manager becomes insolvent or is relieved of the Contract for any of the specified reasons in the Contract,the equipment may be used by Lexington to carry out the golf course maintenance work during the remaining term of the Contract. B. Upkeep of Premises. It is the Manager's responsibility to maintain the entire golf course on the Premises in a reasonable, satisfactory manner. This will include pruning; shrub upkeep; fertilization and the grooming of areas in and around shrubs; planting of trees, shrubs and flowers. All the tree trimming shall be approved by the Superintendent of Public Grounds. In the case of an emergency, the Manager has the responsibility to act in a judicious way to remove hazardous conditions which pose a threat to public safety. It is the Manager's responsibility to upkeep and repair access roads now existing on the Premises in an "as is" condition; such maintenance to be to permit reasonable travel and for the prevention of erosion. C. Clubhouse Upkee. The Manager shall be responsible for maintaining the grass and shrubbery in the clubhouse area and the areas adjacent to the clubhouse entrance and front lawn. The Manager shall be responsible to keep the Clubhouse clean and operational. The Manager shall be responsible to provide a comfortable temperature for staff and customers in the Clubhouse. The Manager shall paint the interior of the Clubhouse during the winter and the exterior every three (3)years. D. The Manager to Furnish Markers, Etc. It is the Manager's responsibility to furnish such direction markers, distance markers, litter baskets and signals,tee markers, tee signs, holes cups, flags and flag poles, out-of-bounds markers, drinking water on the 5"' and 7"'hole and general equipment for golf needs, benches,ball washers,water huts, towels for same, and to maintain,repair and replace all of these items, as needed for the use of the golf course on the Premises. E. Trash Removal. The Manager is responsible for policing and removing all litter and rubbish daily from the premises and to dispose of such materials. A recycling program shall be established. F. Employee Behavior&Dress. Employees must be of neat appearance and courteous to the public. G. Right to Close Golf Course. The Manager has the right to close the golf course or any part thereof to make repairs or because of improper weather conditions which could cause severe damage to the golf course. The Manager must notify the Town of the planned closure. In addition, the Town reserves the right to close the Golf Course due to declared public health emergencies. 52 1 Page H. Disease Control. It is the Manager's responsibility for the control of insects on all greens, tees, fairways, trees, and roughs at Pine Meadows Golf Course. In the event of unusual, or under extreme circumstances, the Town may agree to assume responsibility for the cost of materials for insect control. Applicator must have proper license as issued and required by the state of Massachusetts. I. Irrigation System Maintenance. It is the Manager's responsibility each fall to drain the irrigation system, winterize the pump house and blow out the system and each spring to reactivate the irrigation system, pump house as well as the booster pumps. The Manager shall make any such repairs that are necessary to upkeep the system,pump house and the pumps in an operative condition. The Manager is liable for the cost of water, the electric power or the normal wear replacement of the irrigation system and pump house. The Manager is responsible to inspect and provide a written report to the condition yearly and clean the wells' screen every other year. The course uses its own water for irrigation. Town water is used occasionally on a back-up basis. If Town water is used, those charges are billed to the management company J. Upkeep of Equipment. It is the Manager's responsibility to perform normal upkeep duties on all equipment, including golf carts (e.g. to clean,gas, lubricate,sharpen blades, change filter, and all preventative maintenance). The Manager shall keep a maintenance log for each piece of equipment and provide a copy of the report to the Town annually in the spring. The management company is responsible for the total cost of all equipment repairs. There is not a mechanic on site and the Town Department of Public Works is available to assist with recommendations for repair. The repairs on Town owned equipment is paid by the Town. K. Turf Management Plan. Provide a detailed turf management plan to the Superintendent of Public Grounds on an annual basis, including their annual pesticide program. The plan shall include soil testing, fertilization, over seeding, aeration,topdressing, pest control and watering. Provide a detailed Integrated Pest Management(IPM) Plan for the course. L. Soil Testing. On an annual basis, do soil testing of the greens, fairways and tees. Submit a copy of the test results to the Superintendent of Public Grounds. The testing shall include, but not limited to pH, exchangeable acidity, extractable nutrients, extractable aluminum(AI), cation exchange capacity and base saturation. 2.ADDITIONAL MAINTENANCE GUIDELINES The Manager shall at all times employ a full time golf course Superintendent, appropriately licensed, by the Commonwealth of Massachusetts to care for and maintain golf courses. The Superintendent shall supervise the maintenance of the golf course on the Premises and shall keep a log of his activities and all work done under his supervision in this regard. A copy of the log shall be submitted to the Superintendent of Public Grounds on a monthly basis. The Golf Course shall provide monthly certification to The Town of Lexington, upon request, that this maintenance log is accurate. The Golf Course shall maintain the Premises as in his best professional judgment he deems advisable to keep the golf course on the Premises playable and well maintained, and shall generally follow the below guidelines for maintenance work. 53 ( Pa e A. Greens. 1. Greens shall be maintained to furnish a true putting condition of live, virile grass. Such shall be accomplished by the periodic use of fertilizer to upkeep a continuous growth. Watering shall be carried on to keep a moist condition for effective growing conditions. Mowing shall be at a reasonable height and frequency so as to maintain reasonable putting conditions, and top dressing shall be applied to effect smoothness of surface and proper growth conditions for closely-clipped bent grasses. Aeration, top dressing and over seed as recommended by the USGA 2. The Manager shall take care to control insects, weeds and fungus growth. 2. Greens maintenance shall be done every day during the major growing season(Memorial Day thru Labor Day) and at least every other day with a minimum of five (5)days per week during the minor growing season. Golfers must give way to maintenance personnel. 3. The application of fungicides,herbicides, and insecticides and other control products shall be done as is necessary for good maintenance practice and shall comply with all applicable laws concerning notification to the public and re-entry intervals. 4. Pins shall be rotated daily. B. Tees 1. Tees shall be fertilized,mowed and watered to keep continuous growth, and cut at a height to provide a closely-clipped surface for the teeing of the ball. Aeration, top dressing and over seed as recommended by the USGA. 2. Tees shall be cut at a minimum of three times weekly and markers shall be moved daily. If necessary, additional cuts will be made. 3. The applying of fungicides, herbicides and insecticides and other control products shall be done as is necessary for good maintenance practice. C. Fairways. 1. Fairways shall be fertilized,watered, treated with herbicides, insecticides, and other control products and lime as needed to keep continuous growth in keeping with the best turf grass maintenance practices. Aeration,top dressing and over seed as recommended by the USGA. 2. Fairways shall be mowed at a height conducive to good playing conditions a minimum of three times weekly, and more when the need exists. 541 Page D. Roughs. 1. Roughs shall be kept to minimize the loss of golf balls and mowed a minimum of twice weekly at a height cut of 2" or lower. 2. Watering shall be dependent on natural rainfall except where poor growth allows erosion to take place. In that case, special watering and/or fertilization shall be carried on. Aeration, top dressing and over seed as recommended by the USGA. 3. Additional fertilization shall take place on any areas that appear to be in a declining condition for any reason. E. Sand Traps. 1. Sand traps shall be trimmed, and raked sufficiently to keep a playable and clean condition. 2. Sand traps shall be kept with a minimum of three (3) inches of sand and shall be free of stones larger that one (3/4) inch in diameter and weeds/grass. 3. Sand bunkers shall not have standing water. 3. ADDITIONAL MAINTENANCE OF GREENS. a. Fertilization Program. The greens shall be fertilized sufficiently to produce continuous growth during the growing season. Modifications may be made per the USGA recommendations. b. Wiring;Fertilization. As soon as the grass signs of growth, apply nitrogen at the rate of 3 pounds per 1,000 square feet(1/2 pound nitrogen per 1,000 square feet). This should be evenly distributed and watered in using at least .20 inches of water. Once a month after this application, the summer fertilization program shall begin. c. Summer Fertilization. The summer program shall be an application of water-soluble nitrogen applied at the rate of 1/12 pound of nitrogen per 1,000 square feet every seven(7)to ten (10) days. d. Fall Fertilization. In early September, apply nitrogen at the rate of(1/2 to 1 pound nitrogen 1,000 square feet). Around November 1 st, apply a dormant application of a slow release fertilizer (minimum 25%N from slow release fertilizers) at the rate of two pounds nitrogen per 1,000 square feet. e. Acidity. The PH of the greens shall be kept between 5.5 and 6.0 on a yearly basis. The control of the acidity shall be by the use of magnesium limestone. 551 Page f. Top Dressing. One application of top dressing shall be applied per month from April through November under Contract. This shall be done four(4)times per year using three (3) cubic feet of sand per 1,000 square feet. The sand shall meet all United States Golf Association's specifications. g. Watering. A watering program shall be carried out to keep the soil in a moist condition. Caution shall be used that the watering takes place during the late evening or the early morning hours and that over-soaking of the greens,particularly just prior to play, is avoided. Greens and the surrounding bankings shall be meticulously watered to prevent dry areas. h. Mowing. Greens shall be mowed to a maximum height of%4 inches. Greens shall be mowed a minimum of Seven (7) times weekly during the growing season and at any time when they show a ragged appearance. i. Fungus Control. Fungicides shall be used with an Integrated Pest Management(IPM)program. Before the ground freezes (generally late November) an application of fungicide shall be applied for the control of mold. j. Insect Control. Applications of appropriate insecticides should be made at the proper times for pest control of the target pest. Such material may be applied by sprayer or dry material in accordance with the manufacturer's recommendation. k. Weed Control. a. Broad Leaf Weeds. For control of broad leaf weeds in bent grasses, application of approved herbicide may be used at the label-recommended rate for closely cut bent grasses. b. Crab Grass. Crab grass control should be accomplished with the use of an approved pre- emergency herbicide. c. Clover. To control clover on the greens, an application of an approved herbicide is recommended. Such application shall take place during the growing season. 1. Aerification. Aerification should be done a minimum of two (2)times per year,May and August or more often as recommended by the USGA. The Ryan Greensaire (or equal) shall be used on the greens and apron areas to a minimum depth of three (Y) inches for this aerification. Coring Tines, minimum ''/2". The soil cores that are brought to the surface by this aerification should then be worked back into the green if appropriate. The greens and affected apron areas should then be top- dressed with the standard topdressing material. In addition, annual deep tines minimum '/2" solid, need to be done prior to winter,between November 1-15. 56 1 Page in. Overseeding. As necessary to promote permanent grass. Seed mixture should conform to USGA specifications and by reviewed with the Superintendent of Public Grounds. 4. ADDITIONAL MAINTENANCE OF TEES. a. Fertilization. Tees shall be fertilized monthly commencing each April and ending each October with the following program: The tees shall have 1/2 pound nitrogen per 1,000 square feet monthly of an appropriate turf fertilizer. The tees shall also receive one ton Dolomite lime per acre each late October or November, as needed according to soil tests. b. Top Dressing. The tees shall receive three (3) applications of screened, sandy topsoil at the rate of 1/2 cubic yard per 1,000 square feet in each May, July, and September. c. Watering. Tees shall receive one(1) inch of water per week, either via one irrigation system or from natural sources. In any case, they shall be watered sufficiently to afford normal, continuous growth. d. Mowing. Tees shall be maintained at a height of 3/4 inch and cut a ininimum of three times weekly, or whenever they have a ragged, irregular appearance. e. Fungus and Insect Control. Tees shall be treated for insect and fungus control when such is necessary. Applications of approved insecticides and fungicides should be made at the proper time for best control of the target pest, as recommended by the product used. f. Repairing. The markers shall be moved daily. Tees shall be over-seeded with blue mix grass or perennial rye grass mix in areas that have been damaged beyond self-rejuvenation. Such re-seeding shall be done as soon as possible. g. Aerification. Aerification should be carried out in May and late August or more often as recommended by the USGA. Additional aerification may be necessary to relieve stress during the summer. The Ryan Greensaire (or equal) shall be used on the Tees to a minimum depth of three (3") inches for this aerification. The soil cores that are brought to the surface by this aerification should then be worked back into the green if appropriate. Coring tines minimum of/2". The area should then be top-dressed with the standard topdressing material. 5. ADDITIONAL MAINTENANCE OF FAIRWAYS. a. Fertilization. Fairways shall receive one(1) pound nitrogen from a 2.0.1 ration of N.P.K. 57 1 Page (potassium sulfate is to be used as source of potassium)between May 15th to June 15th. Around the first week of September, repeat the above fertilizer application. Between October 15th to November 15th, apply 1 '/2 pounds nitrogen (IBDU 25% slow release nitrogen). b. Fungus and Insect Control. All fairways shall be treated with approved insecticides and fungicides at the proper time for best control of the target pest. Such treatments shall be in accordance with manufacturer's recommendations for the product used. c. Weed Control. Where substantial growth, the fairways shall be treated with an approved herbicide at the manufacturer's recommended rate for the control of broad leaf weeds. If clover is prevalent, the fairways shall be treated with an approved herbicide at the manufacturer's recommended rate. d. Mowing. Fairways shall be cut and kept at a maximum of 9/16" inch in height. Such cuttings shall take place in a minimum of twice per week and whenever they have an irregular, ragged appearance. During the height of the growing season, fairways shall be cut a minimum of three (3) times each week, and whenever grass clippings are heavy enough to smother the grass beneath, they shall be brushed in. e. Watering. Fairways shall be watered to keep a continuous growth of grass to prevent drying out or burning of grass or to maintain a moist environment for the substance of live,virile turf. In general, the fairways shall receive either through the use of the irrigation system or from natural rainfall, 1 inch of water weekly. f. Aerification. Aerification should be carried out in May and late August or more often as recommended by the USGA. Additional aerification may be necessary to relieve stress during the summer. The Ryan Greensaire(or equal) shall be used on the fairways to a minimum depth of three (Y) inches for this aerification. The soil cores that are brought to the surface by this aerification should then be worked back into the fairway if appropriate. Coring tines minimum of 1/4". The area should then be top-dressed with the standard topdressing material. g. Slice seeding. Slice seed fairways a minimum of every other year in conjunction with fall fairway aerification. Annually on fairways with growth problems. 6.ADDITIONAL MAINTENANCE OF ROUGHS a. Roughs between holes and around greens shall be kept at a 2-inch height of cut and shall be considered all remaining areas of the golf course property not including the greens, tees and fairways. Roughs shall commence 50 yards between the fairway and tee and the sides and backs of greens to the crown of mounds surrounding greens. Where it is impractical to cut roughs with the "Blitzer" type mowers, the roughs shall be cut with either the rotary or hammer mower. b. Roughs shall be fertilized three times (3) each contract year, '/2 lb per application. Roughs shall be watered from tee to fairway and surrounding the tee and the green from the irrigation system 581 Page as needed. Other areas shall be dependent upon natural rainfall. c. Weed control of roughs shall be done in the same manner as for fairways. 7. ADDITIONAL MAINTENANCE OF SAND TRAPS a. The Manager shall completely rake sand traps a minimum of twice weekly and on a daily basis rake areas of footprints or washes to maintain them satisfactorily for play. The Manager shall use a herbicide to prevent the growth of grass and weeds in the sand traps. b. The Manager shall refill the sand traps with an approved sand to maintain depth and each refilling will take place in the late fall of each Contract year. 8. MAINTENANCE OUTLINED The above maintenance schedule may be modified based on the existing conditions and the recommendations of the USGA. The USGA conducts site visits up to twice per season at the cost of the Town of Lexington. 59 1 Page FORM C - BID PRICE FORMi MANAGEMENT OF THE TOWN-OWNED PINE MEADOWS GOLF COURSE- PRICE PROPOSAL The Bidder proposes to provide the following goods and services (and as described in detail in Appendix A, Specifications and all associated forms and Exhibits of the RFP): BID BASE A The Manager shall receive a flat rate Management Fee for each during the Term of the contract. Payments shall be made in twelve(12) equal monthly installments or on a schedule agreeable by both parties. List below the total amount for each year. YEAR ONE 3 5 0,ooD TW,?re ff&w a 4e.4 iwo u'SAP"o YEARTWO 760 aao TFf�te .�,�i�n�o tea 1 Y, 7`hvwfi4i"O YEAR THREE 3 7o 0 vo �ooee Wu Nog e.o Se%^�y r`Av&e rA "a YEAR FOUR 3bft copo i eee A,'4-- d,eoJ YEAR FIVE 31V.0 o nd Z&,gee /dun.a,2e� rriyttt� 7`�uu t�Na BID BASE B List below the area(s) and/or activity(ies)which you propose to manage solely for your own benefit,pursuant and subject to the provisions of this Agreement.Include a schedule of the Gross Revenue,both as a dollar amount and as a percentage of the total Gross Revenues attributable to the Premises,which you project,will be generated by the following areas and/or activities. AREA OR ACTIVITY GROSS REVENUES ,-0 1"e o cA.e7a rne.PPFiAn.Dis-e J�foaoy i 7. BID BASE C The percentage of gross revenues which shall be paid to the Manager, as provided in and subject to the provisions of this Agreement shall be_�'� percent. (place in separate sealed envelope marked"Price Proposal") 22 1 Page AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Transportation Safety Group (TSG) Requests PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.8 SUMMARY: Category:Decision-Making Attached please find the detailed votes the Select Board is being asked to approve. These changes are consistent with the design of the Battle Green Streetscape Project, which has previously been approved by the Select Board. SUGGESTED MOTION: 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: BYAMENDING CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: (Deletions are�t and additions are bold and underlined) Location at Restriction Harrington Road Eastbound at Bedford Street SloTrYield Harington Road Westbound at Bedford Street SloTrYield Hancock Street Eastbound at Bedford Street -S-telr�ield BY ADDING TO CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: : Location I at Restriction Harrington Road Westbound at Massachusetts Stop Avenue Move to approve the consent. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 ATTACHMENTS: Description Type D Memo Gwell.memo D Fonnzd Vbte O'wer moylo TOWN OF LEXINGTON �� ° ,. TRANSPORTATIONSAFETY GROUP 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Contact: Sheila Page A Lkr 781-698-4560 Assistant Planning Director https://www.lexin tonma.gov/trans ortation-safet - rou � p X�p syage(I-lexingtonma.gov Date: August 16 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 Chapter 192 Traffic Rules and Orders to add and amend Stop and Yield regulations for Hancock Street and Harrington Road Select Board Vote Requested: Vote to amend§192-10 Traffic Signs and Signals Schedule No. 7 Stop Signs and Yield Signs by adding the following: Location at Restriction Harrington Road Westbound at Massachusetts Stop Avenue By amending the following: Location at Restriction Harrington Road Eastbound at Bedford Street Step Yield Harington Road Westbound at Bedford Street S+efrYield Hancock Street Eastbound at Bedford Street S+efrYield This request is to implement the new traffic pattern as a result of the Battle Green Streetscape Project Timeline: Signs and striping will be installed after paving is complete. Funding: Installation is included in the Battle Green Streetscape Project. 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 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: (Deletions are GFGssed aut and additions are bold and underlined) Location at Restriction Harrington Road Eastbound at Bedford Street Yield Harington Road Westbound at Bedford Street 8+etrYield Hancock Street Eastbound at Bedford Street Yield BY ADDING TO CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE FOLLOWING: Location at Restriction Harrington Road Westbound at Massachusetts Stop Avenue DATE OF PASSAGE SELECT BOARD ATTEST TOWN CLERK AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Police Station Canopy Project PRESENTER: ITEM NUMBER: Mike Cronin, Director of Public Facilities I.1 SUMMARY: Category: Informing Attached please find the updated presentation provided to the HDC on 8/10/23. Mike Cronin, Director of Public Facilities will provide the Board an update on the project. SUGGESTED MOTION: No action required. