The URL can be used to link to this page

Home My WebLink About2023-12-04 SB Packet - Released SELECT BOARD MEETING Monday, December 4, 2023 Conducted by Remote Participation* 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Litigation- Trademark Infringement 6:30pm 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- 45 80 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. Approve and S ign Water and S ewer F inals and Commitments 2. 2024 Automatic Amusement Device License Renewals AUTOMATIC AMUSEMENT DEVICES Lexington-Waltham Lodge#2204 B.P.O.E. (Golden Tee Golf) - 959 Waltham S treet Lexington-Waltham Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street 3. 2024 Class I I/III License Renewals CLASS II Auto Engineering-436 Marrett Road Mabuchi Motorcars -401 Lowell Street Minutemen Auto Haus - 6 Fulton Road CLASS III John P. Carroll Company Inc. - 700 Waltham Street 4. 2024 Common Victualler License Renewals COMMON VICTUALLER Alexander's Pizza- 180 Bedford Street Beijing Chinese Dining- 1709 Massachusetts Avenue BIY Foods - 317 Woburn Street Bruegger's Bagels #3711 -413 Waltham Street Craft Food Halls - 1050 Waltham Street Daikanyama Japanese Cuisine - 43 Waltham Street Dunkin Donuts - 10 Woburn Street Dunkin D o nuts - 141 Massachusetts Avenue Dunkin Donuts - 277 Bedford Street F iorella's Trattoria- 25 Waltham Street Galaray House - 1720 Massachusetts Avenue, Unit 2 it C as ale - 1727 Massachusetts Avenue Inspire Bowl n Tea- 1686 Massachusetts Avenue Lexington Golf Club - 55 Hill Street Lexington House of Pizza- 399 Lowell Street Lexington-Waltham Lodge#2204 B.P.O.E. - 959 Waltham Street Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Mario's Italian Restaurant- 1733 Massachusetts Avenue McDonald's - 690 Marrett Road P eet's Coffee & Tea- 1749 Massachusetts Avenue Qdoba Mexican Eats - 46 Bedford Street Royal India Bistro - 7 Meriam Street Taipei Gourmet- 211 Massachusetts Avenue Via Lago Inc. - 1845 Massachusetts Avenue Wicked Bagel- 171 Massachusetts Avenue 5. 2024 Entertainment License Renewals ENTERTAINMENT Beijing Chinese Dining- 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it C as ale - 1727 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Starbucks Coffee#7553 - 60 Bedford Street Thai Room- 182 Bedford Street The Upper Crust Pizzeria-41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue 6. 2024 Liquor License Renewals ALL ALCOHOL RESTAURANTS Beijing Cuisine - 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it C as ale - 1727 Massachusetts Avenue Ixtap a Cantina Mexican Family- 177 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Via Lago - 1845 Massachusetts Avenue ALLALCOHOL INNHOLDER Aloft Lexington- 727 Marrett Road—A Element Lexington- 727 Marrett Road— B WINE/MALT RESTAURANTS Akame Nigiri& Sake- 1707 Massachusetts Avenue F iorella's - 25 Waltham Street Daikanyama Japanese Cuisine - 43 Waltham Street Mario's Italian Restaurant- 1733 Massachusetts Avenue The Vintage Tea and Cake Company-21 Muzzey Street PACKAGE STORES Art's Specialties - 1666 Massachusetts Avenue, Unit H B erman's Wine & Spirits - 55 Massachusetts Avenue Lexington Wine & Spirits - 186 Bedford Street Vineb ro o k Bottle Shop - 131 Massachusetts Avenue Whiskey& Wine Lexington- 55 Bedford Street CLUBS Lexington Golf Club - 55 Hill Street 7. Approve Town Manager Committee Appointments • C ounc it on Aging: • Charles James • Zehra Yar-Khan ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Common Victualler License - CFHA 10 Maguire Road, LLC d/b/a 7:10pm Craft Food Halls, 10 Maguire Road 2. Update on High Performance Building Policy 7:15pm 3. Discuss P lac ement of Menorah at Emery Park, 0 Massachusetts Avenue 7:3 0p m 4. Housing Partnership Board Request for Creation of Ad Hoc Property 7:45pm Acquisition/Use Working Group 5. Request for Creation of Study Committee to Investigate the Establishment of a 8:05pm Town Committee to Advise the Police Department 6. Review Draft Article List for 2024 Annual Town Meeting 8:20pm 7. Discuss and Approve Appointments to Fence Viewers 8:3 0p m • Fence Viewers: • Dawn McKenna • Potential Town Staff Member 8. Review and Approve Committee Applicant Interview Policy 8:45pm ADJOURN 1. Anticipated Adjournment 9:00pm Meeting Packet:https:Hlexington.novusagenda.com/agendapubhc/ *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 1aG5ETmNsRDVoZz09 iP ho ne 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 Passcode: 380743 An Act Relative to Extending Certain State of Emergency Accommodations:https://www.mass.gov/the-open-meet'mg-law The next regularly scheduled work session of the Select Board will be held on Monday, December 11, 2023 at 6:30pm via hybrid participation. The next regularly scheduled meeting of the Select Board will be held on Monday, December 18, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items aye approximate and Ley6edil"a 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 December 4, 2023 meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER:TER• ITEM S NUMBER: Jim Malloy, Town Manager TM.1 SUMMARY: Attached please find the Town Manager's Weekly Update for the week ending: . December 1, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 ATTACHMENTS: Description Type .r4^ IN uu d' 1775,2025 - N i^SAn wunuSir u S Town o 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: December 1, 2023 RE: Weekly Update The following is an update of activities for the week ending December 1, 2023: Town Manager Updates: • I've appointed Dana Bickelman as the new Director of Human Services to replace Melissa Interess. Dana has worked for the Town of Belmont for the past several years and is currently their Council on Aging Director, previously Dana worked for the City of Marlborough, MA. Dana's Bachelors degree is in special education/human services and she holds a Masters Degree in Public Administration. Her planned starting date is 12/27. • A few weeks ago, I provided the Select Board with an update on our new community aggregation electric rates. The new Eversource rate has been released and the following is how we compare: Lexington Rates Basic $0.13081 per kWh Green $0.13998 per kWh NE Green $0.15654 per kWh Eversource Rates Basic Residential $0.17251 per kWh Small Business $0.17587 per kWh Comparing Basic rates, Lexington's rate is $0.0417 per kWh lower(approximately 24% lower)! Even Lexington's NE Green rate is $0.016 per kWh lower than Eversource's basic rate. • The Hayden Recreation Board approved the easement across the Hayden property, this has been added to the 12/18/23 meeting agenda to authorize the Town Manager to execute any documents related to the easement. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 • At the recent budget summit(which the Board's [and full group's] consensus was to move forward with the plan to move the Central Office to 173 Bedford and redevelop the current Central Office into recreation fields), however, the Board also asked about the option of leasing space for the Central Office. As the Board may be aware, the Town has a subscription to Co-Star Services which provides us leasing information through a subscription service that we use both in the Economic Development Office and Assessor's Office. We have reviewed the space in the size the would be needed which is currently available and what the cost would be during the estimated 5 year period between 2024-29 (please note this may only be a 4-year period, but this analysis was designed to provide a conservative estimate) which is as follows: 5-Year Cost Rate Per SF Amount of SF Annual Cost 2024-2029 Cost Lowest Ove ra 11 $ 22.60 20,000 $ 452,000 $ 21260,000 Highest Ov e ra I 1 $ 50.02 20,000 $ 11000,400 $ 51002,000 Average Low: $ 28.73 20,000 $ 574,600 $ 21873,000 Average High: $ 35.11 20,000 $ 702,255 $ 31511,273 As presented previously there were several options that were under consideration: Option A—Leave Central Office in Current Location—This option was to leave the Central Office in its current location. The building in its present state is one of the lowest rated buildings the Town owns and requires substantial renovation at an estimated cost of$15 million (this is only for HVAC, electric, roof, windows and does not include any interior space renovations, which would be necessary and would add to the cost of this option). This option will result in fewer playing fields during the high school project, but would continue to allow 173 Bedford Street to either be used as swing space for the library and a future Town Office Building project at an estimated cost of$6.1 million to renovate 173 Bedford Street, bringing the total cost of this option to $21.1 million. An alternative is to dispose of the property or use the property for other purposes. If 173 Bedford was not used as swing space, the Town would need to consider leasing space for the library and Town Office Building for future projects. Using the same current lease rates at 20,000 sf(although we would likely need more space, perhaps 2x) over a four year period this cost is estimated at approximately$2.6 million which would bring the total cost to $17.6 million, would have fewer recreation fields, but would leave 173 Bedford Street to be disposed of or used for other purposes. This option would not incur any additional costs to the high school project as the Central Office would remain at its current location, but would also not provide the additional recreation fields during the high school construction. Option B —Move the Central Office to 173 Bedford—This option, which we are now incorporating into the FY25 Budget and Town Meeting warrant is to move the Central Office to 173 Bedford Street and demolish the existing Central Office Building at Harrington and convert this area to recreation fields. This option is estimated to cost $6.1 million to renovate 173 Bedford Street, $1.6 million to demolish the existing Central Office Building and $6.2 million construct recreation fields (Plan B presented at the 11/14/23 summit) for a total cost of$13.9 million. This option provides two additional recreation fields during the high school project and would leave 173 Bedford in a condition that it is possible to use for swing space for the library project and a future Town Office Building project. This option would incur additional costs to add space for the Central Office as part of the high school project with a rough current estimate of$10,500,000. This brings the total cost of this option to $24.4 million. Option C—Move Central Office to Leased Space—This option is the question the Select Board asked about moving the Central Office to leased space, which the average of the low/high average would cost approximately $3.2 million, $1.6 million to demolish the current Central Office and $6.2 million to construct recreation fields for a total cost of$11 million. This would leave 173 Bedford Street to be used as swing space for the library project and a future Town Office Building Project but would continue to cost the $6.1 million to renovate for this purpose, bringing the sub- total cost of this option to $17.1 million (although this renovation of 173 Bedford would not need to happen in FY25). Alternatively, the 173 Bedford Street property could be disposed of or used for other purposes, however this would then add a cost for leased swing space for the library and Town Office Building projects at an estimated $2.6 million (or more if more than 20,000 sf are needed) bringing the total cost to $13.6 million. This option would incur additional costs to add space for the Central Office as part of the high school project with a rough current estimate of $10,500,000. This brings the total cost of this option to $27.6 million or$24.1 million depending on the alternatives in this option. The matrix below should help understand the cost basis for each of these options: Action Option A(1) Option A(2) Option B Option C(1) Option C(2) Renovate Central Office $ 15,000,000 $15,000,000 Renovate 173 Bedford St $ 61100,000 $ 61100,000 $ 6,1001000 Lease Swing Space for Library/TO B Projects $ 2,600,000 $ 21600,000 Demolish Ce n t ro I Office $ 11600,000 $ 11600,000 $ 11600,000 Construct New Recreation Fields at Harrington $ 61200,000 $ 61200,000 $ 61200,000 Include New Central Office in High School Project $10,500,000 $ 10,500,000 $ 10,500,000 Move Central Office to Leased Space $ 31200,000 $ 31200,000 Tota 1: $ 21,100,000 $17,600,000 $24,400,000 $ 27,600,000 $ 24,100,000 All of these costs are based on 2023 estimates and would need to be adjusted in the future as the Town approaches various projects (i.e. the $6.1 million to renovate 173 Bedford Street now would be different if the space was left "as is"until the library renovation started and the renovation was undertaken at that time). Of these options, staff recommended Option B as the best option that would facilitate construction of the high school, provide additional recreation fields during the high school construction and additional swing space for the library and Town Office Building projects. Since the Select Board and other bodies at the Summit arrived at a consensus to move forward with Option B, this information is being presented for the Select Board's information on where the leasing option would have landed relative to the other options. • Attached please find the agenda tracker for upcoming Select Board meetings. Land Use Housing and Development: Planning • The Planning Board is working to submit zoning amendment articles for Annual Town Meeting to amend the sign bylaw, table of uses relative to eating and drinking establishments, and short-term rentals. Economic Development • Sandhya Iyer, Economic Development Director, was honored on Nov 29 2023 by the Lexington Chamber of Commerce with the Economic Growth Champion Award. 1 1 x J y 9 Y � J/ i I 111 i • The Visitors Center staff toured the Concord Museum yesterday as part of the end of the year training session. Visitors Center staff will be visiting the Scottish Rite museum and other historical houses in Lexington and nearby towns in the next few months to learn about other tourist sites and the 250th planning in each location. wd I l r �� lu ;l/ � � �' ,,, lul Yl ;, ,,.,,,ii �dl 11U�✓ ,///i„ i�i� / f� I !� s / nl I III �r, /i1:`� ,. i/ci; "9%: f(, J0 f y �� 'ill✓U I�1 I� I 4� r .� '' � ;! ✓�� „-.. � °�" �, �/,G /ifar� � y'u; I�:� � h I I°lu,Vjlllml./;�, ,,,,/ i cif I V IIIII oiiii I III I h J o i l 9 ��I��iili I+Illllilll� I� Public Works: 0 Attached please find the October monthly report for the Battle Green Streetscape Project. Human Services: Senior Services • Senior Trip to Newport for the Holidays is happening on December 6th with 50 residents registered and ready to go. • Sand for Seniors is underway, Senior Services along with Rotary Club is sponsoring a program for eligible seniors who are physically or financially unable to acquire their own bucket of an ice melt product. We have 46 seniors registered for the program, the Rotary Club volunteers will start the delivery next week. • Indigenous History of Lexington with Roaming Wabanaki, a citizen of the Abenaki Nation, will present some interesting Indigenous history of Lexington, share traditional wisdom, language and music passed down by Elders, and touch on contemporary issues of Native People who live in Massachusetts today. Youth and Family Services • 134 Thanksgiving meals were provided by The Lions Club for Seniors and adults without kids across 88 households. • 125 Thanksgiving meals were provided by The Rotary Club for families without kids across 34 households. Recreation & Community Programs:. Operations • Winter Registration begins on Tuesday December 5th at Gam - htt ,,,,,,final,s ..... s . r .r...—s pZ T z Ez I Agenda Tracker ITEM NAME PROPOSED DATE MINUTES Description Department Budget Presentations - 1-5pm; hybrid in Samuel Hadley Public FY2025 Proposed Budgets 30-Nov-23 240 Services Building, Second Floor Training Room Executive Session - Potential This is an executive session to discuss . . Litigation -Trademark Infringement 4-Dec-23 30 potential trademark infringement to determine what action to take. Approve and Sign Water and Sewer ® - - Email 11/20 Commitments Automatic Amusement Devices; Class 2024 Annual License Renewals ® ' Common Victualler; Entertainment; Liquor Approve Town Manager Committee 4-Dec-23 Appointments -Council on Aging x2 0 Common Victualler License Application -CFHA 10 Maguire Road, 4-Dec-23 5 New CV application (Zoning; Building; LLC d/b/a Craft Food Halls, 10 Health - Maquire Road High Performance Building Policy 4-Dec-23 15 Intro policy to SB and asking for feedback The Town has been approached to place Discussion on Menorah at Emery a Menorah on Emery Park and while this Park Manager,4-Dec-23 15 falls under the Town there are options to discuss prior to making a 10/16 request from Wendy Manz/advocates of more moderate and affordable housing units in Lexington, proposing that the Select Board consider Request for Creation of Ad Hoc creating an Ad Hoc Property Property Acquisition/Use Working4-Dec-23 20 Acquisition/Use Working Group Group comprising representatives of Town Stakeholders who might have an interest in public uses of property, to advise the Town Manager regarding potential Propertv acquisitions 10/30 request from Tom Shiple: The overarching goal of an advisory committee is to increase and maintain trust between the PD and Town residents. Request for Creation of a StudBroadlspeaking, we envision that such a q Y Committee to Investigate the committee would analyze policing data to ...Establishment of a Community operations,better understand policing Advisory Board for the Police would review police policies andprocedures and make ...Department. recommendations, interfaceand would serve as an Review Draft Article List for 2024 4-Dec-23 10 Kelly will share of list of potential articles Annual Town Meeting Discuss Fence Viewers Discuss the topic of appointing a staff Appointment(s) 4-Dec-23 15 member to the Fence Viewers in addition to residents 1. Add to the Select Board Policy Manual the three Boards/Committees that the Board will interview for in a 2-2-1 format prior to appointment/reappointment of Review and Approve Committee members: Applicant Interview Policy 4-Dec-23 15 e Historic District Commission (Full & Associate) Zoning Board of Appeals (Full & Associate) • Minuteman School Committee • Trustees of Public Trusts , Civic hybrid in Estabrook Hall FY2025 Proposed Budgets The Select Board, School Committee, AC, CEC and Recreation Committee discusssed various options that the Discussion on Use of 173 Bedford summit on 11/14. The Town Manager is Street- HOLD 11-Dec-23 60 providing the Select Board with three options based on the discussion at the summit and a decision on which option to pursue needs to be made so that it can be incorporated into the FY25 budget. Annual License Renewals 18-Dec-23 0 Invite academy graduates, hand out ® certificates The Board will have an initial presentation seeking feedback on 11/13. This would be High Performance Building Policy® 18-Dec-23 15 to go over any changes from the initial discussion and approve the policy Follow up from 11/13/2023 meeting - review and discuss updated SB Alcohol regulation version from Town Counsel, Discuss Potential Liquor Licensing 18-Dec-23 20 also discussion about expanding section Expansion 12 Beer and Wine available license, will need a warrant article (requested by C. Kowalski on 11/27/2023) To develop new meeting norms (and review past norms from the No Place for PLACEHOLDER-Committee Meeting Hate Committee)to be shared with all Conduct Norms 18-Dec-23 Boards/Committees for them to review at the beginning of every meeting. Town Manager's Performance 18-Dec-23 15 Continuation of the Discussion from Evaluation Review 11/27. Town Meeting approved the easement and the Hayden Board approved the easement and notified the Town on 11/30. Authorize the Town Manager to 18-Dec-23 10 The Select Board needs to authorize the execute the Hayden Easement Town Manager to execute the easement document so that Town Counsel can file at the Registry after Hayden executes the agreement. LEXINGTON BATTLE GREEN TRAFFIC AND STREETSCAPE IMPROVEMENTS MONTHLY SELECT BOARD UPDATE 1»s u nvan v:. OCTOBER 2023 Town of Lexington, MA EN VIRONMENTAL PARTNERS A..............I............................ IIIIIIIIIIIIIIF A CoristrACtion Progr"ess U�[..)datel ENVIRONMENTAL &;�M PARTNERS C 0��N S"T��R U C"T 10��N ��P��R 0 G ��R��E S,S U ��P��D AIIT��E W ihdn Octd�b&�: 2,:02,3 rwxmmw P I ��lomwma, n, mmmmwm. wm m.owmion Construction for the Lexington Battle Green Traffic and Streetscape Improvements project began on April 18, 2023.The following tasks were completed by the Contractor, Unified Contracting, during the month of October: 1. Completed concrete sidewalks in front of Masonic Association Building, along both Bedford Street and Hancock Street. 2. Completed removal and resetting of granite curbing along Massachusetts Avenue from project limits to Parker Street. 3. Completed milling of Massachusetts Avenue including from project limits to Parker Street. 4. Completed paving of Harrington Road and Massachusetts Avenue including from project limits to Parker St. 5. Completed installation of granite pavers at both Massachusetts Avenue landscape island and in front of Minuteman Statue (Battle Green). 6. Completed design and installation of irrigation system at Massachusetts Avenue and Harrington Road bump out(Extra Work). 7. Completed full depth reclamation and paving of both Hancock Street and Bedford Street. 8. Continued to loam and seed disturbed areas along Bedford Street and Massachusetts Avenue. 9. Completed Phase 1 roundabout construction - Bedford Street/ Hancock Street/ Harrington Road. 10. Began construction of Harrington Road splitter island and Hancock Street truck apron. 11. Electrical Company connected existing utility power source to new electrical control cabinet Harrington Road. Unified Contracting plans to complete the following tasks during the month of November 2023: 1. Complete Phase 2 roundabout construction - Bedford Street/ Hancock Street/ Harrington Road. 2. Complete granite stairs and concrete sidewalk work between driveway of#1888 Massachusetts Avenue and Clarke St. 3. Complete construction of both the Bedford St splitter islands and the Hancock St landscape. 4. Complete installation of Type A light poles. 5. Complete paving of driveway aprons. 6. Loam disturbed areas- Bedford Street and Hancock Street. 7. Start cleanup and demobilize materials and equipment for winter project shut down. mi res ii t C wm I '', �M Lum I,- imp at,min*o�n U ��,o i w The construction team has worked diligently to ensure residents, business owners and visitors are up to date on construction activities. Meetings take place on a weekly basis with EP, Unified Contracting, and the Town's representatives.Work has included: 1. Weekly onsite meetings to ensure all key stakeholders have the opportunity to understand the communication game plan and work schedule. 2. Project signage throughout the downtown. The communication plan will continue to be adjusted as construction activities and community needs dictate. e 11 v p a t III"'i e Irs,,c oIP; uuuuuuuuuuuuu uuuuuuu uuumuuullll A..............I............................FA Cuuuuuuuuu �NA cur-)strt i ct'i��o ni 1-i atc)g ir-a p lh Is ENVIRONMENTAL Ill ;e in III PARTNERS ttV .............. ,�iWi,U N9 f a 0� /i Photo#1 - Pavement Reclamation of Bedford St It; r, �I141 r �N ,rr/iar � rri l tyr tri�� r / Y � Yl !yd i y�f V/ Photo#2- Full Depth Reconstruction of Mass Ave and Clarke Street I / r�rir r�'r/roirr Y r rq rr if/r i �� *61 gg %/ / �r VON Photo#3- Granite Pavers Landscape Island - Mass Ave and Clarke St �f i ,... .>'.,� � r �,^:" .'�w.ww'rm;,r�„�'r,°y.r�,�,'N vRu➢uu u,uu gyl�,fuVllV�v;V�P�h I� w ! r � r r �r � ✓/ / r 6�i1 (/ � � I I�Ir✓ r�;u �r n ��n�al /i�r�F ��' � wifimwL� "w^ r�'r��%fir� ! ��i✓/��' 4 �NI f u�n �rrr(kJi%yn �" w rG r Vn�hr�k Photo#4- Installation of Roundabout Rebar "a ge IOW 4i a u rY F �n a l / r ' i ra it If%i elVr�'a� Photo#5- Loam and Seed at Harrington Rd and Bedford St r, �< r r i i ✓r 1 r J(�lliu�� r e/�/r� r �' �i�✓�/�J//�I��tt/U��wr /I/% a , r Vi' /� y ilia I .� � � �i�� ghln�p�R��tl�l��"��lu 1�i'r(� �`��F✓l IiI �7 q V g f i �� I i e i/ � ��1 i f"�r jr'�y��rJ�/'✓r��'�IP'F �l P r N a / N W f �i/�r/�✓N��fl� 7Ji ilYlr k 9 rN ti P I �R✓ r� ��y��/ �;1� a �y��i Al�(��ly�)11 J1/ Ili I r/I ioi//i i.�� '(�/��v�i�uY�/N� rr rr��✓�?��r�!✓�Pi�J091i/lip/f�Im . �;pN'"ylr rr 16/rd li/ ,✓ �"�l� ((r��+'ur/Y Y j/%%//%// �>`i Jr r vd u l rl l i r t Photo#6- Backfill at Stone Masonry Wall - Clark St II'"" II" IP11�II'� Il i �w � atiQl u /l�✓��,raj"'//��f„`�/, J(i��r�i rlt��l�>%�rfll/G/I r i�//r wM ��um IIIIIIIIIII IIIIIPuuuuuuuuuuJuwuuuu q 4 A X gl,G W Photo#7- Harrington Rd Splitter Island r u�ro1 i fl" �y f 1 i I Photo#8- Installation of T100 Curbing at Roundabout e II1`1 I a II1 II'"'ersxalm ENVIRONMENTAL 1900 Grownii irive, Suilite Q u iii iin cy, M A 0 216 . 5 7.02,01 uummu4 j �"�wlll wuu�m il ��miiii��I uuuuuuuuii. � � .mom I AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Finals and Commitments PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.1 SUMMARY Category:Decision-Making The Water and Sewer Division is requesting that the Select Board approve and sign the following Water and Sewer Finals and Commitments: Commitment of October 2023 Finals $25,256.53 Cycle 9 Billing October 2023 $3661331.79 SUGGESTED MOTION: To approve and sign the following attached Water and Sewer Finals and Commitments: Commitment of October 2023 Finals $251256.53 Cycle 9 Billing October 2023 $3661331.79 Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 ATTACHMENTS: Description Type F) (.,,omrnitn,l(','.lMt.s 12 4�23 W/S v e r VII e ri'lo Department of Public Works, Ins Town of Lexington r Water and Sewer Enterprise Funds At Z FISCAL YEAR 2024 AFRII Fr 7 FINALS GRAND TOTAL$ OCTOBER 2023 WATER $ 113,425.75 $13,625. 