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2023-12-18 SB Packet - Released
SELECT BOARD MEETING Monday, December 18, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4 5 8 0 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. 2024 Class I/I I License Renewals CLASS I Lexington Toyota-409 Massachusetts Avenue CLASS II A to Z Auto Wholesale - 20 Vine Street Auto and Diesel Sales - 75 Westview Street Lexington Auto Center, Inc. - 1095 Massachusetts Avenue Lexington Auto Service, Inc. - 39 Bedford Street 2. 2024 Common Carrier License Renewals COMMON CARRIER M+L Transit Systems Inc. #160- 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn 3. 2024 Common Victualler License Renewals COMMON VICTUALLER Abbott's Frozen Custard - 1853 Massachusetts Avenue Akame Nigiri and Sake - 1707 Massachusetts Avenue#2 Clay Oven Indian Restaurant- 1666 Massachusetts Avenue Dunkin Donuts - 323 Marrett Road Great Harvest Bakery& Cafe- 233 Massachusetts Avenue Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue Pine Meadows Golf Club - 255 Cedar Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford Street The Hangar- 103 Hartwell Avenue The Upper Crust-41 Waltham Street The Vintage Tea and Cake Company L L C - 21 Muzzey Street When Pigs Fly Bread - 1756 Massachusetts Avenue 4. 2024 Entertainment License Renewals ENTERTAINMENT Revolution Hall- 3 Maguire Road Spirit of India- 321 Marrett Road 5. 2024 Liquor License Renewals ALL ALC OHOL/RE S TAURANT S Revolution Hall- 3 Maguire Road Royal India Bistro - 7 Meriam Street ALL ALCOHOL/INNHOLDER Inn at Hastings Park- 2013-2027 Massachusetts Avenue WINE/MALT Taipei Gourmet- 211 Massachusetts Avenue The Upper Crust-41 Waltham Street CLUBS Knights of Columbus - 177 Bedford Street Lexington Veterans of Foreign Wars (VFW) -2 Hayes Avenue Lexington-Waltham Elks Lodge #22 04 - 959 Waltham Street PACKAGE STORES Lexington Liquors - 7 Depot Square 6. Application: Battle Green Permit- MLK Day Commemoration Committee, Battle Green, 0 Massachusetts Avenue • 11 th Annual Martin Luther King Jr. (MLK) Day of Service Unity Walk • Road Closure for Parade on Massachusetts Avenue 7. Approve Select Board Meeting Minutes • November 15, 2023 Select Board • November 15, 2023 F Y2025 Financial Summit II • November 27, 2023 Select Board 8. Approve Select Board Committee Appointment Tourism Committee- Marie-Tristan Rago 9. Accept Select Board Committee Resignation • Mas sport Community Advisory Committee - Lexington Representative - Justin P ierc e 10. Approve and S ign Water and S ewer F inals ITEMS FOR INDIVIDUAL CONSIDERATION 1. Lexington Civic Academy Graduation 6:40p m 2. Liquor License Amendment- Change of Manager- UC New England LLC d/b/a 7:00pm The Upper Crust, 41 Waltham Street 3. Review and Approve High Performance Building Policy 7:05pm 4. Discuss Potential Liquor Licensing Expansion 7:15pm 5. Authorize Town Manager to Execute Hayden Easement-24 Lincoln Street 7:35pm 6. Discuss Committee Meeting Conduct Norms 7:45pm 7. Review Updated Draft Article List for 2024 Annual Town Meeting 8:05pm 8. Discuss FY2025 Program Improvement Requests (PIRs) 8:15pm EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase, Exchange, Lease or Value of Real 8:25pm Property ADJOURN 1. Anticipated Adjournment 8:55pm Meeting Packet:https:Hlexington.novusagenda.com/agendapubRc/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF laG5ETmNsRDVoZz09 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-meeting-law The next regularly scheduled meeting of the Select Board will be held on Monday, January 8, 2024 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and subject to change. e is Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER:TER• ITEM S NUMBER: Select Board Members LR.1 SUMMARY: Please see the attached Select Board Member Announcements and Liaison Reports for the December 18, 2023 meeting. Under this item, Select Board Members can also comment on any additional points, reports and concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type Select Board Announcements and Liaison Reports— December 18, 2023 Doug Lucente: Lexington Center Committee • Bus Stop—The Lexington Center Committee has unanimously agreed to endorse and recommend to the Select Board the relocation of the bus stop from its current location at 1684 Massachusetts Avenue to a new position at 1690 Massachusetts Avenue. This move will integrate the bus stop into an existing bump out connected to a crosswalk.This proposal is a new solution proposed by the Engineering Department. Lexington Youth Commission silver-inscribedUpdate on the Pat Flynn Outstanding Youth Award Background Information, 0 February 20, 1979:The Lexington Board of Selectmen approved the creation of the Outstanding Youth Award, based on a proposal by Mr. Winston "Pat" Flynn.The award involved issuing a Patriots' Day to a established.distinguished Lexington youth. Lexington Youth Recognition Committee, a subcommittee of the Lexington Youth Commission,was 0 1979- 1996:The award annually recognized up to three graduating seniors from Lexington for exceptional community service, achievements, and character. Fund to provide a monetary award to the recipients. 0 1997-2022:The award continued honoring up to three seniors with a monetary prize funded by the Charles Ferguson Fund. 0 October 24, 2022:The Lexington Select Board accepted the terms of the Pat Flynn Youth Fund, managed by the Trustees of Public Trusts,which included additional involvement from the Lexington Veterans Association. 0 December 12, 2023: A meeting was convened to address changes to the award due to the Pat Flynn Youth Fund. Attendees included Deb Hankins and Shannon DeGuglielmo (Chair and Vice Chair, Lexington Youth Commission), Doris Kraemer(Recent Chair, Lexington Youth Recognition Committee), David Williams (Trustees of Public 0 January 6, 1997: The Lexington Board of Selectmen voted to use the.Charles Ferguson SelectionLinda Dixon (Lexington Veterans Association), a Flynn family representative, and Doug Lucente (Select Board Liaison to LYC).The group unanimously agreed on several points: The following items are recommended for a Select Board vote-, • Renaming of the Award:The Outstanding Youth Award will now be called the "Pat Flynn Outstanding Youth Award," in honor of Pat Flynn's legacy and his initiation of the award in 1979.The award criteria and the tradition of awarding up to three youths remain • . Composition-. Funding include a member from the Lexington Veterans Association. • Distribution-. . . Fund and the Pat Flynn Youth Fund. Each recipient will receive a minimum of , using interest income first and the Pat Flynn Youth Fund's principal if needed.The Charles Ferguson Fund will contribute through its interest income only. Commun*lcat'lon and Acknowledgment:The Patriots' Day speech, delivered by a Select Board Member, and literature about the award will highlight the financial support from both the Charles Ferguson Fund (starting in April 1997) and the Pat Flynn Youth Fund (starting in April 2023). Next • Request the Select Board to formally endorse these changes for transparent and consistent management of the award and communicate these updates to the Select Board Staff,the Lexington Youth Commission, and the Trustees of Public Trusts. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager TM.1 SUMMARY: Attached please find the Town Manager's Weekly Updates for the following weeks ending on: • December 8, 2023 • December 15, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type F) Weekly update 12.08.23 Backup Vlatei�al F) Weekly Update 12.15.23 1.1ackup V11(aterial .r4^ IN u« d' 1775,2025 «- N i^SAn wunu«ir u«. 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 8, 2023 RE: Weekly Update The following is an update of activities for the week ending December 8, 2023: Town Manager Updates: • I've appointed Suzie Barry and Sandhya Iyer to serve as the IMA designees for the 250th celebration along with representatives from Concord, Lincoln and Arlington. • Attached please find the agenda tracker for upcoming Select Board meetings. Land Use Housing and Development: • Boston 25 published this piece last week. Lexington is mentioned, overall this about the MBTA communities zoning law and local community action: h, W 'law t ���, i i %III III. nt1/ .. . 7' ��������1 I E l '',T.,' :� 7Y / • Last week, VHB presented the draft Town-wide Bicycle and Pedestrian Plan to the Select Board. The Plan considers infrastructure improvements to build-out our pedestrian and bicycle networks as well as programmatic actions to create a safe roadway culture. The draft plan, prioritized lists, and appendices are posted on the website: """P strian"",,Plan Select Board members and staff are encouraged to provide feedback to Sheila Page at.. 1 in t o n by December 22 to be incorporated into the final document. Public Facilities: • The HVAC system has been completed as of 12/8/23 therefore meetings after this date may be scheduled in person in the Select Board Meeting Room. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Agenda Tracker IIFTEMNAME IIPROPOSED MINUTES UESGREPTIGN2024 Annual License Renewals 18-Dec-23 0 Class DATE SELECT BOARD WORK SESSION - This discussion is relative to the other lot on Discuss Use Restrictions for 38A 11-Dec-23 30 Lowell Street adjacent to LexFarm and whether Lowell Street it should be included in the conservation restriction for the entire parcel. SELECT BOARD WORK SESSION - This will be a continuation of the discussion from Town Manager's Performance 11-Dec-23 30 11/27 on the Town Manager's annual Evaluation Review performance evaluation. This would be to review the scaled-down noise SELECT BOARD WORK SESSION - bylaw proposal that Joe Pato developed based Discuss Proposed Updates to 11-Dec-23 15 on the Working Group proposed changes Noise Bylaw (confirm with Joe, but I don't believe there are changes to the Working Group's proposed changes, there are only fewer changes). ® , Common Victualler, Entertainment, Liquor...Innkeeper, Common Carrier?? The MLK Day Commemoration Subcommittee Battle Green Use Request& Road would like to hold its 1 1th Annual MLK Day of Closure Request - MILK Day 18-Dec-23 0 Service with a Unity Walk from the Battle Green Commemoration Subcommittee down Massachusetts Avenue to Cary Memorial Building on 1/15 (Police; Fire; Grounds) Select Board ®Minutes 18-Dec-23 ° 11/15 Summit; ®vic Academy Graduation 18-Dec-23 20 Invite academy graduates, hand out certificates The Board will have an initial presentation High Performance Building Policy® ...seeking feedback on 11/13. This would be to go 18-Dec-23 over any changes es from the initial discussion and approve the policy Follow up from 11/13/2023 meeting - review and discuss updated SB Alcohol regulation version Discuss Potential Liquor Licensing® from Town Counsel, also discussion about Expansion® 18-Dec-23 expanding section 12 Beer and Wine available license, will need a warrant article (requested by C. Kowalski on 11/27/2023) Town Meeting approved the easement and the Hayden Board approved the easement and Authorize the Town Manager to notified the Town on 11/30. The Select Board execute the Hayden Easement 18-Dec-23 10 needs to authorize the Town Manager to execute the easement document so that Town Counsel can file at the Registry after Hayden executes the agreement. To develop new meeting norms (and review ® past norms from the No Place for Hate Meeting Conduct Norms PLACEHOLDER- 18-Dec-23 to be shared with all ® Committee) Boards/Committees for them to review at the beginning of every meeting. At a recent Summit, a consensus was reached to move the Central Office to 173 Bedford Street, demolish the current building and Discussion on Use of 173 Bedford 8-Jan-24 60 construct recreation fields ahead of the high Street- HOLD school project. There were some questions regarding the potential of leasing space and the Town Manager provided a follow-up analysis subsequent to the Summit. The SB asked to have this on a future agenda for discussion. The Board previously discussed the potential dog park locations, for staff to move forward, we ® 8-Jan-24 15 need to have a discussion to see whether there is agreement on the best site. Discuss Potential Relocation of the Discussion on a request received from Pam Conte's Bike Shop Bus Stop 8-Jan-24 20 Lyons regarding moving the bus stop on Massachusetts Ave. Draft Warrant Presented 8-Jan-24 30 SELECT BOARD WORK SESSION - FY2025 Town Manager's Preliminary Budget& Financial Planning u' 70, wl I Town of Lexington F y lvi-di^- f�K r Town Managers Office n James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Kelly Axtell, Deputy Town Manager DATE: December 15, 2023 RE: Weekly Update ending December 15, 2023 Finance On December 4th Governor Healy signed Chapter 77 of the Acts of 2023. Section 9 of the Act amends G.L. Chapter 44, Section 53 to include a fourth clause which specifically allows Opioid settlement funds to be set aside into a Special Revenue fund. Going forward Opioid Settlement funds will no longer be recorded as general fund revenues and will not require a Town meeting appropriation. Staff will create a new Special Revenue fund which can be spent at the direction of the Town Manager, and funds will accumulate and be available for their designated purpose until spent. Please see attachment for more information. Town Manager's office: • Resiliency and Sustainability- please see attached Green Community Summary • We received an update about ARPA funding and wanted the Select Board to be aware of the deadline. SMT will discuss at their next meeting as well: EXPLANATION OF THE PROBLEM: The Department of The Treasury(UST) recently released a 12023 Interimi for the Coronavirus State and Local Fiscalc taLfRFwhich provides a new definition of"obligation" in regard to the December 31 st, 2024 deadline for the local obligation of ARPA funds. Obligation is defined as, "An order placed for property and services and entry into contracts, subawards, and similar transactions that require payment." This would mean that by the end of next year, every municipality in the country would need to enter a contract to spend all of their ARPA funds. You can view the'UST here.slides on the 2023 Interim Final Rule In particular, slide 12 shows a case study that says that under the new rule,UST specified that local legislative appropriation of ARPA funds does not meet the standard for obligation. You can view the UST's Obligation Finalrule here. On page 3 of the pdf, UST notes that it considered allowing local legislative "appropriation, budget, or allocation processes" to count as an obligation, but they decided against it because it"would not provide a standard that could be applied consistently across recipients." 