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 6:25pm ATTACHMENTS: Description Type 821 llr semtation. �. oa I I / / i wry G' a ii u lip I < �/ % li ��uoi wilco iiliii Nu vi'� rr a "u / mg, rr mti � 1 ii iii uoIIII�H�� � IIIWIIN r/� iywi i ioi 'Y�tlitliViY MVIVIP�% I�tl ,?N { //���� �lfi� ie r� (a//j // rr✓�/r wF/w r aifNir, / r/1 / llflll' '�i e !�- " 0 flit✓ /� ��(� / �Y /' r CD � Isar u � a I a r � ft Chi x 1:.. n i s r� s 1 l I s 4' I Y r co r y 1 CC 1 NO p.. ` ... ................ gg ij Y I�I 4� .III k J I Y 0 I i II I n '.1 1 ! III "R Iladld% � �_ P' I k` 1< l is co i G m � y I, i 1 I. I � i i �I l i i i Ifl 11� I II �� II I� I � u 104 h k ( J Mr I j; 1f P / I � t r � r Jf � l r r� %� r uRwu, ya j%�i I I� i �r. r r ut H t w�^ig I ,e l% r Y M tor h I; p II I�IIIE p�E i i CO2- co LU 4 Vm i f �I �+y �J , L ffi l f �. oa I I i wry AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Cary Memorial Library Project - The Childreds Room Renovation PRESENTER: ITEM NUMBER: Mike Cronin, Director of Public Facilities I.2 SUMMARY: Category: Informing This is the required Integrated Design and Construction Policy phase update for the Cary Memorial Library Children's Room project to go from Schematic Design into Design Development. We will only need about 4 weeks when we will be back to the Select Board to go from Design Development into Construction Documents. 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V) 0 0 O O 0 N N N ID �E r O W U O � r N N o0 � r O Z � ti N O O M Ur Oco O M N O C2 Er Q O N Cn N IH co O Q O N N T r 7 M � � r N O y � r L � N cor N J N j � Q� .� Q O N �✓ N O0 co W U c,Y N coI- o �° co � s OWN U) (E U U U •O C ,� C C -V C., C a)G f� fn O UOOa�i �' a> o a> a> C> M Cl ; E C C E U U w U U U W d 00 o' I- a- LL 2 0 g) ti LL U mm umi i uIIVIIIVII � IVlllVuiu uo pu�uu ii "" miu .� Vyl � � 'mm ud imp uoii�i�pi u � i .� �� ' IVIVIVIVImm ioimoioioioiomioimoioioioiomioimoioioioiomioimoioioioiomioimoioioioiomi AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion on Creating a Working Group to Review the Tree Bylaw and Enforcement PRESENTER: ITEM NUMBER: Dave Pinsonneault, Director of Public Works I.3 SUMMARY: Category: Brainstorming This agenda item stems from a July 2, 2023 emailed request from Patricia Moyer, Co-Chair of the Tree Committee that the Town Manager establish a Working Group to review the enforcement of the Tree Bylaw. As the Select Board appoints the Tree Committee, it is appropriate that the Select Board review this request and approve prior to the Town Manager creating a Working Group. Additionally, Gerry Paul, an individual member of the Tree Committee filed a complaint regarding the enforcement of the Tree Bylaw and staff have developed a memorandum response which is also attached. SUGGESTED MOTION: No formal motion is required, only a general consensus of the Select Board on whether the Town Manager should establish a Working Group. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 6:50pm ATTACHMENTS: Description Type lFrec Byhm if dbrcomit Response Meny) (Awer Memo James Malloy From: Patricia Moyer <pat_moyer@comcast.net> Sent: Sunday, July 2, 2023 2:57 PM To: James Malloy;Joe Pato Cc: mark@connorarchitecture.com Subject: tree concerns Follow Up Flag: Flag for follow up Flag Status: Completed 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. Dear Mr. Malloy: We are writing to follow up on the presentation made to the Select Board on 5/22/23 by the Tree Statement of Concern group. Request#5 is the specific subject of this message. We request that you convene and task a tree bylaw enforcement working group to begin meeting soon, and regularly,to identify challenges and solutions to consistent enforcement of the bylaw. These solutions would be presented to you, the director of the DPW, and to the Select Board before Town Meeting of 2024. We support the Tree Statement's request that the group consist of the Tree Warden, the Director of the DPW or his designee, 2 members of the Tree Committee, and a representative of your office. This request seems urgent to us. We need to rectify tree bylaw enforcement issues that are ongoing, resulting in canopy loss, and significant revenue loss to the town. We also need the group to inform future Tree Bylaw amendments. We look forward to your response, and to beginning this work. Respectfully, Mark Connor Patricia Moyer Co-chairs, Lexington Tree Committee 1 �b.0.d'1 tli fiXV Cw "A X h;d J4P'IV'N4M� T1 7P 9�210 2 5 Town of Lexington Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: August 17, 2023 RE: Tree Bylaw Enforcement Issues As the Board may be aware, Gerry Paul has submitted a substantial complaint regarding enforcement of the Town's Tree Bylaw related to fees and mitigation payments (attached). I requested, through Dave Pinsonneault, that Chris Filadoro go through the complaint and identify what mitigation (fees and/or replanting) occurred. The complaint was made in two parts, one labeled, "Irregularities in Assessment of Tree Bylaw Fees and Required Mitigation" and the second, "Irregularities in Collection of Tree Bylaw Fees and Mitigation Payments." Some of the information is duplicative and therefore, staff used the first document to respond in detail by property address and provided a summary response to the second document in this memorandum. In the document, "Irregularities in Assessment of Tree Bylaw Fees and Required Mitigation" (attached) Table 1 lists a number of properties where the Tree Warden's enforcement of the bylaw is questioned. The following is staff s response to those questions: • 203 Marrett: report on View Permit about hazard trees from a Certified Arborist • 65 Locust: Finnegan was not charged the updated removal fees of$20 per inch • 74 Oak: A Dead 8"tree was removed from the Town ROW with my permission • 526 Marrett Road: Chris Filadoro met with John Marquis from Marquis Tree and walked the site. The trees were all in very bad condition and taken down as hazards • 19 Hastings: Mitigation fees were paid • 19 Patterson: Paid a mitigation fee for all trees removed • 5 Munroe: They paid a mitigation fee of$30k • 2 Rolfe Road: Mitigation fees paid, address was changed from Woburn to Rolfe road changing the setback area • 368 Mass Ave: Hazardous trees removed from back right side of the property, 6 trees were planted from the Recommended Planting List giving extra credit for planting • 5 Skyview: 21 Trees planted for mitigation 16"tree was dead and no charge • 9 Fair Oaks: Mitigation fee paid • 300 Bedford Street: Mitigation fees paid 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 • 92 Cedar St: Several Hazardous Trees approved for removal • 59 Laconia: They planted several large birch trees on site for mitigation, they were charged the old rate of$10 per inch, and the bylaw had just been changed within a week or two • 7 Holton: They were approved for removing hazardous trees • 212 Concord: Hazardous tree was removed and not documented 0 68 Colony: The trees removed had two leads that totaled over 24", not a single 24" stem • 155 Shade: Dead 12" oak in the town ROW that was approved for removal • 197-199 Bedford St: Mitigation planting in the back and sides of the property as well as the front, no removal fees were charged and should have been • 197 Cedar: Several hazardous trees removed, n/c 0 7 Stevens: Mitigation fees paid,permits were filed before the updated bylaw • 25 Oxbow: Builder removed trees after inspection and did not bring this to my attention, removal fees should have been paid and were not • 10 Wheeler: Several hazardous trees removed but not documented 0 32 Middle: Mitigation fee of$1200 paid along with replanting • 44 Paul Revere: Several large hazardous trees removed and a mitigation fee was paid of$2700 • 7 Bates: Mitigation of$3300 paid and trees planted • 19 Hudson: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 25 Wyman: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 54 Robinson: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change 0 37 Woodland: 7 trees or 100" were permitted for removal, the builder wanted to remove more trees but we worked with him to leave them. • 118 Cedar: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change 0 8 Oxford: Tree removed in town ROW without permission, should have been charged a fine • 10 Constitution: Removed a 6" tree, paid removal fees, and replanted 2 3" trees • 378 Woburn: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 5 Kimball: Builder changed their mind, noted in comments that 0 tree were removed 8/4/2021 • 193 Bedford: All trees remove were replanted, and several hazardous trees removed • 14 Woodcliffe: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 26 Volunteer: Builder implied no trees were coming down at the time of inspection, they never updated me on any removals of hazardous trees. Removal fees were not paid and some trees were planted for mitigation. • 137 Wood: Several large hazardous trees removed, several trees were saved, 13 trees replanted • 177 Cedar: This was part of a planning board project that was part of a sub division. Mitigation planting was completed throughout the entire development 0 68 Freemont: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 272 Lowell: Several hazardous trees removed, no mitigation or replanting required • 101 Bedford: Several trees removed during construction no fees collected because they were hazardous • 22 Washington: Several trees were allowed to be removed in the setback that were hazardous, the builder also did some replanting • 14 Colony: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 48 Lincoln: Several hazardous trees removed on the left side of the lot. No charges for hazardous trees • 15 Hillcrest: Water and sewer service going through the stump, deemed hazardous, several failing pints of the tree. No charge for this hazardous tree removal or replanting • 110 Wood: Replanting was done,removal fees were never paid • 290 Emerson: $420 paid in removal fees, trees larger than 24" where enforced at 100% at this time. • 15 Flintlock: The builder had permission to remove hazardous tree. No replanting or fees • 26 Dane: Builder was only charged 1 time the amount not 2 times the amount per the bylaw change • 9 Dunham: Builder removed trees after the inspection that were hazardous, no charge or replanting • 24 Columbus: Builder removed trees that were hazardous, no charge or replanting • 20 Hill: Only hazard trees were removed after my inspection • 56 Blossomcrest: 61"were approved for removal along with some hazardous trees approved for removal, mitigation planting was also done and some mitigation fees paid. • 82 Spring: Builder removed 1-2 trees after inspection and did not let me know • 51 Bertwell: The builder removed trees after the inspection and did not pay removal fees, some hazard trees were removed • 7 Graham: Builder/homeowner removed trees before he had proper sign off, he also removed town trees from Conservation Land. He was mandated to replant for the trees he removed as well as pay any mitigation fees. • 198 Bedford: Builder removed trees after inspection, most of them were hazardous, and replanting was also done • 2 Cushing: 3 trees removed and permit fees paid, builder may have removed trees after the inspections • 546 Lowell: Builder was approved to remove 9 trees, he paid the removal fees. Hazardous trees were also allowed to be removed • 17 Volunteer: Trees were removed more than one year before inspection, also removed trees after inspections • 2 Wheeler: No open permit for this property at this time • 72 Prospect Hill: Open permit, Chris Filadoro has talked to the builder several times and let him know that he removed a tree in the Town ROW, this tree has been appraised, this will be taken care of before any CO is issued • 440 Bedford: There is not a town ROW, this is state land ROW Dave Pinsonneault indicated that some of the discrepancies are due to the allowance for hazard tree removal, trees removed after the initial inspection and approval and the difference in the fee amounts as a result of changes to the bylaw. It should be noted that over the past several years there have been significant changes made to the Tree Bylaw. The changes have added additional staff time and responsibility to the Tree Warden duties. There were also changes in the amounts for tree permits and mitigation fees. The DPW Director has requested additional staff for the past 2 years in order to help the Tree Warden meet the requirements of the tree bylaw. These requests have not been approved, due to funding availability. The lack of additional staff time has resulted in some items being missed or some items not being updated on some of the bylaw sites. The Tree Warden is not able to make multiple visits to the sites and often has to rely on the builder to properly perform the work they were approved for and to account for it. The recording system was also not initially functioning properly, however, DPW staff worked with our IT Department to redesign the permit application and information needed by the builders, which is now much improved. Staff continues to work on improving the process for administering the bylaw which requires time and cooperation. On the second complaint entitled, "Irregularities in Collection of Tree Bylaw Fees and Mitigation Payments" as stated above, a number of the tree locations are duplicative, staff has the following comments related to the four tables included in this complaint (for those addresses that are not included above): Table 1 — Tree Removal Permit Fees Not Collected—A portion of this was that when View Permit was first being used, there was nowhere an applicant could pay this fee. In other cases, the fee was not captured because the applicant removed trees after the permit was released. Table 2 — Mitigation Not Collected— For those addresses not covered above: • 10 Carriage; Trees removed were hazards and or not in the setback areas • 303 Woburn: Mitigation fee paid by Andrew Burns • 3 Underwood: Seaver removed a Tree After CO was issues • 114 Bow: All trees removed were hazardous or dead • 8 Oxford: A Town Tree was removed that will be fined to the Builder • 546 Lowell: All trees removed were hazardous or dead • 25 Oxbow: Builder gave the wrong information about replanting and did not follow through Table 3 — Mitigation Not Collected but Planting Information Needed to determine if Mitigation Payment Required—For those addresses not covered above: • 2 Penny and 6 Winding: Mitigation was through replanting on the entire development • 39 Woodcliffe mitigation was replanted (for the remainder of the properties, Chris Filadoro will need to do inspections to gather the final information) Table 4— Plot plans/post-build surveys were submitted that showed trees to be removed but no assessments/collection were made for fee/mitigation. All of these are addressed above. Dave Pinsonneault, DPW Director will be attending the 8/21/23 Select Board meeting discussion to respond to any questions the Board may have on the above. In determining the best step forward to ensure the bylaw is being met within the acceptable standards of the Town, there are two things the Board should consider. First that trees and the DBH inches of trees are not an exact science, there has to be some discretion for determining the DBH related to the bylaw. Second, that the expectation for all of our Inspectors is to both ensure the bylaws are being enforced, but also for balance, for our Inspectors to work with builders, developers and individual residents in a manner that ensures voluntary compliance and provides some discretion for Inspectors to make calls in the field. Should you have any questions or need additional information, please let me know. Irregularities in Assessment of Tree Bylaw Fees and Required Mitigation Summary Previous reports1,2 from June 2021 and May 2022 documented issues related to the proper assessment of tree removal permit fees and mitigation payments required by the Lexington Tree Bylaw. In these reports we identified the following issues: • Failure to account properly for removed trees with 24"DBH or greater. • Failure to use correct rates for tree permit fees and mitigation payments. • Failure to assess any fees or mitigation for properties that had protected trees in the setbacks removed • Failure to account for all protected removed trees in the setback. These irregularities, as well as others, continue to cost the Town tens of thousands of dollars per year in lost revenue and decrease the incentive for developers to adhere to the bylaw. Furthermore, opportunities to assess and collect monies owed the Town were not taken advantage of despite the fact that the DPW was repeatedly made aware of them. A companion report3 addresses irregularities in the collection of payments. 1. Introduction This report is a comprehensive study of properties regulated by the Town of Lexington Tree Bylaw4. It updates information on properties previously identified in earlier reports L2 as exhibiting irregularities in the assessment of tree removal fees and required mitigation. In addition, it provides information about assessment irregularities that have come to light at other properties. Sections 2-5, describe the nature of the irregularities. Our findings and conclusion are presented in Section 6. Appendices A and B review properties with irregularities identified in the June 2021 and May 2022 reports,respectively. We find that many of the commitments made to follow up on specific properties were not carried out. Appendix C, contains an example of a property at which no fees or mitigation payments were collected the despite numerous times that 'Report to the Tree Committee on Bylaw Enforcement Concerns Ih.tt.p.s. rece r _s.:.11 xiin.g.oln.irn .:.g� elbU i.ink/1.t_aRS 'Use of Open Gov and Bylaw enforcement Irrttp.s. rece rra_s.:.11-iin�.gpin.irn .:.g��r�i s Irregularities in Collection of Tree Bylaw Fees and Mitigation Payments (to be submitted to Town archive). 4 Lexington Tree Bylaw h. June S, 2023 1 this property was brought to the attention of the tree warden. Finally, Appendix D describes the information sources for this report. 2. Failure to account properly for removed trees with DBH 24" or greater In 2017, the tree bylaw was amended introducing the concept of"replacement inch"which for trees 24" DBH or greater is to be calculated as two times the DBH. In May 2021, we reported that this multiplier had almost never been used'. In 2021 the bylaw was further amended specifying the replacement inch to be calculated as four times the DBH. In May 2022 we reported that there were still cases for which the appropriate multiplier was not used and in some cases no multiplier was used at a112. Table 1 includes properties for which this problem continues. There is still no satisfactory explanation for this irregularity that began in 2017 and continues to the present day. 3. Failure to use correct rates for tree permit fees and mitigation payments In 2021 the rates for tree removal permit fees were increased from $10 to $20 per DBH inch and for mitigation payments from $100 to $200 per replacement inch. In May 2022 we reported that there were cases for which the appropriate rates were not being used 2. These situations have not been rectified. 4. Assessment of no fees and mitigation requirements for properties that had protected trees removed This problem was reported to the Tree Warden and DPW Director in June 20211. The DPW Director stated that this was due to the practice of not making final inspections at sites at which a developer had indicated they were not going to remove trees. However, we found that this occurred at properties where the developer had, in fact, indicated (in a submitted plot plan, in Viewpoint cloud, and/or the tree wardens' spreadsheet) that they would remove trees. Table 1 includes such properties, at which the lack of assessment is thus unexplained. In July 2021 the DPW Director stated thats "Chris will be revisiting all sites prior to a CO to ensure proper adherence to the Bylaw". However, the problem continues: Table 1 includes properties for which there is no record of permit or mitigation fees being assessed or paid. These properties have certificates of occupancy granted after July 2021, had plot plans that indicated trees were going to be removed and/or had indications that site was visited (e.g., 48 Lincoln St) Thus, the required payments should have been assessed and paid before signoff on the certificate of occupancy was granted. We do not know if these problems were due to the Tree Warden not visiting the site or due to something else. 5 Email to Nancy Sofen July 10,2021. June 8, 2023 2 5. Not all removed trees accounted for At many properties, more trees were removed than accounted for in the tree warden's assessments of permit fees and required mitigation. Designation of certain trees as hazards at some of these properties does not explain the discrepancy. The tree warden has stated that the cause of these irregularities is that developers haven't notified him when they removed trees after the initial designation of trees to be removed was made. However, whether the tree warden was notified or not, the removal of these additional trees should have been accounted for at the final inspection by the tree warden before the certificate of occupancy was issued. 