5 SEWER 1111630-78 $11,630.78 TOTAL: $25,t256-53 $25,256.53 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water /sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sure being: Twentyfiv redfffty si'x 531ioo And pay the same into the treasury of the Town of Lexington and to exercise the powers. conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS SELECT BOARD 12/4/23 Treasurer/Collector, Director of Public Works, Water/; rer Billing CYCLE.NINE BILLING COMMITMENT ru"EPAR"TMENT 0"'F PUBLIC WORKS TOWS LEXI N TON k WATER AND SEWER ENTERPRISE FUNDS CYCLE 9 BILLING OCt-23 WATER' $ 360,079.26 BURLINGTON FEE $ - BEDFORD FEE: $ 6,2 5 2.�513 TOTAL: $ 366o,331.79 To the Collector of Revenue for the Town of Lexington: You are her authorized and req,uired to levy and collect of the persons named in the list of water/sewer charged herewith committed to you and each one of his/her respective portion herein set down to the sum total of such list. Said sum bleing- 'Tfl,i,,eehit,i'i,dt-eds'l,-A:tysl,.)Ctfiozi.sa,tidtfi-i"t-?eh,it'ii,d.-r-edth,l."I-t an.e17,91100 y And pay the same the treasury of the Town of Lexington and to exercise, the powers, confe reld by Ian in regard thereto. SELECT BOARD 12/4/23 DIRECTOR OF PUBLIC WORKS Treasurer/collector,Director of Public Works,Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Automatic Amusement Device License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Automatic Amusement Device License renewals. The Select Board Office is in receipt of all of the required documentation for the renewals of the following business holding(2)Automatic Amusement Device Licenses: AUTOMATIC AMUSEMENT DEVICES Lexington-Waltham Lodge#2204 B.P.O.E. (Golden Tee Golf) - 959 Waltham Street Lexington-Waltham Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street SUGGESTED MOTION: To approve the 2024 Annual Automatic Amusement Device License Renewals for the following business: AUTOMATIC AMUSEMENT DEVICES Lexington-Waltham Lodge#2204 B.P.O.E. (Golden Tee Golf) - 959 Waltham Street Lexington-Waltham Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Class IUIII License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.3 SUMMARY Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Class II/III License renewals. The Select Board Office is in receipt of all of the required documentation and departmental reviews with sign-offs for the renewals of the following businesses holding a Class II/III License: CLASS II Auto Engineering-436 Marrett Road Mabuchi Motorcars -401 Lowell Street Minutemen Auto Haus - 6 Fulton Road CLASS III John P. Carroll Company Inc. - 700 Waltham Street SUGGESTED MOTION: To approve the 2024 Annual Class II/III License Renewals for the following businesses: CLASS II Auto Engineering-436 Marren Road Mabuchi Motorcars -401 Lowell Street Minutemen Auto Haus - 6 Fulton Road CLASS III John P. Carroll Company Inc. - 700 Waltham Street Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Common Victualler License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.4 SUMMARY Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Common Victualler License renewals. The Select Board Office is in receipt of all of the required documentation and departmental reviews with sign-offs for the renewals of the following businesses holding a Common Victualler License: COMMON VICTUALLER Alexander's Pizza- 180 Bedford Street Beijing Chinese Dining- 1709 Massachusetts Avenue BIY Foods - 317 Woburn Street Bruegger's Bagels #3711 -413 Waltham Street Craft Food Halls - 1050 Waltham Street Daikanyama Japanese Cuisine -43 Waltham Street Dunkin Donuts - 10 Woburn Street Dunkin Donuts - 141 Massachusetts Avenue Dunkin Donuts -277 Bedford Street Fiorella's Trattoria- 25 Waltham Street Galaray House- 1720 Massachusetts Avenue, Unit 2 it Casale - 1727 Massachusetts Avenue Inspire Bowl nTea- 1686 Massachusetts Avenue Lexington Golf Club - 55 Hill Street Lexington House of Pizza- 399 Lowell Street Lexington-Waltham Lodge#2204 B.P.O.E. - 959 Waltham Street Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Mario's Italian Restaurant- 1733 Massachusetts Avenue McDonald's - 690 Marrett Road Peet's Coffee& Tea- 1749 Massachusetts Avenue Qdoba Mexican Eats -46 Bedford Street Royal India Bistro - 7 Meriam Street Taipei Gourmet- 211 Massachusetts Avenue Via Lago Inc. - 1845 Massachusetts Avenue Wicked Bagel- 171 Massachusetts Avenue SUGGESTED MOTION: To approve the 2024 Annual Common Victualler L is ens e Renewals for the fo llo wing businesses: COMMON VICTUALLER Alexander's Pizza- 180 Bedford Street Beijing Chinese Dining- 1709 Massachusetts Avenue BIY Foods - 317 Woburn Street Bruegger's Bagels #3711 -413 Waltham Street Craft Food Halls - 1050 Waltham Street D aikanyama Japanese Cuisine - 43 Waltham Street Dunkin Donuts - 10 Woburn Street Dunkin D o nuts - 141 Massachusetts Avenue Dunkin Donuts - 277 Bedford Street F iorella's Trattoria- 25 Waltham Street G alaray House - 1720 Massachusetts Avenue, Unit 2 it C as ale - 1727 Massachusetts Avenue Inspire Bowl n Tea- 1686 Massachusetts Avenue Lexington Golf Club - 55 Hill Street Lexington House of Pizza- 399 Lowell Street Lexington-Waltham Lodge#2204 B.P.O.E. - 959 Waltham Street Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Mario's Italian Restaurant- 1733 Massachusetts Avenue McDonald's - 690 Marrett Road P eet's Coffee & Tea- 1749 Massachusetts Avenue Qdoba Mexican Eats -46 Bedford Street Royal India Bistro - 7 Meriam Street Taipei Gourmet- 211 Massachusetts Avenue Via Lago Inc. - 1845 Massachusetts Avenue Wicked Bagel- 171 Massachusetts Avenue Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Entertainment License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Entertainment License renewals. The Select Board Office is in receipt of all of the required documentation for the renewals of the following businesses holding an Entertainment License: ENTERTAINMENT Beijing Chinese Dining- 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it Casale - 1727 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Starbucks Coffee#7553 - 60 Bedford Street Thai Room- 182 Bedford Street The Upper Crust Pizzeria-41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue SUGGESTED MOTION: To approve the 2024 Annual Entertainment License Renewals for the following businesses: ENTERTAINMENT Beijing Chinese Dining- 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it Casale - 1727 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Starbucks Coffee#7553 - 60 Bedford Street Thai Room- 182 Bedford Street The Upper Crust Pizzeria.-41 Waltham Street Via Lago Inc. - 1845 Massachusetts Avenue Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Liquor License Renewals PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category:Decision-Making The Select Board is being asked to approve 2024 Liquor License renewals for the establishments listed below. The lic ens e e s have s up p lied the necessary paperwork for the renewal. ALL ALC OHOL RE S TAURANT S Beijing Cuisine - 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it C as ale - 1727 Massachusetts Avenue Ixtapa Cantina Mexican Family- 177 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Via Lago - 1845 Massachusetts Avenue ALLALCOHOL INNHOLDER Aloft Lexington- 727 Marrett Road—A Element Lexington- 727 Marrett Road— B WINE/MALT RESTAURANTS Akame Nigiri& Sake - 1707 Massachusetts Avenue F iorella's -25 Waltham Street Daikanyama Japanese Cuisine -43 Waltham Street Mario's Italian Restaurant- 1733 Massachusetts Avenue The Vintage Tea and Cake Company- 21 Muzzey Street PACKAGE STORES Art's Specialties - 1666 Massachusetts Avenue, Unit H B erman's Wine & Spirits - 55 Massachusetts Avenue Lexington Wine & Spirits - 186 Bedford Street Vineb ro o k Bottle Shop - 131 Massachusetts Avenue Whiskey& Wine Lexington- 55 Bedford Street CLUBS Lexington Golf Club - 55 Hill Street SUGGESTED MOTION: To approve the fo llo wing 2024 Annual Liquor L is ens e Renewals: ALL ALCOHOL RESTAURANTS Beijing Cuisine - 1709 Massachusetts Avenue Clay Oven Indian Restaurant- 1666 Massachusetts Avenue it C as ale - 1727 Massachusetts Avenue Ixtap a Cantina Mexican Family- 177 Massachusetts Avenue Love at First Bite Thai Kitchen- 1710 Massachusetts Avenue Via Lago - 1845 Massachusetts Avenue ALLALCOHOL INNHOLDER Aloft Lexington- 727 Marrett Road—A Element Lexington- 727 Marrett Road— B WINE/MALT RESTAURANTS Akame Nigiri& Sake- 1707 Massachusetts Avenue F iorella's - 25 Waltham Street Daikanyama Japanese Cuisine - 43 Waltham Street Mario's Italian Restaurant- 1733 Massachusetts Avenue The Vintage Tea and Cake Company-21 Muzzey Street PACKAGE STORES Art's Specialties - 1666 Massachusetts Avenue, Unit H B erman's Wine & Spirits - 55 Massachusetts Avenue Lexington Wine & Spirits - 186 Bedford Street Vineb ro o k Bottle Shop - 131 Massachusetts Avenue Whiskey& Wine Lexington- 55 Bedford Street CLUBS Lexington Golf Club - 55 Hill Street Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Town Manager Committee Appointments PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.7 SUMMARY: Category:Decision-Making At the recommendation of the Council on Aging, the Select Board is being asked to approve the Town Manager's appointment of Charles James and Z ehra Yar-Khan as new members to the Council on Aging. The appointments would be effective immediately each with a term set to expire on May 31, 2026. SUGGESTED MOTION: To approve the Town Manager's appointments of Charles James and Z ehra Yar-Khan to the Council on Aging each for a three-year term set to expire on May 31, 2026. Move to approve the consent. FOLLOW-UP: Town Manager's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 ATTACHMENTS: Description Type F) Cliailes Jarn(,.�,s R.esLIl-ne Cover V11'evinio F) Zehn,,t Yar Khan. I.-lackup Vll'atefial F) (,.-,OA]':Zecor.iir.iii.(-.,,,n.datioris 1"k,"Ickup Matt.,,rial Lexington MA Boards &Committees Submit Date: Sep 20, 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® or the Town Manager's Office at 781- 698-4540. Charles James ............... First Name Middle Initial Last Name Nickname ............... Charles Preferred Title(i.e. Mr., Ms., Mx., Dr., Rev ..... ............... Mr .................................................................................................................................. Email Address Alternate Email Address (Optional) ............... .............................................................................................................................................................. ............................................................................................ Home Address Suite or Apt LEXINGTON MA 02420 ............... City State Postal Code Length of Residence in Lexington (Note: ZIBA requirement is a minimum of 8 years) ............... 6 years What Precinct do you live in? ............... W' Precinct 1 Charles James Page 1 of 3 Home Primary Phone Alternate Pane The Artisan at Hudson Executive Director Employer Job Title Work Address Which Boards would you like to apply for? Council on Aging: Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications have been a manager in senior living for over 30 years. Charles James Executive Director Resume.doc Upload a Resume Why are you interested in serving on a board or commission? love seniors and want to contribute to their life experiences. How did you hear about the board or commission for which you are applying? John Zhao Have you recently attended any meetings of the board or committee for which you are Yes • No Have you confirmed your availability to attend the board or committee's meetings.9 (i.e. can attend at the time the committee regularly meets) • Yes r No Do you currently serve on another board or committee? Yes • No If yes, please list date of most recent Conflict of Interest Law Training. Charles James Page 2 of 3 Conflict of Interest Law Training Certificate Charles James Page 3 of 3 Charles E. James Management Philosophy To have a detailed understanding of the Mission and Values of the Organization. To develop and implement processes and execute consistently. To clearly define the job expectations of all Team Members so that all expected initiatives and responsibilities produce the desired outcome. To have a system to correct flaws and errors. To manage by coaching and development. Proficiencies Execution-driven leader with expertise in all aspects of operations,including relationship management,budget,and finance. Demonstrated success in occupancy growth,community profitability,resident satisfaction,and resident care. Budget Administration Staff recruitment/development Sales&Marketing expertise Expense Control Policy/procedure implementation/development Expertise in local,state,and federal Guidelines Experienced Licensed Practical Nurse FL Assisted Living Administrator—Core trained Career Highlights SageLife Senior Living 9/2022—Current The Artisan at Hudson Assisted Living Executive Director Welch Senior Living/Peabody Properties 12/2019-9/2022 Providence House Assisted Living Senior Executive Director • Senior Executive Director of 2 Communities in the metro Boston Area • Provided leadership in the planning and implementation of an operating and capital budget • Maintains a community outreach program and foster relationships through contact with business groups,chambers of commerce and other local civic organizations. • Responsible for the development,administration and coordination of department policies and procedures • Responsible for compliance with federal and state regulatory agencies and non- government organizations and preparation in facility surveys. LCB Senior Living 1/2018-12/2019 The Residence at Melrose Station Executive Director • Increased relationship with referral sources by developing strong community outreach and relationships. Expanded partnerships with local referral sources and increased communications with current residents'families to increase friends and Charles E. James 0 1 family referrals. • Met all facility budget and census guidelines as set by company policy. Implement policies and procedures,ensuring adherence to industry regulatory compliance. • Managed facility financial management,including payroll and departmental budgets. Including but not limited to overtime management,Accounts Receivable,and Accounts Payables. Life Care Services 11/2015— 12/2017 Beach House Assisted Living&Memory Care Waterford Manor Independent,Assisted Living&Memory Care Executive Director • Managed fiscal operations,including budget implementation,expenditures,rates of services monitoring and adjustments and financial accounting and reporting. • Responsible for financial stability and development of growth strategies for multiple revenue streams,including grant funding,retail,venue attendance,facility event rental,and tenant lease programs. • Implemented innovative programs to increase revenue,to include both occupancy growth and various other revenue streams. • Reduced Employee overtime below company thresholds for past 3 years. Accomplished by reviewing and changing the hiring,training, and employee communication procedures. Five Star Senior Living 4/2012-11/2015 Northlake Gardens Assisted Living&Memory Care Executive Director • Decreased community expenditures and increased revenue year over year. Accomplished by closely monitoring and aligning all departmental requirements and spending. Eliminated duplicate spending costs by implementing inter-departmental teams as needed. • Successfully increased census from 70%to too%occupancy within first six months of hire. Maintaining a 95%-100%average occupancy rate for the past 3 years. Accomplished by regularly scheduled communications with the Sales Counselor and other department managers. Implemented procedures linking front end sales with back- end resident retention. • Successfully executed transition from Personal Care Home licensure to Assisted Living Home licensure. Received Assisted Living Home License,deficiency free. • Increased Community Reputation Score. Received highest score in region and end highest of all 5 Star communities in 2015. • Employee satisfaction score increases year over year. Developed and implemented an open door policy for the front line staff to express their concerns and needs to the Management Team. This also provided a means to reduce employee turnover. Charles E. James 0 1 Emeritus Assisted Living,Memory Care,Independent Living 7/2007-4/2012 Lake Springs Community/Stone Mountain Estates Community Executive Director • Managed facility management in a manner that ensures company profitability. Successfully managed operational needs and concerns. Reached too%occupancy within 12 months of hire. • Directed and managed department heads to ensure overall company policies and procedures were implemented and followed. • Ensured that all community residents were satisfied with community services and living environment. Happy current residents yield a higher census. • Guided new hire and new hire training process. Instituted a new"right person-right position"hiring process. Manor Care of Decatur(Skilled Nursing Facility) 1/2007-2/2008 MDS Coordinator • Assured the completion of the RAI Process from MDS through plan of care. Assisted in assuring adherence to Federal and State regulations and certification. • Completed financial data analysis for each patient and interviewed staff to assure good standard of practice. Ensured appropriate Medicare coverage through regular communications with Corporate Medicare Operations Specialist. • Attended weekly Medicare or Utilization Review meetings as required. Facilitated accurate determination of the Assessment Reference Data that accurately reflects the patient's care needs and captures all resources utilized to ensure appropriate payment by Shoreham at Marietta(Skilled Nursing Facility) 9/2005-12/2006 Assistant Director of Nurses • Provided daily supervision of nursing staff,including RNs,LPNs, and CNAs. • Responsible for monthly Quality Assurance and reportable incidences to the state. • Completed daily work schedule for over Zoo nursing employees. Performed employee counseling,training,and education of staff. • Implemented programs,including fall prevention,medication error management,and infection control protocol. Lexington MA Boards &Committees Submit Date: Oct 30, 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® or the Town Manager's Office at 781- 698-4540. Zehra Yar-Khan ............... First Name Middle Initial Last Name Nickname ............... Preferred Title(i.e. Mr., Ms., Mx., Dr., Rev.....) ............... .................................................................................................................................... Email Address Alternate Email Address (Optional) ............... .................................................................................................................................................................... ............................................................................................ 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) ............... 1.5 What Precinct do you live in? ............... None Selected Mobile: Mobile: .................. ............................. Primary Phone Alternate Phone Homemaker ...................... Employer Job Title Zehra Yar-Khan Page 1 of 2 Work Address Which Boards would you like to apply for? Council on Aging: Submitted Lexington Human Rights Committee - Racial Disparities Subcommittee: Submitted Trustees of Cary Library: Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications Upload a Rename Why are you interested in serving on a board or commission? would like to give back to the community I live in. How did you hear about the board or commission for which you are applying? Have you recently attended any meetings of the board or committee for which you are Yes • 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 Do you currently serve on another board or committee? Yes • No If yes, please list date of most recent Conflict of Interest Law Training. Conflict of Interest Law Training Certificate Zehra Yar-Khan Page 2 of 2 Cathy Severance Subject: FW: Recommendations for COA appointments From:Julie Ann Shapiro< > Sent: Sunday, November 26, 2023 9:01 PM To:James Malloy< > Cc: Cathy Severance< >; Ellen Cameron <>;John Zhao< > Subject: Recommendations for COA appointments F7 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 Jim: We met with each prospective COA board member by Zoom. We highly recommend appointing Charles James and Zehra Yar-Khan to the COA board. Both Charles and Zehra bring with them a great deal of enthusiasm and a strong desire to serve the interests of seniors in Lexington. Charles has resided in Lexington for six years. He has an impressive professional background related to seniors, most notably as executive director of a variety of assisted living facilities. Zehra is relatively new to Lexington, having lived here for one and a half years. Her interest and background with seniors is personal, not professional. She has provided support and care for family members, most recently her father-in-law. She has a very kind,personable and compassionate manner that will benefit our board and Lexington's seniors. Please let us know if you require any additional information. Thank you very much, Julie Shapiro and Ellen Cameron i AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Common Victualler License - CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair I.1 SUMMARY: Category:Decision-Making CFHA- 1050 Waltham Street d/b/a Craft Food Halls: The Select Board is being asked to approve a request for a Common Victualler License for CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road (a.k.a. "Lexington Labs"), for the hours of 7:00am to 5:00p m Monday through F rid ay for seating in a new, cafeteria-style restaurant. The ap p lic ant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. The ap p lic ant, Mr. Randy Hill, Craft Food Halls Manager, has been invited to attend the Select Board meeting to answer any questions. SUGGESTED MOTION: Move to (approve/not approve) a Common Victualler License for CFHA 10 Maguire Road, LLC d/b/a Craft Food Halls, 10 Maguire Road, for the hours of 7:00am to 5:00pm Monday through Friday. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 7:10pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on High Performance Building Policy PRESENTER: ITEM NUMBER: Maggie P eard, S ustainab ility& Resiliency Officer I.2 SUMMARY: Category: Informing Attached please find the High Performance Building Policy and associated documents. Maggie P eard, S us tainab ility and Resilience Officer will present these at the Select Board meeting. This meeting is for the initial discussion and input from the Board. The final policy will be reviewed at a future meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 7:15pm ATTACHMENTS: Description Type ICE, I ligh.Pert,'01'.TMjri.ce.Bijil(lifi.l.)-Policy".].'i.-acking Cbver.Merry BOARD OF SELECTMAN & SCHOOL COMMITTEE POLICY HIGH-PERFORMANCE BUILDINGS POLICY Draft as of Nov 2023 I. Purpose of Policy l. To maximize the health and well-being of building occupants and the public at large. 2. To ensure that the Town maintains and renovates its buildings to meet programmatic requirements while enabling operations to achieve the highest reasonably attainable and economically viable performance standards for health, energy, and resilience. 3. To guide the performance monitoring and maintenance of Town facilities including selecting performance metrics, setting performance targets,reporting performance outcomes, and defining the process for responding to findings through operating,maintenance, and capital improvement planning and execution. 4. To evaluate and select optimal corrective actions (operating,maintenance, capital upgrade)that(1) address the building's intended programmed use and that(2)respond to identified performance gaps. 5. To maximize onsite renewable energy production and minimize onsite use of fossil fuels, given each building's respective site and site use; while also reducing overall energy use and operational costs of Town buildings. 6. To ensure that Town buildings achieve the level of resilience needed to support the Town's health and safety of its residents and staff. II. Responsibility The Select Board and School Committee are responsible for adopting this policy for school buildings. The Select Board is responsible for adopting this policy for all other Town buildings. The term"Elected Boards"is used to identify these two bodies throughout this policy and goals. The Town Manager, Superintendent of Schools, and Director of Public Facilities shall be responsible for the adherence to this Policy. The Town Manager is authorized to adopt additional guidelines, objectives, and supplemental materials to effectuate this policy and goals. The"stakeholder group"referred to in this policy shall be determined by the Town Manager and Superintendent of Schools or their appointee,when appropriate,in consultation with the Elected Boards,but should include but not be limited to,representatives of the Department of Public Facilities, Health Department, Sustainable Lexington Committee, the Sustainability&Resilience Officer, and an invitation for a liaison from the Permanent Building Committee. III. Scope 1. This policy and attached goals apply to all Town-owned buildings. IV. Policy The Department of Public Facilities and Elected Boards shall strive to achieve the highest reasonably attainable and economically viable performance standards for health, energy, and resilience for the maintenance and renovation of Town buildings in accordance with the policy of the Elected Boards as follows: 1. The stakeholder group shall establish performance targets for Town-owned buildings that consider each of the High-Performance Building Metrics as defined in Attachment A. The targets for School Department Buildings High Performance Buildings Policy—Nov Revision (11/22/2023) Page 1 of 2 shall be approved by the School Committee and the Select Board. The targets for all other Town buildings shall be approved by the Select Board. 