1 WHY WE ARE CONCERNED: From those of you who have shared your ARPA spending with us, we know that some of you have still yet to put complete spending plans before your City Councils or Select Boards. Those of you who have local legislative approval for the spending have told us how limited local contractors and supply chain issues have driven up bid prices to the point that many of you have been pulling down RFPs to wait out the market. Under this new definition for obligation, you would be forced to go out to bid within the next year, further flooding the local markets and raising bid prices to the point that the amounts of ARPA approved by your local legislative bodies may no longer be enough to complete the projects. This definition would effectively require that local governments choose between paying the higher bid prices or losing the funds. NEXT STEPS: UST is currently soliciting comments on the Interim Final Rule. We encourage you to consider in advance of the deadline on Wednesday, December 20th, 2023. Facilities • Please see attached monthly report on Lexington PD from Dore +Whittier Land use, Housing and Development Planning: The state has determined Lexington to be compliant with the new MBTA Communities law. Lexington and Salem are the first town's to receive an official compliance determination. Planning Board has submitted the following zoning amendments to the Annual Town Meeting warrant: • Amend Sign Bylaw to increase allowable signage in certain circumstances, allow additional types of signs, streamline sign approval process • Modifications to Short Term Rentals to limit property one listing, prohibit combining with rooming units, and limit number of vehicles • Amend Table of Permitted uses to expand permitted uses in zoning districts, amend eating and drinking establishments, amend definitions • Remove porches from Gross Floor Area Calculation • Placeholder to amend Inclusionary Housing requirements for Village &Multi-Family Overlay Districts to require greater than 10% of a project's total dwellings to have inclusionary dwellings • Technical corrections to correct any errors Human Services Senior Services: • The sold-out Holiday Senior lunch was held on Thursday, December 14th and was a great success. Please congratulate Irene for her winning the ugly sweater contest! 2 ........... -MT 0'A .............. .......... Green Communities Annual Report Summary FY2023 Attachment 1 Date of Annual Report Preparation:1 2/1 3/2023 9:33:03AM Prepared by: Maggie Peard Title of Preparer:sustainability&Resilience Officer Green Community Information Municipality: Lexington Baseline Fiscal Year: 2008 Criterion 1: As-of-Right Siting Criterion 1 is met by a municipality passing zoning in designated locations for the as-of-right siting of renewable or alternative energy generating facilities, research and development facilities, or manufacturing facilities. Type of as-of-right siting approval received: Research & Development, Solar PV, Manufacturing Have any significant changes been made to the zoning district(s)for which the community received Green Communities designation? No Criterion 2: Expedited Permitting Criterion 2 is met by a municipality adopting an expedited permitting process of one year at most, under which facilities interested in locating their facility in a designated renewable zone may be sited within the municipality. Type of expedited permitting approval received: Local Clean Energy Project Permitting This table shows any changes made in FY2023 to clean energy projects on record that have been accepted for approval under the zoning for which the community received Green Community Designation. Name Type Description Status Decision Date {none} Criterion 3: Energy Use Baseline & Energy Use Reduction Plan To demonstrate compliance with Criterion 3, municipalities must. • Establish an energy use baseline inventory for municipal buildings and facilities(which can include schools, water, wastewater treatment plants and pumping stations, and open space),street and traffic lighting, and vehicles;and • Adopt an Energy Reduction Plan(ERP)demonstrating a reduction of 20 percent of energy use after five years of implementation. Community Baseline Year: Energy Reduction Progress Category Baseline(FY2008) FY2021 FY2022 FY2023 NULL 71665 41230 41643 41217 Use(MMBTU) -44.82% -39.43% -44.98% %Diff from Baseline Building 110,374 93,618 103,021 84,848 Use(MMBTU) -15.18% -6.66% -23.13% %Diff from Baseline Open Space 772 502 622 687 Use(MMBTU) -34.93% -19.36% -10.96% %Diff from Baseline Street/Traffic Lights 7 7 7 7 Use(MMBTU) 2.02% 2.02% 2.02% %Diff from Baseline Vehicle 15,350 Use(MMBTU) %Diff from Baseline Adjustments Building Stock Changes 0 -71123 -81323 -71073 Regional School Districts Totals 1341167 911234 991969 82,685 % Diff from Baseline -32% -25.5% -38.4% Energy Conservation Measures (ECMs) Changes made to the community's ECM record for FY2023 Location ECM Name Status Start Date End Date Lexington DPW Induction Street Lights Complete Street Lights Top 5 Buildings per Energy Use In FY2023,municipal operations used 82,685 MMBtu of energy. The five buildings below accounted for 72%of the community's overall energy use. Building Name Energy Consumption MMBtu (%of overall energy use) 1. Lexington HS 32,907 (40%) Building Name Energy Consumption MMBtu (%of overall energy use) 2.Wm Diamond MS 91577(12%) 3.Jonas Clarke MS 81348(10%) 4.Town Office/Cary Hall 41561 (6%) 5. Cary Memorial Library 41528 (5%) Top 5 Buildings per Emissions In FY2023, there were 4,969 MTCO2e emitted from municipal operations. The five buildings below accounted for 71%of the community's overall emissions. Building Name Emissions MTCO2e(%of overall emissions) 1. Lexington HS 11885(38%) 2.Wm Diamond MS 567(11%) 3.Jonas Clarke MS 498(10%) 4. Cary Memorial Library 283(6%) 5.Town Office/Cary Hall 283(6%) Top 5 Buildings per Energy Use Intensity(EUI) Energy Use Intensity(EUI)is calculated by dividing the total energy consumed by the building in a year by the building's square footage. EUI is a measure of a building's energy efficiency-like miles per gallon for cars-and can be a good indicator of buildings needing efficiency upgrades. Building Name Size(Square Feet) Energy Consumption MMBtu EUI(kBtu per ft2) 1. Lexington HS 352,470 32,907 93 2.Town Office/Cary Hall 54,864 4,561 83 3. Branch Fire Station 51250 431 82 4.Town Pool 31150 235 75 5. Central Administration Building 46,637 31460 74 Energy Narrative: Sincei its baseline, even as building stock increases. The Town continuesr ii grants, implementing conservationseveral new energy Additionally the Town has taken advantage of several incentive programs through MassSaves and UtilityIncentives implement LED lighting retro-fits throughout many of the school and municipal . power purchase agreement was made withfor six multiple Municipal