6. Findings We reviewed properties for which certificates of occupancy were issued over the last 3 years. Data sources included: • Annotated Plot plans • Scanned paper tree removal permits ("green sheet") • Tree warden bylaw activity spreadsheet • Pre- and post-construction plot plans • The Tree Removal Permit created in ViewPoint Cloud. • Comments in records in the ViewPoint Cloud • Google Streetview These sources are described in more detail, including their limitations, in Appendix D. Our findings are contained in Table 1. The significance of the footnotes to the table are as follows: (a) Property was called to attention of Tree Warden in May 2022 and October 2022—For those properties with certificates of occupancy after these dates, there was an opportunity to correct the issue. (b) Known evader of bylaw—special attention should have been paid to these properties given the history of the developer. (c) Trees were indicated to be removed in the paper plot plan,plot plan submitted electronically, or in ViewPoint Cloud—there should have been no question about the need to make a final determination of the proper assessment before the certificate of occupancy was issued. (d) As-built plot plan was submitted with trees shown submitted—it would have been straightforward to determine the proper assessments even if a final site visit was not performed. (e) Tree(s)>24" removed are involved in irregularity—one or more large trees were removed and the required mitigation would have been significant. To make clear the continuing nature of these irregularities, we note in the table the point in time at which the June 2021 and May 22 reports were issued the Lexington Department of Public Works, of our general concerns and those relative to specific properties. June 8, 2023 3 Disclaimer Record keeping regarding tree permits has been inconsistent and incomplete. For that reason, it is possible that there are "false positives" in the table. We welcome any corrections. Respectfully submitted, Gerry Paul June 8, 2023 4 Table 1. Properties with Irregularities in Tree Bylaw Assessments Property Applicant Certificate Irregularity Notes of Occupancy Issued 203 Marrett Joshua Michalak 3/24/2023 Wrong Fee/Mitigation rate used a, c, d All removed trees not accounted for 65 Locust Finnegan 3/10/2023 All removed trees not accounted for c, d 74 Oak Joshua Michalak 3/7/2023 Tree removed in ROW. c, d 526 Marrett John Berglund 2/l/2023 Tree(s)removed but no assessment a, b 19 Hastings Richard Phelan 1/4/2023 Multiplier not used for trees >24" c, d 19 Patterson Tom Lamarche 12/22/2022 Wrong Fee/Mitigation rate used a, c, d 5 Munroe Mingzong Zou 12/9/2022 All removed trees not accounted for a, c, d, e 2 Rolfe John Berglund 12/8/2022 Multiplier not used for trees >24" a,b All removed trees not accounted for 368 Mass Ave c. Defrancesco 10/28/2022 All removed trees not accounted for c, d, e 5 Sk view Tory Kelliher 9/27/2022 All removed trees not accounted for a, c, d, e 9 Fair Oaks Jing Ma 8/25/2022 Multiplier not used for trees > 24" c 300 Bedford Andrew Burns 7/19/2022 All removed trees not accounted for a, c, d, e 92 Cedar Mark Barons 7/19/2022 Tree(s)removed but no assessment c, d, e 242 re lacement inches) 59 Laconia Walter Scott 7/7/2022 Wrong Fee/Mitigation rate used a, d 7 Holton Mark Barons 7/3/2022 Trees removed but no assessment c, d 212 Concord James Barr 6/22/2022 Tree(s)removed but no assessment b, c, d, e 6 Mill Brook John Hills 5/31/2022 All removed trees not accounted for c, d, e Multi lier not used for trees >24" 68 Colony Dalftor Develop. 5/27/2022 Multiplier not used for trees > 24" a, c May 2022 Report Issued 155 Shade Joshua Michalak 4/28/2022 Tree removed in ROW c 197-199 Bedford Robert Burge 3/10/2022 All removed trees not accounted for c 197 Cedar J. Gelormim 3/9/2022 Trees removed but no assessment c, d, e 7 Stevens Ibrahim Al ur 1/25/2022 Multiplier not used for trees > 24" c 25 Oxbow Seaver 1/20/2022 All removed trees not accounted for c, d 10 Wheeler David Burns 1/18/22 All removed trees not accounted for c, d, e 32 Middle Macro Construct. 1/17/2022 All removed trees not accounted for c, d 44 Paul Revere James Barr 1/14/2022 Trees removed but no assessment b, d, e 7 Bates W. E clesh mer 12/28/2021 Multiplier not used for trees >24" 19 Hudson Daniel Moeller 12/21/21 Multiplier not used for trees >24" c, d 25 Wyman Joshua Kell 12/20/2021 Multiplier not used for trees >24" c 54 Robinson Joel Werrrick 11/26/21 Multiplier not used for trees >24" c, d 37 Woodland Finnegan 11/22/21 All removed trees not accounted for c, d, e 118 Cedar Joshua Michalak 11/9/2021 Multiplier not used for trees > 24" c, d June 8, 2023 5 8 Oxford John Berglund 10/18/2021 Tree removed in ROW b, c, d 10 Constitution John Hills 10/12/2021 All removed trees not accounted for c, d, e 378 Woburn C. Defrancesco 8/25/2021 Multiplier not used for trees > 24" c, d 5 Kimball Fernando Dalfior 8/11/2021 Tree(s)removed but no assessment c, d, e 193 Bedford Robert Burge 8/3/2021 All removed trees not accounted for c, d, e June 2021 Report Issued 14 Woodcliffe Yuri Chan 6/15/2020 Multiplier not used for trees > 24" c, d 26 Volunteer James Barr 6/14/2021 Tree(s)removed but no assessment b, d, e (500+replacement inches) 137 Wood Mark Barons 5/31/2021 Tree(s)removed but no assessment c, d, e 274 re lacement inches 177 Cedar Finnegan 5/13/2021 Tree(s)removed but no assessment c, d, e 68 Freemont Nick Simon 4/22/2021 Multiplier not used for trees >24" c, d 272 Lowell James Barr 4/22/2021 Tree(s)removed but no assessment b, d 101 Bedford John Esserian 4/21/21 Trees removed but no assessment c, d 22 Washington Joseph Ciampa 3/25/2021 All removed trees not accounted for c, d 14 Colony Fabian Flori 2/4/2021 All removed trees not accounted for c, d Multi lier not used for trees > 24" 48 Lincoln James Barr 1/12/2021 Trees removed but no assessment b, c, d 15 Hillcrest John Berglund 12/16/2020 Problematic hazard declaration b 110 Wood C. Defrancesco 12/16/2020 All removed trees not accounted for c, d 290 Emerson John Hill 11/9/2020 All removed trees not accounted for c, d Multi lier not used for trees > 24" 15 Flintlock Joesph Barr 11/4/2020 All removed trees not accounted for d, "no trees to be removed" 26 Dane Von Salmi 10/30/2020 Multiplier not used for trees >24" c, d 9 Dunham John Berglund 9/14/2020 Trees removed but no assessment c 24 Columbus Joes h Barr 9/3/2020 All removed trees not accounted for d 20 Hill Mark Barons 8/4/2020 Trees removed but no assessment e 56 Blossomcrest W. Eycleshymer 7/16/20 All removed trees not accounted for c, d 335 total replacement inches 82 Spring Seaver 7/13/2020 All removed trees not accounted for c, e 51 Bertwell Doug Orr 6/24/2020 All removed trees not accounted for c, d, e 7 Graham David Winnick 3/10/2020 Multiplier not used for trees > 24" Trees removed in ROW 198 Bedford James Barr 2/21/2020 Tree(s) removed but no assessment b, c, d, e 127 DBH/246 replacement inches 2 Cushing Erika Hueneburg 1/31/2020 All removed trees not accounted for c, d, e Tree removed in ROW 546 Lowell Joseph Gelormini 1/27/2020 All removed trees not accounted for c, d 17 Volunteer Doug Orr 10/11/2019 Trees removed but no assessment c Open notable properties 2 Wheeler James Barr Tree warden accepted plot plan that b did not reflect reality at the property June 8, 2023 6 72 Prospect Hill Walter Hatfield Trees removed with no permit, fee. Tree removed in ROW Tree Warden notified of above; no action taken. 440 Bedford Trees removed in ROW c a Property was called to attention of Tree Warden in May 2022 and October 2022 'Known evader of bylaw Trees were indicated to be removed in paper plot plan,plot plan submitted online or in ViewPoint Cloud d As-built plot plan with trees shown was submitted e Tree(s)>24"removed are involved in irregularity June 8, 2023 7 Appendix A. Review of follow-up for properties in June 2021 Report' Responding to the June 2021 report, the DPW Director committed to certain actions for each property6. Despite requests from the Tree Committee, no update was ever provided concerning these promised actions. For each of these properties we list the promised action and an outcome or comment based on the status as of this writing. • 198 Bedford—James Barr o Promised Action: "The builder claims that there were a few trees that were in very poor condition that he removed. Chris did not have a chance to deem them hazards or not hazards and is following up with the builder with regards to next steps." o Update provided: none o Comment: Developer removed: 8, 24, 24, 31,40=127 DBH, 246 replacement inches. No record of any fee/mitigation payments for this property. • 193-195 Bedford—Robert Burge o Promised Action: "This project has not been closed out yet. There was an additional site visit that was done after the first one that approved the removal of a dead and hazardous tree that was not noted on the plot plan. Chris is working with the builder on next steps." o Update provided: none o Comment: This lot was actually clear cut. 21", 7", 10" and 24" trees were removed. There is no clear record of removed DBH and replacement inches, assessed permit fee, required mitigation and mitigation replanting. The same issues apply to the sister lot at 197-199 Bedford St that was also clear cut. • 3 Underwood (82 Spring St) - Seaver o Promised Actions: "This property was originally submitted as a Spring Street address and the side setback was only 15' and did not capture the large oak tree at that time. Chris has spoken with the builder and they are aware that they will need to pay additional fees for both the removal and mitigation of this tree." o Update provided: none o Comment: On corner lots, setbacks on corner sides are 30' and 20'. The large oak (30"DBH) was within the 20' setback. No record of any additional fee or any mitigation payment for this property. • 19 Locke Lane—James Barr o Promised Action: "The Builder noted that there were no trees being removed at the time of demo and says that the owner wanted them removed after the house was removed and the builder did not check back in with the Town. When there are no trees agreed to for removal, we do not do a follow up site visit as there is no planting or mitigation requirements. Chris has reached out to the builder and 6 Email to Nancy Sofen,June 17,2021. June 8, 2023 8 they are aware that they will need to pay additional fees for both the removal and mitigation of the trees." o Update provided: none o Comment: No record of any fee/mitigation payments for this property. There is no record showing any additional documentation or fee/mitigation payments for these properties. Appendix B. Review of follow-up for properties in May 2022 Report On October 14, 2022 the status of issues raised in the May 2022 report was provided by the DPW7. For each of these properties (grouped by the issue raised), we list the status provided by the DPW and an outcome or comment based on the current status. Some of the statuses provided appear to be pro-forma—not relating to the specific issue raised in the May 2022 report. For such properties,however, other problems may have been identified and are noted. Some irregularities were corrected before issuance of the certificate of occupancy. However, for several properties, despite being made aware of an issue, certificates of occupancy were issued without the correction of the issue; these irregularities could have been rectified before the CO was issued, but they were not. Demolition permits have been issued without certain online tree permit steps completed by the Tree Warden. 0 5 Skyview Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment: On September 27, 2022 a certificate of occupancy was issued. Additional steps were completed but the "Final CO Inspection—Tree Warden" step was not indicated as complete in the ViewPoint Cloud Tree Permit. 0 303 Woburn Street: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment. March 13, 2023 a certificate of occupancy was issued without collection of a required mitigation payment. • 59 Laconia Street: o Status provided: "This permit is closed. Trees were planted on property." o Comment: It is not clear why he would be in contact with the builder to resolve this issue. However, on July 7, 2022, a certificate of occupancy was issued and despite being brought to the attention of the DPW in May 2022, incorrect rates for the permit Eh �.�-. E2!gEJ,in -to �... yly / 522/ g e1 �.P.�: June 8, 2023 9 fee and mitigation payment were used. The trees planted were not sufficient to mitigate the required payment but no mitigation payment was made. Tree permit fees have been assessed incorrectly. 0 38 Webster Street: o Status provided: "This permit is closed. Tree mitigation fee was collected." o Comment: On November 4, 2022 the certificate of occupancy was issued. It appears that an attempt was made to correct this, but there is no record of an additional fee payment. • 203 Marrett Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment: On March 24, 2023 the certificate of occupancy was issued. Despite being brought to the attention of the DPW in May 2022, there is no record of an additional fee payment. • 19 Patterson Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment: On March 13, 2023 the certificate of occupancy was issued. Despite being brought to the attention of the DPW in May 2022, there is no record of an additional fee payment Additional mitigation for larger trees is not applied consistently • 5 Munroe Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Outcome: A correction was made and the correct multiplier for the trees with DBH>24"was assessed and paid. However, additional trees removed were unaccounted for. 0 68 Colony Road: o Status provided: "Chris is in contact with the builder to resolve this." o Outcome: On May 27, 2022 a certificate of occupancy was issued. There is no record that the incorrect mitigation calculation was corrected. The trees planted were not sufficient to mitigate even the incorrect mitigation assessment but no mitigation payment was made. Some applicants explicitly provide false information to the Tree Warden that has then not been verified • 526 Marrett Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Outcome: On February 1, 2023 a certificate of occupancy was issued. Despite having been brought to the attention of the DPW multiple times, there is no record that required payments were assessed or made. (See Appendix C for details) 0 30 Rockville Road: o Status provided: "Chris is in contact with the builder to resolve this." June 8, 2023 10 o Outcome: On June 10, 2022 a certificate of occupancy was issued. The required mitigation payment was collected but the tree permit fee was not. 2 Rolfe Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Outcome: On December 8, 2022, a certificate of occupancy was issued. Despite the DPW being alerted of the fact that no multiplier was being used to calculate the required mitigation payment for the removal of a 24" DBH tree, the incorrect value was assessed. Also, additional trees were removed on the property that were not reflected in the assessment. There is no consistent recording of removal fee payments required/made. 300 Bedford Street: o Status provided: "Chris is in contact with the builder to resolve this." o Comment: In the May 2022 report, this was incorrectly inserted. However, on July 19, 2022 a certificate of occupancy was issued with payments not reflecting several removed trees that were unaccounted for. Fees/mitigation payments have been waived with no explanation • 2 Munroe Road: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment: On January 13, 2023 a certificate of occupancy was issued. There is still no explanation why the permit fee was waived. • 59 Ward Street: o Status provided: "This permit is still open. Chris is in contact with the builder." o Comment: As of this writing, this site is still open. The correct permit fee was paid. Appendix C. 526 Marrett Road Tree Removals and Lacy of Bylaw Enforcement Example Summary Approximately $39,000 of fees and mitigation payments required under the Lexington Tree Bylaw should have been assessed and paid to the Town for removal of trees at 526 Marrett Rd. Despite having been brought to the attention of the DPW multiple times, there is no record that such payments were assessed or made. Timeline • Feb 10, 2022—Demolition Permit application submitted. The plot plan indicates that 7 trees will be removed(with only one in the setback). • Feb 17, 2022—In the Tree Warden Review step in the Demo Permit process in Viewpoint Cloud, Chris Filadoro makes the entry: "per our conversation there are no trees coming down at this time. thanks, Chris" June 8, 2023 11 • Feb 24, 2022—Demolition Permit issued • March 17, 2022—A resident, Dan Miller, emails the Tree Committee asking if the Committee knew about the clear cutting of many trees in the setback. • March 29, 2022—Gerry Paul notifies Dave Pinsonneault of the issue. • March 29, 2022—Dave Pinsonneault replies: "I spoke to Chris and he is working with the builder. The original approval was to demo the structure without removing trees which Chris confirmed he did. Chris then met the builder on site to assess the trees and determine which trees were to be allowed for removal. The permit information needs to be updated and he will do so this week. Thanks." [The Demo Permit application was never updated; no tree removal permit was ever issued.] • April 28, 2022—Gerry Paul sends Dave Pinsonneault the Report on Tree Bylaw Enforcement and the Use of the OpenGov DPW Tree Permit with 526 Marrett Rd included as a property with irregularities • May 5, 2022—Tree Removal Permit application is submitted by the developer stated: "protected trees to be removed: 0". • May 7, 2022—New Construction Permit submitted. • May 22, 2022—Gerry Paul, Nancy Sofen, and Mark Connor meet with Dave Pinsonneault to discuss the above report including discussion of 526 Marrett Road and other properties developed by John Berglund. • July 14, 2022—In the Tree Warden Review step in Viewpoint Cloud, Jim Kelly makes the entry: "we still need the tree fee or approval from Chris on tree permit" • August 1, 2022—526 Marrett Rd and other properties developed by John Berglund are mentioned as having irregularities at a meeting of Dave Pinsonneault, Jim Malloy, Jill Hai, Joe Pato,Nancy Sofen and Gerry Paul. • October 14, 2022—After having been requested at the October 13 Tree Committee meeting to provide status on bylaw sites with irregularities, Dave Pinsonneault sends list of sites, including 526 Marrett Road, to Gerry Paul. Status provided is: "526 Marrett Road: This permit is still open. Chris is in contact with the builder. " • January 18, 2023 —In the Tree Warden Inspection step in Viewpoint Cloud, Jim Kelly makes entry: "Chris, was there ever a fee and approval?" • January 31, 2023 —Jim Kelly makes the entry in the Tree Fee step: "OK to close (CF)" • January 31, 2023 —Jim Kelly makes the entry in the Tree Warden Notification step: "per CF, ok to close". • February 1, 2023 —Certificate of Occupancy is issued. June 8, 2023 12 It is estimated that approximately 175 DBH inches of protected trees were removed at 526 Marrett Rd. Thus, a tree removal permit fee of$3500 and a mitigation fee of$35,000 should have been assessed and collected by the Tree Warden". There is no record that these required assessments were made or collected. 8 Tree permits are assessed at$20 per DBH inch; mitigation is assessed at$200 per DBH inch unless a removed tree has a DBH greater or equal to 24" in which case the rate is$800 per DBH inch. All the removed trees had DBH's less than 24". 9 No mitigation planting was done that would have reduced the mitigation payment required. June 8, 2023 13 526 Marrett Rd Before and After Tree Removals (additional trees were also removed at the rear of the lot). November 2021 March 2022 r v i i grl !- p� J r6fl%� June S, 2023 14 Appendix D. Data Sources We used the following for sources of information about assessments • Annotated Plot plans—Before the online Tree Permit in Viewpoint Cloud was implemented, the Tree Warden annotated plot plans submitted by developers with an indication of trees to be removed and trees indicated to be hazards. These annotations were used in preparing the June 2021 report. • Paper tree removal permit ("green sheet") -—Before the online Tree Permit in Viewpoint Cloud was implemented, the Tree Warden filled out this permit sheet listing the number of inches of DBH to be removed and sometimes information about trees declared as hazards. They were sometimes scanned and uploaded as a file to Viewpoint Cloud. • Tree warden bylaw activity spreadsheet -this spreadsheet has been used by the tree warden since the inception of the bylaw70. It lists the number of trees removed and the number of DBH (diameter at breast height) inches removed. The actual number of inches for which a mitigation payment must be made may differ from the inches removed because: o Removal of fewer or additional trees may have made after an entry in the spreadsheet is created but the entry was not updated. o A removed tree may have had a diameter equal or greater than 24 DBH inches, in which case the diameter is multiplied by 2 or 4 (after July 2017 or July 2021 respectively) to obtain the inches to be mitigated o Trees may have been planted to reduce the required payment • Pre- and post-construction plot plans. These do not always show trees on the property as required by the bylaw. • The Tree Removal Permit created in the online system - in many cases this is not filled in by the applicant or tree warden(or is filled in incorrectly). • Comments in records in the Viewpoint Cloud system—this is not done consistently • Google Streetview—this is useful because it provides historical information about a property before and during development. 10 Entries in this spreadsheet were no longer made by the tree warden after October 14,2021. June S, 2023 15 Irregularities in Collection of Tree Bylaw Fees and Mitigation Payments In certain circumstances the Lexington Tree Bylaw requires the payment of tree removal fees and mitigation payments. This report documents irregularities in the collection of these payments that have resulted in loss of significant monies to the Town. Equally important, awareness that fees may not be collected reduces the incentive for developers to retain trees. Concerns about the controls concerning these payments were also documented in an earlier reports. 1. Types of payments and how they are collected Tree removal permit fee— Requirements for these payments can optionally be entered by the Tree Warden in the Town's online permitting system, Viewpoint Cloud. However, this capability is rarely used for these tree removal fees. The fees can be paid with a check delivered to the Building Department or on-line with a credit card or e-check. When a payment is made by the property owner it is recorded in Viewpoint Cloud. Authorized users of Viewpoint Cloud can create reports listing these payments Tree mitigation payments—These payments can only be made through the Department of Public Works and only by check. Checks are brought by the property owner (or their representative) either to • The DPW front desk in which case the DPW front desk attendant, if requested, provides a paper receipt, and sends the tree warden an email notifying them of the payment. • The tree warden, who then delivers the checks to the DPW front desk. All checks received are sent to the Town Finance Department weekly with a printed "cash turnover sheet" created through an Excel spreadsheet. The printed sheet contains the name and number on the check. The address of the property for which the check is provided is usually noted in the excel spreadsheet and is sometimes present on the printed sheet. While there is a capability to record the need for a payment in the online Viewpoint Cloud Tree Removal Permit, it is almost never used. There appears to be no capability to formally record the payment in the Viewpoint Cloud System. 