2. Design/maintenance teams selected for all facility projects that are subject to this policy shall at a minimum include accredited professionals with demonstrated experience in maintaining and renovating buildings that would meet the requirements of this policy and goals. 3. Prior to each fiscal year,the stakeholder group shall make a recommendation to the Elected Boards whether to adjust performance metrics or performance targets for each building. 4. The performance of each Town-owned building shall be monitored by the Department of Public Facilities throughout each calendar year to assess performance of each building against this policy and the agreed upon performance targets. 5. After each calendar year, the stakeholder group shall prepare a performance report that addresses each building's adherence to or departure from approved performance targets. The report shall include prioritized corrective action plans for buildings that show significant departures from approved performance targets. The Director of Public Facilities shall submit these reports to the Elected Board(s). It is recommended that Elected Board liaisons give regular updates to their respective Boards outside of the annual reporting. 6. Corrective action plans shall be integrated into the annual capital planning process and Town operating budget process. Priorities for corrective actions shall be based on an analysis that considers life cycle operating cost, safety,health, and building programming. 7. The performance monitoring/corrective action planning program shall be adequately funded and staffed with suitably qualified Town or contract resources. V. Policy Revisions and Updates 1. No changes to the policy, goals, or attachments may be made without the formal approval of both Elected Boards. 2. This policy and its attachments, shall be reviewed and updated by the Department of Public Facilities, the Health Department, the Sustainability&Resilience Officer,the Sustainable Lexington Committee, and the Permanent Building Committee, at a minimum, for approval by the Elected Boards every three years or sooner as required to reflect current,best practices and performance standards for health, energy, and resilience and any updates to applicable codes and reference materials, as well as to improve stakeholder coordination and project management, budget, and schedule control? VI. Policy Phase-In This policy requires target setting and corrective action planning. However, in order to acquire sufficient data to set appropriate targets and create appropriate corrective action plans,the first two years after the Effective Date of the policy shall focus only on collecting data. The Stakeholder Group is not required to set performance targets or create corrective action plans until after two years of data have been collected and reported. This policy is to meet the goals set out in Article 33 of ATM 2013:Climate Change Resolution. High Performance Buildings Policy—Nov Revision (11/22/2023) Page 2 of 2 High Performance Buildings (iGuidance RPS REQUIREMENT Massachusetts Renewable Energy Portfolio Standard (RPS) sets requirements for the percentage of the state's electricity that comes from renewable energy.The Town of Lexington has set its own goals to go above and beyond the state RPS requirement in its electricity supply contracts. Lexington's MA RPS Class I Targets (as laid out in the municipal electricity contract with Freedom Energy) is shown below.The Total column shows the state requirements plus Lexington's additional voluntary commitment.All electricity used in Town buildings shall meet the target in the Total column. V� MA UR, ,P.,,,Sf .................................................... 10- -------1__,------------------------------ 1� I 00, %1 32A % a III 1 Ili E IJI, 7 J 4U11", 6 2 % 46*0 % 282 % 20M 48*0 '% ,, ,, ,„ ,J, „;""" ,, i 4 II I� �" �" V � 1 l V,r" °o a i�h %20291 34.0 % 2''M2028, 32.0 22,0o 52,40 % " f % 2030 I U 3154"0 I I V, 4 WWOMWWWW� COz LEVELS Building Monitoring Systems (BMS) monitor the COz level of building spaces. If the COz level goes over 1000 ppm for 15 minutes, an alert is sent to Department of Facilities technicians to inspect the systems and address any issues. If the COz levels is starting to fall after the 15-minute period, another alert is sent indicating that the area has returned to a normal range.The existing BMS has no way to collect or trend data. OPERATION SUBSTANCES AND MATERIALS PROCUREMENT All substances and materials used for the operation and maintenance of Town buildings—including but not limited to cleaning products, paints, and materials used for repairs and renovations—shall go through a careful procurement process to ensure optimal functionality while minimizing negative health and environmental impacts. The process below should be followed when purchasing a new product or one that has not been reviewed using this process in the last two to five years, depending on risk of toxicity or other negative impacts. 1. Identify product options. Identify at least three product options that would meet the needed function. The following tools/resources can help identify products that minimize negative health and environmental impacts High Performance Buildings Policy Guidance—Nov Revision (11/22/2023) Page 1 of 6 m � 2. Evaluate the relative quality of product options. Assess the relative ability of each product to deliver quality results. 3. E*s|~ste external impacts of product options. w For each product option, review safety data sheet(SDS) and voluntary product declarations. allows you to search for products and see Environmental Product Declarations (EPDs), Health Product Declarations (HPDs), ingredient disclosures, red list compliance, and more. • Evaluate and verify green product claims. See Appendix A for guidance navigating eco|abe|s. 4. Make adecision. w Avoid the use of e d ��substances as recommended by Lexington Board of Health (memo dated March 4, 2018), except when no practical alternative is available. m Prioritize "green list" items (those with verified ecolabels, identified in a green product guide, or sharing favorable product dedarationd. • Make a product decision based on quality, availability, price, ease of use, and environmental and health implications. In order to ensure compliance with this process, the Facilities Department shall issue an annual report that details the list of products that were switched to a more a sustainable or healthy choice.The list shall be included as an appendix in the annual report for the High Performance Building Policy. PEST MANAGEMENT The operation of Town buildings shall comply with an integrated pest management plan that is in line with the LEED Integrated Pest Management Credit (v4 for Building Operations and Maintenance). Any deviations from LEED Requirements shall be reported in the High Performance Buildings Annual Report (e.g. use of gel baits for ants). LEED Requirements Have in place an integrated pest management (IPM) plan for the building and grounds within the project boundary.The |PM plan must include the following elements. w Identification of an IPM team. Identify roles for building management, pest management contractors, maintenance staff, and liaisons with building occupants. w Provisions for identifying and monitoring pests. Specify inspections, pest population monitoring, and a reporting system that allows occupants, maintenance staff, and others to report evidence of pest infestations. m Action thresholds for all pests likely encountered in the building. Also describe a process for modifying action thresholds, if necessary, through active communication between occupants and the |PMteam. w Nonchernical pest preventive measures, either designed into the structure or implemented as part ofpest management activities. High Performance Buildings Policy Guidance—Nov Revision (11/22/2023) Page 2ofG • Pest control methods to be used when action thresholds are exceeded. For each pest, list all potential control methods considered and adopt the lowest-risk options, considering the risks to the applicator, building occupants, and the environment.The plan must preferentially require nonchemical approaches,with pesticides registered for the site applied only if those approaches fail. Give preference to the use of least-risk pesticides based on inherent toxicity and exposure potential. If a pesticide that is not in the least-risk category is selected, document the reason. • A mechanism for documentation of inspection, monitoring, prevention, and control methods and for evaluation of the effectiveness of the IPM plan. Specify the metrics by which performance will be measured, and describe the quality assurance process to evaluate and verify successful implementation of the plan. • A strategy for communications between the IPM team and the building occupants (for schools, faculty and staff). This strategy should include education about the IPM plan, participation in problem solving,feedback mechanisms (e.g., a system for recording pest complaints), and provision for notification of pesticide applications. At a minimum,the facility manager must notify any building occupant or employee who requests it and post a sign at the application site, which must remain in place for 24 hours prior to application. Notifications must include the pesticide name, EPA registration number,treatment location, and date of application. Applications of least-risk pesticides do not require notification. For an emergency application of a pesticide, anyone who requested notice must be notified within 24 hours of the application and be given an explanation of the emergency. In addition to following the LEED guidelines outlined above, the IPM plan should include a process for identifying and addressing the underlying issue that is causing the pest infestation (e.g. fixing a leak that is causing water to pool). LANDSCAPING The operation of Town buildings shall comply with landscaping principles that minimize harmful pesticide and fertilizer use and minimize harmful impacts to air quality, as described below and modeled after SITES v2 Rating System for Sustainable Land Design and Development. Any deviations from these requirements shall be reported in the High Performance Buildings Annual Report. Minimize Pesticide and Fertilizer Use(adapted from SITES O+M: Credit 8.4) INTENT Reduce stress on plants, decrease negative effects on human health, and have the lowest possible negative ecological and environmental impacts by promoting practices based on observation and planning to minimize or eliminate synthetic pesticide and fertilizer use. • Ban all "weed and feed" type fertilizers. • Set and enforce buffer zones where fertilizers and pesticides may not be applied. ■ Buffer zones should be applied around areas such as: - Water bodies,wetlands, and other aquatic ecosystems - Drains, conveyance features, and areas where runoff can directly impact water quality (e.g., near curbs and on sidewalks and driveways) High Performance Buildings Policy Guidance—Nov Revision (11/22/2023) Page 3 of 6 - Human use areas (e.g., playgrounds, seating areas, places of respite,food production areas) ■ Minimum buffer zones should be set at 10 feet (3.05 meters) but may need to be larger depending on local regulations and conditions (e.g., slope, habitat) • Develop safety requirements for proper storage, mixing, labeling, transporting, application, and disposal of fertilizers, pesticides, leftover mixtures, and containers. Refer to appropriate local, state, and federal regulations. • Outline procedures and list contacts for handling accidental spills of pesticides and fertilizers. • Require detailed record keeping for the application of any fertilizers or pesticides, including substance used, concentration, total volume applied, area treated,target species,weather, and environmental conditions. • Communicate policies to all facilities operators, maintenance contractors, and other relevant parties. Protect Air Quality During Landscape Maintenance Comply with Lexin ton I n the Us..., f L n cMaintenance L ui m...,nt. p Y g ............. TREES In order to maintain a healthy tree canopy around buildings that provide cooling, air filtration, and aesthetic benefits, there shall be a regular visual review of all trees within the actively used portion of a building site (surrounding the building, parking lots, and outdoor use areas) during the growing season (June-September). Any signs of stress, dead or dying tree limbs, or other signs of tree ill health shall be reported to the Tree Warden for inspection and action. RESILIENCE LEVELS The Town's Integrated Building Design and Construction Policy defines four Resilience Levels based on building type and the requirements of the building during an emergency.The requirements of these levels may be met by back up generation in the event of power outages.The levels are shown in the table below from the 2023 update of the IBDCP. Any future updates to resilience levels in the IBDCP shall apply to this policy, and therefore should be referred to for the most up to date definitions. Level Resilience Requirements Level 1: Public Safety No interruption of essential services. Level 2:Town Shelter Full electrical and thermal power necessary for life safety,food prep/ refrigeration, lighting, internet connectivity and charging stations. Operational 24/7. Islanded operation maximizing use of on-site solar and storage. Level 3: Continued Operations Full electrical and thermal power necessary for providing healthy conditions during extreme heat/cold conditions, providing lighting, internet connectivity, and plug load charging. Operational during normally occupied hours. Smart load reduction in emergencies, mobile or on-site backup generation to carry load for continued operation. High Performance Buildings Policy Guidance—Nov Revision (11/22/2023) Page 4 of 6 Level 4: Asset Preservation Provide power to hold building temperature, provide light and manage building systems The High Performance Buildings report shall identify the appropriate level to each facility and confirm the building meets the associated resilience requirements, or identify in what ways it is not meeting the requirements. APPENDIX A: ECO-LABEL GUIDANCE With so many eco-labels and certifications, it can be difficult to navigate and prioritize which to value the most. Here is a basic decision-making hierarchy: TIER 11 Use when Single-attribute, Multi-attributec rt'f!cation dogs r��t�xr t for ill TIER 1 is not certifications products. Some of the most commonly used jingle- available,,,,,,,,,,,,, attribute eco-labels include Energytarj GREEN CAR[ andl the biodegradable products Institute's certified cocstable label TIER III—Use with Rating systems Some eco-label programs, such as EPEAT, are caution tiered, rather than pass-fail. TIER IV—Avoid Industry- In some product categories,trade associations of unless well developed Eco- manufacturers have developed their own eco- researched labels labels. These are typically not as strong as independent certifications and have not been verified by a third party. Below are some of the most widely recognized ecolabels along with general resources to help you identify sustainable products. GENERAL: • EPA:The EPA has extensive guidance on r...,c o mm e n d a to o ns o f s �fi i ns s n r s n d e c o I a b....Is to r f....d...,r I ggLghasing for the following categories: cafeteria, construction, custodial, electronics and associated services,grounds/landscaping, machine shop operations, office/furniture. • B U i I d in r.... .....n.: An independent team of editors has compiled more than 100..pLqduct g.gides to show you what's important when selecting building products that avoid negative health impacts. Their n l B s has additional information about .............................................................................. ........... sustainable and healthy building strategies. E C 0 L 0 G .......:A voluntary, multi-attribute, life cycle-based environmental certification that indicates a product has undergone rigorous scientific testing and exhaustive auditing to prove its compliance with stringent, third-party environmental standards. High Performance Buildings Policy Guidance—Nov Revision (11/22/2023) Page 5 of 6 APPLIANCES:��[—The includes appliances, building products, commercial food service equipment, data centers, electronics, heating &cooling, lighting, office equipment,. and water heaters CLEANING PRODUCTS:..G r e e n S..e a I.and —Search for certified products including cleaning tools,floor care, general purpose cleaners, hand care, laundry care, paints, coatings, adhesives, , sanitary paper, and specialty cleaners. Safer Choice has asearchab|e . ELECTRONICS: E P E A""[—Sustainable electronics including computers, monitors, imaging equipment, mobile phones, network equipment,. photovoltaic modules and inverters, servers, televisions WATER-EFFICIENT PRODUCTS:��e r..S e n s e.,—��cl..s..include toilets, shovverheads, faucets, urinals, irrigation controllers, and spray sprinkler bodies WOOD PRODUCTS: —FS[ certifiesvvoodproductsthathave ................................................................................................................................................................... been produced using sustainable forest management techniques. The.W.o a|lows you to search for local vendors that offer FS[certified wood products. High Performance Buildings Policy Guidance—Nov Revision (11/22/2028) Page GofG Ln O O a.. E Val .x E unbz p ca ca ca ca ca Q) C: fu a) co a) m a) m a) m N m +-' Q L w cu w Q) w a) w w w a) O V) 4-' 41 aA O � 2 bb b�0 bA � b.A � bA � bA � p Ln -0 can p _O _O _O _O _O v }' N V c LL V U U U U U c ru Q) U Q) L La. OL H m O m m m 00 _0 L- Q U a--+ V) ate-+ v N 01 �_ •0 a-J U a- c/) Q Q) U 4-J ..c 'c �' L- Q N � a--+ Q V)O J L- v O .O aJ -0 4— � � N N Q) O N fa C U c L L L L L Q N v `� O a, a a a a a �, ro v Q) E +�UO � }' " cn U Z Z Z Z Z J o CL •V U C6 N U w E O oc o ° ~ N c Q _� U U .0 cnLn ate-+ f6 fII Q) U N N N N c� M O O O Q) �' Q) = U ca ca O LU ru U p � �m a) Q) m V + fb O O b�A www U •i }, N DC Q) 3 L r Q ^ a— so LU r14 �4-j GE 4-0 •— 4-1 .0 o O b- N p cn N Q Q Q Q to m E v Q) u E V � C _ E O m 'cn i a--j cn a-�' +� O v 0 N Q) i .U bbD DC ro GJ 4-1 � \101 Q) N 4 0 p \000,a +6 W w ( w � t U w N cn N p E - - O N > � m— -0 �, Ca cu Q °n V •`-' '`-' •- c.� ca �. Ul ao ca O Ul Q c o w w E � cn u w w Z LL w a s E o • • c-I N rl N M Lf) S 00 4-0 Q 0 T-4 rl rl N N N rV N N _ Ln + j o 0 C: N Q f6 cn +, L.L bn L.L 0 O c}i� v S-- 0 E O p p O Ln O cn O O O 4A cn cn m E w `� > N N V Q Q � Q QLn 0 4A c� � 4-j .� Ln O N M 4 . H O Ln — +� ca — ca N O 0 -0 4-J N O O ' O Ln 0 cV 0 +, V v ca Ln cn � C N N N N � -0 � > O v _I_—O `~ 4-' O M X O O v c cn `� 3 v ca O . E E Ln o N v -0 O m LO L.n CAA N W p `—' 0 Ca O N r-j S O ate--+ o (A a� N � (n � � � 0- ca v a a C ° V to vi E E }' +a 0 a o �° Q) ° o Q) Ln � fum O o o°o ri o v L; m +-j r v v � + N c m m O a� Ln vE -0 *5; +� N V (n V +—�+ E ca O 0 ca O � V .� .- � ra ra O ° N Lon r v O E E O + +_' + U U w O w >. 4J Ln 4 N v v V + -C � -0 b-0 Q o N O Ln m • F= r*4 L4-0 o o M M V co ca v E _0 o .0 V Ln Q = J �> i >� N O C +� i • N ° > Lq O U O a°1 a) L U 4-0 Q v z Q iA N iA Cf J V p m ++ aN N O w V W oC w Q Ov .a m •X v }, m rl N rl N M m Q M M M Q Q Q [V M Ln 4J � a--j s p � M U `0 N N Q O NO N N +-+ V bA — bA W � v cn ca .0 — vi a--+ bA •_— N � W � W � W � cn v m Ln cn cn cn sca QaJ W m 2 V E }' � = V = V = V = V � N fp to Q _ '� •� � � Ln N N O H oC V cn Z) O co 0 m 0 m C) co 0 oC J N bA >. i .� cn ca O ra ro � }: •� m � ,� - > a) bA u ro p oc 4� 4� p b.0 Ln I O L ,L �u I ca � ca : s > L.. crj x Ui •v p N x W o N w +° �>, _ N ` Q v I � � 0 x C v ro Q - >, N cNn aA a a a a °; o p O s ra Q ca s a a a a .�, ro }' >% .0 0 i n O v O 'a m M v '2- ca � v � bA 'al-al � _ O O O 00 O 00 0 � O CL p � _ - •� iE v a) _ v ca _ ra a , Ln o No b� ^ v rj p v "' =3 a-+ Q � N ca w a--+ � - Q i = p O Ln N U � ate-+ ru LL 0Ul) U p w O ca O c ru = 0 V) ro GE II N fa fa +� 4-1 -4— ra ca Q Q r-I >. cn O rl m ++ cn N ca v u _ — L cn ca O Ln Mul m Ln � � N p N V � � �> 0 La. 4-, — ca cn O � cn O ca ra > G1 dJ can can 0 NO .O O _0 v I N O � N N ro vLn v, 6 O > _ b�A ? fa (� ca bA N ca s — >, '> s .. ca � }' �, O m 4 ca Q 'i s }' Lao 0 � 0 `n � � � U � s cn 4-al U = i.i � p ca p m +� O >2 }, V G� U M }' � �' ca m V bz v 2 = a LA }' + x u Ln LA m � rl N rn L N 0 (a ca L � _ 00 ate0 -+ t0 �O �6 �O 1-O �6 Q N Q u- Q L, 0 E � � _ Ln fa V; cn -a N O O t�A 0 s C-0 C) LnN a-+ O cn a--' N fa C: N f6 (� a--' Cu un L c W 0 +•' a) ca ca +� = Ln a) O � b0 V 4A +, s � — s ca ca _ -' o +� V c c .U a-+ C N Ln O OV � b� •X � V � Q O E 5O ca 0 cr ca bA +-+ N tbo .— — f� QJ dJ to C: 00 DC Q scz i Q � N L N N O N N � N +- s Q) U +� 4-0 C: Ea--' ~ CO : 1, a1 s _0 �O O E v O m �, -0tu v cn •— +-+ bA � N C: cn N U `nLU Ln — V Ul E *a Lu E E Q) N — N N m J N N ca m .Q �r- L V Ln by CAA N C: ca O N ca ca ca ado s L v 'L 'ca a, O }, N V V CO `� V ca _0 E V N N ca ca 0 N 0 O cn U v v 0 Q +J —O N �' L- O Q =3 4A Q cn O V U fasCL C V CL Ln- QUlU O - -0 Q�b0 a ca O ca -' -0 'a JW E Ln _ OUl C: u u (1) w c m w L-N •=3 -0 O V O V N O 'a cn 0 cn � M MO r14 ._ can � 0 •V N Ln N a- - }, co +�-� E N 0 Ln s fu E+� +� Q J V O 2 s Q ca ._ r-i co v O m V .� i f6 � O +•' C: Ul i N — > O a U >on z 2 0 a c 'O u s + a X : LA b-0 of 'cn V 4-al w �� o J > � ccoc V m rl N M rl rl m w r,.% r< r-z r� oo 00 2 Ln E E _� �, o O v Ln cn cn cn cn O � � N N J N N Ln Ln E ca i L E � ca ca ca O = O cn N a) tw w Ln Ln ~ •— c� cn i +-+ a) w — m Ln W f� i O LL LL O O 0 N � N _cu ca (� f6 i > > O v ca ro L � v S.- i ibjD +� O M aJ v Laa �O '� v v M M a a a v O = V V) cn _ - L CL Ln Q•� N •N V� LL .Q U O cn c6 v ro i L N >, O O +-' O � � ." � i O +J > LI.- CL r O O > O •� O .CA i >, O V O i i tj �+ b.0 ca `0 � O O O Gc1 > M G 4-0O N can 0 � Q � v O GE >. ca '� 0 Q i� E f6 \ m 4-0 N d� U N V O_ m a) +O 'V) C i rr DC 4— O v > 4-0 w ro cc z bn o i ._ M cn a •iu E E u a N •— +-+ � � aA (1) U :-6 mCID o cps 3 a s u m (**4 pp 4-0 Q1 �O O� Val r-i V) a � _ Q N aJ N i 07 a) i Q a) �• •v O v � N v v v O v — o �- 0 o v -TJ o O c6 O N Q4i 0 mj � Uo -J aN+ •a w fU w J i 1 °c E a) m +� +� I` aN a-+ E � cLu N > CL w Li „„r mmnu U N f ra C!A 1 4-0 � r a OEMa_+ M U 4-0 .L fu a) Q Ln 4-1 cc W 4, SZ + � ,� O •� ;i, s +J tn v a i V NI v v a, cc: v o a W a' � Q [-Z v oc Qj E a., o �1 Ln o 11 9j "All 0 o� U p sQj Obi (3) QjQj ~ U O C v � O W � (a LJJ (1) C cn © O Q m 4-0 bz O .v � •� CL X J � 4E t En I"I IM I,'I I I I I I I I I I'-1 IM I w Z z 0 w Z z z 2 I Jz E E E E E E E E E E E E E I E E E I E a 1. A A A A 12 '6 IS�3 E 8 zt A z z Z 7 0 Z ,w N 4-A crs 13J ca � W g p © QJ us. R3 h©i0 Z3 : > u cl: n©. Q 0 C 4-' = `� Q CO - CL p C5 0 `+- V) L- 4-0 N Lj0 i _ O .� 4 C 4-0 CL -0 a s+1 u 0 cz «s © > W O CL OL ) m V' Qj C +' I w C W 'L E 2 Z3 QJ to 40 O F7 ui cli 0 J ss zz ca 0 c�. Ecz _ = ° Z a..r CL 0 ° m v • - ,0 o C c. QL t2 o z3 cu CL cu -C toM �-0 C +' 06 .E_ o QJ �' dA m � c0 2 © s E u w G «3 C s.: � W L.©, 0, . us a1 Z CL a m Q s CL CL 0 0 �u W a W _ v o a) cu CL o C 0 m Qj L2. m +a X w � 4-J p - cz 'L3 m 4 N a' m O Qj cu V) C) Qa �„ m s � N J '� cU rr cco us Cl U3 > Q N Ql •0 J H sz � s.- 0 cs3 �. •�— cey c o oc E 4- a a � m �o u aA 0 0 �u o ago m �- AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Placement of Menorah at Emery Park, 0 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Board Discussion I.3 SUMMARY: Category: B rains to rming As the Board is aware, Emery Park falls under the Town Manager, but there are greater implications about allowing or not allowing certain activities on public property, therefore there is a b ene fit to the Select Board having a discussion on this topic. Town Counsel has advised that by allowing certain activities that all other activities need to be provided equal access. The Town Manager believes the best course of action is to not make any changes at this time of the year, but to commit to having this discussion starting in June when we can consider all of the implications and make a determination on how to move forward in future years. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 7:30pm ATTACHMENTS: Description Type Date: November 28, 2023 To: Lexington Town Manager and Select Board From: Lexington Holiday Lighting Committee Re: Addition of a menorah to the current holiday lighting in Lexington Center Dear Jim, Joe, Suzie, Doug, Jill, and Mark- We are asking that you reconsider your decision regarding the menorah to be placed adjacent to the Christmas tree in Emery Park. A full explanation of timing, location, assemble, and disassemble is on the following page. The menorah, a candelabra that has 9 candles which celebrates a miracle of oil lasting 8 days instead of 1, is part of Hanukah, the Festival of Lights. In this era the menorah has evolved into a secular symbol for this holiday, similar to a dreidel, Hanukah gelt, or potato latkes. Our basis of this request is the Supreme Court case in 1989 of Allegheny County v. ACLU. Our understanding of this case is that a holiday display that is inclusive of all religions is appropriate on public land. The Court held that not all religious displays run afoul of the Establishment Clause, emphasizing that each display must be evaluated as a whole. For example, with regard to a second display featuring a menorah, the justices held that the addition of Christmas trees and other secular holiday decorations rendered it constitutional. According to the Court, the "city's overall display must be understood as conveying the city's secular recognition of different traditions for celebrating the winter-holiday season." Lexington is a diverse community. We are making strides to embrace our diversity into all aspects of our community services, government, and schools. We are a community full of interfaith and multiracial families that live daily among our more traditional families. We could explore an alternative location within Lexington Center on the setback of private land. These options would not truly demonstrate the Town's commitment to inclusivity. Utilizing this type of workaround would falsely represent the Town's position as few people understand the distinction of what is Town property and what is private property in Lexington Center. On November 241" nearly 800 people gathered in Emery Park to welcome Santa to Lexington and start the holiday season. Imagine if we were able to have the opportunity to gather again on a night of Hanukah with a similar crowd. A follow-up request would follow this approval. We feel acceptance of this request would further strengthen the Lexington community that embraces all of our citizens. Sincerely, Jerry Michelson, Justine Wirtanen, & Maija Sawyer Lexington Holiday Lighting Committee 1780 Massachusetts Ave Lexington, MA 02420 781-258-7419 Page 1 of 2 LUX 12 ft. LED Display Menorah Location: Emery Park, 12' to the west of the Christmas tree. Size: 12' tall x 8.5' wide, 60 lbs. Aluminum with silver finish. LED lights that will automatically add a new light every 24 hours. Entire menorah has the abilityto light u with white or blue light. g p g Timing: Request to install 2 days before Hanukah and remove 2 days f g q Y Y � after the conclusion of Hanukah (Dec 5-17, 2023). The first `candle' (LED) is lite the evening of December 7. The last `candle' is lite December 14 (all 9 candles) and will be shut off the evening of December 15. Installation: Volunteers will assemble and install the menorah (Peter Kelley and crew that installed the garland and tree in Emery Park will help). Electric will be pulled from the base of the Christmas tree. If necessary we have our own electrician for any issues (as we do for the current lighting scheme in Emery Park). Disassemble and storage: Volunteers will take down and remove the menorah and any associated materials. Menorah will be storage privately. Cost to the Town: zero. Current Holiday Lighting Program The Holiday Lighting Committee (HLC) works directly with Lexington DPW, Lexington Retailers Association, Lexington Chamber of Commerce, and various volunteers. Private fundraising is done under Lighting Up Lexington. There are 120-200 donors annually. Funds are held by LRA since 2014. All lights are LED (warm white except noted below) and reused annually until end of life. New supplies were needed after streetscape's completion. Feature Install by Funded by I Supplies Funded by 4 tree in Emery Park DPW HLC lights HLC Tree in Emery Park—multi-colored lights Barnard donation 20'tree-Seasons Four donation lights HLC Pole wraps in Emery Park Kelley donation lights/garland HLC Pole wraps on Lanterns (TOB to Meriam St) DPW HLC lights/garland ARPA/HLC Tree on Battle Green—multi-colored lights DPW HLC lights HLC Trees on south side of Mass Ave volunteers donation lights-Shattuck-disc HLC Trees by Muzzey/Mass Marquis donation lights HLC Snowflakes on Muzzey&Waltham DPW HLC snowflake lights HLC Tree by Town Office Building Eisenhauer donation 20'tree-Seasons Four donation lights HLC Star by CVS DPW HLC star ARPA/HLC Lights on south side Mass Ave building Kelley donation lights HLC Wreaths on Mass Ave buildings Kelley donation Wilson Farm -disc HLC Tree at Hastings Park bandstand Boy Scouts donation tree-Seasons Four donation Page 2 of 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Housing Partnership Board Request for Creation of Ad Hoc Property Acquisition/Use Working Group PRESENTER: ITEM NUMBER: Betsey Weiss, HP Vice-Chair; Wendy Manz, HP B Chair 1.4 SUMMARY: Category: Brainstorming Discuss the proposal from the Lexington Housing Partnership Board that the Select Board create an Ad Hoc Property Acquisition/Use Working Group comprising representatives of Town Stakeholders who might have an interest in public uses of property, to advise the Town Manager regarding potential property acquisitions. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 7:45pm ATTACHMENTS: Description Type F) flousing Pailn.ership Fk)ard F'on-nation ofAd Fk.w 13ackup V11"aterial Property Working(.'i(..njp F) T)reis en.tat,io n. Recoi:Tu-y-iien.dation.fior Formation of Ad I 10C PrOperty Working Pr'e I's entcat'i,o n Ch.)LIP Recommendation to the Select Board re: Formation of an Ad Hoc Property Acquisition/Use Working Group The purpose of the proposed Ad Hoc Property Acquisition/Use Working Group ("Working Group") is to advise the Town Manager regarding acquisition or use of property by the Town. The Working Group is not a standing committee and is not subject to the requirements of the Open Meeting Law. The Town Manager will convene the Working Group whenever a gift of land, land purchase, or any other opportunity for the Town to acquire ownership or use of property, including proposed public use of indoor or outdoor space in a private development, arises. The Working Group will consist of one Representative suggested by each of the following town Stakeholders: the Conservation Commission, the Housing Partnership Board, the Recreation Committee, the Historical Commission, and the School Committee. The Town Manager may appoint additional members to the Working Group on an ad hoc basis if he judges that additional input is useful regarding a particular property or use. The Town Manager may designate a Working Group chair. The Town Manager will provide staff support to the Working Group, including engineering, planning, or other department staff as needed. If a Stakeholder Representative determines that the property or use being considered is not suitable or feasible for them, that Representative will so notify the Town Manager in writing and need not attend meetings dealing with that property. The Working Group will discuss potential uses of the property in question. If they reach agreement on the best use(s)of the property, they will provide that recommendation to the Town Manager together with a written explanation in support of their recommendation. If they cannot agree on the best use(s) of the property, they may provide multiple recommendations to the Town Manager with a written explanation for each. Stakeholders wishing to reach out to property holders or private developers with regard to potential uses or acquisitions of property by the Town will notify the Town Manager before doing so, to allow him to convene the Working Group. After informal discussion in the Working Group, a Stakeholder may reach out to a property owner, and, if the response is positive, the Working Group deliberation and recommendation will proceed. No recommendation will be made to the Town Manager or other Town entities prior to discussion and submission of a recommendation by the Working Group. Upon receiving a written recommendation from the Working Group, the Town Manager will present the recommendation to the Select Board for its consideration. L m O 0 4==J (1) Q)0 V) M CD 4==J 4==J 4==J � N . O m 61111111111111111111 (3) 4==J E n m 0 0 k, � u E O O u (1) �C 1 ro � � V N QL4F) F- CD� Ln � � p 0 bD U 4-j =3 (n U o ca 70 4-1 ro E 4-j 0 0 -0 o 4-j V) C (1) j 0 C: a� -I-j 0 QJ E E 4� O � o ° � � o � ° Un C: — W u 0 Ln U 4- 0 E 0 0 0. Ln 0 '0 0. Ln U Ln 0> 4-j x (A c ro w 0 0 L) U U 0 F-- 4-J 0. un 04-j+J O 0 c6 O � 0 0 0 � 0 O O Jc: 6 N 0 O i � q��p O CL 70 0 C: 0 Jc: a) 0 Jc: > 4-j 0 0 0 c: 'c: v) E u=3 O � � � p o w, E 97 mmo u ro � 0 .0 0 Ln C: 0 ro CL u 4- @� M a% 0 E k w �o C: Jc: E 0 U 0 (D +-j C: >a ro -C: u a) o o c: uI ro G� � (6 •> (A %4- SOU -04. N Ln C: I" 4-J Cu bD 2i 0 4-J 4-J (D .0 >% 0 0 (on ro ro Ln C: E 4-1 0 E p\*100 o Jc: }' � E -0.0 o U o Q) 0 � � �,� +, � c °o �A O -0 b0 ul0 O _ � _� O O Q u Q Q .O Cep a � °�Q, 4-' O � cn V 4 0 j .O -0 u r •— > 0 > ._ O +� ,v cn o O •— Q � O E c: 0 u o C: 4-j O O 0L >, __ Ca � S j Q� buo 0— +� � � }, �+-j 0 > c O •— ,� 0 Q -I-J ca (1) •— O - cn O + O — O O ca 3C: s ,ca N > cn m V 0L =3 E !E 0 Ln a) —0 co W L cn � cri (n � +� E L > � v� Q� 00 0V) - •— S V O � a--� S �n 0 co +-) O — J Cl bD ca Q) -0 � to V) CL 4) •— Q C6 0- — •V � _0 Q O ._ O0 > - O O `� +-' � Q) +� -0 -C 0 O s ~ O O +- +� 0 Q 0 s C L.� � V Q +-J Ca — cn M L 0 Ca C- •- _ �' C6 0 O >� 0 •— O � Ln0 E cn 0•— 0 0 -0 -0 V Ln 0 07 4- � C 0 Q) ca C 0 0 0 CL � '7 cn _p `� � 1� V V) > to O ._ V) °' > 0a) -P 3: E n +j Q) fu 4-j > o W O .o • �L -0 r nL 0 cry 0 W Q) V � W L •- (� CTQ, a-- 4 0 o cn IL C: Q) u 0 0 0 C- 4-j C 0 0 Q) Q� a� .> U QL 0 4-J 0 W 4—j C: 0 � O 0 0L 00 a-- � 0 .—` a) 4--j � o ago Q o V O }' 0 o o o •- �J o to L — 0 0un C: 0 ._ a-J4 •— = - b0 p ca Ln — -0 '— V a) •— 0 � a)V) s 0 �' _0 c p _0 0 C� cn •cn � ca �, � � c6 Ln _ -0 c D .— c (3) oo a) 0 ul 0 E o •— > Ul O � ul V w 0 0 0 ° — L ca Q 0 z L O COL/) 4--) 4-J C- N U Q .2) 0 (D —o � o 4-j Loo 4—j 1.2 O �E � L T O� 0 (In U O % N U 4--J 0 C— -1-i o 0 %ft c— U o 4-0 or LL Z E 0 qA U 2! a) C N O N b-/ M,S� O +-+ ro � O OU W + .— m E a--j E 1 c6E �� O E 2E cN O E v 0 � WU � -0 -00 C0 � 00 � �, O•— .O s w = �A u c 6 0 +1 Q) � a� ° � O (U �-�e m." U O cn `n -0 Q cn DC O +-' (L)EUbuo-O'D " � � buo 04J - •/-n a— " C: E w .0 E o-E (� E +� 0 � p� Up -0 � O �U 0 QU . E 00 caW — O � o N -0 � O W,cn W.O N 1 >%= +1 0 m E 4— N U p ow >,� ' E � O Qcn � � �, � 04� � •>U • a-E fu 0 LL c6 •— cn E a..E - �— � c� U p +-j " -0 � Lu O w E ca +� O E 0 c6 0 cry ° °p =� �o E " O aJ > w u �� .� 00 co �-0 4 U � U'— o U � � — o a) •— a . ° Ln 00 W:t +-i Ln E +-j C V) wo E � o, uw 0.— cz 0 m �C- � c- L� � � 0 _0 C: u a--j i � � 0�U0 � W ,0W � OOcn o N m� c6 � W � > Q) O .— C- = ��•v � t�0 � � 4� (n -C L � � O WEN c: ,}' EN.� � C� Jc: Ln 0 0 00-0 -0 u +-j W roU +� n > >'r � c6 iQ) "a a) Ln >, UE �nwc6 �, E O aLn Jc: --+ CL taA� (31 +� 0 0 � cn �!E � •O +, i CO—-o a) UN i o U � E m- 0E W 00 � a� a� a� > CO = a� +� > �-0 m � a� 0 ass � �4— C6 C6 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Request for Creation of Study Committee to Investigate the Establishment of a Town Committee to Advise the Police Department PRESENTER:TER• ITEM S NUMBER: Tom S hip le, Requester I.5 SUMMARY: Category: Informing Attached please find the presentation that Tom S hip le will be presenting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 8:05pm ATTACHMENTS: Description Type TO: Lexington Select Board, Lexington Town Manager FROM: Lexington Residents Reimagining Public Safety DATE: November 2023 RE: Study Committee for Police Advisory Board This is a request to have the Select Board consider the creation of a study committee to establish a Town committee to advise the Police Department. The overarching goal of an advisory committee is to increase and maintain trust between the PD and Town residents. Broadly speaking, we envision that such a committee would analyze policing data to better understand policing operations, would review police policies and procedures and make recommendations, and would serve as an interface between the community and the PD to provide feedback from the community to the PD, as well as publicize the work of the PD to the community. Advisory committees, often referred to as community advisory boards (CAB), are considered a best practice by the International Association of Police Chiefs. Other towns and cities in Massachusetts have such a committee, notably our neighbor Arlington. In addition, the report on community feedback on policing that Select Board members Lucente and Pato published in October 2021 notes that several respondents "discussed the need for more transparency within the PD, particularly around data collection, dissemination, and responses to incidents," and "recommended the creation of some form of an independent public oversight board to improve transparency and accountability." An advisory committee meets these needs. Finally, we think the creation of an advisory committee is in keeping with our structure of Town governance where several Town departments have associated committees that they work with. Attached are the following documents: • Slide deck to present to the Select Board • Study committee sample charter • Summary of Arlington Process to Create a CAB • Summary of Lexington traffic stop data analysis • Pertinent excerpts from NACOLE's definition of meaningful civilian oversight • Selected literature on community advisory boards Regards, Lexington Residents Reimagining Public Safety Sarah Higginbotham Dan Joyner Valerie Overton Alexis Porras Tom Shiple �1 m Q U � co L � V L cuco � L � o •c O v � co cn Q O � cn 0 (1) co CY) � X O cucn o J cocn 0 c � o 0 U o � C: C:) O N 0 1:EMU — U No O0 momommmmu com mmo co C: Coil: 0 SEEN clImmom =3EINEWO Q �+ CO cop aI � C;) x E CU cn U) U) o 0 co (L) NINO TWEEME %olumull 0 mummoms NO co C) C/) E CL N 0 0 0 co 'o mmmm G� c cn I= � U � � C: o ofmom =3 C: CEM 0 > 1= C: C= C:;) C: 0 0 mmomm EM=N 0 mmomm EM=N >% INN 11 NMI ONO 0 a) EEMMM) Cc mmo co co ca co C/) > 4 0 INN INN NMI 1 :3 x 0 0 0 0 LL J OC 0 0 �--+ (\ . U � m ca �, L • � O �--+ • � Q � � U J � O c� cn co co 00 co 0 J � � OC;) LM ox C'u C: � U N � O a � O J L 0 o Q >N cn O � cn 0 � > � L � O O coco � Q � U co 4�J 0> 0 co cu vj C/) C/) 0 E =0 (1) E > E E %+� =0 0) 0 E 0 0 cu U) 0 0 0 cn (M) � O cn Q 0 N � co Q U � mo co co co � � N E cn U C: so cu co OEM > co CO co cu U U U C L Q � cn C� J coU) L=M CD cu 0 O LM 0 cu W L >% 3: cn LM OQ .L 0 co *� 0 Co Q � L C +=j co co CO O O O O 0 V � 0 L L� Cn 0 0 •- Co LAM ONE= %mm 0 \\\ 4� O � V � 4� O O U > O >� U L •— O � O � O O co C: 0 ��oui�uuuuiuiui�ui�lllpj •— G1 cu +Mj I »is�ti»»��uuuio�� Cn G1 u 0 o ollilliEl cu0 ��1��iiiuiiiuuuuiiini O0) i�u��llllluuuuuuuuuuuuuuuuuuuuuuu O >*t O NONE= 0 0 •- o�� iiuupl uui��llll�uuuuuuuuuuuuuuuuuuuuuui \��iiiiiii�iiuuiuuiuuuuuuuuuuuuuuuuuuuuu 1111p�1��a� •- uuuuuuuuuuuuui��lll�uuuuuuuuuuuu �� uuuuuuuuuuuu�� ui� ��ii�� ouuioii iiiiouuui�p�Boa �IIIIIIIII \� OV uui uuuuuuuuuuuuuuuoio�ll�l�' V � 0 � • �--+ Q U ca V O C y L 3 c LM LM LM Q � V 4-0 v1 N LM E Co ,&gloom= CU 0 LM N � N M +�' � y O c 0 LM � a�i E0 o 0 CL cn 0 i o cn o c r 0 0 co E 6� L0 0 � a a cn %� 0 0 'a73 co LM LM *00 =1 N 0) > M4 MEIN= o ::l;% cL 0 0 c CO = V� � cn t L cn=0 +=j r (n Lm LM Co E 0 rL L 0 � Q) C y � E C (1) cm) co C) y � CO0 OEM cn > CO =3 � O ` � C MEIN= om 0 w cn co co co Co C/) Q o � °0 0 a� cn =3 C Ucn LM C/) CO 0 0 O +=a CD '0 U) 0 C C C) X M C) N%Wmoole cn N O � p) � CYN 00 Lm r� C:) L Q C'u A CO 0 3: 0 0 cj N (1) Co CO v+ (a CO O O '0 L W C/) 0 � ate+ :3 i N � � O N Op O � O co :Lop!, *C/) co > x • L 0 CIO � co C/) ca C/) C: 0 C/) co � � o co C) co co co mmmomm co U) cn CIO ONE= co ca c�umo U) ,U C (� U0.0 co Oman 0 0 Mac .� o co CO) V� Lm C:j o a) c cry CL ' C�L � �jo o O � L co O J QC' Q Co 0 • N +=a son= mo E *0 w E *ME= 0 1 > ��Jjlll 1) � L >, O Q � VE am cn cn is E %+M= > 0 mo 0 cn co V E Q p+=a cn U 0 0 0 OE co w co Lm son= CD E > CDto > 0 m S V� .= z m Q o 0 0 o p � Q L 0 L� L� W DC ca m Q U E +=# w 13) %fw� E oftQ 10 CO 0 L Ap 0 cnNONE= Q) *left O o � � � o a � coQ) Q) o a mo C) c 0 kf�m (a) (D co 400� o moo UD 0 Q�w R% a) 0Q) *""loom EE 0 � a MEIN= 4ftmo C�L Q) 0 > 0 u +=a 4�j 0 co Q) om 0 co CL �o ID co coN o �0 OEM cu C: 0 cn 0 � .a. 3: O0 Nano CO0 OEM CL J W MEIN= CIO 0 �j p 0 co L O C/) 0 LM co cm) CD ry >*% = cn J i U 1= '0 %mm CO '0 0 G� o 00 cn O U Co Co O co CU >o LM cn ONE= co C: 0 � � co �, � c co C � � 0 - O E � 0 0 %*�m 0 co C/) O cn �NONE= co � m � o 0 0 co Co 4�0 CJCI ry O U cn C/) w OZ$ co v c°n ONE= +Mj Co C'u (1) Co (.D �o 4. L. � O � o o o � � � U L W O U U � m O V DC U w � � J J co �0 0 *CO Q � LM E co L O a o � = CU � V0 OEM O 0 CO V Ecn � cv 0 cn cn C: cn Q � � � c m cui x CIO c O Q J w z LLl U Q N L LL L MEIN= co 0 0 co co 0 'co N pCL � a� LM > CT L (V G� co � C)C: o � ONE= E 0 co C cn co UCO � � t N O � coo E W E V a, v� � E 0 cn 0 E > 0 E > 0 aA Cc) Z W0 0 0 a Q Q Q V � co cn Oil O L0 � U Q N a � N cu � Y OCoL i cacn LM 0 � Q � U C;)0 co � Co N 40M 0U) Q c� p p� � U Co Co O xC/) C/) so CO (n (3) Co C.) Sample Charter for: POLICE COMMUNITY ADVISORY BOARD STUDY COMMITTEE Members: nine voting members and two non-voting members Appointed by: Select Board Length of Term: One and a half years or until completion and filing report with the Select Board. Meeting Times: As determined by the committee. A minimum of three meetings to solicit public comment and input to be held at times geared to maximize community participation. Committee composition: The committee will have nine voting members and two non-voting members represented by the Chief Equity Officer and a designee of the Lexington Police Department. The Select Board will appoint three members directly as well as one person nominated by each of the following: 1. Lexington Human Rights Committee; 2. Commission on Disability; 3. Youth Commission; 4. Council on Aging; 5. Housing Partnership Board; and 6. Vision for Lexington Committee Nominations from groups need not be members of those groups. The members should reflect racial/ethnic and other forms of diversity. Committee Mission/Charge: The study committee shall consider the creation of a standing board to advise the Lexington Police Department. The range of activities for the board that the committee may consider include, but are not limited to, a) the review of LPD policies and procedures and recommending changes to such policies and procedures, b) the analysis of anonymized police data, and c) the creation of a mechanism to receive complaints and commendations for LPD police officers and the Department as a whole. The committee should not consider activities for the board that include a) investigatory powers, b) setting of policy and procedures, nor c) reviewing of internal affairs. The committee shall issue a report to the Select Board with a recommendation to a) not create an advisory board, or b) create an advisory board, with a suggested charter. In developing a recommendation, the committee should study established advisory boards in Massachusetts and elsewhere in the United States, and consult the literature on advisory boards from police advocacy organizations, academia, and non-profit criminal justice organizations. 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. Summary of Arlington Process to Create a CAB In 2022, the Town Meeting of Arlington approved the establishment of the Civil Police Advisory Commission (ACPAC).This decision was the result of a study conducted by a committee formed during a special town meeting in 2020.The committee identified a need for an intermediary body to facilitate communication and feedback between the Arlington Police Department and the towns residents, despite the department's existing professionalism and proactive measures.The ACPAC comprises representatives nominated from various town entities, including the Human Rights Commission,the LGBTQIA+Commission, the Disability Commission,the Board of Youth Services, the Diversity Task Group, the Council on Aging, and a tenants association. The year-long study that led to the formation of the commission revealed several key issues, including but not limited to: • A certain level of reluctance and confusion was observed among some residents regarding the process of filing police complaints or commendations, particularly when anonymity was desired. • Despite a generally positive disposition towards the police, residents expressed a need for improvement in the area of"trust". • Existing mechanisms for providing constructive feedback to the police department were deemed unsatisfactory. Some residents cited a sense of intimidation, albeit not overt or threatening, as a deterrent to voicing their concerns. The commission, as established, addresses these issues by serving as an advisor to the general public, the police department, and the town government on matters of policing, offering a civilian perspective. This is achieved by establishing a transparent process for community members to submit commendations and complaints about the police department.The commission takes on the responsibility of educating the community about this process, providing oversight, and striving for continuous improvement. It supports the police department with data analysis and offers feedback on the department's quality and effectiveness in its interactions with the public.The commission conducts regular reviews of policies and procedures, benchmarking them against the latest research studies. Ultimately, it serves as a robust community partner and a hub for promoting ideas and practical feedback, fulfilling a need identified by the town of Arlington. The model adopted by Arlington serves as a valuable example for Lexington in several respects. Both towns have police departments that are accredited by the Massachusetts Police Accreditation Commission (MPAC) and are members of the North Eastern Massachusetts Law Enforcement Council. The Lexington Police Department, like its Arlington counterpart, is proactive. For example, in response to public discourse on policing, both departments have aligned their practices with the "8 Can't Wait" initiative, a nationally recognized grassroots campaign advocating for a civilian-centered approach to improve policing. Regular community outreach programs are a common feature of both departments. However, despite these proactive measures,Arlington found it beneficial to establish a community-based advisory commission to address potential communication gaps between residents and the police department. This suggests that Lexington could also benefit from such a commission. Materials from Arlington, in chronological order: 1. Study Committee warrant article, November 2020 a. r i .I i I 2. Charter of Study Committee -' 3. Interim report of Study Committee, August 2021 a. hhjjpL.Lwww.a 723421627 0000 4. Final report of Study Committee, April 2022 a. b. Contains letters of endorsement from APD Chief Julie Flaherty and from DE| Director Jill H arvey 5. Town Meeting warrant article,April 2O22 _ -ii-committees-and-commissionsL-fsiteid-l_?IoadinE,mode.=PreviewContent#Al6 b. Select Board Report hjj2Z.,Lwww.a 78554371 .. 71776575 c. LGBTQ|A+ Rainbow Commission Endorsement i hU2s.-ZZwww.a 78641864 17306083 d. Diversity Task Group Endorsement Lexington Residents Reimagining Public Safety, November 2023 Summary of Traffic Stop Data Analysis We analyzed traffic stop data provided by the Lexington Police Department that cover the years 2019-2022 and totals nearly 8,000 stops. In particular, we looked at the rate of traffic stops of Lexington residents broken down by gender and race. We also studied the rate of written warnings over all traffic stops, again broken down by gender and race. In these instances we identified statistically significant differences, but the data alone don't indicate the reasons for these differences. We feel these data merit deeper analysis and thoughtful discussion by a Town-appointed committee containing representatives of the community and the LPD. Beyond analyzing and discussing this data set, such a committee could be tasked with analyzing data on other elements of policing, with the goal of improving and maintaining trust between the community and the LPD. The USA Today Network recently published a series of articles on traffic stop data in Massachusetts. The following article and video provide a good overview of the series. • ht s-//ww massachusgjjazpgjjggz[qgjal • biin.ht s-//ww ewashed-cgp2zggd-times-w From the National Association for Civilian Oversight of Law Enforcement (NACOLE) What is meaningful civilian oversight? A FIRST STEP Oversight is an important first step toward police accountability and transparency in our communities. PROACTIVE • Can include independent analysis of police data related to Use of Force, Stop-and-Frisk, or other procedures; review of policies; proposals to address systemic issues; and more. INDEPENDENT • Must be independent authorities, not subsidiaries of the police departments they oversee. • Must be independent from political processes. • Must have independence of voice. Oversight should not keep secrets for law enforcement. INDIVIDUALIZED • For each locality based on specific needs of the community. • This requires broad (not prescriptive) enabling legislation for each municipality to establish a structure that meets their unique needs. COMMUNITY-DRIVEN • Oversight should be conducted—in part or in whole—by the people most impacted by policing in their communities. TRANSPARENT • All meetings and reports should be public and all operations should be transparent. Source: https://www.nacole.orq/community oversigh aves_the_road to golice accountabilitX Community Advisory Board Literature Overview of . Policing Project, N~/U; January 2D21 Com Policing Project, N\/U; January 2020 Prom CommLn&-Adyia��, kACP (International Association of Chiefs of Police); Mey2O19 Practices In Modern |/\CP (Inhemmationa| Association of Chiefs ofPo|ioe); 2O18 Civilian Ove ths and Weaknesses of Various Models NACOLE (National Association for Civilian Oversight of Law Enforcement); September 2016 Civilian Ove N/\C<]LE (National Association for Civilian Oversight of Lovv Enforcement); Septambar2O16 Guidebook for th N/\COLE (National Association for Civilian Oversight ofLaw Enforcement); 2018 . |ACp (International Association of Chiefs of Police), from Police Chief Magazine \' Ootober2O15 '. The President's Task Force On 218t Century Policing, Office of Community [)heDh3d Policing Servioao, Final Report of The President's Task Force on 21st Century Policing; 2015 1' l; i f 177S � rf„ 10 hoir t Wn exi r APRI Police Depart, ent t MEMORANDUM 4`0 Lexington Select Board & James Ma11 y, Town Manager From: Michael A. McLean, Chief of Police SuN t Response to the Pr l, for a Citizens Advisory Board (CAB) Dat � December 31, 2023 Dear Members,of the Select Board and Town Manager, I , writing regarding the p�roposal for a study c r i ittee for Citizens Ad i r ; Board (CAB) for the 11-1.exington, Policertine t. While I re�spect the comj: .tin t '"s involvement and in.tent beliind this proposal., after careful cons ideratlon,, the department his decided not to support this request at this time. I wonld, like t 1 reinforce nr departinent's coniniftment to cornt'nunity engagenie nt nid address some of the concerns raised by a proposed CAB. . Our departi-nent's commitment to corn,munity engagement and transparency is unwavering. We actively, engage . Lys'With CUltUr l andaffinitytl variouss nity rO . t "coffee f chats," � conductt �ti groups,, reflecting rir dedication't building trust and,enhancing police-community, relations. We have eg g to document and,track all of our conimunity enga,gernent events through our records inana nl nt syst i . It has been suggested that,a CAB, could east willi these gTOLIPS, instead ofthe Not ice Clii.et to save bins. , centralized d coininuti,ication approach through CAB inightinadvertently din.ii,nlsh the direct relationships tli. t have been.cultivated over thn.e. . Established Channels " r Communication and Oversight: The ingt n Police Departinent is actively involved in several coniinunitly boards and,conitnitteeS, ensuring direct communication and interaction with the oinmunity. These include: 0 Collaborative Refonn Group Commission on Disability CORIML1111ty Crisis Interventlon Team, (CCIT) Development R ig I:eam I,c ingt n Center Coinn ittee L 'Youth Comm"' Transportation Safety err " This nvolven ent ensures that we have a compreliensive approach, to addressing,conin-itinity concernsand are held accountable through multiple ]mars f oversight. 