and School buildings increasing utility Facility2017 Lexington added a 2.2 MW ground mounted array at the Lexington Compost finalizedthe Town ith Ameresco to install additional constructionat several School Buildings.As of November 2021, the rnearing completion. ipates the new solar arrays will go online . Sincei , Lexington has also constructed, renovated, and acquiredr i i , which has resulted in increasing buildingconstruction exceed the stretch energy code.These new school building enrollment needs rise and programmatic needs change. The addition of air conditioning in educational spaces has increased the use of electricity as well. Multiple town committees have engaged in developing an integrative design process for all new building project to incorporate health, resilience, and energy efficiency/dependency measures for sustainability and climate change. New design criteria has been implemented to build all electric buildings, which will allow for the Town to strive for net-zero or net-positive goals with future solar rooftop, canopies, and battery storage. The construction of a new Pre-K building was completed, the Lexington Children's Place, with students and staff moving in at the beginning of the 2019-2020 School Year. This is an all electric building with roof mounted and canopy PV solar arrays. The PV solar arrays were operational in 2023. The building is operating as a net positive school, producing more solar generation then it consumes annually. The new Hastings Elementary School was constructed in Fiscal Year 2020, and was occupied by students and staff in February 2020. Fiscal Year 2021 was the first full year the building was fully occupied. This building is also an all electric building and has roof mounted and canopy PV solar arrays and battery storage. It is operating as a Net-Zero Building based. The town has continued to make a commitment to renewable energy, not only generated locally, but through its community choice aggregation program that guarantees the town will be supplied with 100% renewable energy. The Town continues to be creative in ways to reduce peak demand. Over the last several years demand response capabilities were added at all Elementary School and Middle School Buildings which allow for load shedding during peak use times. Criterion 4: Fuel Efficient Vehicles Fleet Changes for FY2023 Criterion 4 requires a//departments within a Green Community to purchase fuel-efficient vehicles for municipal use, whenever such vehicles are commercially available and practicable. Status Model Year Make Model Trim Added + Trailer Added + Trailer Added + Trailer Added + Trailer Added + Trailer Added + Unable to Decode Added + 2021 Fo rd F-350 Super Duty Added + 2022 Fo rd Explorer Hybrid Police Interceptor Utility Added + 2022 Fo rd Explorer Hybrid Police Interceptor Utility Added + 2022 Fo rd Explorer Hybrid Police Interceptor Utility Added + 2022 Fo rd F-1 50 Police Responder Added + 2022 Fo rd F-250 Super Duty Added + 2022 Fo rd Mustang Mach-E Select Added + 2022 Fo rd Mustang Mach-E Status Model Year Make Model Trim Added + 2022 Fo rd Mustang Mach-E Select Added + 2022 Fo rd Mustang Mach-E Select Added + 2023 Chevrolet Silverado 250OHD Work Truck Added + 2023 Fo rd Mustang Mach-E Added + 2023 Fo rd Mustang Mach-E Select Z0 A L"ity t e a R& 2018 �Dodge 0 "I"''N", Has the municipality transferred any vehicles from one department to another? No Criterion 5: Stretch Code Adoption Criterion 5 requires that municipalities minimize the life-cycle cost of a//newly constructed homes and buildings. DOER recommends communities do this by adopting the Stretch Code(225 CMR 22 and 23). Is Stretch Code still in effect?Yes Has the community adopted the Specialized Opt-in Stretch Code? Yes How many occupancy permits were issued for new commercial construction over 100,,000 sq.ft.? 1 Stretch Code Narrative: The new HERS requirements for renovations under the updated stretch code is a major change that has required some effort from our Building Dept to get used to. In Lexington, we are prepping for the Specialized code and the Fossil Fuel Free pilot to go into effect, so the biggest thing has just been communication. We would have liked to see more support from the state on trainings and communication about this. Other Notes Additional Measures Narrative: Signed a contract with Power Options to complete a Municipal Building Decarbonization Roadmap next year, which will position us to apply for Green Communities 2.0. Renewable Energy Narrative: Some of our municipal accounts are on the Town's Community Choice program which offers 100% renewable energy (42% MA Class I RECs, 58% National Wind RECs). Other accounts are on our municipal supply contract which is also 100% renewable energy(32% MA Class I RECs, 72% National Wind RECs). The Town also has many onsite solar PV systems, which generate 4,428,102 kWh/year. The behind the meter arrays that the town owns generate 3,189,200 kWh/year.The total solar generation represents about 40% of the Town of Lexington's annual electricity use. The report must be signed by the community's Chief Executive Officer.The Chief Executive Officer is defined as the manager in any city having a manager and in any town having a city form of government, the mayor in any other city, and the board of selectmen in any other town unless some other officer or body is designated to perform the functions of a chief executive officer under the provisions of a local charter or laws having the force of a charter.Any signatures of designees will be considered an attestation that the signatory has been designated the designee by the municipality. I confirm that I have reviewed this report and verify all information is true. James Malloy Print Name Town Manager Title .......................... Signature 1 2� 1 3�23 Date GCARS, Rev.11/21/2023 Attachment 2 a_ ell; P „N 1 ............. .............. DIVISION OF LOCAL SERVICES, MA DEPARTMENT OF REVENUE Bulletin 2023-7: G.L. c. 44, § 53 Clause 4 - Opioid Settlement Receipts The Division of Local Services Director of Accounts has issued Bulletin 2023-7. On December 4th,2023, Governor Healey signed Chapter 77 of the Acts of 2023. Section 9 of the law provides, in part, for an exception to the legal requirement that all receipts are to be recorded as general fund revenue per G.L. c.44, §53 for Opioid Settlement Receipts. Municipalities now have the option to account for these receipts in a special revenue fund. BUL-2023-7—G.L. c.44, §53 Clause 4: Opioid Settlement Receipts To access IGRs, LFOs and Bulletins, please visit this webpage. You are receiving this message through the Massachusetts Department of Revenue's Division of Local Services DLS Alerts system. These periodic notices include our City&Town e-newsletter,IGRs,Bulletins,Cherry Sheets and other municipal finance-related information.To unsubscribe to DLS Alerts and the City&Town e-newsletter,please email dls ale rts(cDdor.state.ma.us. Attachment 3 L(3.,xin 9 ton Police De p artment Monthly Re p ort ----------------- �i lin ,r r 1 i Q ui u�IIu I III�V,Il���p li`lug lii���i November TownofLexin ton NIA 9 1 f` r r i IIIIIIIIIpII IC iio� molC l r� F Con.Avrnwotructmion Work Completed