'Use of Open Gov and Bylaw enforcement—Sections 6 and 7 rtal s_[/rcca ,Icx nZotirn Pov/Web1,ink/0/doc/2510719{l'a�el.asp May 1S, 2023 1 2. Specification of required payments The tree warden determines a final value for the permit fee and required mitigation payment based on a visit to the site shortly before a certificate of occupancy is to be issued. There are several places where payments that are required are specified or can be inferred. • Tree warden bylaw activity spreadsheet-this spreadsheet has been used by the tree warden since the inception of the bylaw. It lists the number of trees removed and the number of DBH (diameter at breast height) inches removed. The actual number of inches for which a fee or mitigation payment must be made may differ from the inches removed because: o Trees may have been planted to reduce the required mitigation payment o A removed tree may have had a diameter equal or greater than 24 DBH inches in which case the diameter is multiplied by 2 or 4 (after July 2017 or July 2021 respectively) to obtain the inches to be mitigated o Removal of fewer or additional trees may have made after an entry in the spreadsheet is created but the entry has not been updated. • The Tree Removal Permit created in the online system. However, in many cases this is not filled in by the applicant or tree warden (or is filled in incorrectly). • Comments in records in the Viewpoint Cloud system—this is not done consistently There is now no place where fee and mitigation payments that are required are consistently and reliably recorded and no place where mitigation plantings are consistently recorded. However, we employ whatever data is available to document our findings with awareness of the caveats above. This report does not address the issue of whether required payments have been determined properly. That issue is addressed in two earlier reports', . Here we take the assessments at face value to determine if the required payments have been collected. The issue of whether fee payments have been properly collected has been raised before.' The DPW director has stated that fee payments may have been combined with other types of permits and thus were not documented. This may have been the case before the use of Viewpoint Cloud to record fee payments individually in late 2019, but should not be the case after that. 3. Who confirms that payments have been made so that demolition permits and certificates of occupancy may be issued? • Issuance of demolition permit- The tree warden when they declare complete the"Tree Warden Review"item in the demolition permit checklist in Viewpoint Cloud. • Issuance of certificate of occupancy - The tree warden when they declare complete the "Tree Warden Notification"item in the new construction permit checklist in Viewpoint Clout. Entries in this spreadsheet were no longer made after October 14,2021. s Report to the Tree Committee on Bylaw Enforcement Concerns Ihidttis://recot-d5lexing,to nma.Yov/Webl ink/0,0,0,0/doc/2487316/Page Las May 15, 2023 2 4. Findings For properties for which a certificate of occupancy was issued over the last 3 years, we identified those for which there was data to indicate that permit fee and/or mitigation payments had not been properly collected. Tree Removal Permit Fees—Our findings are in Table 1. Criteria included: • There was a non-zero entry in the tree warden spreadsheet for"inches removed" or in the tree permit granted but no record of a fee payment or • A mitigation payment was made but not a fee payment. Of the approximately 85 properties with tree removals, we found 35 for which the fee was not collected. Mitigation Pam- Our findings are in Table 2 and 3. Determining properties to be included in Table 2 was difficult because there is no consistent place where required payments are recorded. Rather to infer a required payment one must know the • Replacement inches required • The number of trees planted • The species of trees planted, based on which a potential credit multipliers is applied all of which are not recorded consistently or reliably. Given this, entries in the Table 2 are limited mostly to properties which have both of the following characteristics: • Are corner lots with no (or low) fences so that any mitigation planting could be seen without entering the property • Have a moderate or large mitigation requirement and a small number of trees planted as mitigation so that, any mitigation plantings could not have eliminated the need for a mitigation payment. or • Mitigation planting has been recorded in Viewpoint Cloud If appropriate mitigation planting data were available, there may be more properties that should be in Table 2. In Table 3 we list such properties for which no mitigation payments have been collected and are requesting information concerning possible mitigation planting to determine if they are appropriate for inclusion in Table 2. °Required mitigation is based on the concept of"replacement inch"that for trees with 24" DBH or greater is calculated as a multiple of the measured DBH. s Planting of certain species of large shade trees results in credit being given for a multiple of the actual DBH of the trees planted. May 15, 2023 3 Finally, Table 4 includes properties for which • plot plans were submitted that showed protected trees to be removed and/or • post-build surveys were submitted that showed trees had been removed either of which should have triggered a determination whether a permit fee and/or mitigation was required. Although trees planned for removal and sometimes additional trees were removed (in many cases large trees with a significant number of DBH inches), information about DBH inches removed and replacement inches has not been recorded. No assessments for tree permit fees or mitigation were made and neither a tree permit fee nor a mitigation payment was collected. Disclaimer: The analysis here is inexact. As explained above, available data is incomplete and, in some cases, inconsistent. Thus, some of the entries in the tables are almost certainly"false positives" for which corrections are welcome. However, there are enough conclusive cases that serious attention to this matter is warranted. 5. Summary There are properties governed by the Lexington Tree Bylaw for which required payments of significant value have not been collected. This has resulted not only in lost revenue but in loss of tree canopy which might have been avoided if it was understood by developers that assessed payments would be required. Respectfully submitted, Gerry Paul May 15, 2023 4 Table 1. Tree Removal Permit Fee Not Collected' Property Applicant Permit Cert. of DBH Inches Submitted Occupancy Removed Issued 267 Lowell James Barr 2/22/2022 1/24/2023 24 10 Loring Rd Finnegan 10/4/2021 6/10/2022 69 32 Outlook Finnegan 8/25/2021 8/24/2022 16 10 Tyler Joseph Ciam a 8/24/2021 11/14/2022 37 30 Rockville* John Berglund 7/27/2021 6/10/2022 60 2 Munroe* Ronald Gold 7/19/2021 1/13/2023 36 68 Colony* Dalfior Develop. 7/2/2021 5/27/2022 75 69 Pleasant Todd Cataldo 4/26/2021 In lot setback 573 Marrett Bernard Osgood 4/23/2021 9/22/2022 52 9 Fair Oaks Dr Jing Ma 4/6/2021 8/25/2022 66 7 Stevens Ibrahim Al ur 3/25/2021 1/25/2022 27 7 Bates W. Eycleshymer 2/27/2021 12/28/2021 40 21 Wheeler Joseph Gelormini 2/1/2021 12/6/2021 69 18 Blueberry Trina Murphy 1/21/2021 1/28/2022 55 31 Fairlawn Trina Murphy 1/21/2021 8/15/2022 20 3 Wheeler Finnegan 1/11/2021 11/17/2021 75 10 Constitution John Hills 1/8/2021 10/12/2021 6 19 Hudson Daniel Moeller 12/9/2020 12/21/2021 58 37 Woodland Finnegan 11/2/2020 11/22/2021 100 19 Hastings Richard Phelan 10/27/2020 1/4/2023 67 7 Fulton Doug Orr 10/2/2020 3/21/2022 48 25 Flintlock Jason Brickman 9/30/2020 6/24/2021 57 8 Oxford John Berglund 9/29/2020 10/18/2021 57 10 Carriage Robert Burge 9/16/2020 3/13/2023 117 17 Fairlawn Fernando Dalfior 9/11/2020 6/14/21 27 11 Norton Jason Brickman 9/l/2020 7/29/2021 75 371 Marrett Joshua Michalak 7/30/2020 11/29/2021 84 32 Middle Macro Construct. 7/20/2020 1/17/2022 12 180 Lincoln Finnegan 7/14/2020 3/29/2021 36 28 Normandy Finnegan 7/6/2020 6/15/21 114 378 Woburn C. Defrancesco 6/17/2020 8/25/2021 24 127 North Jason Chui 6/9/2020 2/15/2023 27 39 Woodcliffe Daniel Moeller 2/10/2020 12/2/2020 24 25 Wyman Joshua Dell 2/10/2020 12/20/2021 15 6 Before late 2019 Viewpoint Cloud did not distinguish payment types;Tree Removal fee payments may have been combined with other types of payments(e.g.,demolition,new construction, etc.). For this reason,properties for which a demolition or new construction permit was submitted before January 1,2020 were not considered for this table May 1S, 2023 S Table 2. Mitigation Not Collected Property Applicant Certificate DBH Inches Notes/Other Issues of Removed Occupancy Issued 10 Carriage Robert Burge 3/13/2023 117 303 Woburn Andrew Burns 3/13/2023 25 59 Laconia Walter Scott 7/7/2022 53 only 30"mitigated 68 Colony Dalfior Develop. 5/27/2022 75 only 45"mitigated no multiplier for 24" 25 Oxbow Seaver 1/20/2022 27 all removed trees not accounted for 8 Oxford John Berglund 10/18/2021 57 22 Washington Joseph Ciampa 3/25/2021 38 114 Bow Paul Sramowicz 9/20/2020 40 3 Underwood Seaver 7/13/2020 50 7 Graham David Wimuck 3/10/2020 62 only 27"mitigated 2 Cushing Erika Hueneburg 1/31/2020 58 all removed trees not accounted for 546 Lowell Joseph 1/27/2020 98 all removed trees not Gelormini accounted for May 1S, 2023 6 Table 3. Mitigation Not Collected but Planting Information Needed to Determine if Mitigation Payment Required Address Applicant Certificate of DBH Inches Notes/Other Issues Occupancy Removed Issued 65 Locust Finnegan 3/10/2023 84 all removed trees not accounted for 368 Mass C. DeFrancesco 10/28/2022 16 all removed trees not accounted for 19 Hudson Daniel Moeller 12/21/2021 58 54 Robinson Joel Werrrick 11/26/2021 50 $1500 of$5000 paid No multiplier for trees >24" 55 Wood W. E clesh mer 10/14/2021 68 10 Constitution John Hills 10/12/2021 6 all removed trees not accounted for 28 Normandy Finnegan 6/15/2021 114 180 Lincoln Finnegan 3/29/2021 36 14 Colony Fabian Flori 2/4/2021 84 5 Childs Joseph Gelormini 12/22/2020 50 39 Woodcliffe Daniel Moeller 12/2/2020 32 24 Columbus Joes h Barr 9/3/2020 16 6 Winding Finnegan 8/26/2020 140 3 6 Led elawn Paul Sramowicz 8/20/2020 70 51 Bertwell Doug Orr 6/24/2020 16 14 Woodcliffe Yun Chan 6/15/2020 121 2 Penny Finnegan 3/19/2020 62 80 Middle Scott Kenton 2/18/2020 84 May 1S, 2023 7 Table 4. Plot plans/post-build surveys were submitted that showed trees to be removed (and were removed) but no assessments/collections were made for fee/mitigation. Property Applicant Certificate of Occupancy Issued 526 Marrett John Berglund 2/1/2023 92 Cedar Mark Barons 7/19/2022 7 Holton Mark Barons 7/3/2022 212 Concord James Barr 6/22/2022 197 Cedar J. Gelormini 3/9/2022 44 Paul Revere James Barr 1/14/2022 5 Kimball Fernando Dalfior 8/11/2021 137 Wood Mark Barons 5/31/2021 177 Cedar Finnegan 5/13/2021 272 Lowell James Barr 4/22/2021 101 Bedford John Esserian 4/21/21 48 Lincoln James Barr 1/12/2021 9 Dunham John Berglund 9/14/2020 20 Hill Mark Barons 8/4/2020 198 Bedford James Barr 2/21/2020 17 Volunteer Doug Orr 10/11/2019 May 15, 2023 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Communications Advisory Committee Update on the Comcast of Massachusetts 111, Inc. ("Comcast") Cable Television License Renewal Process PRESENTER: ITEM NUMBER: Ken Pogran, Chair of the Communications Advisory Committee I.4 SUMMARY: Category: Inform ing/Decision Ken Pogran, Chairman of the Communications Advisory Committee, will provide an update regarding the Comcast of Massachusetts III, Inc. ("Comcast") Cable Television License Renewal Process . Comcast's cable television license with the Town of Lexington expires on August 31, 2024. The Town of Lexington's Communications Advisory Committee (CAC) conducted a Community Ascertainment process as the first phase of the Comcast license renewal process. The CAC's report is attached. The next step is to initiate the license negotiation phase. The Select Board is now being asked to approve the Community Ascertainment Report prepared by the Communications Advisory Committee, which will be provided to Comcast, as well as formally authorizing the Communications Advisory Committee to begin the process of negotiating a renewal cable television license with Comcast of Massachusetts III, Inc. ("Comcast"). SUGGESTED MOTION: Move to approve the Community Ascertainment Report prepared by the Communications Advisory Committee, and formally authorize the Communications Advisory Committee to begin the process of negotiating a renewal cable television license with Comcast of Massachusetts III, Inc. ("Comcast"). FOLLOW-UP: Communications Advisory Committee DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 7:10pm ATTACHMENTS: Description Type D (ACRepmt llickup Materkil TOWN OF LEXINGTON COMMUNICATIONS ADVISORY COMMITTEE Comcast Cable Television License Renewal Community Ascertainment August 2023 Comcast of Massachusetts III, Inc. ("Comcast") is one of three cable television operators in the Town of Lexington, Massachusetts. Comcast provides cable television services in the Town in accordance with a Cable Television Renewal License issued by the Town on September 1, 2014, and expiring on August 31, 2024. Comcast also provides other telecommunications services in the Town, including telephone and Internet services,that are not subject to licensure by the Town. In its November 30, 2021, letter to the Select Board of the Town of Lexington, Comcast notified the Town of its interest in renewing its cable television license, in accordance with Federal and Massachusetts law and regulation. This notification formally initiated the license renewal process. In August 2022,the Select Board of the Town of Lexington (the "Board"), as Issuing Authority for cable television licenses in the Town, authorized the Communications Advisory Committee ("CAC") to begin the cable television license renewal process with Comcast, subject to the oversight of the Board. The CAC's objective is to negotiate a renewal license with Comcast that the Board will then execute on behalf of the Town. The first phase of the license renewal process is Ascertainment—conducting a review of the cable operator's performance under its current license and ascertaining the needs and interests of the community. This report documents the results of the Ascertainment process conducted by the CAC. ASCERTAINMENT ACTIVITIES Activities conducted by the CAC in reviewing Comcast's performance as a cable television operator in Lexington and in determining the Town's cable-related needs and interests in a Comcast renewal license included the following: Soliciting comment from the Town Manager and from the Superintendent of Schools regarding Comcast's performance under its current license and any new or additional cable-related needs municipal government and schools might have. —1— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT • Reviewing subscriber complaints concerning Comcast's performance as received by the Board. • Reviewing Comcast's current Renewal License with the Town, as well as a recent Renewal License granted to Comcast in another Massachusetts town. • Conducting a Community Ascertainment Session at the June 15, 2023, meeting of the CAC (the "Ascertainment Session") at which the public was invited to comment on Comcast's performance. In addition,the public was invited to submit comments regarding Comcast's performance via email to the CAC's email address ( �...�� :.�:.� .�.�:.:�:�a�..n c..�.:..�..�. gca ::.g�v). These comments were reviewed by the CAC during the Ascertainment Session. • Reviewing LexMedia's response to the growing demand for programming, especially Government channel programming, over the course of the current Comcast renewal license. • Receiving presentations at the Ascertainment Session on the impact of the current trend of declining franchise fee revenue received by the Town from the three cable operators on the Town's ability to fully fund Lexington's Public, Education, and Government ("PEG") Access Corporation, LexMedia, and on LexMedia's projected capital needs over the anticipated ten-year period of the Comcast Renewal License. • Reviewing LexMedia's need for, and use of, high-definition ("HD") channels to cablecast the programming of LexMedia's three PEG channels. Key results of these activities are documented below. The portion of the minutes of the CAC meeting pertaining to the Ascertainment Session are provided as Exhibit A of this report. ASCERTAINMENT FINDINGS 1. Municipal and Schools needs In a communication to the CAC, the Town Manager noted that the operator of the Pine Meadows Golf Course, a town-owned public facility, is currently paying for cable television service at commercial rates. The CAC will continue to work with the Town Manager and Superintendent of Schools to ensure the list of public facilities currently receiving, and entitled to receive, cable television services is up to date. Also, the CAC noted that high-definition television is commonplace today, and that services provided to municipal facilities and schools should, generally, be upgraded to HD. —2— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT 2. Subscriber complaints Cable subscribers in Lexington who have issues regarding their service that they are unable to resolve by working directly with the operator may lodge formal complaints with the Select Board (as the cable television license Issuing Authority). On behalf of the Board,the CAC works with the subscriber and the cable operator to resolve such complaints. Lexington's cable television market is a mature one. In recent years,the CAC has had to investigate relatively few subscriber complaints. This is despite the fact that the Town has three cable television operators (of which Comcast is the operator of longest standing) and has, in the past, had a "take rate" of cable television services (i.e., the percentage of households subscribing to cable) significantly higher than industry norms. Often, complaints are about rates and programming, aspects of cable service that Lexington does not regulate. The CAC is pleased with Comcast's performance in that we receive so few formal complaints, and that Comcast has worked to resolve them, generally to the subscriber's satisfaction. 3. Public comment received in person and via email Five residents submitted comments via email. These are included, in full, as Exhibit B of this report. Of the five commenters, one included negative comments about cable television "costs for end users'; a topic not germane to the license renewal. Another indicated they would soon be removing TV from their service package—a decision in line with the overall industry"cord-cutting" trend.A final commenter was positive regarding Comcast's service overall, but related specific issues they were having with Comcast's response to a DVR issue. From these comments, the CAC concludes that Lexington residents are, on the whole, satisfied with Comcast's performance as a cable television operator. However, as with any operator, there are individual subscriber issues to be addressed and resolved. The CAC also notes general subscriber concerns regarding the cost of cable television services and increasing subscriber desire to "cut the cord" in favor of other means of receiving programming. Key excerpts of the comments received are as follows: • "I am writing in support of Comcast's license renewal. Comcast is the only cable tv provider to offer The Weather Channel, which is indispensable to me during hurricane season in Florida. My entire family lives in Florida and when they are hit by hurricanes and lose power, I am their eye on the storm.Verizon's AccuWeather is a subpar replacement. "Additionally, I have had far superior customer service with internet and tv from Comcast than I ever received from Verizon. I hope you will vote to renew the Comcast license." —3— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT • "Comcast has been our cable provider"forever". Quality and customer service are excellent. Wouldn't consider switching. Please renew their contract." • "We are Comcast users (tv, wifi, and phone) and my feedback regarding license renewal is: "A) Comcast has improved its service such that there are fewer times when the cable is out "B) when there is an issue with connectivity,they are quite responsive and provide a fix in a much more timely manner "C) they are insanely expensive and we are constantly torn on whether we should "cut the cord" or not." • "Comcast is my internet provider. I am just about to return all my television equipment and remove TV from my service package. Internet is all I care about. My children do not watch broadcast TV, only streaming services, and it's time for me to make the same move. Good luck collecting other people's thoughts, but cable TV has as much relevance to my life as AM radio." • "We have had Comcast for our television cable for more than three years.When we moved to Lexington, we were unable to obtain RCN, our previous provider, in the section of Lexington where we live, so we had to switch to Comcast despite its bad reputation. For over three years,we were surprisingly satisfied with Comcast. Minor problems were easily remedied. A few weeks ago, however,that changed dramatically. We could not access recorded programs. Multiple phone calls failed to correct the problem despite hours, literally, on the phone with Comcast.Three technicians were sent out.The first said we needed a new box, gave us one and promptly left.The problem persisted.The second technician no showed for our scheduled appointment. Nor did anyone call to let us know that he was not coming. We called Comcast and scheduled yet another appointment.This technician was rude and refused to discuss the problem with us. He left.The third technician appeared to have diagnosed the problem, but said he could not fix it. He put in yet another work order with no promise about when it will be fixed. So after weeks of aggravation, hours wasted talking to incompetent service agents on the phone, and hours spent waiting at home for repair technicians,we are ready to terminate with Comcast. We understand there are ways to stream without having a cable hook up. Much cheaper and more reliable." 