3. Transparency and data Sharing: Transparency is a cornerstone of our operations. We share detailed policies, procedures, and statistics on our u ebs t , includilig publie :all and arrest logs,traffic arrest,data, and, al c of force t fisfic&, to maintain openness and accountability to the con,ir u.rsunily. In the spirit ofcollaboratioill, nietInbers of the department inet fitly proponents orent f the CAB on nuinerOLIS,occasionsto shire l� ri-at on and di g, department policy: aild procedures a well as motor hid stop dataand, information. v 1'575 Nlasseichu.sem Aven e, Laxingtoti, AIA a 863-1,291 ........ _.....m ��. .. a._�..�. .. ....... mm t f. 1 Nationally Recognized Policing Standards: Our practices t lign with nationally recognized standards, and We Undergo re rrl r evaluations to niair t it M ccreditatr n. he introduction of a CAB without specific,expertise in these areas,miglit,result 111 illisalicyned recornmendati.ons.that may not align with.our current protessioiial standards,. F 5. Con p r+ h rr ive Oversight and PolicyReview: The .,exrn t r Police I e artrfl. nt operates under strut oversight by variOUs bodies, including,,the Town Manager, the Select Board,and M'assacllUsetts Peace Officer St nd, r . and T"rainin (POST)Comm.ission.through the police Reform Act of 2,020. Tile Lexington. Police Department became the 1,7th Accredited Potice p rtrir+ tlt in Massachusetts in 2015. Orrr 0111 III itr ierit to best practices in policing is,evird ryed by it adherence to the standards set by the Massl(achusetts PoliceAccreditation Commission n the l l . c hUsettPolice Training Committee. The suggestion that a CABcould review nd recommend policies is well-intentirOnedl but overlooks t h � speciattzed and accredited nature of OUr i sting,policy re rew processes. J 6. Continued Commitment to Community Need We aredevoted to continuing out.-engagement efforts, h ri.r'r g relevarit Plata, a 1 onsulting,the comm unity on their preferences. As an accredited agency, w lm llow the lest practices in policy and procedure. With OST' st .l li,sh ent, our department has been rrl jected to an unpt-ecedented level of oversight and,aceou nta rlit . While we agree with the n r. unit " desire for data sharing, improved ommunic tion, and stronger relationships, we believe that the establishnient of a,CAB iS unnecessary for these objectives to be realized., Our current practices and collaborations ar niore than capable of addressing these goals., Concerns About ResourceAllocation and Redundancy: The t bli hme t of a CAB risks u li atin 1.117 existii1g,efforts and couldlead to inefficient use resources. Webelieve these resources coul letter utilized, in. nh n inn our direct c: nin-it r ity policing initiatives. 1 . Potential IrMpact on Police `I r rl and Operational tional Autonomy,*. `Tile oversight is crucial, it is also essential to maintain a balancethat supports our officers iri making informed e ision ,,, Excessive ry external scrutiny could potentially affect police morale d the department's ability to operate atitonornously. 1� 9. Legal and Confide nti ity Issues: The Involvement of a CAB in reviewing sensitive police i'llatters Couldpeas legal d, coill r ti ,lity challenges, which are crLiCial to our operation's integrity. in closing, the ,exr gt n Police 1 partn r-it remains deda .ted to expanding our current conitnunity ngag inent efforts. We believe this l'pr chl rather thati the establishment of a new advisory board, will al ore fe tively rrreet the mrnrrr it ' needs,. . "['hank YOU for your cons ideration. Michael .A. McLean Chiel`of Police Lexington police 1� epailr nie rrt L t M 1775 Town o Lexington m � Commission on Disability �iNr PISS Victoria Buckley, Chair To: Select Board From: Collaborative Reform RE: Proposal to form study group for a Community Advisory Board Date: December 2, 2023 The Commission on Disability(CoD) created a subcommittee with the Human Rights Committee (HRC)at its March 2022 meeting called Collaborative Reform (CR). This subcommittee was formed to bring together residents, municipal/school staff and committees to review policies and procedures of various services to make sure there is equity and accountability for our citizens with disabilities. The group believes that collaboration and communication are key to: strengthening relationships within and between town departments and the community; expanding proactive education and engagement while promoting diversity, equity and inclusion. Collaborative Reform has collaborated with the Lexington Police Department and other Town services and has been able to establish regular and open communications. Please refer to attached document for more information about Collaborative Reform. A separate group called Lexington Residents Reimagining Public Safety is proposing that the Town set up a study committee to look at creating a Community Advisory Board (CAB)for the Lexington Police Department. The Commission on Disability, the Human Rights Committee and Collaborative Reform have reviewed this proposal and do not support the proposal for the following reasons: • A CAB is not needed at this time as LPD has demonstrated open transparency in communication and willingness to be visible to the community. • The purpose of a CAB to address certain concerns should instead be brought to existing committees whose charges deal directly with these issues. HRC and CoD are the more appropriate channels. • The Town does not need another study or committee. • This proposal needs more mutual discussions with groups already in place in oder for the process to be more collaborative. • LPD does not endorse this proposal. We encourage the Select Board to carefully consider these concerns and objections to the proposal to form a study committee concerning the creation of a CAB. Victoria Buckley Chair, Commission on Disability Christina Lin Chair, Human Rights Committee 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 ATTACHMENT - Report of the Collaborative Reform Working Group March 2022 to May 2023 Introduction: The Commission on Disability created a working group with the Human Rights Committee at its March 2022 meeting called Collaborative Reform Working Group. This working group was formed to bring together residents, municipal/school staff and committees to review policies and procedures of various services to make sure there is equity and accountability for our citizens with disabilities. The group's initial formation was in response to an incident in February 2022 involving the police shooting of a resident with mental health challenges. Upon reflection the group decided to take a holistic and expansive look beyond the incident in order to: strengthen relationships within and between town departments and the community; expand proactive education and engagement while promoting diversity, equity and inclusion. The group has held 15 monthly meetings between March 2022 and May 2023. The membership consists of: Human Services Department Leadership — Melissa Interess, Director of Human Services; Police Department Leadership — Michael McLean, Chief of Police; Chief Equity Officer— Martha Duffield at first; Human Rights Committee (2) — Mona Roy, Stephanie Hsu; Commission on Disability (3) — Victoria Buckley, Shaun Grady, Francine Stieglitz; Select Board (1) — originally Joe Pato and now Mark Sandeen. Several community residents attend regularly, Tom Shiple and Valerie Overton Start-up Meetings Initial meeting discussions centered around defining goals and purpose. A collaborative statement of purpose was written: • To advocate for persons with disabilities by bringing together community members, municipal/school staff and committees to collaborate by evaluating and refining current policies and procedures involving safety, emergency response, pre/post-vention and service delivery with a commitment to accountability and transparency. The original goals of the group were to: • Recommend reforms and/or changes to current organizational and/or oversight structures; • Make recommendations about how to design inclusive responses to emergency situations that take into account multiple marginalized identities; • Collaborate with other organizations and Town departments in addressing conflict through consultation and mediation with the parties involved. Several tasks were defined to reach the goals: • Holding open community forums to promote robust community involvement and also inviting public comment at each meeting; • Collecting relevant data from other communities; • Studying the complex issues related to delivering town services equitably; • Exploring, examining and evaluating different response models to behavioral concerns, as appropriate; • Promoting community education and collaboration with municipal/school staff. The group focused first on what Lexington has. Police Chief McLean shared the training for his department for dealing with mental health: Crisis Intervention Training (CIT) for 40 hours and then annually, Mental Health First Aid 8 hours. He said that his department works with the Jail Diversion Program (JDP) through the Concord Court provided by Eliot Community Human Services through a MOU with the town, initially (as of August 2022) two clinicians for 6 towns. Special officers such as the School Resource Officer (SRO) have duties to deal with students with and without specific disabilities. The group talked about having a social worker embedded in the police department to assist, collaborate, provide follow-up and augment services to people with disabilities, especially mental health concerns. The group decided to research and identify what other towns are doing. A set of questions was generated to ask other towns about their services, with questions such as do you have a co-response model, what is police training like, how are mental health services delivered. (Please refer to appendix for more questions.) Discussions with Other Towns Most other towns started out with JDP clinicians and then expanded to clinicians embedded within the police department. • Wakefield — Jennifer Waczkowski is the Clinical Coordinator of Jail Diversion. She works 40 hours per week in a co-response model with ride-alongs to de- escalate, prevent arrests when possible and collaborate. She works closely with 3 SRO's and Human Services. Her duties have expanded far beyond jail diversion to emergency community services. Her salary is subcontracted through the crisis team to the police department. • Wilmington — Samantha (Rief) Cavanaugh is in 6t" year working in a hybrid model of co-response and follow-up. She also works with a recovery coach and a therapy dog. The services were originally perceived as being more substance abuse-related but are now seen as mental health-related. Her position was originally provided through a DMH grant funding for 2 years and then became town-funded. Samantha emphasized the need for some evening hours and works three days 8-4 and 2 days 2-10. She started her onboarding by attending police roll calls. She noted a sharp increase in the last 2 years in depression, alcohol abuse and anxiety in cases she sees. • Arlington — Christina Valeri works in a co-response model and collaborates with a recovery coach Thomas Caccavaro. She noted 700 calls in an 11-month period. Her position is funded by a DMH grant. She emphasized the need to do ride- alongs while onboarding. Christina said that an important part of her job is follow- up for clinical needs and providing resources. She makes regular wellbeing checks at group homes in the town. • Watertown — Melissa Duarte spoke to group with Lt. Daniel Unsworth and Kallie Montagano from Advocates. Watertown has two clinicians originally paid through an Advocates grant scheduled 3-11 every day of the week. The city now pays Advocates quarterly for the services. They would like to add in a recovery coach. The clinicians do 12 weeks of field training with police ride-alongs. This is a co- response model with full integration, collaboration and problem-solving. Melissa sees her role as diverting from hospitals whenever possible. The city has seen a need to address the opioid crisis due to increase in overdoses (1 in 2014, 9 in 2015) 11 in 2017; then 182 in the last quarter, with 33 last July and 74 in August). Information about Lexington Resources The group worked on understanding some of Lexington's resources through discussions with Chief McLean and several officers. • The JDP clinician was covering 6 towns but is now Caitlin Fisher is a full-time clinician covering 3 towns (Bedford, Lexington, Lincoln). • An embedded full-time clinician would be helpful in de-escalation, ride-alongs, issuing Section 12's (involuntary emergency psychiatric evaluations, domestic scenes. • Human Services gets 2-3 referrals for service a week from the police. • Lexington only has 1 SRO for over 7000 students. Det. Kristina Hankins says her goal as SRO is to make a bridge to the schools. She focuses on truancy, substance abuse and providing resources. Kristina says she is reactive due to large caseload but wants to become more proactive. She is involved in a three- month process with C4RJ (Communities for Restorative Justice). • There is a CCIT (Community Crisis Intervention Team) with representatives from the schools, police department, fire department and human services. • Michelle Ciccolo was able to get a 2-year grant for Lexington for $75,000. Summary and Future Needs for Group The Collaborative Reform Group has benefitted from good collaboration and open discussion of issues. The next steps will be: • to become a formal sub-committee under the Commission for Disability so that meetings can become posted and more accessible to the public • to fully support getting a full-time clinician embedded in the police department and to research funding for this valuable initiative • to design and implement a community conversation about mental health needs (possibly in September) • to continue to identify issues impacting equitable services to people with diverse issues o to meet with the School Committee to understand the needs of their community and the resources needed to support o to learn more about CCIT o to meet with Fire Department Chief o to review LPD policies and procedures when interacting with people with disabilities o to obtain all data around mental health calls o to meet with Caitlin Fisher regarding the scope of her job o to review the data and outcomes on mental health services in Lexington • create a table of town/city services • to provide a training in cultural competency Drafted by: Victoria Buckley, June 10, 2023 second draft reviewed on 6/13/23 by Collaborative Reform Working Group Appendix: Questions to other towns General • How large is your municipality? • How are mental health needs addressed in your municipality? • What is the system in place for providing emergency mental health services? • How are mental health services integrated with other town services? • Are there crisis services or social services that serve those with mental health needs? Police department • What are your current training programs for police? • Do you use CIT(Crisis Intervention Training)? • Are police officers trained in Mental Health First Aid (MHFA)? • Is Implicit Bias training available? Operational • If mental health services are integrated with the police department(PD), are there dedicated social workers located within the PD? • What are the salaries and hours? • Do you have a co-response grant or model? • If you have co-response set up, is the person on call or in person? • Is there a pairing of trained police and mental health professionals? • Is the co-response model a ride-along, ride-separate or remote model? • Does intervention include follow-up and post-vention? • Are other emergency personnel involved, such as firefighters and EMT's? • How do community members feel integrated services work? • What methods have been used to get community feedback about the services? AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Draft Article List for 2024 Annual Town Meeting PRESENTER:TER• ITEM S NUMBER: Kelly Axtell, Deputy Town Manager I.6 SUMMARY: Category: Informing Kelly Axtell, Deputy Town Manager, will review the attached draft list of articles proposed for 2024 Annual Town Meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 8:20pm ATTACHMENTS: Description Type Annual Town Meeting March 18, 2024 A. Election B. Election Dep Moderator/Town Reports C. Cary lecture Financial Articles D. FY 25 Operating Budget E. FY 25 Enterprise Budgets F. Establish/Continue Revolving Funds G. FY 25 CPC Budget/Projects a. Cary Memorial Library Renovation— $2,300,000 b. Archives and Records Management— $20,000 c. Property Acquisition—TBD d. Park Improvements—Athletic Fields—Bowman School— $545,000 e. Lincoln Park Fitness Stations Equipment—$16000 f. Park Improvements—Hard Court Surfaces—Valley Rd—$492,000 g. Lincoln Park Field Improvements— $1,145,000 h. LexHAB Support, Restoration, Preservation, and Decarbonization— $4781865 i. LHA 561/563 Massachusetts Ave Exterior Improvements—$100,000 j. Affordable Housing Trust Pre-Funding— $3,200,000 k. Projected Debt Service— $681,200 1. Administrative Budget— $150,000 H. Recreation Capital I. Municipal Capital J. Water system improvements K. Wastewater improvements L. School Capital Projects/equipment M. Public Facilities capital a. Assessment of the Lincoln Fields site for a possible Solar Installation N. Post-Employment Insurance liability O. Rescind prior borrowing P. Establish/Dissolve/Appropriate To/From Stabilization 12/01/23 1 Q. Appropriate for Prior year unpaid bills R. Amend FY24 Operating, Enterprise, CPA budgets S. Authorized Capital improvements T. Design funds for the LHS construction project U. Renovation of the Pine Meadows Clubhouse plus solar installation V. Renovation of 173 Bedford St W. Renovation of the Cary Memorial Library Children's Room (these projects are also listed under CPC) X. Authorize 2501h Funding-provide funding for the Semiquincentennial Commission and various Town Departments Y. Accept Tucker Ave (westernmost portion)- $30,000 (betterment to be reimburse by abutters) Z. Opioid Settlement General Articles AA.Amend General Bylaw-Noise control- a. Construction noise clarification b. Delay leaf blower prohibition by one year 66. Prohibition of single use food containers made from foam polystyrene(Citizen Petition, Thomas Wanderer) CC. Authorization for Affordable Housing Trust to seek affordable housing development on a town-owned parcel DD. Old Spring St Name Change Zoning Articles EE. Amend Zoning Bylaw— Signs a. ARITCLE: To see if the Town will vote to amend Section 5.2 of the Zoning Bylaw relative to signs and update signage definitions; or act in any other manner in relation thereto. b. DESCRIPTION: This article would amend the sign regulations by complying with recent case law, amend provisions for wall and awning signs, increase allowable sign area for certain signs, and modifies sign permit application process. Amendments are consistent with goals and objectives in the economic vitality section of the Lexington Next Comprehensive Plan to support Lexington's businesses. FF. Amend Zoning Bylaw— Short Term Rentals a. ARTICLE: To see if the Town will vote to amend Section 6.10 of the Zoning Bylaw to modify regulations pertaining to short term rentals; or act in any other manner in relation thereto. 12/01/2 3 2 b. DESCRIPTION: This article would amend the zoning bylaw regulating short-term rentals with modifications intended to limit the intensity impacts and set a maximum number of vehicles associated with a short-term rental. GG. Amend Zoning Bylaw—Table of Permitted Uses and Development Standards a. ARTICLE: To see if the Town will vote to amend Section 3.4 Table I for Table of Permitted Uses and Development Standards in the Zoning Bylaw to modernize allowed uses and definitions for eating and drinking establishments, or act in any other manner in relation thereto. b. DESCRIPTION: This article would amend the Zoning Bylaw's Table of Permitted Uses to modernize definitions, uses, and where certain eating and drinking establishments may be allowed and under what conditions. This amendment is consistent with the goals and objectives of the economic vitality section of the Lexington Next Comprehensive Plan to promote a variety of business and meet the needs of residents and visitors. H H. Amend Zoning Bylaw—Building Spaces and Floor Area a. ARTICLE: To see if the Town will vote to amend the Zoning Bylaw to change the definitions relative to building spaces and floor areas; or act in any other manner in relation thereto. b. DESCRIPTION: This article would amend terms in the definition section of the zoning bylaw relative to how to define and calculate gross floor area,net floor area, structures below ground, and how height in stories is defined. 11. Amend Zoning Bylaw and Zoning Map—Technical Corrections a. ARTICLE: To see if the Town will vote to approve certain amendments to the Zoning Bylaw and Zoning Map that are clerical in nature to correct typographical errors, create consistency; or act in any other manner in relation thereto. b. DESCRIPTION: This article would not change the Zoning Bylaw or Zoning Map in any substantive way,but would correct any typos or errors discovered during the course of the public hearings for zoning amendments. 12/01/2 3 3 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss and Approve Appointments to Fence Viewers PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair I.7 SUMMARY Category:Decision-Making Membershib: It is not uncommon for communities to appoint a staff member as one of the Fence Viewers. The Board is asked to consider expanding the membership to include a staff member responsible for responding to queries and being a required participant in onsite visits. The existing charge allows for 2 or more individuals to be appointed as per MGL Chapter 49 §1-21, so no change is needed for the additional appointment. Apbointment• Fence Viewers • The Select Board is being asked to appoint Dawn McKenna to Fence Viewers for aone-year term set to expire on September 30, 2024. SUGGESTED MOTION: Move to appoint as the staff member Fence Viewer for aone-year term set to expire on September 30, 2024. Move to appoint Dawn McKenna to Fence Viewers for aone-year term set to expire on September 30, 2024. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 8:30pm ATTACHMENTS: Description Type F) 2023 Fence Viewers,Application D.McK."..enna. Backiii,.-)Material Lexington MA Boards & Committees Submit Date: Oct 25, 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® or the Town Manager's Office at 781- 698-4540. Dawn E McKenna ............... First Name Middle Initial Last Name Nickname ............... Preferred Title(i.e. Mr., Ms., Mx., Dr., Rev ..... ............... M rs. ................................................................................................................................................................................................................. Email Address Alternate Email Address (Optional) ............... 9 Hancock Street ............... 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) ............... 