October 2023: *Vanaria excavated trenches from the onsite Electric manhole to Mass ave. and North to the East side of the building for the main electric feed. *Griffin installed conduit in both trenches for Eversource inspection. After they passed inspection the trenches were encased in concrete and backfilled for future expansion. *The remainder of the Brownstone was delivered on 3 separate trucks. *Lighthouse Masonry started laying out, cutting and installing Brownstone around the perimeter of the Building. *Interior high voltage and tele-corn low voltage wiring was continued on both floors as needed by Griffin Electric. *Griffin was continuing water and drainage systems on 1st and 2nd floors. *Ongoing rough installation of the sprinkler system was continuing on the 1st and 2nd floors. *Pioneer Framing Finished the 1st floor framing and is near finished on the 2nd floor. They have started installing drywall on sides of the interior walls after approved by the inspectors and will continue as work progresses. *Insulation was blown into the outer walls and interior walls are being insulated as work progresses. *Ductwork and HVAC units are nearing completion. *HVAC ducts and coolant pipes are being insulated. *Water pipes are continuing to be insulated. *Greenfield Glass is prepping frames and installing glass and metal filler panels in their frames on both floors. *Firestopping is being installed in all walls and ceiling areas where there are penetrations. *Color concepts is spraying all interior CMU walls with sealant. *The cell doors arrived and CMU walls are being installed around them. *Vanaria made a road cut on mass Ave for conduit for Tele-com low voltage lines. *Griffin installed conduit and the trench was backfilled and topped with asphalt. *Vanaria excavated and installed footings for the light poles on the north and west side. *Vanaria excavated and applied structural fill on the West elevation for the sidewalk near the Cary Bldg. *Vanaria did a pressure test on the main water feed from Mass ave. to the interior of the building. Required inspections and testing were performed throughout the month. Work Scheduled November 2023: *Exterior brick and brownstone will continue and should be completed by the end of December weather Permitting. *Phase 2 of the window water and wind testing will be done as required. *Exterior window glass and panels should be in the final stage. *Soffit trim and gutters will be completed and metal roof panels will continue to be installed. *Cell area should be completed. *Continue with Electrical and Plumbing installation. *Continue with wall and ceiling installation and painting. *Terrazzo floor in main entrance should be completed. *Bathroom wall tile installation will be ongoing. *Site utilities will continue based on access and changes. *Asphalt Binder is scheduled to be installed on the Northwest elevation. *Antenna and Transformer pads will progress based on approvals. 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Av' � JN uV .��.. � k N Nl, li N ,.�,., �I .,�,., k4 ��� m� m� �.w e �w w . �e�r��r�e�rvna ��^l� � � ��� w�.A� ��.rc�rc d�a�r�,>urcae ...ma �.. I Nrw»Rrcwrc�ry` flw��° .... ...... 12/6/23 9-1-1- Finish Building Exterior - 1/12/23 First Floor Interior - 1/29/2 Second Floor Interior Compl - 2/26/2 Designer Building ist Complete - 3/11/2 Substantial i 4/9/202 Attachment 4 Agenda Tracker ITEM NAME PROPOSED MINUTES Description DATE 2024 Annual License Renewals 18-Dec-23 0 Class 1/11, Common Carrier, Common Victualler, Entertainment, Liquor The MLK Day Commemoration Subcommittee would like to hold its 1 1th Battle Green Use Request& Road Annual MLK Day of Service with a Unity Closure Request- MLK Day 18-Dec-23 0 Walk from the Battle Green down Commemoration Subcommittee Massachusetts Avenue to Cary Memorial Building on 1/15 ® ; Select Board Minutes 18-Dec-23 0 Summit 11; / Approve Select Board Committee ........Appoint Marie-Tristan Rago to the Appointment 18-Dec-23 0 Tourism Committee (as part of the October recruitment) Justin Pierce resigning as the Lexington Accept Select Board Committee Representative to the Massport Resignation® Community Advisory Committee effective 12/31 Approve and Sign Water and Sewer 18-Dec-23 0 Email request from Robin on 12/12 Finals - November 2023 Civic Academy Graduation ...:Invite academy graduates, hand out ® certificates Liquor License Amendment-Change No hearing required. Change of of Manager-The Upper Crust, 41 18-Dec-23 5 Manager on Upper Crust Waltham Street The Board will have an initial presentation seeking feedback on 11/13. High Performance Building Policy® 18-Dec-23 10 This would be 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 ®Discuss Potential Liquor Licensing regulation version from Town Counsel, Expansion® 18-Dec-23 also discussion about expanding section 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 Discuss Committee Meeting Conduct 18-Dec-23 20 review past norms from the No Place for Norms Hate Committee)to be shared with all Boards/Committees for them to review at the beginning of every meeting. Annual Town Meeting DRAFT Article 18-Dec-23 10 Updated List of Articles for Annual Town List- Updated Meeting Review requested Program Discuss FY25 Program Improvement Improvement Requests and provide Requests 18-Dec-23 10 preliminary Select Board feedback for the Town Manager to consider while preparing the White Book. More detailed discussion will occur in January. To consider the purchase, exchange, Exemption ® To Consider the lease or value of real property if the chair Purchase, Exchange, Lease or Value 18-Dec-23 30 declares that an open meeting may have of Real Property a detrimental effect on the negotiating position of the public body Fred Weiss to be reappointed to the Select Board Committee 8-Jan-24 0 Lexington Retirement Board for a three- Reappointment year term (term expires on 1/11 -- need updated ethics training) 2024 Annual License Renewals 8-Jan-24 0 Any remaining renewals Approve Select Board Meeting 8-Jan-24 0 11/29 Dept Budget; 11/30 Dept Budget; At a recent Summit, a consensus was reached to move the Central Office to Discussion on Use of 173 Bedford 173 Bedford Street, demolish the current Street- HOLD 8-Jan-24 15 building and construct recreation fields ahead of the high school project. The CEC asked for an affirmative vote from the SB. The Board previously discussed the potential dog park locations, for staff to Discussion on Dog Park Location 8-Jan-24 15 move forward, we need to have a discussion to see whether there is agreement on the best site. The Arts Council has requested to paint 3 additional utility boxes (similar to previous requests) and all three are ok to Request to Paint Utility Boxes ® , REview and Approve Town Manager Follow up on previous meetings on the ® Manager'sown Evaluation Evaluation discussion SELECT BOARD WORK SESSION - FY2025 Town Manager's Preliminary Budget& Financial Planning White Book... AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Class I/II License Renewals PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.1 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Class I/I I 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 