4. LexMedia needs and franchise fee revenue trends The Town of Lexington has been very supportive of LexMedia, the Town's PEG Access Corporation. This is reflected in the funding the Town has provided in its contracts with LexMedia, and in the hours of programming LexMedia has produced. Government channel programming—primarily broadcast of public meetings—has shown particularly significant growth since the inception of the current Comcast renewal license in 2014. —4— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT • LexMedia's funding (not including capital expenses) has grown from $385K in FY2015 to $532K in FY2023. • Over the nine calendar years 2014 through 2022, LexMedia produced 7897 hours of programming on its Public, Education, and Government channels. Of these nearly 8000 hours, fully 55% have been Government channel programming. Government programming peaked during the pandemic, with 526 hours produced in 2020 and 527 hours in 2021. This peak was matched by 525 hours of government programming produced in 2018. All of these represent substantial growth in government channel programming, responding to demand by the Town, from 340 hours in 2015 and 446 hours in 2014, at the beginning of the current Comcast renewal license. At the Ascertainment Session,the CAC received a presentation on Lexington's declining revenue from cable television operator franchise fees and the impact of that decline on the Town's ability to fully fund LexMedia. The slides for this presentation are provided as Exhibit C of this report. The key take-away from this presentation pertaining to renewal of Comcast's cable television license is that maintaining franchise fees at the maximum allowable rate of 5%, across all three of Lexington's cable operators is critical to the Town's continued ability to support LexMedia as a vibrant resource for the Town. By way of background, from the inception of PEG access in Lexington through FY2023, revenue from franchise fees—so-called "PEG revenue"—has been the sole funding source for LexMedia. Due to the presence of three cable operators in Lexington, high cable services take rates, and a tendency for Lexington subscribers to purchase higher-end cable service plans, PEG revenues exceeded LexMedia's annual budget until FY2019, leading to an increasing balance in the Town's PEG account. This was true even after "cord-cutting" began to take hold, as increases in the cable operators' average revenue per user compensated for decreases in the number of subscribers. Since FY2020, however, subscriber cord-cutting has accelerated across all three cable operators, and current-year PEG revenue alone has been insufficient to fully fund LexMedia. To enable LexMedia to continue to provide its current level of services, the Town is now dipping into the PEG account surplus at an increasing rate,year-over-year. Recognizing the ongoing decline in PEG revenue and the Town's strong desire to continue to fully fund LexMedia, in early 2023 the CAC recommended to the Select Board that the Town begin supplementing PEG funding for LexMedia through appropriation of Town funds. The Select Board is on record as supporting full level-services funding of LexMedia. To fully fund LexMedia, the appropriation of Town funds was approved by Town Meeting in 2023 as an element of the FY2024 budget. —5— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT Looking ahead,the CAC foresees: • Continued subscriber cord-cutting across all three cable operators resulting in steady, if not accelerating, decreases in the number of cable television subscribers and associated PEG revenue. • Eventual depletion of the PEG account balance. • Ongoing need for year-over-year increases in Town appropriations for LexMedia as the PEG account balance is drawn down and depleted. This situation will further accelerate should the introduction of new technology, such as 5G fixed wireless, cause one or more cable operators to transition to delivery of programming via means that do not require a cable television license from the Town. In the face of these trends, it is the view of the CAC that to maintain PEG revenue funding for LexMedia at the highest possible level and minimize future Town appropriations, it is vital that all cable television licenses in Lexington—and specifically,the 2024 Comcast renewal license—incorporate the full 5% franchise fee requirement currently allowed by law and regulation. S. LexMedia capital needs Finally, at the Ascertainment Session,the CAC received a presentation regarding the anticipated capital needs of LexMedia over the anticipated ten-year period of the Comcast renewal license. The slides from this presentation are included in Exhibit C of this report. The key take-away from this presentation is that all cable television renewal licenses in Lexington, including the 2024 Comcast renewal license, should include a requirement for a PEG capital grant to help support LexMedia's future capital needs. At the request of the CAC, LexMedia prepared a prospective ten-year capital plan. Unlike operating expenses, capital expenses tend to be "lumpy" by nature,varying significantly from year to year based on LexMedia's equipment and capability upgrade plans. These capital needs are broken down into the categories of Field Equipment, Studio Computers and Cameras, Server Room Equipment, and Program Origination Equipment. The total capital requirement averages approximately$74,000 per year from FY2025-FY2034. (This figure does not include expenditures for leasehold improvements at LexMedia's studios, such as near-term requirement to replace an aging HVAC system,which are more appropriately funded by the Town). To date, LexMedia's capital needs have been met from the same PEG revenue account sources as its operational expense. In addition to the franchise fees discussed above,these PEG revenues have included a "in lieu of I-Net" fixed annual fee paid by Comcast and Verizon, in recognition of the fact that RCN is the only provider of the Town's fiber optic Institutional Network (the "I-Net"), incurring costs not borne by Comcast or Verizon. -6- TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT Recent Federal Communications Commission (FCC) actions have made clear that such fees constitute "in-kind contributions" that count towards the 5% franchise fee limit, meaning that an "in lieu of I-Net" fee would no longer be additive to the franchise fees received by the Town. However,the same FCC actions also clarify that grants for PEG capital expenses included in cable television licenses do not count against the 5% franchise fee cap. Therefore, it is the view of the CAC that cable television renewal licenses in Lexington should include a provision requiring a PEG capital grant, so that each operator can assume its share of funding LexMedia's capital needs. Indeed,the recent Verizon FiOS renewal license includes such a provision. 6. High-definition PEG channels As was noted above in the discussion of cable service needs in municipal and school facilities, HD television is commonplace today. In fact, it is increasingly demanded by subscribers as the default level of service. It has long been an expectation of the CAC that Lexington's Public, Education, and Government Access programming be provided to subscribers in HD, as well as standard definition (SD), form. Indeed, LexMedia is 100% equipped for HD in both its studio and remote origination equipment, and its "on-demand" programs are streamed in HD. RCN has provided full HD service for all three of LexMedia's PEG channels for a number of years, after pioneering a single HD PEG channel in Lexington in 2013. The Town's request to Verizon for its recent renewal was similarly for three HD channels, although Verizon agreed to provide only one. The CAC anticipates this will come up for negotiation once again at Verizon's next renewal. It is the view of the CAC that, given the ubiquity of HD TV today, all cable television renewal licenses in Lexington should provide "full HD"—high-definition channels for all three of LexMedia's Public, Education, and Government program streams, and that this should be a requirement in the Comcast renewal license. CONCLUSION The Communications Advisory Committee of the Town of Lexington conducted a Community Ascertainment process as the first phase of the Comcast 2024 license renewal. This process included outreach to municipal and school officials, the solicitation of public comment, and a review of formal subscriber complaints, culminating in a public Ascertainment Session conducted at the June 15, 2023, meeting of the CAC. The CAC also focused on the performance and needs of the Town's PEG access corporation, LexMedia, reviewing the impact of franchise fee PEG revenue trends on the Town's ability —7— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT to fully fund LexMedia, LexMedia's future capital needs, and the need for high-definition channels for PEG cablecasts. The CAC found that Comcast's performance has generally been excellent, and that Comcast has met the Town's past needs. While not directly pertinent to the license renewal process, the CAC noted that subscribers continue to be concerned about the cost of cable television services and are increasingly considering"cutting the cord." This report has outlined areas in which the CAC feels it is important to maintain specific provisions of the current license, as well as areas in which additional requests should be made as negotiations with Comcast proceed. The CAC looks forward to the conclusion of the ascertainment phase of the Comcast license renewal, and the initiation of the negotiation phase. —8— TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT EXHIBIT A MINUTES OF THE ASCERTAINMENT SESSION COMMUNICATIONS ADVISORY COMMITTEE MEETING OF JUNE 15, 2023 A-1 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT TOWN OF LEXINGTON COMMUNICATIONS ADVISORY COMMITTEE DRAFT MINUTES OF THE MEETING OF JUNE 15, 2023 Parker Room, Town office Building, and by remote participation 1. Call to order and roll call Communications Advisory Committee (CAC) Chair Kenneth Pogran called the meeting to order at 6:33 PM, and called the roll. The meeting was conducted in person and remotely via Zoom. Members Present: Ken Pogran, Chair; Dorinda Goodman, Bob Avallone. Rita Vachani, Nick Lauriat, PK Shiu, Raman Taraz, Steve Kaufman, Smita Desai, Dave Buczkowski and Dave Becker. Members Absent: None Quorum: A quorum of members was present. Others Present: Kerry Morris, Comcast, Shabbir B, Lexington resident, Marsha Johnson, Lexington resident Materials Referenced: (1) Draft Minutes of the meeting of April 20, 2023; (2) Draft Minutes of the meeting of May 18, 2023; (3) Slides for discussion of the Comcast ascertainment. 2. Comcast Cable television license renewal community ascertainment Mr. Buczkowski opened the public ascertainment meeting with a statement explaining that the CAC is conducting the ascertainment meeting as prescribed by Federal and Massachusetts cable regulations as part of the process for negotiating a renewal license with Comcast, a cable television operator in the Town of Lexington.The current Comcast license will expire on August 31, 2024. The meeting notice was published by the Town Clerk postings of June 7th, 2023 and other public calendars and emails. Mr. Buczkowski explained that the purpose of this meeting was to receive comments from the public on (1) the performance of the Comcast as a cable television provider during the current license term, and (2) any future cable television related needs and interests of the Lexington community. Other matters like exact programming, subscription rates or any services other than cable television services Comcast currently provides are outside the scope of the negotiation. Mr. Buczkowski state that the CAC would accept additional written comments until June 29th, 2023. A-2 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT Mr. Buczkowski then introduced Ms. Kerry Morris from Comcast as the primary contact for the contract negotiation and invited Ms. Morris to speak. Ms. Morris introduced herself as a Senior Manager for Government & Regulatory Affairs of Comcast and expressed her willingness to receive any feedback from the community for the negotiation process. Mr. Buczkowski then invited Ms. Rita Vachani to present the current status and future projections of the funding for PEG (Public, Educational and Government) Channels. Ms. Vachani explained the Town of Lexington receives each year franchise fees, as PEG revenue, from the three cable providers to fund LexMedia, our local access corporation, to provide public, educational, and government programming for the community. Due to a steady decline of the number of cable TV subscribers, the gap between PEG revenue each year and LexMedia expense has continued to increase. The projected gaps for FY 2023 is $135K and for FY 2024 is 180K. Currently we have some funding in reserve and by FY29-FY30 the reserve will likely be depleted completely. Mr. Shabbir asked whether there is data on the reasons for the decline in subscriber numbers and commented on the fact that Comcast is still receiving revenue from other services like internet connections when subscribers switch to streaming services. The Chair explained that PEG funding and the cable TV license negotiation only applies to cable TV services from Comcast. Mr. Buczkowski commented to Comcast that he has been receiving robocalls from Comcasts while he is registered on the do-not-call list. Ms. Morris said they have researched the issue and the robocalls are not from the actual Comcast company, but rather are from scammers, and they are simply not respecting the do-not-call list. There are security alerts posted on the Comcast website to help their subscribers. Mr. Buczkowski invited the public to make comments as part of the ascertainment process. There were no additional comments from the meeting participants. The Chair reported that the Lexington school administration has not provided additional comments or needs. The Chair also reported that the Town manager's office has expressed the need to continue cable services at the town's public facilities. The Pine Meadows golf course, which is a public facility, is currently paying for its own cable TV service and should be included in the list of sites receiving free service at the club house. The Town manager also mentioned the Community Center service should be upgraded as well. The Chair summarized five emails received as part of the ascertainment process. Two were positive about Comcast services, and one explicitly supported the renewal of Comcast license. One was supportive of Comcast but expressed an open issue with a DVR problem. One email A-3 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT commented on the increasing cost of the Comcast service and asked the CAC to negotiate better rates with Comcast. The Chair explained that while the comment was noted, the negotiation process does not include service pricing. In the last email, a customer explained that he is cutting the cord and switching to streaming services as a means of receiving all programming. Ms. Morris from Comcast will reach out to the two residents who mentioned the DVR issue and pricing concerns. Mr. Buczkowski then concluded the public ascertainment process. [The meeting continued with agenda items not related to the Comcast license renewal] A-4 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT EXHIBIT B EMAILS RECEIVED FROM LEXINGTON RESIDENTS B-1 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT I:::id 6/9, 5:3 9 P 1\4 Communications Advisory Committee Hello, For a couple of weeks, I have seen the Link to Lexington email mention the Communications Advisory Committee's upcoming review of Comcast. Comcast is my internet provider. I am just about to return all my television equipment and remove TV from my service package. Internet is all I care about. My children do not watch broadcast TV, only streaming services, and it's time for me to make the same move. Good luck collecting other people's thoughts, but cable TV has as much relevance to my life as AM radio. B-2 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT F:id 6/9, 9:4 7 AM Communications Advisory Committee; Select Board We are Comcast users (tv, wifi, and phone) and my feedback regarding license renewal is: A) Comcast has improved its service such that there are fewer times when the cable is out B) when there is an issue with connectivity, they are quite responsive and provide a fix in a much more timely manner C) they are insanely expensive and we are constantly torn on whether we should "cut the cord" or not. Therefore, I recommend seeking a way to reduce costs for end users before granting them a renewal license. Ensure that they are not gauging Lexington customers because we are Lexington. It is good to ensure there is competition with other providers so that the other providers don't see an opportunity to increase their prices. So, in short, I recommend renewing the license but first trying to negotiating better rates for Lexington residents. As the representatives for all the Lexington customers, you have an opportunity and a stronger voice than any one of us would have individually. From online data " Comcast gross profit for the twelve months ending March 31, 2023 was $45.157B, a 3.86% increase year-over-year. Comcast annual gross profit for 2022 was $44.951B, a 6.23% increase from 2021. Comcast annual gross profit for 2021 was $42.316B, a 13.34% increase from 2020." So basically, Comcast is getting rich off Lexington customers and there is an opportunity to negotiate a better deal for all Lexington customers when you are renewing their contract. That said, comcast customers in Lexington want the service to continue and non-comcast customers benefit from having competition for their service. Thank you for considering the input of Lexington residents on whether to renew the contract. B-3 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT r e 6/6, :3 3 P IIV Communications Advisory Committee Dear Communications Advisory Committee, I am Beth Briggs and live at 18 Winthrop Rd. I am writing in support of Comcast's license renewal. Comcast is the only cable tv provider to offer The Weather Channel, which is indispensable to me during hurricane season in Florida. My entire family lives in Florida and when they are hit by hurricanes and lose power, I am their eye on the storm. Verizon's AccuWeather is a subpar replacement. Additionally, I have had far superior customer service with internet and tv from Comcast than I ever received from Verizon. I hope you will vote to renew the Comcast license. Thank you all for volunteering for this committee and for all you do to make our Town better. B-4 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT I:::id 6/2, So C ISM Communications Advisory Committee; Select Board We have had Comcast for our television cable for more than three years. When we moved to Lexington, we were unable to obtain RCN, our previous provider, in the section of Lexington where we live, so we had to switch to Comcast despite its bad reputation. For over three years, we were surprisingly satisfied with Comcast. Minor problems were easily remedied. A few weeks ago, however, that changed dramatically. We could not access recorded programs. Multiple phone calls failed to correct the problem despite hours, literally, on the phone with Comcast. Three technicians were sent out. The first said we needed a new box, gave us one and promptly left. The problem persisted. The second technician no showed for our scheduled appointment. Nor did anyone call to let us know that he was not coming. We called Comcast and scheduled yet another appointment. This technician was rude and refused to discuss the problem with us. He left. The third technician appeared to have diagnosed the problem, but said he could not fix it. He put in yet another work order with no promise about when it will be fixed. So after weeks of aggravation, hours wasted talking to incompetent service agents on the phone, and hours spent waiting at home for repair technicians, we are ready to terminate with Comcast. We understand there are ways to stream without having a cable hook up. Much cheaper and more reliable. B-5 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT F:d 6/2, 3:34 F11\4 Communications Advisory Committee; Select Board Comcast has been our cable provider "forever". Quality and customer service are excellent. Wouldn't consider switching. Please renew their contract. B-6 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT EXHIBIT C PEG FUNDING CURRENT STATUS AND PROJECTIONS C-1 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT Funding for PEG (Public, Educational and Government) Channels: Current Status and Projections June 2023 Background and Current Status • LexMedia has been the PEG Access Corporation for the Town since 2005 • PEG revenue(franchise fees) received each year from the 3 cable providers was higher than total PEG expenses until FY 2019 ■ Surplus contributed to PEG reserve fund: $1.1M balance end FY 2022 • Gap between in-year PEG revenue and expenses has increased each year,with revenue declining average of 4%per year since FY 2019 and expenses going up with inflation • Revenue decline continues in the current year(FY 2023) ■ 4.1%reduction in first 3 quarters(Q1-Q3):from $396K in FY22 to$380K in FY2 • Revenue declined for all providers:Verizon-6%, Comcast-0.1%,Astound -6.7% • Subscriber count declined by 10%(2022 vs 2021):from a total of 7112 in 2021 to 6398 in 2022 • Projected gap between PEG revenue and expenses for PEG programming: FY 2023: $135K, FY 2024: 180K C-2 TOWN OF LEXINGTON COMCAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY ASCERTAINMENT Town Supplemental Funding Starts FY24 to Enable Level Services by LexM ed is TOTAL LEXMEDUA AND RELATED EXPENSES ($'000): FU NDiNG SOURCE IN Current Yr PEG Rev DM PEG Acc:t Reserve Funding Town Supplemental Funding I Assurnptioris for FY2.3 onwards(based 0rI trends since FY19) Sit 4%year over year reduction in revenue I (r I 1dEb $ 0 SA $ 1 p 5%year over year in expenses I ii i Fy 14 Fy 26 Fy 21 Fy 22 Fy 23 FY 24 Fy 25 Fy 26 FY 27 Fy 28 Outlook for FY24 and Beyond • To maintain current level of services by LexMedia,supplemental funding from Town is needed. $100K supplemental funding in budget for FY2024; balance of gap to be covered by PEG fund reserve. ■ The amount of supplemental funding required will increase as revenue declines further • Capital spending by FexMedia was reduced significantly the last 4 years but equipment nearing end of life will need upgrades/replacement • Future capital needs will increase the projected funding gap between PEG revenue and expenses • PEG revenues allowed as part of FCC ruling(via Third Report and Order issued July 2019,on the Cable Television Consumer Protection and Competition Act of 1992) • Franchise fee limited to a maximum of 5%of cable revenue of the cable operator • Current licenses for all 3 cable operators include this 5%fee ■ Capital costs(non construction related capital) including vans,studio equipment, cameras,or other equipment related to PEG programming • Will ask for capital funding, in addition to franchise fees,as licenses are renewed C-3 TOWN OFLEX|NGTON C0K8CAST CABLE TELEVISION LICENSE RENEWAL COMMUNICATIONS ADVISORY COMMITTEE COMMUNITY AsCERTA|NMENT ����� �~ Projected �~ ~� K ��Requirements ���o~n����� �~�����n ox������������s Projected Capital Requirements ($`DUO) p/ue pvzo r,u, pvoa pvzu pr3n pvu r,3e pvoo pvn4 Field Equipment m m m w m 4 m 3 w 1 m 21 m 1 m z m 1 m o Studio Computers aCameras m m 24 m uo o $ 4 o m m oo m m eu Server Room m cu m 10 m m o m u m m 12 m 100 m xu m 13 p,vo.Origination Eqpt m on m m ro m w ou m m m oo m m Tote $ u* $ ro $ uy $ 11 $ so $ 21 $ 13 $ 221 $ 31 $ uy ^ Um|ikeopomdngexpemsesmpita|oxponsesvvi|| be^|umpy^amdvarysiQnificandyyoaroveryear based om equipment and capability upgrades ^ Average per year capital requirement(FY25-FY34): $74K ^ Expense projections on slide 3 assume about$30Kmf capital per year ~ Expect significant shortfall in capital funding based on projected needs above ^ Capital funding from cable operators,im addition tn franchise fees, will help close some of the gap.This funding will be requested as part nflicense renewal terms Drawing Down the PEG Revenue Reserve Balance ° PEG Revenue Reserve will likely be depleted in FY28-FY30 ^ Assumes Town Supplemental Funding starting inFYZ4 and increasing in subsequent years ^ Assumes 4Y6 year over year decline in revenue ' Technology and market changes may accelerate decline further ° Assumes$30K-$40Kin annual capital funding for LexK4edia which does not meet projected capital requirements ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Critical that 5%franchise fees plus funding for capital costs be included,as licenses are renewed with cable operators. C-4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion on Officially Naming a Portion of Old Spring Street PRESENTER: ITEM NUMBER: Ross Morrow, Assistant Town Engineer I.5 SUMMARY: Category: Informing A resident of Old Spring street reached out to engineering regarding town formally changing his street address to Old Spring street. Old Spring Street is located off of Spring Street and is physically a separate street. The current town's database listing has all properties addressed as Spring Street and not Old Spring Street. Due to this, they are having difficulties for people to find their homes for visits and deliveries as well as potential confusion for emergency responders when locating the exact property/location. Engineering department coordinated with Police& Fire and both departments are in agreement to change to avoid confusion with Spring Street. A couple residents informed engineering that a majority of the abutters on Old Spring Street have already expressed their consent to the proposed address change. However, two residents prefer to maintain their current addresses as is. They would like to know if town can do anything to resolve this situation. Please note that there is no official record of Old Spring Street being named as such, aside from the hand- printed note on the State Highway layout. However, the street sign is posted on Old Spring Street itself identifies it as such. 149 Spring Street, 151 Spring Street, 154 Spring Street, 155 Spring Street, 157 Spring Street are in agreement while 152 Spring Street and 153 Spring Street are not. SUGGESTED MOTION: No action required at this time. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 7:20pm ATTACHMENTS: Description Type Oki Sp6ng Stria apt Arca7 Map Gweln'CVlla:mo Town of Lexington, MA August 15, 2023 Old Spring Street Location AP 9 r1 i, I ph � I,�WVY'iilltt ryH91 ply ii � hbR n dN1.N � bFN`1V f"orre rt Pobh PNbF F by a' NgybFN C ''FF AYp , 1 4�dFNka � C 4 i x�a ai b " / by p+ HA✓ 1 a rv" �'_�ryntlI1IV1ryy�,,N1 j AF C9 �M ����p vnFN A�pNU�r'" 1E A4 "�IItl�W ^�Y �gQp N.�,�NC� bre/bC�CbNCtlAp SEI-qA 11410�N \ Rb 1b 4.11,1111 LO p Mu�u�I�1\rymplY� � R4Mp.p ' YT 1ik WII�1,111� q= F Ma�N AVCTb h pSO2C4 �bGQ�,¢Ncpaq aWe Npk� iN➢ITl➢ll1Ym F �i� "N �„ 4 CbryC t E 1`4, 141.. tixs nu I....OI�I�O rr ;,f apP,GUNGOao A4E Tq qYZ F6 1.1WA ' e elr � uE3 / i It 9[1 r 1195G 11 138 ryII „7s i" f A 12_3 i -f zr to m s n �A' a 'm iy / w 12a w r' w " 1"=362.5326302542721 ft Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town of Lexington,MA makes no claims and no warranties, expressed or implied,concerning the validity or accuracy of the GIS data presented on this map. Geometry updated on a daily basis Data updated on a daily basis AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Transportation Safety Group (TSG) Request PRESENTER: ITEM NUMBER: Ross Morrow, Assistant Town Engineer I.6 SUMMARY: Category:Decision-Making Kendall Road residents between Waltham and Marrett have long been concerned of the volume of traffic on their residential road and want to discourage cut through traffic. During the morning commuting hours vehicles use Kendall to avoid the light at the Marrett/Waltham intersection which is the same time as students are walking to school. During these hours the Marrett/Kendall intersection is busy with conflicting vehicular movements: vehicles turning onto Kendall from Marrett and vehicles crossing Marrett from the other side of Kendall. There have been several crashes at this location. In 2017 Kendall Road residents requested that restrictions be installed. After study of the crashes, where over one third happen during the morning commute hours, TSG decided a restriction was appropriate. Because Marrett Road is a state-owned highway, any turn restriction from their roadway must be approved by MassDOT. As part of our application package to the state, the Town engaged an engineering firm to study the impact the turn restriction would have on the Marrett/Waltham signal. The engineering firm recommends minor adjustments to the signal timing. MassDOT will need to approve any adjustments to the signal. TSG met with residents of the neighborhood on August 15, 2023 to confirm they are in support of the restriction. While they do support the turn restriction, some residents requested that school buses be included in the restriction. TSG decided to recommend exempting school buses for two main reasons. The first being that elementary school students would have to walk down to Marrett to get on the bus. The second reason is scheduling. Because of school start times, the school buses are on a very tight schedule and even if the signal timing is adjusted the routing and scheduling will be very difficult. Once implemented, TSG will monitor the results and additional changes could be implemented in the future. In order to implement a full entry prohibition, TSG is requesting to codify turn restrictions from Marrett Road (as approved by MassDOT) and a one-foot one-way restriction to prevent entry from the southern portion of Kendall Road. "Do Not Enter" signs will be posted at the southerly end of Kendall Road at Marrett Road. And "No Turn" signs will be posted on Marrett Road. Vehicles coming from Marrett or the other side of Kendall will be restricted from entering during the morning hours between 7:00 AM and 9:00 AM. Residents are included in the restriction. TSG is recommending to the Select Board that school buses be excluded from the restriction. SUGGESTED MOTION: 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 ADDING to CHAPTER 192-62 CERTAIN TURNS PROHIBITED SCHEDULE 6 PROHIBITED TURNS Location From To Restriction Marrett Road west Marrett Road Kendall Road No left turn bound 7:OOAM— 9:OOAM Monday-Friday School buses exempt Marrett Road east Marrett Road Kendall Road No right turn bound 7:OOA-M— 9:OOAM Monday-Friday School buses exempt BY ADDING to CHAPTER 192-45 ONE-WAY TRAFFIC SCHEDULE 5 ONE-WAY TRAFFIC Location Direction Limits Kendall Road Southerly One foot northerly of Marrett Road between 7:OOAM— 9:OOA Monday-Friday School buses exempt FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 7:35pm ATTACHMENTS: Description Type D Memo Gwel.Memo Jlr sendantion Gwe'rr CVlla'mo �;Qq r �a a uut�rerde; Gwe'rr me'nn« TOWN OF LEXINGTON �� ° ,. TRANSPORTATIONSAFETY GROUP 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Contact: Sheila Page A Lkr 781-698-4560 Assistant Planning Director https://www.lexin tonma.gov/trans ortation-safet - rou � p X�P syace6j0exingtonma.gov Date: August 16, 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 Chapter 192 Traffic Rules and Orders to add Turn Prohibitions from Marrett Road onto Kendall Road Select Board Vote Requested: Vote to amend§192-62 Certain Turns Prohibitions Schedule No. 6 Prohibited Turns by adding the following: Location From To Restriction Marrett Road west Marrett Road Kendall Road No left turn bound 7:OOAM—9:OOAM Monday-Friday School buses exempt Marrett Road east bound Marrett Road Kendall Road No right turn 7:OOAM—9:OOAM Monday-Friday School buses exempt Vote to amend§192-45 One-way Traffic Schedule No. 5 One-way Traffic by adding the following: Location Direction Limits Kendall Road Southerly One foot northerly of Marrett Road between 7:OOAM—9:OOAM Monday-Friday School buses exempt Kendall Road Turn/Entry Restrictions Background Kendall Road residents between Waltham and Marrett have long been concerned of the volume of traffic on their residential road and want to discourage cut through traffic. During the morning commuting hours vehicles use Kendall to avoid the light at the Marrett/Waltham intersection which is the same time as students are walking to school. During these hours the Marrett/Kendall intersection is busy with conflicting vehicular movements: vehicles turning onto Kendall from Marrett and vehicles crossing Marrett from the other side of Kendall. There have been several crashes at this location. In 2017 Kendall Road residents requested that restrictions be installed. After study of the crashes,where over one third happen during the morning commute hours, TSG decided a restriction was appropriate. Because Marrett Road is a state-owned highway, any turn restriction from their roadway must be approved by MassDOT. As part of our application package to the state,the Town engaged an engineering firm to study the impact the turn restriction would have on the Marrett/Waltham signal. The engineering firm recommends minor adjustments to the signal timing. MassDOT will need to approve any adjustments to the signal. TSG met with residents of the neighborhood on August 15,2023 to confirm they are in support of the restriction. While they do support the turn restriction, some residents requested that school buses be included in the restriction. TSG decided to recommend exempting school buses for two main reasons. The first being that elementary school students would have to walk down to Marrett to get on the bus. The second reason is scheduling. Because of school start times,the school buses are on a very tight schedule and even if the signal timing is adjusted the routing and scheduling will be very difficult. Once implemented,TSG will monitor the results and additional changes could be implemented in the future. In order to implement a full entry prohibition, TSG is requesting to codify turn restrictions from Marrett Road(as approved by MassDOT) and a one-foot one-way restriction to prevent entry from the southern portion of Kendall Road. "Do Not Enter" signs will be posted at the southerly end of Kendall Road at Marrett Road. And"No Turn"signs will be posted on Marrett Road. Vehicles coming from Marrett or the other side of Kendall will be restricted from entering during the morning hours between 7:00 AM and 9:00 AM. Residents are included in the restriction. TSG is recommending to the Select Board that school buses be excluded from the restriction. Town residents will be notified through the website, schools, and online notifications. Timeline: Signs and signal timing will be placed before school starts. Striping will likely be next spring. Funding: The signal adjustment and the sign placement/removal will cost up to $11,000. This is within TSG existing budget. 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Please see suggested timeline below: 09/18/23- Select Board will call a Special Town Meeting(STM). Proposed first day of STM is November 7th (holding November 8th and November 9th for additional days). Proposed format is hybrid meeting (Moderator will provide letter to request hybrid meeting). 09/18/2023- Draft warrant will be shared at the Select Board meeting(this will not contain all articles as some Citizen articles may come in as late as 9/28). 09/28/2023 at 12:00pm- Citizen petitions are due to the Select Board's office (along with draft motion as a separate document) 100 certified signatures are required for Special Town Meeting. Petition Forms can be picked up at the Town Clerks Office after the Select Board calls the meeting and signed 10/03/2023 —Warrant sent to Printer petitions returned no later than 12:0012m on Thursday, September 28, 2023 to the Select Board's office. 10/02/2023- Final warrant presented and signed by Select Board this evening. At this time all accepted Citizens petitions will be included in the final warrant. 10/10/2023-All materials to James and Kelly in Town Manager's office (that gives a month until Nov 7th start time). As materials are received and finalized, they are posted on the ATM webpage. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 7:45pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Applications and Approve Select Board Committee Appointments PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair I.8 SUMMARY: Category:Decision-Making Appointments: Semiquincentennial Commission (Lex250) The Select Board is being asked to appoint four Community Member Representatives to the Semiquincentennial Commission(Lex250) each for a term set to expire following the completion of all planned activities in 2026. Per the updated charge, the Community Member Representatives areas of expertise have been expanded to include:transportation; security; fundraising and publicity. The following list of candidates have submitted the necessary paperwork to be considered for an appointment: 1. Thomas Colatosti 2. Paton D. Davidson 3. Melanie Lin 4. Deborah Sabin 5. Serena Ljumani 6. Kathryn Krzyzanowski 7. Cleveland M. Coats, Jr. 8. Bridger McGaw 9. E. Ashley Rooney SUGGESTED MOTION: Move to appoint to the Semiquincentennial Commission(Lex250) as Community Member Representatives each for a term set to expire following the completion of all planned activities in 2026 in accordance with the deliverables established in the committee charge. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 8/21/2023 7:55pm ATTACHMENTS: Description Type Gr mission.flf ex2.0)Chagrgry lkwkupn Manterkii D 2023 (1 eQ-5Q)Appfieafions All("andidate.s Rickupn MavtruLil SEMIQUINCENTENNIAL COMMISSION (Lex250) Members: 15 Members Appointed by: Select Board Length of Term: Following the completion of all planned activities in 2026. Meeting Times: As determined by the Commission. Provide for a minimum of three community meetings (one daytime/one evening/one weekend day) to solicit public comment within the first 18 months of the Commission's formation. Quorum: Quorum shall be a majority of members serving. Description: To evaluate,make recommendations and coordinate the Town-wide activities to be held to commemorate the 250t"Anniversary of the Battle of Lexington(which will take place in April 2025) and other historical events related to the founding of our Country. And to further the coordination of the Town's events with local, state,regional and federal events. Deliverables: As part of its study and investigation, the committee shall develop a comprehensive plan for celebrating and promoting the 250th anniversary of the Battle of Lexington to include: 1. Identify funding needs 2. Identify potential sources of funding including but not limited to: a. Commemorative Memorabilia b. Public /Private Partnerships c. Gifts and Grants (private, State and/or Federal) 3. Identify opportunities for individuals or organizations to participate in celebrations with a commitment to diversity, inclusiveness, and opportunity at all levels and activities 4. Investigate opportunities for a possible permanent memorial 5. Transportation-related issues 6. Marketing and communication 7. Determine what sub-committees or additional staffing requirements (event planning) may be necessary and seek proper approval from the Select Board 8. Updates will be presented to the Select Board at least Quarter Criteria for Membership: Appointments will be made by the Select Board. The Select Board will also designate a Chair. One Member from each of the following Boards or Committees will serve on this committee: • Select Board • Tourism Committee • Town Celebrations Committee Along with representatives from each of the following groups: • Civic/Community Group Representative • 6 Community Members with a background or interest in history, event planning, logistics, transportation, security, fundraising and/or publicity • Local Museum or Historical Organization Representative • Lexington Public School Representative • Local Business Representative • Music &Arts Community Representative • Reenactment Community Representative Staff support as appropriate from the following departments: Department of Public Works, Economic Development Office, Cary Memorial Library,Fire Department, Police Department, Town Manager's Office, Department of Public Facilities Ex Officio/Liaisons (non-voting): • Appropriation Committee • Capital Expenditures Committee Prior to serving as a member of this Committee, appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest Statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on- line training requirement. Ref: Adopted by the Board of Selectmen on January 13, 2020 Amended by Select Board on January 25, 2021 Select Board voted to: increase number of members from 11 to 15; add "Quorum: Quorum shall be a majority of members serving"; update Criteria for Membership to increase the number of Community Members from 2 to 6; update the background options for the Community Members to include: "...transportation, security, fundraising and/or publicity" on July 24, 2023 Lexington MA Boards & Committees Submit Date:Aug 07, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Thomas i Colatosti First Name Middle Initial Last Name Nickname Tom Preferred Title Tom B nail Address Alternate Email Address (Optional) 188 East Emerson Road Home Address Suite or Apt Lexington MA 02420 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) 44 years What Precinct do you live in? W Precinct 5 Home: Mobile: Primary Phone Alternate Phone Thomas J Colatosti Oasis Systems _ _ CEO _ Employer Job Title Work dress 200 Summit Drive Burlington, MA Which Boards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/ter Qualifications 40 years executive business experience including executive with Fortune 20 company and CEO of a privately held $1 billion company with 5,000 employees. Colatosti Bio 2021.docx Upload aResume Why are you interested in serving on a board or commission? My experience in marketing, management and leadership can perhaps contribute an external perspective to the Commission. How didyou hear about the board or commission for which you areapplying? Ms. Suzie Barry invited me to apply. Have you recently attended any meetings of the board or committee for which you are applying? r Yes r= No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) r:' Yes r No c you currently serve on another board or committee? r• Yes r: No If yes, please list date of most recent Conflict of Interest Law Training. N/A Thomas J Colatosti Conflict of Interest Law Training Certificate Thomas J Colatosti THOMAS J. COLATOSTI CHIEF EXECUTIVE OFFICER Mr. Thomas J. Colatosti is President and Chief Executive Officer of Oasis Systems. l Tom is CEO of Oasis Systems, a leading technology services company providing a deep range of capabilities in Cyber Technology,Agile Software Development, Systems Engineering, Enterprise Applications, Information Technology, Specialized Engineering Solutions, Human Factors Engineering and Professional Services for mission critical programs to the Departments of Defense, FAA, NRC and other Federal Agencies. 11 Tom leads a team of outstanding people deployed in 36 states and 10 countries passionately committed to providing quality, expertise, experience, innovation, value and leadership for some of our Nation's most mission-critical national defense and strategic infrastructure programs.As a result of this expertise and dedication Oasis has grown ten-fold during the past six years. Prior to acquiring Oasis Systems in 2011, Tom was Founder and CEO American Security Ventures, a provider of strategic management services and capital resources to emerging and developing companies focused on Physical and Cyber security markets; mobile/wireless information; and Biometric and Identification solutions. ASV completed more than a dozen transactions and raised more than $250,000,000 in debt and equity financing to support, build and grow innovative security companies. Previously, Tom served as CEO of Viisage Technology, Inc., a NASDAQ listed company that provided Face-Recognition and Biometric Technology and highly secure identification documents and systems. He led a five-year turnaround that increased the company's market valuation from $5 million to $300 million. For more than 20 years, Mr., Colatosti held a number of senior finance and executive operating positions at Digital Equipment Corporation (now HP Corporation) including, VP & GM of the company's $2 billion Federal Systems Group, VP of the Northeast Sales and Services Region, VP of Finance and Admin for the $6 billion U.S. Field Operations, Director of US Organization and Workforce Development, Assistant Corporate Controller and VP Finance for Digital Canada. Tom has led and served on a number of corporate boards, including President of Good Harbor Acquisition Corp, CEO and Chairman of Bio-Key International, CEO and Chairman of Commodore Advanced Sciences and Director of Assure Tec Systems, Enginivity, iCache, Saflink, Ipswich, and Optician Corporations. Tom serves or has served on the boards of Syracuse University, National Center for Manufacturing Sciences, Massachusetts High Tech Council, Red Cross of Massachusetts Bay, Elevate New England,Africa Inland Mission, Vision New England and has Chaired the Board of Elders of Grace Chapel and the Board Trustees of Gordon Conwell Theological Seminary. Tom holds Top Secret Government clearances. He earned a Bachelor of Science in Business Administration and MBA from Suffolk University, Boston. Tom served with the U.S.Army in Vietnam and was awarded the Bronze Star while serving with the 1ST Infantry Division Tom is married and has two adult sons, a daughter-in-law and a granddaughter. Lexington MA Boards & Committees Submit Date:Aug 02, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Paton D Davidson First Name Middle Initial Last Name Nickname Lady Liberty Preferred Title Email Address Alternate Email Address (Optional) 33 Polk St Home Address Suite or Apt Charlestown MA 02129 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) What Precinct do you live in? W Not Applicable Home: Primary Phone Alternate Phone Spaulding Hospital HHA Employer Job Title Paton D Davidson Work dress Charlestown Navy Yard Which Boards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications I am interested in the Massachusetts history. Upload a Resume Why are you interested in serving on a board or commission? I am interested in being more involved in Lexington history. How did you hear about the board or commission for which you are applying? Lexington website. Have you recently attended any meetings of the board or committee for which you are applying? r Yes r No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularlymeets) r Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of ost recent Conflict of Interest Law Training® Conflict of Interest Law Training Certificate Paton D Davidson Lexington MA Boards & Committees Submit Date:Jul 29, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Melanie Lin First Name Middle Initial Last Name Nickname Preferred Title Email Address Alternate Email Address (Optional) 120 Kendall Road Home Address Suite or Apt Lexington MA 02421 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) 16 years What Precinct do you live in? �W Precinct 4 Home: Primary Phone Alternate Phone Melanie Lin WuXi_Biologics _ Executive Director Employer Job Title Work Address 120 Kendall Road Which Boards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications I was a member of the 300th Anniversary Celebrations Committee and Town Celebrations Committee from 2013-2015. 