60 What Precinct do you live in.) ............... W' Precinct 6 Mobile: Home: ...................... Primary Phone Alternate Phone Dawn E McKenna Page 1 of 3 Employer Job Title Work Address Which Boards would you like to apply for? Fence Viewers: Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications Former real estate broker and owner of large real estate company in Lexington (Norma Perry& Associates). Upload a Resume Why are you interested in serving on a board or commission? Have indepth knowledge of land throughout Lexington. Think I can be helpful with disputes between neighbors and as with the Town. Am also able to guide on alternatives and resources to help educate and resolve concens collaboratively. How did you hear about the board or commission for which you are applying? Familar with work of this and many other Lexington Committees and have applied for the last couple of years. Have you recently attended any meetings of the board or committee for which you are Yes • 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 Do you currently serve on another board or committee? Yes • No If yes, please list date of most recent Conflict of Interest Law Training. Dawn E McKenna Page 2 of 3 Conflict of Interest Law Training Certificate Dawn E McKenna Page 3 of 3 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Committee Applicant Interview Policy PRESENTER:TER• ITEM S NUMBER: Doug Lucente, Select Board Member I.8 SUMMARY: Category:Decision-Making The Board will review and discuss updating a section of the Select Board manual to include a procedure that Select Board Members will interview ap p lic ants prior to filling a vacancy for the fo llo wing committees: • Historic Districts Commission(Full&Associate) • Minuteman Regional Vocational-Technical School District School Committee • Trustees of Public Trusts • Zoning Board of Appeals (Full&Associate) SUGGESTED MOTION: Move to the Committee Applicant Interview Policy as proposed and to update the Select Board Procedures Manual with this p o lic y FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/4/2023 8:45pm ATTACHMENTS: Description Type Procedurels.mllanual 08 2023 M ckup IvIlatefial Committee Applicant Interview Policy CURRENT VERSION: Page 22 of the LEXINGTON SELECT BOARD PROCEDURES, POLICIES AND REGULATIONS MANUAL , Section 3 Process Select Board Members may meet with potential new appointees before making a final decision on the appointment. Appointments will normally be made only when all members of the Board are present. Nominees do not require a second. Appointments will be made by a majority vote of the Board. PROPOSED DRAFT: Page 2222 of the LEXINGTON SELECT BOARD PROCEDURES, POLICIES AND REGULATIONS MANUAL , Section 3 Process (newly added text is in red below Select Board Members may meet with potential new appointees before making a final decision on the appointment. The Select Board will interview applis is for the following Boards, Commissions, Committees, and Trusts in ®1 format-. • Historic Districts Commission(Full&Associate) Minuteman• 1Vocational-Technical s isriCommittee Trustees• of Public Trusts Zoning• r s (Full &Associate) Appointments will normally be made only when all members of the Board are present.Nominees do not require a second. Appointments will be made by a majority vote of the Board. LEXINGTON SELECT BOARD PROCEDURES, POLICIES AND REGULATIONS MANUAL TABLE OF CONTENTS PROCEDURES.............................................................................................................................................................3 I. SELECT BOARD......................................................................................................................................................3 A. Authority for Select Board................................................................................................................................3 B. Election& Qualification....................................................................................................................................3 C. Vacancies on the Board....................................................................................................................................3 D. Organization of the Board................................................................................................................................3 1. Responsibilities of the Chair..........................................................................................................................................3 2. Responsibilities of the Vice-Chair..................................................................................................................................4 E. Internal Operation............................................................................................................................................4 1. Members Interaction....................................................................................................................................................4 2. Standard of Conduct.....................................................................................................................................................4 F. Member's Expense Reimbursement.................................................................................................................5 G. Conflict of Interest............................................................................................................................................5 H. Ethics................................................................................................................................................................6 1. Purpose and Scope.......................................................................................................................................................6 2. Applications..................................................................................................................................................................6 II. EMPLOYEES OF THE BOARD..................................................................................................................................8 A. Town Manager.................................................................................................................................................8 1. Appointment.................................................................................................................................................................8 2. Powers and Duties........................................................................................................................................................8 B. Town Comptroller.............................................................................................................................................8 1. Appointment.................................................................................................................................................................8 2. Powers and Duties........................................................................................................................................................8 C. Town Counsel...................................................................................................................................................9 1. Appointment.................................................................................................................................................................9 2. Powers and Duties........................................................................................................................................................9 D. Executive Clerk and Other Secretarial Staff......................................................................................................9 1. Appointment.................................................................................................................................................................9 2. Powers and Duties........................................................................................................................................................9 E. Evaluations.....................................................................................................................................................10 1. Town Manager............................................................................................................................................................10 2. Town Comptroller.......................................................................................................................................................10 3. Executive Clerk............................................................................................................................................................11 4. Other Administrative Staff..........................................................................................................................................11 III. BOARD MEETINGS..............................................................................................................................................12 A. Schedule.........................................................................................................................................................12 B. Notice of Meetings.........................................................................................................................................12 C. Procedures......................................................................................................................................................12 D. Staff Members in Attendance at Board Meetings..........................................................................................13 E. Executive Session............................................................................................................................................13 1. Executive Session Votes..............................................................................................................................................13 2. Executive Session Records..........................................................................................................................................13 F. Special/Emergency/Working Meetings..........................................................................................................14 1. Special Meetings.........................................................................................................................................................14 2. Emergency Meetings..................................................................................................................................................14 3. Working Meetings.......................................................................................................................................................14 G. Agenda Procedure..........................................................................................................................................14 1. Responsibility..............................................................................................................................................................14 Timing2. .................... 3. Format and Content....................................................................................................................................................14 4. Posting and Delivery...................................................................................................................................................15 Page 1 of 39 5. Notification of Interested Parties................................................................................................................................15 H. Minutes..........................................................................................................................................................16 1. E-mail Communications.................................................................................................................................16 J. Open Meeting Law.........................................................................................................................................16 K. Operational Goals..........................................................................................................................................17 1. Goal Setting.................................................................................................................................................................17 2. Policy Development....................................................................................................................................................17 L. Calendar of Annual Select Board Office Responsibilities................................................................................17 IV. STANDING COMMITTEES....................................................................................................................................20 V. ADVISORY COMMITTEES OF THE SELECT BOARD................................................................................................21 VI. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS...................................................................22 A. Select Board Appointments............................................................................................................................22 1. Expiration Dates..........................................................................................................................................................22 2. Criteria........................................................................................................................................................................22 3. Process........................................................................................................................................................................22 B. Town Manager's Appointments with Select Board Approval.........................................................................23 1. Qualifications..............................................................................................................................................................23 2. Process........................................................................................................................................................................23 VI1. RESIGNATIONS...............................................................................................................................................24 VI II. RELATIONS WITH OTHER TOWN BOARDS,COMMITTEES AND COMMISSIONS..............................................25 A. Appearance at Regular Board Meetings........................................................................................................25 IX. RELATIONS..........................................................................................................................................................26 A. Relations with the Public................................................................................................................................26 B. Relations with Town Manager.......................................................................................................................26 C. Relations with Staff........................................................................................................................................27 X. EMPLOYEE GRIEVANCES.....................................................................................................................................28 XI. HEARINGS BEFORE THE BOARD..........................................................................................................................29 A. Agenda...........................................................................................................................................................29 B. Notice.............................................................................................................................................................29 C. Procedures......................................................................................................................................................29 D. Utility Hearings...............................................................................................................................................29 XI1. LICENSES AND PERMITS..................................................................................................................................31 A. Scheduling......................................................................................................................................................31 B. Applications....................................................................................................................................................31 C. Processing......................................................................................................................................................31 D. Attendance.....................................................................................................................................................31 XI II. SPECIAL MUNICIPAL EMPLOYEES...................................................................................................................32 XIV. WARRANTS.....................................................................................................................................................33 A. Annual............................................................................................................................................................33 B. Special............................................................................................................................................................33 C. State and Federal Elections............................................................................................................................33 POLICIES VOTED BY THE SELECT BOARD ..................................................................................................................35 REGULATIONS VOTED BY THE SELECT BOARD..........................................................................................................36 APPENDIX A-CONFLICT OF INTEREST......................................................................................................................37 APPENDIXB-POLICY FORM ....................................................................................................................................38 APPENDIX C-SPECIAL MUNICIPAL EMPLOYEES.......................................................................................................39 Page 2 of 39 PROCEDURES I. SELECT BOARD A. Authority for Select Board The Select Board is an elected Board and derives its authority and responsibilities from the statutes of the Commonwealth of Massachusetts, the Selectmen-Town Manager Act of the Town of Lexington and the By-Laws of the Town of Lexington. General Reference: • Chapter 41, Massachusetts General Laws • Chapter 753 of the Acts of 1968, Selectmen-Town Manager Form of Government, and as amended • Handbook for Massachusetts Selectmen—Fourth Edition 2014; Massachusetts Municipal Association B. Election & Qualification In accordance with the Acts of 1922, Chapter I, the Board shall consist of five duly elected members. Before assuming official duties, each newly elected member shall be sworn to faithful performance of official responsibilities by the Town Clerk. C. Vacancies on the Board When a vacancy or vacancies occur in the membership of the Select Board, the remaining members of the Select Board shall call a special town election to fill the vacancy or vacancies for the unexpired term or terms, except that if such a vacancy or vacancies occur less than 100 days prior to the annual election and not less than three members of such Board remain in office, the vacancy or vacancies shall remain unfilled until such annual election. (Selectmen- Town Manager Act) D. Organization of the Board The Select Board Chair and Vice-Chair shall be elected annually at the first regular meeting of the Board after the adjournment of the Annual Town Meeting. The Board may at any time remove the Chair or Vice-Chair. The Chair shall not serve more than three consecutive years. A majority vote shall constitute an election. Nominations require no second. The Executive Clerk shall preside as Chair pro tem until the Chair and Vice-Chair are elected. If a vacancy occurs in the office of Chair or Vice-Chair, the Board shall elect a successor. 1. Responsibilities of the Chair The Board Chair shall: • Preside at all meetings of the Board. • Sign official documents that require the signature of the office. • Supervise the Executive Clerk and Select Board staff. • Prepare agendas with the Executive Clerk and Town Manager. • Arrange orientation for new members. Page 3 of 39 • Represent the Board at meetings, conferences and other gatherings unless otherwise determined by the Board or delegated by the Chair. • Serve as spokesman of the Board at Town Meetings and present the Board's position unless otherwise determined by the Board or delegated by the Chair. 2. Responsibilities of the Vice-Chair The Vice-Chair shall: • Assume the responsibilities of the Chair in the Chair's absence. The Chair and Vice-Chair shall have the same rights as other members to offer resolutions, to discuss questions and to vote thereon. In the absence of the Chair and Vice-Chair, the Board shall designate an Acting Chair. E. Internal Operation 1. Members Interaction The Board functions as a body in all policy decisions and all other matters as required by law or determined by vote of the Board in formal session. • Board members will report back to other members and the Manager on significant meetings or hearings which they have attended and especially on issues on which Board action will later be required. • The Chair will notify Board members prior to the meeting if a particular strategy or approach has been suggested for dealing with potentially explosive agenda items. • Board members will keep each other informed of all investigations they are conducting or issues they are pursuing that are of concern to the Board. • Board members agree not to surprise each other by last minute agenda items about which others have no warning or knowledge except in the case of emergency items or those of a strictly routine nature which need action prior to next scheduled meeting. • Board members who wish to take issue with another member's conduct, behavior, procedures, will do so first privately with the member concerned or will notify the member prior to first doing so at a public meeting. • When individual members request information from the Manager of concern to the whole Board, the Manager will report back to the whole Board - not only the member raising the question. 2. Standard of Conduct Page 4 of 39 An individual member of the Board, including the Chair, may act independently only if specifically authorized by the Board. Members of the Board will behave with civility and courtesy. The Chair will preserve decorum and prevent personal attacks. No one in attendance at the meeting will be allowed to make disparaging remarks about anyone including staff. The Chair will rule inappropriate comments out of order and issue warnings to the offending parties. F. Member's Expense Reimbursement Expenses in connection with in-state travel involving overnight accommodations or travel beyond 50 miles, round trip, may be reimbursed with the prior approval of the Board. Items may include transportation, meals, lodging, and registration fees. A voucher itemizing such expenses shall be submitted to the Executive Clerk in a form approved by the Comptroller within 10 days following completion of the travel. Out-of-state travel by members of the Select Board should be approved only when the travel can unequivocally be shown to be in the best interest of the residents of Lexington. Registration fees and other miscellaneous expenses incurred by members in their official capacity may be reimbursed by submission of said invoice to the Executive Clerk. If a member of the Board travels as a member and does not seek reimbursement from the Town for expenses, the member shall disclose to the Board the source of funding for the trip (personal funds, reimbursement by an outside agency, business support, etc.). G. Conflict of Interest Members of the Select Board will strictly adhere to the provisions of the Conflict of Interest Law, G.L. Ch. 268A, during and after their terms of office as certain restrictions remain in perpetuity and can also affect a business partner. Members should avoid the appearance of conflict in their words and actions, including in the making of appointments. Without proper public disclosure members "may not take any action that would create an appearance of impropriety, or could cause an impartial observer to believe your official actions are tainted with bias or favoritism." (State Ethics Commission Introduction to the Conflict of Interest Law). Individual members may not hire, promote, supervise, or otherwise participate in the employment of an immediate family member or their spouse. Members may not ask for or accept gifts worth $50 or more from anyone with whom the Board has official dealings. Members may request legal advice about how the law applies in a particular situation. Advice is free, confidential, timely and binding. Call the State Ethics Commission's "attorney of the day" at Page 5 of 39 (617) 371-9500. Advice may also be sought from Town Counsel, whose conflict of interest opinions must be filed with the Commission for review. Every 2 years, all members of the Board must complete the State Ethics Commission conflict of interest law online training program. Newly elected members must complete this training within 30 days of beginning public service, and every 2 years thereafter. New members of the Board may be briefed on the law's implications by either Town Counsel or by attending one of the State Ethics Commission seminars. See Appendix A: Conflict of Interest- Articles and primers prepared by the State Ethics Commission. H. Ethics 1. Purpose and Scope This Code of Ethics expresses the basic understanding of the organization of the Select Board under the Selectmen-Town Manager Act and other statutes of the Commonwealth. The oath of office of a Select Board Member binds the individual member to those laws, since the Board operates under their authority. 