1 was the co-chair of the two successful town wide Dance Around the World (2013 and 2015), and each attracted over a thousand residents to participate. I led the first townwide Lunar New Year Celebrations in 2015, organized many LNY celebrations ever since. The recent ones drew tens of thousands of in-person and online audiences. I have been serving as CAAL (Chinese American Association of Lexington) co-president since 2021 and Cary Library Foundation Board since 2019. Upload aResume Why are you interested in serving on a board or commission? This will be a significant historic event for Lexington and I want to contribute to this huge effort led by the town. I have the experience organizing and publicizing big events. I would like to join the Publicity Committee and be a bridge and advocate to promote Lex250 to various communities in and outside Lexington and around the National. How didyou hear about the board or commission for which you are applying? Lex250 meetings, newsletters Have you recently attended any meetings of the board or committee for which you are applying? r Yes r°` No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) r:` Yes r No o you currently serve on another board or committee? r Yes r No Melanie Lin If yes, please list date of most recent Conflict of Interest Lave Training. 2019 Conflict of Interest Law Training Certificate Melanie Lin Lexington MA Boards & Committees Submit Date:Jul 28, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Deborah Sabin First Name Middle Initial Last Name Nickname Deb Preferred Title Ms. Email Address Alternate Email Address (Optional) 18 Outlook Dr Home Address Suite or Apt Lexington MA 02421 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) 23 years What Precinct do you live in? �W Precinct 9 Deborah Sabin Mobile: Primary Phone .._. .._. ..... .._. Alternate Phone .._. ..... ..... .._. Amplify Education _ _ VP ELA Education 6-12 Employer Job Title Work Address I work remotely. Corporate office is in Brooklyn, NY Which Boards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications In my work life, I began as a high school teacher. However, I have spent the past 15 years leading teams to develop both print and digital interactive curriculum for students grade 6-12. 1 hope that the 250 celebration of this town is strongly oriented towards supporting youth to get involved and to get engaged with ongoing discussions about the excitement, importance and complications of our town's history. Deb Sabin Resume 2023.pdf Upload a Resurne Why are you interested in serving on a board or commission? I have been a resident for 23 years. My son participated in the William Diamond Fife and Drum Corps for 4 years when this corps was first founded, and I witnessed firsthand the impact of providing ways for young people to actively engage with our town's history. I would want to work to make sure that the incredibly diverse group of people [young and old] all feel equally engaged as we enter into this important 250 celebration! How did you hear about the board or commission for which you are applying? Website Have you recently attended any meetings of the board or committee for which you are applying? r Yes r. No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) Yes r No Deborah Sabin Do you currently serve on another board or committee? r Yes r No If yea, please list date of most recent Conflict of Interest Law Training. Conflict of Interest Law Training Certificate Deborah Sabin Deborah Sabin 18 Outlook Drive,Lexington,Ma,02421 Phone:- E-Mail: Education Harvard Divinity School 1998 Master T..)egree in the Study ot'World Religions. Cloursework in world refigions,&literature,and literature and ethics. Harvard University 1990 BA Wrftil I.figil Honors in Study ol"Rehgion,and Engfish and An'werlcan I.Jterature. HGSE Certification Prograt.n Work Experience Amplify Education VP ELA Education,Grades ® 2 2021-Present Ifif, Manage content for iin-irnairlket IEII A core cuiriricduirn widh$30 ryflflioin aininkjiall Ibcuculkliings> Ifif, 11 ead dev6opinient pedagogical Vision and instructional appiroadh for inew 6-12 liteiracy content and pirodUCtS. 0 Oversee cuiririckjiluiirn devek.)lpn-neint,worHing with Ipairtineirs and with iinteirir4l tearns,einsuirtrit:Y,ove14l coheirence, exceflence,and kjisabflity Iffil Cdlaboirate with product,desligin, I)sychoirnetirida iris, eingineeHing and tiraiNing tearns to einsuire all pirogirairns reflect stiroing educafloir4l efficacy and usabflity, Chief Academic Officer,ELA 6-8 2018-Present 00 Devdqt)ed Iraedaagogy, iinstructioii4l alK�)proadh and content scqpe&seq.jieince foir AirnlK�flify's 6 8 Ind Edition IEII A, CLArreindy it.ised by-#1.00,000 students inatioinwide. � Directed content develop-rient of pirint aind dli&all CLJrdcduirn,wKich iiscauded tearns oifwiriteirs,edlitoirs,desigineirs, and diglitzfl Ipiroduceirs, 0 Operated within a budget scope(:)f'$l 0 milhon,niet critical deadlines,and ensured the product niet adoption criteria for the 10 fihis states into which nt was subnittted. 01 Dcvch..)p and lead content partnership VVr�th,area experts such as Poeby in America to ensure A students have access to the highest quality matcHals. Curriculum Director,2015®2018 6/1 Dewflqped care UflridWluirls Liiii induiding text s6ection,StUdent activifles and SLJll)ll)OlrtS, integrated reading and wirifing, forirnadve and SLArYlIrnaflve assessirnents,strong standard A ginirneint, and eirnbedded teacheir gnu idsnide. Units friduded wod<s by ShAeslpeaire, Edgair Men 1Poe, Mary Sh6ly, L(Yriraiine l tainsbeiriry. Cdlaboirated close�y with 1:)iro-esskmal dev6qpirneint tearns to desiigin and develolp tii and frisr)1eirnentadoin scflutioins and distirict pairtineirsKips that suppoirt both customer and business frispact goals. Writer's Express Director of Training, 2010®2013,2003®2006 Ow, !..)evdolped and iirnfaleiriieinted a sequence of woidcshqps,girades 3- 11.0 to support effective wirifing instrucdoin, 00 (.1badhed teadheirs to Ipirduwsli e effective written feedback,bi.fikl student engagement,ty.-a(..,.k skills progress. Teaching Experience Lexington High School, Lexington Ma.2009-2010,2001-2003 Iffil RILAght American Literature, Contemporary I iterature and Me Art of the Film. O/P I.Dev6olped unit airOUnd inainradve 666ic e, Loine and peirs1pectrve, indk16ing a seirlies of s[mirt, focused wirifling exeirdses. 0 Instructional Lexts iindkjded Gropes of Wrath, Great(3atsby, Walden,Journals,of Lewis& (Iork, Coleglo los Nogales, Bogotg,Colombia 2007-2008 00 laught fflirn,world religions and IlIeiratuire couiirses iin as bflfinguall Ngh scho&,wlI[i .1.00% IESII students. 0 (.1'reated inew COUirses Books&Film and World Religions, Of, Instructional rexts 4iduded Tsotsi, Bhogavad Gitcy, Brokeback Mountain, lfuc*leberry Finn,Autobiography of Malcolm X. Milton Academy 1994-1996 "laught 9"girade&pository Writing to prepare students for idgoirous deirriands of upper Ileve� EingHsh r.Aasses. Cooir6nated coirnirnuinrty service Ilalrograaln. Served as Boys' doirimitoiry staff and ad1111soir. Additional Teaching: Incoln-Sudbury High School,AIBCID Akemadve High School,Aduk IESI Skills Of, Classroom technology integration,world literature(ancient and modern),professional writing. Off, Massachusetts Teaching License, English (9-12), MEPID 52171458 Lexington MA Boards & Committees Submit Date:Jul 26, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Serena Ljumani First Name Middle Initial Last Name Nickname Preferred Title Email Address Alternate Email Address (Optional) 643 Main St Home Address Suite or Apt Woburn MA 01801 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) What Precinct do you live in? None Selected Home: Primary Phone Alternate Phone Employer. Job Title Serena Ljurnani Work dress 643 Main St Which cards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications Upload aResume Why are you interested in serving on a board or commission? I'm new the area from out of state and want to become involved in the community, make friends, and help create wonderful experiences. How did you hear about the board or commission for which you are applying? I found information and the application on your website. Have you recently attended any meetings of the board or committee for which you are applying? r Yes r No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) r. Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of most recent Conflict of Interest Law Training® Conflict of Interest Law Training Certificate Serena Ljumani Lexington MA Boards & Committees Submit Date:Jul 26, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Kathryn Krzyzanowski First Name Middle Initial Last Name Nickname Preferred Title Email Address Alternate Email Address (Optional) 643 Main St Home Address Suite or Apt Woburn MA 01801 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) What Precinct do you live in? None Selected Home: Primary Phone Alternate Phone Employer. Job Title Kathryn Krzyzanowski Work dress 643 Main St Which cars would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications Upload aResume Why are you interested in serving on a board or commission? I'm new to the area and would like to become more involved in the community and community events. How did you hear about the board or commission for which you are applying? I saw information about the event on your town website. Have you recently attended any meetings of the board or committee for which you are applying? Yes r No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of most recent Conflict of Interest Law Training® Conflict of Interest Law Training Certificate Kathryn Krzyzanowski Lexington MA Boards & Committees Submit Date:Jul 26, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Cleveland M Coats First Name Middle Initial Last Name Nickname Preferred Title Email Address Alternate Email Address (Optional) 8 Graham Rd Home Address Suite or Apt Lexington MA 02420 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) What Precinct do you live in? V Precinct 6 Home: Home: Primary Phone Alternate Phone Employer. Job Title Cleveland M Coats Jr Work dress Which cars would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications Please see resume Cleveland Coats.pdf Upload aResume Why are you interested in serving on a board or commission? I am interested in continuing to serve the Town of Lexington and the Commonweath How did you hear about the board or commission for which you are applying? Select Board Member Suzie Barry Have you recently attended any meetings of the board or committee for which you are applying? Yes r No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularly meets) r. Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of most recent Conflict of Interest Law Training® 01/26/2023 Conflict of Interest document.pdf Conflict of Interest Law Training Certificate Cleveland M Coats Jr 5'Gar,m rhm era°a Mho- ;1,—Tb W,,,'NI 111" V q .lf Ore- r, r Cleveland a f, i Cleveland M.Coats, Jr. Mate Police Tactical Operations Section rm Sergeant, Massachusettss State Police (Retired) K.9 SWAT tearns instructor Command Post Management- m st n Cleveland land is an experienced supervisoryLamer Marathon Enforcement professional l with 3 years f service Special Response Tearns - Logan who brings extensive expertise having partnered rrmmt International Airport, Post Sept 11, 2001 with, varjousfederal agencies min clm~m Ing, 'The Federal 'attain ks. Bureau of Investigation, United States Secret Service, and the Department of Homeland Security,, Cleveland is an FBI Nationaiil Academy Cleveland has supervised and coordinated technical Certified ed Instructor and Subject Matter Expert and investigative functions, He is a seasoned training In: facilitator, firearms range safety officer and a guest Executive protection,tion, Counter Terrorism, Threat lecturer ai,t his alma rmmrmt r Northeastern rn University. Risk Assessment, Tactical S ,°"ITeams Operations, Critical Infrastructure Protection, Cleveland was a supervisor rvisor n a number of speclaityPhysical, SeWrity Crisis Management state police units including: Procedures, Corporate Security, Vulnerability Management,Active Shooter,Aviation Security, FBI Joint Terrorism Task Force Explosives Detection. • Counter Terrorism Investigations • Behavioral observations and suspicious activity Cleveland has certifications from: m: r nition - Boston I Iara�thm rm - July th FBI National Acaderny, US Secret Service, US Esplanade Pops Celebrations Military Special Finns, US Department of Homeland ela Security, Federal Emergency Governor's Protection Detail Management Agency, The American Becht of • Protection of the Governor, State & Federal t lgnit mrl 's Industrial Secority and the Massachusetts husetts State, • Presidential visits and motorcades olice. • Advanced threat and risk assessments CLEVELAND M COATS JR Lexington, MA. 02420 Cell: SUMMARY: Experienced Law Enforcement professional with 37 years of service. Extensive knowledge of interviewing techniques, public speaking skills, and training facilitator. Excellent communication skills, leadership skills, and community involvement. Ability to perform well under pressure while handling stressful situations. EDUCATION: NORTHEASTERN UNIVERSITY, Boston, MA. 1983 Bachelor of Science in Criminal Justice ACCOMPLISHMENTS: Northeastern University Alumni Association Mentoring Programs— Guest Lecturer for Criminal Justice course (200 Student) Town of Lexington Educational Foundation, Board of Directors- Successfully gained $1 OK in funding for new computers, technology programs, and continuing education for teachers Selection board for Interviewing — Chief of Police, Captain, and Lieutenant for Town of Lexington PROFESSIONAL EXPERIENCE: Massachusetts State Police 651h Training Troop appointed 1983 Promoted to Sergeant July 23, 1995 Troop A Headquarters Patrol Supervisor September 2014 to present • Management of critical incidents, personnel inspections, and supervision of field personnel. Division of Investigative Service 2013-2014 • Bridges Committee: Representing the State Police to the Minority and Muslin Community regarding law enforcement and criminal justice concerns and issues. • Criminal Information Section- Fusion Center • FBI Joint Task Terrorism Task Force, counter terrorism investigations Cleveland M Coats JR Page 2 Executive Protection Unit, 2006 - 2013 • Protection of Governor, LT Governor and their spouses and immediate family. Tactical Operations, K-9 Unit 1987 to 2006 • Master K-9 Trainer of SWAT Teams, Narcotic, Cadaver, patrol search and rescue. • Conducted public relations demonstrations-Guest Presenter Lexington Rotary Club • Selection of K-9 teams for State Police, Local, and County Departments. • Examiner& Certifier of K-9 teams • Instructor &Administrator of State Police Canine Supplemental Training Program • Director of Training State Police K-9 Unit Incident Management Assistance Team • Search Management/ Command Post Unified Command • Molly Bish search, Boston Marathon, and Fourth of July Pops Instructor Cadre Special Response SWAT Team School- Massachusetts Military Academy State Police Drill & Ceremonial Team State Police Leominster/Concord Barracks 1983-1987 Lexington Police Department, Police Officer 1980-1983 Westford Police Department, Provisional Police Officer 1977-1980 CO-OP EXPERIENCE: United States Customs Service, Customs Inspector Trainee 1977-1982 TRAINING: Department of Homeland Security, IED Awareness Bomb Threat Management- 2014 Department of Homeland Security, Enhanced Threat and Risk Assessment- 2013 R.L Oatman Associates, Inc. Executive Protection School -2008. Law Enforcement Academy Instructor Development Certification Course- Federal Bureau of Investigation Training School, Academy Faculty-1994 Special Response SWAT team School, Massachusetts Military Academy-1993 i r ' a 1,5 uj AR 4"J E v r= .. v z rill , w4 w r� 2111, r rjii' r, rrr r rrrrrrr rrrrrrr�rr! WrWUi;. oor �/ii0/ w Nr %/' Lexington MA Boards & Committees Submit Date:Jul 24, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. Bridger E McGaw First Name Middle Initial Last Name Nickname Bridger Preferred Title Mr. B nail Address Alternate Email Address (Optional) 89 Meriarn St Horne Address Suite or Apt Lexington MA 02420 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) 10 What Precinct do you live in? W Precinct 6 Mobile: Primary Phone Alternate Phone Bridger E McGaw Executive Director, Global athenahealth, Inc. _ _ Security &Services _ Employer Job Tide Work dress 80 Guest Street, Boston MA Which Boards would you like to apply for? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications This committee has a unique mission and role and one that is close to my heart and family history-while also having requested someone with a unique understanding of large event transportation and security challenges. First, while I have been honored to serve in Town Meeting and on the Economic Development Advisory Committee - I have a number of unique skills that would assist the 250th Committee. Second, prior to moving to Lexington I spent over 15 years doing large event planning and execution for the President and Vice President of the United States along with 4 Presidential Campaigns and 3 National Political Conventions. All of these involve integration of security, transportation and public/media experience. Third, as a former public servant in used to working with Federal, State and local government agencies and leaders in planning successful high profile events that include major VIP involvement. Finally, for the last 9 years I have managed a last mile shuttle bus system in the Watertown/Boston area on behalf of athenahealth while serving as President of the Watertown Transportation Management Association. Bridger McGaw 2023 Resume Lex250.pdf Upload aResume Why are you interested in serving on a board or commission? I know how important this event is to this community and want to lend my unique experience as an events planner, logistician, and advance man to assist the team in preparing this amazing moment in our town's history. Additionally, as a descendant of the Merriam Family of the "Merriam Corner"farm, my ancestors played a role on this auspicious day and it would be a pleasure to volunteer my time and expertise. How did you hear about the board or commission for which you are applying? I was contacted by members of the committee requesting that I apply. I am happy to lean in especially after my Ad Hoc assignment ends this fall. Have you recently attended any meetings of the board or committee for which you are applying? Yes r:° No Bridger E McGaw Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularlymeets) r Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of most recent Conflict of Interest Law Training. 02/16/2023 certificate of completion MCGAW2 1 .pdf Conflict of Interest Law Training Certificate Bridger E McGaw BRIDGER E. McGAW 89 Meriam Street;Lexington,MA 02420 1 - Senior security and public policy leader with innate ability to dive into complicated, decentralized,and messy organizational structures,processes,and projects to quickly grasp"the big picture," delivering increases in team impact, organizational engagement,transparency and customer service.Broad expertise in public and private sector inspiring diverse teams and in gaining consensus with internal and external constituents with varying agendas.Known for sense of humor and for diffusing tension when dealing with difficult situations. Unwaveringly loyal,calm in crisis,passionate change agent,with the highest levels of integrity in pursuit of providing organizational value. AREAS OF EXPERTISE • Health Care IT • Cyber Security&Resilience • Health Preparedness (COVID-19;H1N1) • Policy Development • Stakeholder Engagement&Outreach • Public-Private Partnership Building • Crisis&Risk Management • Critical Infrastructure and Homeland • Strategic Communications • Emergency Management Security Policy and Operations . Intergovernmental Affairs EXECUTIVE PROFILE • Experienced Incident Leader:A flexible,adaptable,and innovative crisis manager who adapted Incident Command System for all-hazards response at athenahealth including physical,cyber,and platform/product incident response. Created common taxonomy,integrated training and exercise program to ensure leadership preparedness for crises. Leading Company's Data Incident,Pandemic,and Physical Security incident management functions. • Cross-Functional Intergovernmental Response Manager:While at DHS,led cross-functional collaborative teams using Unified Command processes, engaging Federal,State,local,Tribal and Territorial government and private sector capabilities to support"Whole of Community" response including H1N1 pandemic,Haiti Earthquake,BP Oil Spill Superstorm Sandy,hurricanes,wildfires,cyber and terrorist incidents. Expert knowledge of the NIPP(PPD-21). • Innovative Partner:Leverages strategic planning and intergovernmental experience to connect public and private health care,emergency management,and cyber security interests to build in critical features and functions that support improved customer health care delivery and resilience of athenahealth's platform and services. • Trusted C-Suite Advisor:Over 20+years advising Public and Private Sector Executives in security and policy work. PROFESSIONAL EXPERIENCE ATHENAHEALTH,Watertown, MA 2013-current Executive Director, Global Security&Services. athenahealth is a$213 revenue digital cloud-based healthcare IT company providing electronic medical records,telehealth services,revenue cycle collections,and patient communications services. Employees: 6,400+ 1 Direct Reports: 8 1 Health Providers: 170,000+1 Physical Locations: 10 1 Budget: $7 million - Crisis Management&Business Continuity o Leading COVID-19 pandemic response and continuity coordination ensuring continued delivery of services,employee safety,and collaboration with government partners including CDC,DHHS,and DHS. o Serve as the Crisis Leader responsible for managing crises impacting company operations in the US and India including briefing and training CEO and executive team for physical and cyber crisis response. o Lead corporate security program including creating athena's first Global Security Operations Center integrating systems to enhance cyber and physical security information sharing and incident management. o Lead Business Continuity planning,training,exercise process aligning cyber security response. o Designed Economic Development strategy to bring$25M in state infrastructure funding to Watertown. - Cyber Security&Risk Management o Developed company's data incident response plan in case of cyber attacks o Monitor trends in risk environment and threat intel from Federal,State,and local agency partnerships as well as cyber threat intel sharing groups including US-CERT,H-ISAC,FBI,and fusion centers o Created the"athenaResilience" program enhancing employee security awareness in physical and cyber security including video,graphics,executive messaging,writing intelligence reports on threats to company - Policy&Governance o Lead planning for the"future of work" in creating and managing a hybrid company operating environment. o Served as Co-President of athenahealth Diversity Council (founding member)leading efforts to improve hiring diversity.Grew employee membership by 500% over 3 years and secured company leadership buy-in o Established and supervise plans&procedures to meet HIPAA/ HITRUST/ NIST Cyber Security Framework o Author monthly business reports to the CEO,CFO,Audit Committee,and Board of Directors o Managed over$150M capital investments in our Headquarters campus and offices Chief of Staff to Chief Marketing Officer&President of Epocrates (2013 -2014) Manage all strategic and financial operations for athena's 30OFTE Sales/Marketing Team.Handpicked by CMO to lead sales team that exceeded our$2.3M new bookings quota managing a staff of 6 in two U.S.locations. U.S. DEPARTMENT OF HOMELAND SECURITY, Washington, DC 2009-2013 Appointed by President Barack H. Obama Special Advisor for Cyber Security and Infrastructure Resilience to the Undersecretary (2011-2013) - Advised the Under Secretary on cyber security risk management initiatives. Led organizational redesign of$20M outreach unit resulting in improved service delivery.Drafted numerous policies,including Executive Orders - As an expert in managing and evaluating outreach programs,developed a proposal for enhancing the Department of Defense's approach to public-private engagement resulting in formal recommendations from the Secretary of Defense's Defense Business Board to the Department,Joint Staff and Combatant Commands. - Liaison to other Federal agencies on physical and cyber security protection and resilience policy development and private sector outreach management,including over 17 intra-and interagency task forces,working groups,National Security Council committees and Federal Advisory Committees (FACA) on terrorism,all-hazards preparedness, intellectual property protection,critical infrastructure and resilience and other issues. - Led the development of the"OneDHS" strategy for coordinating intra-DHS outreach to higher educational institutions across the nation leading to the creation of the DHS Office of Academic Engagement. - With FEMA's Private Sector Division,supported creation of the National Business Emergency Operations Center to better include the capabilities of the Private Sector in response and recovery operations. Assistant Secretary for the Private Sector(acting);Director, Office of the Private Sector, Office of Policy (2009-2011) - Served as the Deputy to the Assistant Secretary for the Private Sector with the responsibility of advising the Secretary and Deputy Secretary on DHS policies impacting businesses of all sizes,academic institutions,think tanks,and non- governmental organizations. Served as Assistant Secretary(Acting)from February to October 2009. Managed a staff of 15 and budget of over$2M. Crisis Management Liaison to National Operations Center and FEMA ESF-15 for incidents including Haiti Earthquake,BP Oil Spill,hurricanes,and H1N1 pandemic. - As Acting Assistant Secretary,led DHS private sector engagement in response to H1N1 pandemic in partnership with HHS,CDC and other federal agencies developing protocols and promote safe return to operations guidance. - Established relationships and engaged high-ranking officials at Federal,State,and local government levels and private sector,to improve policy development and all-hazards response efforts between the public and private sector such as Target,Wal-Mart,UPS,the U.S. Chamber of Commerce,American Red Cross,and Business Roundtable. - Founded the first"Building Resilience through Public Private Partnership Summit" (now in its 9th year). - Built new partnerships with Fortune 500 companies to advance collaboration on vital national and economic security issues including supply chain resilience,cyber security,human trafficking,and Administration priorities. - Contributed as speaker,panelist,or facilitator for dozens of conferences and intergovernmental training workshops. BOOZ ALLEN HAMILTON, Washington, DC 2004-2009 Associate, Strategic Communications and Homeland Security Consulting Team - Leader in the homeland security market.Served in diverse consulting roles as a Project Manager,Outreach Specialist, Strategic Planner,and Intelligence Analyst.Provided research and recommendations on the development and implementation of new communications plans,emerging programs,and crisis management strategies within Federal, State,and local agencies and to commercial clients. - Served onsite for 2 years supporting the National Cyber Security Division improving cyber threat information sharing with private sector and state and local governments. Developed public outreach for Cyber Security Awareness Month. - For the Transportation Security Administration drafted sector plans under the National Infrastructure Protection Plan - Served as an intelligence analyst with DHS Office of Intelligence&Analysis (I&A) Red Cell writing intelligence products to help prevent future"failures of imagination"for Federal,State,local law enforcement and private sector customers.Developed the national communication strategy enhancing impact of State&local fusion centers intelligence sharing activities. OFFICE OF MAYOR RICHARD M. DALEY, Chicago, IL 2003 Homeland Security Policy Fellow - Served on an internal strategic think tank reporting to the Mayor delivering recommendations on policy challenges confronting the City including economic development,urban planning,public safety,and homeland security. Bridger McGaw 2 OFFICE OF CONGRESSMAN MARTY MEEHAN, Washington, DC 2001-2003 Press Secretary Served as the Congressman's chief spokesperson;wrote talking points,floor statements,and public speeches. Developed communication and public outreach strategies in concert with legislative agenda contributing to the passage of numerous amendments and bills including the Bipartisan Campaign Finance Reform Act of 2003. Facilitated the Congressman's public meetings,press and television interviews to maximize message impact. OFFICE OF THE SECRETARY OF DEFENSE WILLIAM COHEN, Washington, DC 1998-2001 Appointed by President William J. Clinton;Public Affairs Specialist and Defense Fellow - Developed and implemented a comprehensive public affairs strategy for the Secretary and Deputy Secretary of Defense focused on"reconnecting America's citizens with their military." - Travelled extensively domestically and internationally in support of Secretary and Deputy Secretary by planning and executing international and national events for government and military policy makers including during military operations in the Middle East,Kosovo,and South Korea. - Chaired the Department of Defense Millennium Council and Represented the Department on the White House Millennium Council.The Council developed programming to celebrate DoD contributions to U.S. history. THE WHITE HOUSE, OFFICE OF VICE PRESIDENT,Washington, DC 1999-2000 Assistant Press Secretary Created and implemented communications strategies in collaboration with Federal Departments and Agencies. Designed and coordinated all news coverage of the Vice President's national events;conducted background informational briefings;wrote news releases;managed logistical support for 25 geographically-dispersed advance staff;coordinated budgets for the journalists covering the Vice President. EDUCATION AND PROFESSIONAL CREDENTIALS MPP-International Security. KENNEDY SCHOOL OF GOVERNMENT(HARVARD UNIVERSITY) -Cambridge,MA A.B.-Government,cum laude-HARVARD COLLEGE-Cambridge,MA Cert.-Graduate,Federal Executive Institute.Premier Federal training program for Senior Executive Service candidates; Elected by classmates to give graduation keynote.- Charlottesville,VA 2011 Cert.-Graduate,Foreign Service Institute,U.S.State Department.National Security Professional Development Cert.-Graduate,FBI Domestic Security Executive Academy Cert.-Community Preparedness&Disaster Response,School of Public Health,University of North Carolina at Chapel Hill. Cert.-Critical Infrastructure Disaster Management.Texas A&M Engineering.(National Emergency Response&Recover Center. • Held a TS/SCI clearance.TS granted: 5/4/06.SSBI-PR 6/13/11.Agency:DISCO;DHS suitability Highlights of Certifications ✓ Certified Protection Professional(CPP),ASIS(2019) ✓ Certified Information Systems Security Professional (CISSP),ISC2 (2018) ✓ Certified Business Continuity Professional (CBCP),DRI (2016) ✓ President,Watertown Transportation Management Association(2017-2023) ✓ Vice Chair,Economic Development Advisory Committee,Town of Lexington,MA ✓ Member:Infragard&Domestic Security Alliance Council(Federal Bureau of Investigation) ✓ Member:International Association of Emergency Managers,Region 1 ✓ Member:US Department of Health and Human Services Sector Coordinating Council.Working Group on COVID-19 ✓ Member:Health-Information Sharing&Analysis Center;a partnership working to secure the health sector Campaign Work • Policy Advisory Committee Volunteer.Biden for President.2020. (POC:Larry Strickling) • Member,Democratic Town Committee,Lexington,MA • Town Meeting Member and Chair,Town Meeting Member Association Lexington,MA (2016-current). • Liaison to the U.S.Secret Service Multi-Agency Command Center.Presidential Inaugural Committee. (2009&2013) • Policy Committee Volunteer,Homeland Security Policy Working Group. Obama for America. (2008) • Liaison to Denver Emergency Operations Center.Democratic National Convention Committee. (2008) • Homeland Security Policy Advisor.Reported to Rand Beers/Susan Rice.Kerry/Edwards Campaign. (2004) • National Media Coordinator.Gore/Lieberman 2000. (2000) • National Advance Staff.Clinton/Gore 1996. (1996) Public Speaking and Publications available on Request Bridger McGaw 3 Ltj z J Lo 400 ul 0 400 E ui 4 S le 0 CL co LU Lexington MA Boards & Committees Submit Date:Jul 14, 2023 Application Form Profile Attendance to a regularly scheduled meeting of the board or committee of interest is strongly encouraged when considering applying for membership. All committee meetings are open to the public and are posted at least 48 hours in advance of the meeting in our www.lexingtonma.gov/calendar. If you are appointed to the board or committee for which you have applied, information from this application will be used to contact you regarding your appointment from the appointing authority as well as the Town Clerk's Office. Please do not offer information on this application you would prefer we not use. Applications will be kept on file and considered as vacancies occur for up to one year unless otherwise noted. If you have any questions or need more information regarding the completion of the application, please contact either the Select Board Office at 781-698-4580 or the Town Manager's Office at 781- 698-4540. E. Ashley Rooney First Name Middle Initial Last Name Nickname Preferred Title Email Address Alternate Email Address (Optional) 20 Hancock St Home Address Suite or Apt Lexington MA 02420 City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) 50 What Precinct do you live in? W Precinct 6 Home: Mobile: Primary Phone Alternate Phone Employer Job Title E. Ashley Rooney Work Address Which Boards would you like to apply far? Semiquincentennial Commission (LEX250): Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications I have been working on publicity for the 250th commission for some time now. You can see my articles in Lexington Times and blurbs on Facebook. rooney 2 res.doc Upload a Resume Why are you interested in serving on a board or commission? With 50 years'experience in living in Lexington, I know a great deal about this community and its history. At this time in my life, I believe it is important to give back to my community through my skills rather than writing another book.And Lexington certainly has a wonderful history that many can relate to. How did you hear about the board or commission for which you are applying? Mona Roy, Jillian Tung Have you recently attended any meetings of the board or committee for which you are applying? r Yes r No Have you confirmed your availability to attend the board or committee's meetings? (i.e. can attend at the time the committee regularlymeets) r Yes r No o you currently serve on another board or committee? r Yes r No If yes, please list date of most recent Conflict of Interest Law Training. 07/26/2022 Rooney E. Ashley - TCC2 - 2024.pdf Conflict of Interest Law Training Certificate E. Ashley Rooney E. Ashley Rooney 20 Hancock Street Lexington,MA 02420 Employment 1/2000 - Freelance writer/author. I have 70+ coffee table books with Schiffer Publishing, which can be viewed on Amazon. I also write for local papers and town entities such as Lexington Historical Society, Lexington Field & Garden Club, World War I & 11 committees, Council of Arts. 9/1990-9/1999. Youth Coordinator, Town of Winchester. Worked with Winchester youth to design, lead, and maintain Youth Center and peer leadership groups; ran summer CIT program `98 and `99. Also developed the adult and youth volunteer base; designed and coordinated community events; designed and wrote brochures, newsletters, etc.; and developed funding and leadership training programs. The Center grew from approximately 5 youths/day to 200. 10/1986 - 9/1990 Youth Minister, First Congregational Church, Winchester. Developed and lead group programs on teen issues; counseled teens and/or parents; initiated new programs. The senior high group grew from 2 to 55; the junior high group grew from 0 to 70. 1980-1982. Director of Business Management), Resource Consulting Group, Inc. Established business management policies, procedures, and systems; coordinated the administrative activities of the firm's offices; wrote and edited all products, and managed the company on a daily basis. 2/1980-6/1989. Director of Everyone's Youth Group, Lexington, MA. Spearheaded formation of interfaith group of junior high/high school teens. Produced a TV series on youth concerns to augment the parents' understanding. Lectured on adolescent issues for such entities as local PTAs, Lesley and Wheelock Colleges, Episcopal Diocese, LERN, Mystic Valley Health Center. 1975-1980. Marketing Coordinator/Communications Manager, Resource Planning Associates. Responsible for the firm's proposals from inception to award. During my tenure in this position, the company grew from one to four offices. Responsible for 20+ communications department. Trained the consulting staff in marketing and communications personnel in editing. Summers 88 — 97. Assistant Director, Lincoln Damp, Lincoln, MA. Trained the counselors and CITs. Worked with the campers, diagnosing various problems, mediating, and intervening. Education BS, English, Columbia University MA, Adolescent Group Dynamics, Lesley College Pastoral Counseling Course, McLean Hospital Awards & Grants 1998 Winchester Hospital Community Initiatives Program 1998 Bagel Works Grant 1996 Winchester Hospital Community Initiatives Program: workshop for eighth grade 1996 Bagel Works Grant 1995 EnKa to run Winchester Youth Leadership Collaborative Workshop on Conflict Resolution 1995 Winchester Hospital Community Initiatives: Mock Drunk Driving Accident 1995 Winchester Hospital Community Initiatives Program: Dating Violence Simulation 1993 Commonwealth of Massachusetts, 3-year, Youth Tobacco Education Leadership Program 1992 First Congregational Church, 3-year grant to renovate Winchester Youth Center 1991 Runner Up in Group's Magazine National Youth Minister Contest 1990 EnKa, to run ROCK for HOMELESS 1990 Jenks Outreach, to run summer youth group 1989 EnKa, to run ROCK for AIDS-3 1989 Jenks Outreach, to run Dear Ashley Presents: Friday Night at the Movies. 1987 Jenks Outreach, to produce God Won't Mind: The Making of a Rock Benefit 1986 Church Home Society, to produce the How to Deal... TV series. 1984 Polaroid Corporation, to produce the Telling It Like It Is TV series. 1983 Church Home Society, to produce the Telling It Like It Is TV series. Volunteer Activities Member of Town Celebrations Committee, PR, 2019- Member of Lexington Council for Art, PR, 2021- President of Lexington Field & Garden Club 2017-2020 Producer/moderator of Zoom Gardening Series for Cary Memorial Library 4/2020-4/2022 Volunteer at Lahey Hospital and Medical Center 2000-2019 PR Coordinator for Lexington's WWI & WW II committees 2019-2021 Member of the Library Board of Trustees Cochair of 2022 Fairy Homes & Garden Tour Publications The V Word, Main Street News, 2/02 The Rehearsal Dinner , Main Street News, 1/02 Q&A, Spring 2002, Main Street News, 1/02 No Regrets, Q&A, Main Street News, 10/01 Let Them Eat Cake, Main Street News, 10/01 From the Photographer's Viewpoint, Main Street News, 10/01 I Drink to Thee, Main Street News, 10/01 Conquering Pain, Main Street News, 10/01 AARP angels and Wellness, Main Street News, 10/01 TLC for Orientals, Main Street News, 9/01 Fall Bloomers , Main Street News, 9/01 Placing That Pink Flamingo, Main Street News, 9/01 How Green Is Your Grass? Main Street News, 9/01 Transform a Wall into Living Art, Main Street News, 9/01 Read Your Insurance Policy Lately? Main Street News, 9/01 What about Volcanoes? Main Street News, 9/01 A Diary of a Kitchen Renovation, Main Street News, 4/01 What We Didn't Install in Our Kitchen, Main Street News, 4/01 Creating a Shady Retreat, Main Street News, 4/01 Celebrating Yourself, Main Street News, 3/01 The Lunchtime Peel, Main Street News, 3/01 You Say Tomato And I Say, Main Street News, 3/01 There's a Trip for You, Main Street News, 3/01 Here's The Poop, Main Street News, 3/01 Raising Readers, Main Street News, 3/01 Show Me the Money, Main Street News, 12/00 Say Hello to the Pomegranate, Main Street News, 12/00 Gifts for the Green Thumbs, Main Street News, 11/00 Keep Influenza at Bay This Winter, Main Street News, 11/00 Gathering the Volunteer Roses, Main Street News, 6/00 Caring for Antiques, Main Street News, 5100 Bug Busters Unite, Main Street News, 4/00 Ring around the Finger, Main Street News, 2/99 It's Better to Receive than to Return, Main Street News, 2/99 Wedding Q and A, Main Street News, 2/99 For the Love of Chocolate, The Westerly Sun, 2/99 Get Thee to a Pen (or a Computer), The Westerly Sun, 2/99 Keep Influenza at Bay, The Westerly Sun, 1/99 Come All Ye Hounds, Main Street News, 12/99 The Outstretched Hand, Main Street News, 12/99 When the Spirit Moves, Main Street News, 12/99 How to Shop OnLine Successfully, The Westerly Sun, 12/99 Gift Ideas for the Holidays, Main Street News, 12/99 Who Needs a Prenuptial Agreement? Main Street News, 7/99 Once a Two; Now a One, Main Street News, 5/99 How to Grow Your Garden, Mary, Mary, Main Street News, 4/99 Why Compost? Main Street News, 3/99 Doing What Comes Naturally, Main Street News, 3/99 The Three-Day Wedding Weekend. Main Street Wedding, 2/99 10 Tips for Determining a Reasonable Wedding Budget, Main Street Wedding, 1/99 Alaska, Main Street News, 9/98 RA! RA! Egypt, Main Street News, 3/97 Update and reprint of Turning Points for Youth, 1983/84, Forward Movement Publications Turning Points for Youth: "Do You Feel Threatened"? Forward Movement Publications, 4/98 Ten Tips for Surviving Adolescence, Main Street Magazine, 3/93 How to Design Your Youth Program, Youth Ministry Accent, Reprint, 3/92 Teaching Tolerance, Church Educator, 8/91 Youth and Their Values, Church Educator, 7/91 Joseph's Coat of Many Colors, Church Educator, 6/91 Forgive Our Debtors, Church Educator, 5/91 Friday Night Movies at a Church? Church Educator, 3/91 Becoming Stewards of Creation In Caring for God's World, Church Educator, 12/90 Becoming Servants of The Lord, Church Educator, 12/90 Make That Goal, Church Educator, 11/90 Getting to Know You, Getting to Know All about You, Church Educator, 10/90 Who, What, Where, When, and How, Church Educator, 9/90 Let's Be Available to Youth , Share, Sum/Fall 90 How to Design Your Youth Program, Church Educator, 8/90 How to Design The Group, Church Educator, 7/90 It's Graduation Time, Church Educator, 6/90 Increasing Parent Understanding, Church Educator, 5/90 How to Work with Parents, Church Educator, 1/90 What Makes a Youth Group Successful? Jed Share, Summer 89 Parent/Teen Seminars Bridge The Generation Gap, The Episcopalian, March 1989 Rock of Ages, Jed Share, 2/89 Blankets for the Homeless, Church Educator, 1/89 How to Avoid The Potholes in Youth Ministry, Jed Share, 9/88 God Won't Mind: The Making of a Rock Benefit, Documentary and Leader's Guide. United Congregational Church, Hunger Action Task force, 1988. How to Deal with.... : The Opposite Sex, Drugs," Social Studies School Service, 1987 Telling It Like It Is: Drugs, Adolescent Sexuality, Friendship, Choices, Pressure, Family Relations, Growing Up, Adolescent Depression/Suicide, Social Studies School Service, 1985. "Worried about Your Child's Faith, Your Child Becoming a Teen," Forward Movement Publications, 1985. ( a 2-part series) Turning Points for Youth: "Thinking about Using Drugs, Thinking about Having Sex, Think You're a Loser, Thinking about Suicide, Can't Talk to Your Parents, Why Should I Believe," Forward Movement Publications, 1983. (a 6-part series) It's Hard to Say No, Xerox Education Publications, 1983 Improving Communications between Parent and Child, Episcopal Times, 1981 I Put My Mother-In- Law to Work, Redbook, 1974 Foster Families Assist Mentally Ill, Boston Globe, 1973 VA Program Assists Drug Addicts, Boston Globe, 1973