2. Applications This code applies to three areas of responsibility of Board members in addition to that set forth above: responsibility to the Community; relationships with fellow Board members; and responsibility in relation to the Town Manager. a. Board members in relation to the community should: ■ Be ever mindful that the basic responsibility is to the entire residents and that the members represent the entire community at all times. ■ Recognize that the basic function of the Select Board is policy making and not administration which is in the hands of the Town Manager. ■ Be well informed concerning the duties of a member. ■ Accept the office of Select Board Member as a means of unselfish service. ■ Realize that it is inappropriate to make promises or commitments of how the Select Board will vote upon matters which will come before the Board. b. A member in relation to other Board members should: ■ Treat fellow members respectfully and courteously. ■ Recognize that actions at official meetings of the Board are binding and that the individual member cannot bind the Board outside such meetings. ■ Uphold the intent of executive sessions and respect privileged communications that exist in executive sessions. ■ Make voting decisions only after all facts on a matter have been presented and discussed. Page 6 of 39 C. A member in relation to the administration and particularly to the Town Manager should: ■ Accord the Town Manager full responsibility for the conduct of that office and hold the Manager accountable for acceptable results. ■ Endeavor to establish sound and clearly defined policies which will guide and support the Town Manager. ■ Respect and support the administration chain of command and the authority of the Town Manager. ■ Respect and support the authority of the Town Manager in all matters of employment, discipline and termination of administrative personnel. Page 7 of 39 H. EMPLOYEES OF THE BOARD The Select Board shall appoint a Town Manager, Town Comptroller, Town Counsel and an Executive Clerk to the Board, who with Board approval, shall appoint such other administrative support as are deemed necessary to carry out the responsibilities of the Select Board office. A. Town Manager 1. Appointment The Select Board shall appoint a Town Manager in accordance with the Selectmen-Town Manager Act. The Board shall set the Town Manager's compensation, subject to Town Meeting appropriation, and such other terms and conditions of employment that they may, from time to time, deem advisable. Such terms and conditions shall not be in conflict with the Selectmen-Town Manager Act, Town By-Laws or any other special or general laws. 2. Powers and Duties The Town Manager shall have the powers and duties as delineated in the Selectmen-Town Manager Act and as required by those sections of the General Laws relating to towns with town manager form of government. These powers and duties may not be abrogated or abridged by the Select Board. The Town Manager shall perform such other duties that, from time to time, may be requested by vote of the Board. The Manager shall attend all meetings of the Board, shall keep the Board fully advised of the needs of the Town and shall recommend to the Board for adoption such measures requiring action by them or by the Town as the Manager may deem necessary and expedient. The Town Manager is responsible for inter-board communication in the day-to-day operations of government. The Town Manager shall develop a process for exchange of information and the provision for advice and recommendations among the boards, committees and commissions with common interests, which shall include but not be limited to the exchange of minutes, the establishment of a central repository for data, studies and reports and the appointment of members or staff of boards, committees or commissions as liaison with one another around common projects such as housing needs and revitalization of the center. B. Town Comptroller 1. Appointment The Select Board shall appoint a Town Comptroller. The Comptroller shall be appointed in March of every third year for a three-year term from the first day of the following April. The Comptroller may be removed by the Board for cause and the vacancy filled by appointment for the remainder of the unexpired term in accordance with the Selectmen-Town Manager Act and Chapter 777 of the Acts of 1965 - "An Act Establishing the Office of Comptroller in the Town of Lexington". 2. Powers and Duties The Town Comptroller shall have the following powers and duties: Perform a variety of Page 8 of 39 complicated, detailed professional accounting work including the direction and supervision of specialized and technical fiscal control functions; coordinate the accounting functions of other departments' accounting and auditing activities; be responsible for disbursement and receipt of all municipal monies and the maintenance of all records in coordination with the treasurer. The Comptroller shall develop, install, direct and supervise all accounting procedures and practices required by the Town; shall direct all accounting and financial activities of the Town; and shall review all payroll transactions, invoices for payments, statements of account, accounts receivable and accounts outstanding. The Comptroller shall be an ex officio member of the Appropriations Committee without vote. The Comptroller shall perform other duties as required by the applicable sections of the General Laws relating to Town Comptrollers and Town Accountants. C. Town Counsel 1. Appointment As specified in the Town By-Laws Chapter 90 section 24, the Select Board shall each year within thirty days after the annual election of Town Officers appoint an attorney at law as Town Counsel who shall serve a term of one year. 2. Powers and Duties The Town Counsel shall have the powers and duties specified in the General By-Laws of the Town of Lexington. D. Executive Clerk and Other Secretarial Staff 1. Appointment The Board shall each year appoint an Executive Clerk to assist the Board and to perform such duties as the Board Chair may direct. The Executive Clerk with the approval of the Board, shall employ additional secretarial help as deemed necessary to carry out the responsibilities of the Select Board. The hiring, performance evaluations and salary reviews for these positions shall conform to the regular Town personnel practices and procedures. 2. Powers and Duties They shall include but not be limited to: • Complete, detailed set-up and follow-up(including minutes) of Select Board meetings, budget meetings and special meetings of the Board, including scheduling hearings as part of regular Board meetings. • Answer correspondence addressed to the Board and assist the Chair and the Town Manager in answering the public's questions about the decisions and work of the Board. • All administrative work for members of the Board, including processing requests for payments under Town Meeting Articles. • Interface with the public on all personal, telephone, email, and online contacts. • Prepare warrants for Annual Town Meeting, Special Town Meetings, and annual Page 9 of 39 Election; arrange for printing and delivery of same. • Process applications and issue licenses, i.e., limo/taxi, Class I, II and III, auctioneer, common carrier, common victualler, coin operated video games, entertainment, lodging houses all liquor licenses, theaters, etc. • Prepare list of annual appointments. • Schedule Board appointments and hearings on requests from utility companies for pole and conduit installations (all clerical work necessary prior to and following hearings to be handled by D.P.W.). • Prepare budgets for the Select Board Office, Legal Expenses and Fees. • Certify and notarize documents for the Select Board. • Purchase Board office supplies • File all Board correspondence • Certify the Board's Office payroll. E. Evaluations 1. Town Manager The Select Board shall evaluate the Town Manager's service annually. It is the policy of the Board to conduct the evaluation on the anniversary of the contract with a final public report prior to the end of the calendar year. This way all the members who have worked with the manager over a year can have input into the evaluation. The evaluation shall be in writing. As a foundation for said evaluation, the Select Board shall work with the Town Manager to develop measurable and specific goals against which the Manager's performance shall be evaluated throughout the year. Ideally goals will be developed in May, after Town Meeting ends. The Board Chair shall be responsible for distributing an evaluation form to all Board members. While the Board may change the form from time to time by a majority vote of the Board, at a minimum the Board shall measure the Manager's success in addressing the goals for the Manager. Each member shall individually submit a written evaluation to the Executive Clerk. The Executive Clerk will then produce a consensus report. The Manager shall discuss the report with the Board Chair prior to the public presentation. The report shall be made a permanent part of the manager's personnel file. This file shall be maintained in the Select Board office. Prior to the start of a new fiscal year, the Select Board shall set compensation for the manager based on the evaluation and in keeping with the financial condition of the Town. 2. Town Comptroller By authority of the Selectmen-Town Manager Act and Chapter 777, Acts Of 1965, the Select Board is responsible for hiring and supervising the Comptroller. The Select Board shall evaluate the Comptroller's performance. The Board Chair shall be responsible for working with the Select Board to determine a process for Page 10 of 39 evaluation. The final evaluation shall be in writing and placed in the Comptroller's personnel file as a permanent record of performance. If the Comptroller also serves as the Finance Director, said file shall be maintained by the Town Manager; otherwise, the file shall be maintained in the Select Board Office. The Select Board shall participate with the Town Manager in setting the compensation for the dual position, so long as such participation does not conflict with a collective bargaining agreement. 3. Executive Clerk The Executive Clerk of the Select Board,per the Selectmen-Town Manager Act, shall be an employee of the Select Board. Supervision of the Executive Clerk is the sole responsibility of the Board Chair and they alone are responsible for performing an annual performance review. Such review will conform to the regular Town personnel practices and procedures. The personnel file of the Executive Clerk shall be kept by the Town Human Resources Director. Compensation for the Executive Clerk shall be set by vote of the majority of the Select Board and reviewed annually. Said compensation shall be based on the evaluation and in keeping with the financial condition of the Town. 4. Other Administrative Staff Additional administrative staff to the Select Board is the responsibility of the Executive Clerk. The Executive Clerk shall annually review administrative staff to the Select Board prior to the start of a new fiscal year. Said review will include meeting with the staff and submitting a written evaluation for the file. The personnel file for the administrative staff shall be by the Town Human Resources Director. The Select Board shall set compensation for secretarial staff. Such staff shall be paid in a range similar to other municipal secretarial staff. The Executive Clerk shall recommend to the Select Board appropriate compensation based on the annual review. Page 11 of 39 III. BOARD MEETINGS A. Schedule Select Board Meetings are held in the Select Board Meeting Room of the Town Office Building, on Monday evenings unless otherwise determined. The Board shall not meet on days designated as Legal Holidays. Meetings falling on a Legal Holiday are canceled or rescheduled at the discretion of the Board. B. Notice of Meetings The Executive Clerk of the Select Board, on behalf of the Chair, is responsible for filing a notice of the meeting with the Town Clerk at least 48 hours (not including Saturdays, Sundays or Legal Holidays) before the meeting is to take place and shall take all steps necessary to comply with the open meeting law. C. Procedures Meetings are to be conducted in accordance with generally accepted rules of parliamentary procedure. It is the practice that application of such procedure be on a relatively informal basis, due to the size of the group and the desirability of flexibility in the expression of opinion. Robert's Rule of Order is used as a guide in matters requiring clarification or definition. A quorum shall consist of three members of the Board. As a practical courtesy, action on critical or controversial matters, the adoption of policies or the making of appointments shall be taken whenever practicable only when the full Board is in attendance. Actions and decisions shall be by motion, second and vote. Split vote will be identified by name. When only three members of the Board are present or in the case of nominations, no second will be required prior to Board action. Public Participation at Select Board Meetings Unless directly involved in an agenda item, the public may only participate at a regular Board meeting at the discretion of the chair or upon request of any member of the Board. Recordings. Any person in attendance at any Select Board open meeting may record the meeting by any means allowed by state law, provided that there is no interference with the conduct of the meeting. A ten-minute Public Comment period may be scheduled at each meeting to hear concerns of the general public. The issues raised will not be debated during the public comment but may be scheduled for a future agenda if needed. Rules for Public Comment section of the meeting: Page 12 of 39 • Public comments will be conducted in an orderly and peaceable manner. • Before speaking, speakers should state their names, addresses, and any affiliations. • Each speaker may speak only once for a maximum of 2 minutes. • Speakers will not be allowed to disrupt others, and may be removed from the meeting if they do. D. Staff Members in Attendance at Board Meetings • The Executive Clerk of the Select Board and the Town Manager or their designees are expected to be in attendance at all regular meetings of the Board. The Executive Clerk or their designee shall attend in order to keep records of the proceedings, coordinate and carry out the actions of the Board relating solely to the Select Board Office. • The Town Manager, as Chief Executive Officer of the Town, shall attend in order to keep the Board informed and advised and recommend in all matters that fall within the jurisdiction of the office. The Manager shall carry out the actions of the Board as they relate to the conduct and administration of Town affairs under the Manager's jurisdiction. • The Town Counsel shall attend to provide legal direction, give consultation, advice and opinions on legal matters pertaining to Town business when requested by the Board. E. Executive Session If practicable, Executive Sessions, other than a few minutes in duration, will be scheduled to allow the open meeting to commence at the regular starting hour. Only items clearly allowed under the State's Open Meeting Law shall be included in Executive Session. An Executive Session shall not be held unless the Board has first convened in Open Session for which notice has been given. A majority of the members must vote to go into Executive Session and the vote of each member must be by roll call recorded in the minutes. The mover must specify in the Open Meeting the grounds on which Executive Session is sought. Before the Executive Session, the Chair must state whether or not the Board will reconvene in Open Session. 1. Executive Session Votes During Executive Session, all votes shall be recorded through a roll call, and these votes will become a part of the Executive Session's records. 2. Executive Session Records The Board must maintain accurate records of both Open Meetings and Executive Session. At a minimum, the records must set forth "the date, time, place, members present or absent and action taken". Executive Session records shall remain confidential only "so long as the publication may defeat the lawful purpose of the Executive Session, but no longer". Thereafter they shall be open to the public. Page 13 of 39 F. Special/Emergency/Working Meetings 1. Special Meetings A meeting called for any time other than the regular meetings shall be known as a "Special Meeting". The same rules as those established for regular meetings will apply. Notice for Special Meetings will be posted at least 48 hours prior to the meeting. The Chair or any member of the Board, through the Executive Clerk, may call special Meetings provided that all Board Members are notified and that a majority of the members agree to meet. 2. Emergency Meetings In a situation where immediate action is deemed by the Board to be imperative, an "Emergency Meeting" may be called. In this case an emergency is defined by law as "a sudden, generally unexpected occurrence or set of circumstances demanding immediate action". Such a meeting may be held even though notice was not posted in time. Notice of an "Emergency Meeting", pursuant to MGL Chapter 30A, Section 20(b), shall be posted as soon as reasonably possible prior to such meeting. . 3. Working Meetings The Board may conduct informal "Working Meetings" from time to time as the situation warrants. At such meetings, which will be posted in accordance with the Open Meeting law, no official action will be taken. A synopsis of transactions of informal meetings will be made a part of the minutes of the following regular meeting. G. Agenda Procedure 1. Responsibility The responsibility for coordinating and planning the meeting agenda is that of the Chair. Each of the Board Members and the Town Manager may request that items be placed on the agenda. The Executive Clerk, after consultation with the Chair, shall schedule a realistic time period for each appointment, interview, conference or other scheduled item of business and shall confirm all appointments including time allotted. The Chair, in consultation with the Executive Clerk and the Town Manager, shall decide the meeting date on which an agenda item shall appear. 2. Timin All items for the agenda packet must be submitted to the Executive Clerk by noon three business days before the preceding the meeting. Items not ready on time will be rescheduled except in extraordinary circumstances. 3. Format and Content Agenda items include by way of example: Page 14 of 39 • Call meeting to order • Executive Session (if needed) • Public Comment • Member Concerns and Liaison Reports • Town Manager Report • Items for Individual Consideration (sign notes for borrowing, hearings for licenses, permits, sign pole locations, appointments or approval of manager appointments, appointments with Town boards, committees, commissions, general business, Board policy action or review, reports of boards and committees, and other business) Consent Agenda (items of no controversy) The Chair will determine the order of the agenda. Where an agenda item is the responsibility of a particular member of the Board or has been requested to be placed on the agenda by another board or committee or resident, their name will appear after the agenda item. Thus, a Board member seeking further information will know the name of the person to contact. Members are reminded that the Open Meeting Law prohibits substantive discussion of agenda items by a quorum of the Board outside a posted meeting. All backup data, pertinent information, or an outline for discussion shall accompany all subject matters or items to appear on the agenda. If background information is insufficient or complicated or if complex memos or motions are presented at the meeting which were not in the originally posted packet, any member should feel free to request the tabling of the item to allow careful study of the material presented or the motion proposed. 4. Posting and Delivery The agenda shall be available to the public at the Select Board's office two business days before the meeting date and shall be posted in accordance with current posting requirements. As a courtesy, the agenda and notice of meeting shall be sent to town distribution email lists. Copies of all important reports and other pertinent background materials shall be included with the Board meeting packet. The special meetings of the Board shall conform insofar as practical to the agenda for the regular Monday meetings. Distribution shall be as outlined above. Additional copies of the agenda shall be available in sufficient quantity to distribute to those requesting a copy and to the people in attendance at the meetings. 5. Notification of Interested Parties The Executive Clerk shall notify persons who are directly involved in the issues to be discussed by the Select Board making note of the time their item will probably be considered. This shall include Page 15 of 39 items to be discussed under the Town Manager's agenda. H. Minutes • The Executive Clerk or designee shall record open meetings of the Board, shall draft minutes and shall distribute such minutes to each Board Member. • Minutes to be approved at a meeting shall be included in the packet. If possible, the draft meeting minutes will be circulated to members of the Board as soon as they are available. On request of any member, approval of minutes submitted shall be postponed for one meeting to enable such member to propose amendments to the Executive Clerk. Revised minutes must be included in the meeting packet not later than the Friday preceding the meeting at which approval is sought. • By unanimous consent, minor corrections may be made with respect to minutes otherwise in order for approval, without advance circulation of such corrections. • Minutes shall contain a statement of all actions taken by the Board and of the disposition of all proposals for action. Discussions preceding action need not be detailed in the minutes. • Approved minutes shall be recorded in a Minutes Book which shall be indexed when filled to capacity. • Minutes of executive sessions shall be separately kept and recorded in accordance with the above procedures. • Minutes of executive sessions shall be reviewed periodically for purposes of determining whether they can be made public, and upon such determination shall be recorded with the regular minutes. • Minutes (other than of executive sessions) are open for public inspection. • Recordings of open meetings shall be preserved three months after approval of the minutes at which time they will be destroyed unless otherwise voted by the Board. I. E-mail Communications E-mail is a convenient way to communicate with Boards and Committees. However, its use by members carries a high risk of violating the open meeting law. E-mails deprive the public of the chance to monitor discussions and exclude non-participating members. In keeping with the Open Meeting Law and the District Attorney's interpretations, e-mail exchanges among a quorum of the Board should be limited to discussing procedural items regarding agendas and scheduling, etc. It shall not be used to debate policy or convey opinions. This policy shall apply to all Boards and committees and Select Board liaisons are responsible for informing their committees. As a way of ensuring public access to e-mails, the Select Board shall maintain a record all Board e- mails. Said e-mails shall be available for public inspection at the Select Board office during regular hours. It is the responsibility of Board members to conduct public business using their Town of Lexington e-mail account. J. Open Meeting Law Page 16 of 39 Each Board member shall be furnished with a copy of the Office of Attorney General's current Open Meeting Law. It is the Board member's responsibility to comply with the current Open Meeting Law. Open Meeting Law available on web at http://www.mass.gov/legis/laws/mgl/mgllink.htm (Chapter 39.) Section 23B) The Attorney General's Division of Open Government guidelines are available on web at https://www.mass.,gov/the-open-meeting K. Operational Goals 1. Goal Setting The Select Board sets goals that can influence the community for many years. In setting goals, the Board must think of short-term and long-range needs as well as the future implications of those decisions. Goals should be established that will sustain the excellence that residents demand. Goal setting is done collaboratively between the Board and the Manager. The goals should be prioritized and adopted after public review. Since the goals have far reaching implications, the Board should seek broad participation in the development of the goals. The following should be included in developing the operational goals: • Each Board member should be asked to submit proposed goals. • The Town Manager should be asked to submit proposed goals. • Town Boards and Committees are encouraged to recommend proposed goals for consideration. • Senior managers should review the proposed goals and inform the Board of Town staff recommendations. • Review prior year's goals and include any not met that should be continued. Once adopted, the operational goals of the Board will be posted on the website. 2. Policy Development Adoption of new policies and revision of existing policies of the Select Board may only be adopted by an affirmative vote of a majority of the Select Board at a duly noticed meeting of the Select Board. All policies of the Select Board shall be recorded on the same form. Said form shall include the name of the policy, the date approved by the Select Board and the signature of the Chair of the Select Board. Each policy shall contain the following sections: 1. Background, 11. Purpose & Scope, III. Application and IV. Reference. A sample form is attached in Appendix B. L. Calendar of Annual Select Board Office Responsibilities Page 17 of 39 January Budget Select Board/School Committee Vote on Recommended Budget Budget Budget Collaboration Meetings Files Change Files - retain 3 years Licensing Annual License Information Form (ALIF) Report due to State 2/1 Warrant Prepare/Publish Warrant February Appointments Prepare for Registrar(s) of Voters Appt by 3/31 Budget Schedule Proposed Budget(White Book) Approval Licensing Submit Annual Report letter to ABCC Warrant Confirm Available Funds on Postal Permit March Appointments Registrar(s) of Voters by 3/31 Appointment Town Counsel (I-yearterm by 3/31) Appointments Appointment of Comptroller(3-year term by 4/1) Town Meeting Town Meeting Begins (Monday and Wednesday until completed) April Licensing Initiate renewal of Limo and Taxi Licenses in permitting system May Select Board Reorganization of Select Board (I't meeting after end of TM) Appointments Select Board Liaison Assignments June Appointments Executive Clerk (I-yearterm by 6/30) Appointment Keeper of the Lockup (I-yearterm by 6/30) Appointment Town Celebrations Committee (I-yearterm by 6/30) July Appointment Election Workers by(I-yearterm by 8/15) Licensing Initiate renewal of Theatre License in permitting system Select Board Goal Setting & Goal Review Au ust September Appointment Annual Committee Appointments/Reappointments Budget First Financial Summit October Licensing Send Liquor license renewal letters Licensing Initiate renewal of Licenses with December exp in permitting system Hearing Water/Sewer Rate Presentation/Hearing (coordinate with Comptroller) Page 18 of 39 Budget Continued Financial Summit November Appointment Send letters to nominating authorities for upcoming HDC term expirations Budget Continued Financial Summit Election Set date for Town Election Town Meeting Set date for Annual Town Meeting Town Meeting Set date to approve warrant for Annual Town Meeting Hearing Tax Rate Presentation/Hearing(coordinate with Comptroller) Rates Approve Water/Sewer and Tax Rates Warrant Send Check to Postmaster for Postal Permit (for ATM Warrant) Budget Begin Department Budget Presentations December Appointments Historic Districts Commission Appointments Licensing Select Board Approval of Licenses with a 12/31 expiration, including Liquor License Renewals Warrant Send ATM rezoning proposals to Planning Board Budget Department Budget Presentations Flexible Select Board Town Manager Evaluation& Goals (on contract anniversary) Appointment Town Manager Contract Renewal (not to exceed 3 years) Appointments Town Manager Appointments Appointments Recruitment for Committee Vacancies Select Board Executive Clerk Evaluation Select Board Policy Review and Update Select Board Approve and Release Executive Session Minutes Select Board Review Advisory Committee charges as necessary Vote of Intent Acceptance of Streets if needed (notify Planning Board) Page 19 of 39 IV. STANDING COMMITTEES Standing committees are established by statute or by-law and must be maintained. They are: Affordable Housing Trust, Appropriation Committee, Board of Appeals, Board of Assessors, Board of Health, Capital Expenditures Committee, Commission on Disability, Community Preservation Committee, Conservation Commission, Council on Aging, Fence Viewers, Historic Districts Commission, Historical Commission, Lexington Housing Assistance Board (LexHAB), Permanent Building Committee, Recreation Committee, Registrars of Voters, Retirement Board, Tourism Committee, Town Celebrations Committee, Tree Committee, Trustees of Public Trusts, and Youth Commission. As outlined in the Selectmen-Town Manager Act, or by statute or bylaw, the standing committees appointed by the Select Board are: Affordable Housing Trust, Board of Appeals, Community Preservation Committee, Fence Viewers, Historic Districts Commission, Lexington Housing Assistance Board (LexHAB), Registrars of Voters, one member of the Retirement Board, Tourism Committee, Town Celebrations Committee, Tree Committee, and Trustees of Public Trusts. The Board of Health, Commission on Disability, Conservation Commission, Council on Aging, Historical Commission, Recreation Committee and Youth Commission are appointed by the Town Manager with approval of the Select Board. The Manager appoints members to the Board of Assessors and Permanent Building Committee. It is the policy of the Select Board to appoint qualified residents to the standing committees it appoints. The Board will normally appoint individuals to no more than one standing committee at any one time. The Select Board shall not exercise any control over the discretionary power vested by statute in any such board, committee, commission or officer. Page 20 of 39 V. ADVISORY COMMITTEES OF THE SELECT BOARD The Board may appoint advisory committees to aid on matters under the Board's jurisdiction, particularly in technical areas. The use of such advisory committees provides greater expertise and more widespread resident participation in the operation of government. Charges to advisory committees shall be in writing and shall include the work to be undertaken, the time in which it is to be accomplished and the procedures for reporting to the Select Board. Each committee must report in writing at least annually to the Select Board. The Town Clerk must receive copies of all Committee charges, appointments and minutes. The Board will discharge committees upon the completion of their work. The charges and membership of standing advisory committees shall be reviewed periodically with the Select Board liaison to assess the necessity and desirability of continuing the committee. Reappointments will be based on the desirability of widespread resident involvement and the changing needs of the committee and the Town. In order to attract qualified and interested persons, vacancies will be made public as far in advance of an appointment as practicable. An application form will be available in the Select Board Office, the Town Manager's office, and on the Town website and newsletter so that any resident interested in participating in activities of this nature or in otherwise making a contribution to the town government may record their background, areas of interest and availability. It is the policy of the Select Board to appoint qualified members of the public to the advisory committees. Page 21 of 39 VI. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS A. Select Board Appointments 1. Expiration Dates For appointments to standing committees is September 30, or until a successor is appointed and qualified, with the exception of the following: • Historic Districts Commission, expiration date December 31, in accordance with Ch. 447, Acts of 1956. • Lexington Housing Assistance Board (LexHAB), expiration date May 31, in accordance with Chapter 521 of Acts of 1983. • Registrars of Voters, expiration date March 31, in accordance with G.L. Ch. 51, s. 15. • Town Celebrations Committee, expiration date June 30 (Town By-Law, Article XV) • Election Officers between July 15 and August 15, in accordance with G.L. Ch. 541 S. 12. 2. Criteria The Select Board will be generally guided in its appointments by the Criteria for Committee Membership Policy. Whenever possible, the Board will seek variety in socioeconomic and cultural backgrounds, interests, ages, race and gender, length of residence and geographic areas of residents, so that a true cross section of the community will be reflected. In order to attract qualified and interested persons, vacancies will be made public as far in advance of appointment as practicable. 3. Process The Select Board will publish a list of the projected committee and board openings for the coming year, and the process for applying for Board or Committee Membership. A file of applications will be maintained throughout the year by the Select Board Office and Town Manager's Office, and made available to all town officials and employees who need to appoint members to committees or make use of resident talents and expertise. The Select Board's Executive Clerk will: • Present a list of the appointment vacancies to be filled by the Board. • Notify the Chair of the appropriate board or committee requesting recommendations regarding reappointment or the filling of vacancies. • Ensure candidates ethics training is up to date. Select Board Members may meet with potential new appointees before making a final decision on the appointment. Appointments will normally be made only when all members of the Board are present. Nominees do not require a second. Appointments will be made by a majority vote of the Board. Page 22 of 39 Annual appointments should be completed by September 30 or the statutory expiration date. After the Board has been formally notified by the Town Clerk that a vacancy exists, the Select Board will promptly recruit for candidates that meet the criteria above to fill an unexpired term. B. Town Manager's Appointments with Select Board Approval Under the Selectmen/Town Manager Act and other applicable laws, the Board must approve the Town Manager's appointments to: Board of Health, Commission on Disability, Conservation Commission, Council on Aging, Historical Commission, Recreation Committee, and Youth Commission. 1. Qualifications Applications for Town Manager appointments shall be submitted to the Town Manager's Office. 2. Process Individual members of the Board should feel free to suggest names of qualified residents to the Town Manager for the Boards and Committees appointed by him. As a matter of procedure, appointments by the Town Manager shall be made in the following manner: a. The Town Manager shall notify members of the Board well in advance of the vacancy becoming effective, or term of appointment expiration. b. The Town Manager will publicize annual appointments and the filling of vacancies in the same manner to be followed by the Board in its appointment procedures. (see Section A.3 above) C. The Town Manager will submit nominees to the Board no later than one week prior to the regular Board meeting at which the Manager will seek Board approval. Subsequent to step c, the Board will have on the agenda at a following Board meeting the matter of the appointment to be approved by the Board. In general, appointments will be acted upon only when all members of the Board are present. Approval will be by majority of the Board. Annual appointments shall take place no later than the expiration of a term. Appointments to fill an unexpired term should take place no later than six weeks after the Town Manager has been formally notified by the Town Clerk that a vacancy exists. Page 23 of 39 VII. RESIGNATIONS Under statute, all resignations of Town Officers, Board and Committee members must be in writing and filed in the Town Clerk's office. In addition, the written resignation shall also be sent to the appointing authority. Page 24 of 39 VIII. RELATIONS WITH OTHER TOWN BOARDS, COMMITTEES AND COMMISSIONS The Select Board is aware that coordination and cooperation is needed among the Town's major boards, committees and commissions, not only in the day-to-day operations of government, but also to: 1.) set town-wide goals and priorities; 2.) identify and anticipate major problems and plan for their resolution; 3.) develop a process for dealing with state government. Therefore, as the executive board historically responsible for the over-all leadership and coordination of town affairs, the Select Board will: Cultivate an atmosphere of mutual respect for each others' responsibilities and authority. Meet with the chairs of boards and committees to carry out functions 1-3 listed above. Schedule meetings of the Select Board, finance committees and school committee with Lexington's State Legislators to discuss legislative issues which affect Lexington. The Chair of the Select Board, in consultation with all members, shall appoint members of the Select Board to act in the liaison role defined above. The Board member assigned to a liaison function shall keep the Select Board advised of significant developments and activities. A. Appearance at Regular Board Meetings Boards, committees and commissions of the Town may request an appointment with the Board by making the request in writing to the Executive Clerk of the Select Board, stating precisely the reason for the appointment and the action desired. Boards, committees and commissions are requested to forward a copy of all pertinent material related to the subject matter to be discussed to the office of the Select Board, by Wednesday 12:00 Noon prior to the scheduled appointment. The Executive Clerk of the Board will notify those requesting an appointment of the time at which their appearance will be scheduled. Page 25 of 39 Ix. RELATIONS A. Relations with the Public The Board recognizes that it both represents and is accountable to all the residents of the Town. It is the Board's policy to make every effort to strengthen communications with the public. Measures will be instituted to increase resident participation, encourage public input into governmental decisions, and keep the public informed of all actions contemplated or taken by the Board, the Town Meeting, and the Town Manager which will affect them. To this end, the following steps will be taken: • Regular Board meetings shall contain an agenda item that allows the public to bring issues to the attention of the Board. • An individual or group may request an appointment before the Board by making a request in writing to the Executive Clerk of the Board stating precisely the reason for the appearance and the action desired and naming a spokesperson for the group. Participants shall be given the opportunity to make a reasonable presentation through the spokesperson to express opinions and ask for pertinent information. Background data shall be prepared by the boards and departments concerned prior to the appointment insofar as possible so that all parties involved can have a reasonable understanding of the subject matter. • Persons who will be affected by proposed Board discussion and/or action will be notified by the Executive Clerk of the date and time of the meeting at which the matter will be discussed or acted upon by the Board. • If the Board is considering matters of public concern at a regular meeting, the public will be allowed to ask questions or make statements relative to the matter under consideration at the discretion of the Chair or upon request of any member of the Board. • All questions and complaints are to be answered promptly. Questions and concerns relating solely to the Select Board Office shall be answered promptly by the Chair or at the direction of the Chair, the Executive Clerk. Those needing attention from the Board should be referred to the Chair for inclusion in the next meeting agenda • All other questions and complaints will be referred to the Manager's office for action or recommendations. B. Relations with Town Manager The Selectmen-Town Manager Act governs the relationship between the Select Board and Town Manager. Board members should be familiar with and abide by the terms of the Act. The primary role of the Select Board is to set policy. The Town Manager is responsible for Page 26 of 39 implementing that policy. The Select Board will leave to the Town Manager all the powers and duties as outlined in the Selectmen-Town Manager Act. The Town Manager will provide to the Select Board all information, facts and reports necessary to establish or modify policies. At any time, the manager may request guidance on matters of operation from the Board. As a matter of courtesy, individual Board members should speak with the Town Manager in private about any concerns or questions the members intend to raise publicly, and the Town Manager should schedule a time to discuss Board member concerns or questions within a reasonable time of a Board member request. C. Relations with Staff The Selectmen-Town Manager Act vests in the Town Manager direction, supervision, and evaluation of members of staff. Board members must respect this allocation and work through the Town Manager when information requests result in follow-up action by staff. Board members may ask staff questions through the Manager or directly when authorized by the Manager. If the Board seek reports or other work product, they should discuss it with the Manager before contacting staff. If Board members wish to take issue with a staff member's conduct or work product, they will do so privately with the Town Manager, not directly with the staff. Page 27 of 39 X. EMPLOYEE GRIEVANCES These are to be handled as delineated in the Town's Personnel Policies and Procedures. Under the Selectmen-Town Manager Act, the personnel practices are formulated by the Town Manager with the approval of the Board. If employee grievances are brought to the attention of a Board member, it shall be Board policy to proceed as follows: • Board Members will not intercede or interfere with the process. The employee will be shown the administrative process to be followed. • A meeting with the Board may be requested by any employee through the Board's Executive Clerk; the Board may defer such meeting until the administrative process has been exhausted. Page 28 of 39 XI. HEARINGS BEFORE THE BOARD Hearings before the Select Board generally shall be conducted in accordance with the following procedures. Variations may be necessary to comply with statutory requirements applicable to particular matters. The procedures for conducting hearings are hereinafter outlined: A. Alurenda Upon receipt of a request for a hearing, the hearing will be normally included in the agenda for a regular meeting. B. Notice The Executive Clerk will advertise the hearing and notify interested persons, such as abutters, as required by statute or as directed by the Chair in the absence of statutory requirements. Abutters shall be broadly defined to include a reasonable circle of neighbors who may be affected by actions of the Board. C. Procedures Hearings will be held in open session unless otherwise voted by the Board in compliance with the Open Meeting Law. The Chair will announce the nature and purpose of the hearing, identify the particular matter, and recite the notice given. Where appropriate, the Chair will outline the procedure to be followed. The order of presentation will be: • Statements by proponents • Receipt of recommendations from any Town agency, officer, or elected official. • Statements by opponents • Rebuttal statements by proponents and opponents • Public comment Where appropriate, questions may be asked of any person making a statement after the statement is finished. Questions will be accepted from members of the Board. The Board may permit persons to provide written comment. At the conclusion of the hearing, the Board may render its decision or take the matter under advisement, announcing the intended date of the decision. D. Utility Hearings Page 29 of 39 When a petition is filed by a utility company seeking permission to erect or construct a line or take any other action for which a public hearing is required by statute, the Department of Public Works, acting through its Engineering Division, will mail a notice on behalf of the Select Board notifying all owners of real estate abutting that part of the way upon, along, across or under which the line is to be constructed of the time and place of the hearing. It is the policy of the Board to expand notification to a reasonable area beyond immediate abutters. The notice shall be mailed at least seven days before the date of the hearing. The Chair of the Select Board may determine that notice should be sent to an expanded group of residents if it is determined that there are broader neighborhood considerations involved. • The Chair will open the hearing at the announced time. • Recognize representative of the utility company. • Read recommendations from Director, DPW/Engineering. • Take questions from the Select Board. • Take questions from the public. • Ask if anyone else is present in favor or in opposition: • If opposition, take additional, if any, questions from the public. • If opposition, take additional questions from the Select Board. • Close hearing. • Render decision or set date for a decision. Page 30 of 39 XII. LICENSES AND PERMITS A. Scheduling The Select Board's Executive Clerk will schedule licenses and permits. The Select Board issues the following licenses and permits: Alcoholic Beverages, Auctioneer, Automatic Amusement Devices (Video Games), Use of Battle Green, Beano, Common Victualler, Common Carrier, Entertainment, Fortune Telling, Garage/Yard Sale, Gasoline Storage, Innkeeper/Lodging House, Limousine, Parade, Sale of Second-Hand Motor Vehicles (Class I, II and III), Taxi/Hackney and Theatre. B. Applications Applications for licenses and permits will be available in the Select Board Office. C. Processing Upon payment of the appropriate fees, the Select Board Office will be responsible for processing all applications. D. Attendance In the interest of all concerned, it is recommended that persons requesting licenses or permits be in attendance at the Board meeting when the request is reviewed. The Board's Executive Clerk will notify all interested parties of the date and time of such review. Page 31 of 39 XIII. SPECIAL MUNICIPAL EMPLOYEES Special municipal employee status under the Conflict of Interest Law, G.L. Ch. 268A, may be assigned to part-time or unpaid town officials by a vote of the Select Board. The Board vote applies to the position held by an individual or individuals and not to a specific individual. A position designated by the Board as having "special" status remains such unless the designation is rescinded by a majority vote of the Board. Certain sections of the Conflict of Interest Law apply less restrictively to those holding positions designated as "special" for Conflict of Interest purposes. See Appendix C for a definition of a Special Municipal Employee and a list of the positions currently listed as "Special Municipal Employees". Page 32 of 39 XIV. WARRANTS The Select Board has the statutory responsibility for calling town meetings and preparing, publishing, and distributing the warrant for them. The Board governs what appears in the warrant, as well as the order of the articles. They insert articles on their own motion and, by tradition, all those submitted by official boards, committees and commissions. Under Massachusetts's law they must insert articles upon the written request of a specified minimum number of registered voters of the town filed by the warrant closing date (ten registered voters for an Annual Town Meeting and 100 registered voters for a Special Town Meeting). A. Annual Late November, early December the Board votes to call the Annual Town Meeting, stipulating the time and place of the meeting and the day the warrant will be closed for the submission of articles. During January, the Chair of the Select Board, or their designee and the Town Counsel, Town Moderator, Town Manager and the Board's Executive Clerk meet to establish the preliminary order of the articles, taking into account subject matter and efficient utilization of staff. The wording of articles is also reviewed. Town Counsel reviews the final wording of articles submitted by the Select Board and official boards, committees and commissions in consultation with the Moderator. By law, citizen (????) articles must be worded exactly as submitted. Residents are encouraged to have the Moderator and Town Counsel review the language prior to obtaining signatures. Town Counsel may be contacted through the Board's Office. B. Special The Select Board may call a Special Town Meeting at any time, but must call one on petition of 200 registered voters of the town. Such a meeting must be held not later than 45 days after the receipt of such a written request. The warrant must include all subjects requested by said petition. When the Board votes to call the Special Town Meeting they stipulate the time and place of the meeting and the warrant closing date. The process for drafting the warrant follows that outlined above in Section A, Annual Town Meeting. C. State and Federal Elections Wording for state and federal elections generally comes from the state. The Town Clerk's office shall provide the Select Board with a draft warrant. The Select Board Office shall prepare the warrant for Board signature and mail the warrant. Page 33 of 39 Procedures adopted on October 11, 1978. Selectmen's Expense Section of Procedures Adopted November 13, 1978. Procedures revised October 2005. Approved by Selectmen on October 24, 2005 Updated by Select Board on August 8, 2023 Page 34 of 39 POLICIES VOTED BY THE SELECT BOARD Page 35 of 39 REGULATIONS VOTED BY THE SELECT BOARD Page 36 of 39 APPENDIX A- CONFLICT OF INTEREST Page 37 of 39 APPENDIX B - POLICY FORM Page 38 of 39 APPENDIX C - SPECIAL MUNICIPAL EMPLOYEES Page 39 of 39