I/I I License: CLASS I Lexington Toyota-409 Massachusetts Avenue CLASS II A to Z Auto Wholesale - 20 Vine Street Auto and Diesel Sales - 75 Westview Street Lexington Auto Center, Inc. - 1095 Massachusetts Avenue Lexington Auto Service, Inc. - 39 Bedford Street SUGGESTED MOTION: To approve the 2024 Annual Class I/II License Renewals for the following businesses: CLASS I Lexington Toyota-409 Massachusetts Avenue CLASS II A to Z Auto Wholesale - 20 Vine Street Auto and Diesel Sales - 75 Westview Street Lexington Auto Center, Inc. - 1095 Massachusetts Avenue Lexington Auto Service, Inc. - 39 Bedford Street Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Common Carrier License Renewals PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the 2024 Annual Common Carrier 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 fo llo wing business holding a Common Carrier License to operate the L exp re s s buses: COMMON CARRIER M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn SUGGESTED MOTION: To approve the 2024 Annual Common Carrier License Renewals for the fo llo wing business to operate the Lexpress buses: COMMON CARRIER M+L Transit Systems Inc. #160 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #161 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #162 - 60 Olympia Avenue, Woburn M+L Transit Systems Inc. #163 - 60 Olympia Avenue, Woburn Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Common Victualler License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.3 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 Abbott's Frozen Custard - 1853 Massachusetts Avenue Akame Nigiri and Sake- 1707 Massachusetts Avenue#2 Clay Oven Indian Restaurant- 1666 Massachusetts Avenue Dunkin Donuts - 323 Marrett Road Great Harvest Bakery& Cafe - 233 Massachusetts Avenue Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue Pine Meadows Golf Club - 255 Cedar Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue Revolution Hall- 3 Maguire Road Starbucks #7553 - 60 Bedford Street The Hangar- 103 Hartwell Avenue The Upper Crust- 41 Waltham Street The Vintage Tea and Cake Company LLC - 21 Muzzey Street When Pigs Fly Bread - 1756 Massachusetts Avenue SUGGESTED MOTION: To approve the 2024 Annual Common Victualler License Renewals for the following businesses: COMMON VICTUALLER Abbott's Frozen Custard - 1853 Massachusetts Avenue Akame Nigiri and Sake- 1707 Massachusetts Avenue#2 Clay Oven Indian Restaurant- 1666 Massachusetts Avenue Dunkin Donuts - 323 Marrett Road Great Harvest Bakery& Cafe - 233 Massachusetts Avenue Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue Pine Meadows Golf Club - 255 Cedar Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford Street The Hangar- 103 Hartwell Avenue The Upper Crust-41 Waltham Street The Vintage Tea and Cake Company L L C - 21 Muzzey Street When Pigs Fly Bread - 1756 Massachusetts Avenue Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Entertainment 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 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 Revolution Hall- 3 Maguire Road Spirit of India- 321 Marrett Road SUGGESTED MOTION: To approve the 2024 Annual Entertainment License Renewals for the following businesses: ENTERTAINMENT Revolution Hall- 3 Maguire Road Spirit of India- 321 Marren Road Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2024 Liquor License Renewals PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY Category:Decision-Making The Select Board is being asked to approve 2024 Liquor License renewals for the establishments listed below. The licensees have supplied the necessary paperwork for the renewal. Of note: The Knights of Columbus is working with the Building Department to schedule their reinspection of items which required attention for their Building Inpection Permit. ALL ALCOHOL/RESTAURANTS Revolution Hall- 3 Maguire Road Royal India Bistro - 7 Meriam Street ALL ALCOHOL/INNHOLDER Inn at Hastings Park- 2013-2027 Massachusetts Avenue WINE/MALT Taipei Gourmet- 211 Massachusetts Avenue The Upper Crust-41 Waltham Street CLUBS Knights of Columbus - 177 Bedford Street Lexington Veterans of Foreign Wars (VFW) -2 Hayes Avenue Lexington-Waltham Elks Lodge#2204- 959 Waltham Street PACKAGE STORES Lexington Liquors - 7 Depot Square SUGGESTED MOTION: To approve the following 2024 Annual Liquor License Renewals: ALL ALC OHOL/RESTAURANT S Revolution Hall- 3 Maguire Road Royal India Bistro - 7 Meriam Street ALL ALCOHOL/INNHOLDER Inn at Hastings Park- 2013-2027 Massachusetts Avenue WINE/MALT Taipei Gourmet- 211 Massachusetts Avenue The Upper Crust-41 Waltham Street CLUBS Knights of Columbus - 177 Bedford Street(issuance of this license will be pending an approved builidng inspection permit). Lexington Veterans of Foreign Wars (VFW) -2 Hayes Avenue Lexington-Waltham Elks Lodge#2204- 959 Waltham Street PACKAGE STORES Lexington Liquors - 7 Depot Square Move to approve the consent FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Battle Green Permit - MLK Day Commemoration Committee, Battle Green, 0 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category:Decision-Making MLK Day Commemoration Committee Battle Green Permit Application: The MLK Day Commemoration Committee, with sponsorship from the Town Celebrations Committee and the Lexington Human Rights Committee, is requesting permission to use the Battle Green on Monday, January 151 2024 from 12:4 5p m to 1:3 0p m for the purpose of a gathering as part of a Unity Walk for the 11 th Annual MLK Day o f S ervic e and 31 s t C o mmemo ration o f Martin Luther King, Jr. Day. T he Unity Walk will b egin at 12:4 5p m starting from Grace C hap e 1 and arriving at the Minuteman Statue at approximately 1:00p m at the Battle Green. The Unity Walk will then proceed down Massachusetts Avenue towards the Cary Memorial Building, where it will disperse. The Police Department, Department of Public Works, Town Manager's Office and the Fire Department have no objections to this request. MLK Day Commemoration Committee Road Closure Request: The MLK Day C o mmemo ration Committee is requesting one lane of Massachusetts Avenue from the Battle Green to Cary Memorial Building be closed to all but resident emergency traffic from 12:45pm to 1:30pm on Monday, January 15, 2024 for the pure o s e o f a Unity Walk as p art o f the 11 th Annual MLK Day o f S ervic e and 31 s t C o mmemo ration of Martin Luther King, Jr. Day. The wallc/p arad e down Massachusetts Avenue will disperse at Cary Memorial Building, 1605 Massachusetts Avenue. The Police Department, Department of Public Works, and Fire Department have no objections to this request. The Police Department will coordinate a police escort and the road closure. SUGGESTED MOTION: To approve the request from the MLK Day Commemoration Committee to use the Battle Green on Monday, January 15, 2024 from 12:4 5p m to 1:3 0p m for the purpose of a gathering as part of a Unity Walk for the 11 th Annual MLK Day o f S ervic e and 31 s t C o mmemo ration o f Martin Luther King, Jr. Day. To approve the request from the MLK Day Commemoration Committee for one lane of Massachusetts Avenue from the Battle Green to Cary Memorial Building, 1605 Massachusetts Avenue, be closed to all but resident emergency traffic from 12:45pm to 1:30pm on Monday, January 15, 2024 for the purpose of a Unity Walk as p art o f the 11 th Annual MLK Day o f S ervic e and 31 s t C o mmemo ration o f Martin Luther King, Jr. Day. Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type 11th Annual Lexington MILK Day of Service Monday, January 15, 2024 The Town of Lexington will hold its 31st commemoration of Dr. Martin Luther King, Jr. Day with its 11th Annual MLK Day of Service by shepherding our community to take part in assisting those in need. Our objective is to engage and mobilize people of all ages to participate in events and activities to serve others. United in philanthropy under the auspices and sponsorship of Lexington's Human Rights Committee and the Town Celebrations Committee, our target this year is to serve 2,500+people through 700+ volunteers. To sign up and volunteer, visit lexingtonmlk.or_g. Got questions?Email us at mailto:lexin_gtoncommunity(a-gmail.com. MILK Day Program (times are yet to be finalized) Morning Note:All morning programming will be in person and take place at Grace Chapel, 59 Worthen Rd, Lexington, MA 02421. • 9:00—9:45 a.m.: Commemoration Program and Performance Opening Ceremony. Brief and uplifting performances by Lexington literary performer Regie O'Hare Gibson. • 10:15—12:30 a.m.:Annual Community Conversation on Race opened by a performance by the Special Needs Arts Program (SNAP)Sing Along Chorus. Please mark your calendars. All are invited to the annual Lexington Human Rights Committee- Community Conversation on Race. The Voting Rights Act was passed in 1965 to ensure state and local governments do not pass laws or policies that deny American citizens the equal right to vote based on race. On June 25, 2013, the Supreme Court swept away a key provision of this landmark civil rights law in Shelby County v. Holder. Join us for a thoughtful panel discussion as we explore the 60th anniversary of the 1964 Civil Rights and the 1965 Voting Rights Acts. We will delve into the critical impacts of the Voting Rights Act, and our discussion will explore the historical context of the fight for voting rights,the sacrifices made and Dr. King's vision more than sixty years ago.We will engage in a dialogue with our neighbors on safeguarding voting rights, democracy and our duty to uphold the principles enshrined in these landmark acts. QUESTIONS?-please contact 41hrcchair@gmail.com*Note-There will be a limited number of virtual seats available where `in-person' is not an option • 12:40 p.m.and leave by 12:45 p.m.: Unity Walk starting from Grace Chapel arriving at Minuteman Statue at 1:00 p.m. then Lexington Battle Green and ending at Cary Memorial Hall. Afternoon 9 a.m.—3 p.m. Charitable Donation Drop-offs,at Grace Chapel, 59 Worthen Road, Lexington. Donate non-perishable food items for the Lexington Food Pantry; new toys for girls ages 6-12 for Birthday Wishes; books, DVDs, CDs, video games and other media for More Than Words; gently-worn kids clothing (winter layers for kids preferred),well-preserved used toys for Cradles to Crayons; gift cards and new winter gear(sleeping bags, blankets, socks,jackets). • 2—4 p.m.Teens for In-Home Help for Seniors. Help senior citizens with small, indoor or outdoor jobs and around their homes like changing hard to reach light bulbs or batteries in smoke detector, raking leaves, clearing snow from walkways, refilling bird feeders, picking up boxed donations to drop off at Goodwill,donating food items to the Food Pantry and more. • 2—4 p.m. Fleece Blanket Making at Grace in the Commonwealth Room. Family-friendly activity making warm fleece items for newly settled families at the ALOFT in Lexington and the Waltham Family School for newly-arrived immigrants and their families in Waltham. • 2-4 p.m. Card Making at Grace in the Courtyard.Join us to make cards of appreciation for Valentine's Day and National Salute to be given to the Veterans at the Bedford VA, active overseas military personnel,the many healthcare workers at Lawrence Community Health Centers, and essential workers in Lexington. • 4 p.m.—5 p.m. Online Dismantling Racism. Many of us want to be anti racist. Oftentimes,antiracism is conceived in ways that are unintentionally excluding many. We need to ask ourselves when we work toward racial justice,who all are we including?Join us! AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Meeting Minutes PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.7 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the fo llo wing set of minutes: • November 15, 2023 Select Board • November 15, 2023 F Y2025 Financial Summit 11 • November 27, 2023 Select Board SUGGESTED MOTION: To approve and release the following minutes:November 15, 2023 Select Board; November 15, 2023 FY2025 Financial Summit II and November 27, 2023 Select Board. Move to approve the consent FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type F) DRAFF 1115202.3 Select f.k)ard,ry.-iinutles 13ackUp Material F) DRA FT It 152023 Financial Sury-m-rit,11 ry-finutles 1-kickUp Material F) DRAFT 11272,02.3 Select f.k.)ard,ry-finutle fklckup M"att.,rial SELECT BOARD MEETING November 15, 2023 A remote participation meeting of the Lexington Select Board was called to order at 6:45 p.m. on Wednesday,November 15, 2023 via hybrid meeting services. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; and Ms. Axtell, Deputy Town Manager. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve License Agreement with Eversource for Lexington Police Station Project Mr. Malloy explained that, on some of the Town's buildings,where there are more complex electrical connections,the Town has a license agreement with Eversource. Due to the solaribattery connections and the two transformers set up with Eversource, Eversource is requiring a license agreement for the Police Station. There is a timing issue to keep the Police Station project on track. Also,the electrical connection is in Massachusetts Ave., and excavation will be needed again. This work has a seasonal moratorium, and the work needs to be completed due to seasonal concerns. Ms. Hai asked about the proposed placement of the new manhole. Mr. Cronin,Director of Public Works, explained that this will not be an accessibly manhole cover and will not impact users of the park. This manhole is already in place. Ms. Barry asked how much digging will be done into the street. Mr. Cronin explained that there will be digging 30' onto the street to tie into the property line. This project will start as soon as possible, and work will not take more than a week. In the spring, this area will be restored. Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the license agreement as attached and further to authorize the Town Manager to execute the license agreement. DOCUMENTS: License Agreement ADOURN Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to adjourn the meeting at 6:48 p.m. A true record; Attest: Kristan Patenaude Recording Secretary FY2025 Financial Summit II Select Board, School Committee, Appropriation Committee Capital Expenditures Committee November 15, 2023 The Budget Summit II meeting was called to order by Select Board Chair Joe Pato at 7:00 p.m. on Wednesday,November 15, 2023 via hybrid meeting services. Present for the Select Board(SB): Mr. Pato, Chair; Ms. Barry, Vice Chair; Ms. Hai;Mr. Lucente; and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk Present for the School Committee (SC): Ms. Sawhney, Vice Chair; Ms. Jay; Ms. Lenihan; Mr. Freeman (7:14pm arrival); Dr. Hackett, Superintendent of Schools; and Mr. Coelho, Assistant Superintendent for Finance and Operations. Present for the Appropriation Committee (AC): Mr. Parker, Chair; Mr. Ahuja; Mr. Bartenstein; Mr. Levine; Mr. Michelson; Mr. Osborne Present for the Capital Expenditures Committee (CEQ: Mr. Lamb, Chair; Mr. Kanter,Vice Chair and Clerk; Mr. Cole; Ms. Rhodes;Ms. Beebee;Mr. Boudett. Present for the Recreation Committee (RC): Mr. DeAngelis,Mr. Boutwell, Mr. Fantasia, Mr. Bassik; Ms. Sheth; Mr. Li; Ms. O'Brien; Ms. Battite, Recreation Director; Ms. Dean, Community Center Director; Mr. Coleman, Assistant Director of Recreation Also present: Ms. Kosnoff,Assistant Town Manager for Finance ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Lexington High School Construction Project and Five-Year Capital Budget and Financing Plan Mike Cronin, Director of Public Facilities presented regarding the use of 173 Bedford Street as swing space as part of the high school project as it relates to recreational needs and the cost of renovating the current Central Office for the School Department. The Capital Plan has 173 Bedford Street up for next Town Meeting, in terms of an elevator,HVAC system, and sprinklers. The top floor of the building cannot be used at this time, due to lack of an elevator and an HVAC system. Regarding the Central Administration Building, Mr. Cronin explained that it is currently rated an F. The building needs approximately$15M worth of work at this time. This space is much larger than the School Department currently needs,per a recent space study. The two athletic fields proposed to be placed at Harrington are to replace the 5-6 lost fields at Center Recreation during the high school project. By the end of the project, the number of fields in place will be equal to or more than currently existing. During construction,the diamond fields will be lost. Mr. Malloy explained that,under Article 97,the same footprint of existing fields in size and quality must be replaced. Regardless of wetlands issues,the architects will need to lay out the project in a way for this to occur. There was discussion regarding the potential land swap that could occur and questions to be posed to Town Counsel. In response to a question from Mr. Cole (CEC), Mr. Cronin explained that some of the items up for discussion this evening are if the Harrington building should be torn down and,if it is not torn down and Central Office needs to be moved,where these offices will move into, such as into 173 Bedford Street. Ms. Kosnoff explained that there is a large amount of money in the FY25 Capital Plan which starts the domino effect for these buildings which is what needs to be discussed. Ms. Lenihan(SC) stated that she fully supports tearing down old Harrington and using that land for fields, as long as that land remain under the authority of the School Committee. Mr. DeAngelis(RC) stated that he does not want to lose sight of the fact that, on a temporary basis of approximately 4-5 years,the baseball field,the softball field, and the JV baseball field will be lost.Many of the sports played on those fields are played under the lights. There will need to be discussion regarding re-lamping another area on a temporary and permanent basis. He reminded everyone that the Town currently has a crown jewel of a recreation complex in the center of Town,and it needs to be replicated. There needs to be more creative discussion on how to replace the lost fields. Ms. Jay(SC) stated that it seems to be evident from the original building of the new Harrington School that the agreement was to build on the field that existed at that point,and that the old Harrington building would stay as school property. The School Committee's job is to maintain control of land that maybe needed for school uses in the future.New fields that are built could be for the benefit of both the Schools and the Recreation Department. Mr. Cronin explained that a solution is being sought for the Central Administration Building issues, which would require the building to be moved to a swing space for some time. Moving of this building will likely take approximately five years. The field construction at this location would likely take place in 2025-2026. Ms. Kosnoff reviewed the five-year Capital Plan. Mr. Sandeen(SB) stated that he would like to consider moving the Central office out of the current building and into a commercial office space. One of the best options the Town has for affordable housing is 173 Bedford Street and the current plan would delay that for around ten years. Mr. Lamb (CEC)noted that the FY26 park improvements/athletic fields probably has approximately$4M of Community Preservation Act(CPA)funding. He asked if this has been broached with the Community Preservation Committee(CPC). Ms. Kosnoff stated that some of the project will likely be funded with CPA money. The breakout for the project will be determined approximately one year from now. Mr. Boutwell(RC) asked if a recreation field project belongs in the five-year Capital Plan, if the land at Harrington lies in the responsibility of the School Committee. Mr. Lucente (SB) asked about the reliability of the$6M proposed for the 173 Bedford Street project. Mr. Cronin stated that he believes the project can be done for less than$6M. In response to a question from Mr. Sandeen(SB),Mr. Cronin explained that the minimum amount of space the Central Office would need at the new at 173 Bedford Street location is approximately 17,000 s.f. Placing the same needs at the new High School would require approximately 10,000 s.£ Keeping the Central Office at 173 Bedford Street location could lead to a reconfiguration of the building for a permanent stay,potentially resulting in a more expensive project than$6M. Mr. Sandeen stated that it appears to be beneficial to move these offices into the new High School for a number of reasons. Ms. Sheth(RC) explained that the parking that supports existing staff at the High School should be considered. She asked if the site could sustain additional parking from Central Office staff being moved there. Mr. Cronin stated that this has been examined with the architects. There are many current inefficiencies that can be improved upon. Parking can likely be expanded out by approximately 600 additional vehicles on site,which is about 50%more than the current amount. The groups discussed the question of whether the Central Administration building should be demolished to allow the site to be used for fields and moving the Central Office into the 173 Bedford Street location at least temporarily. Mr. Pato (SB) summarized the consensus that we should move forward with plans for both items. He noted that more work was needed on the issues raised regarding long-term control of the recreation fields, funding sources,timing, and the potential for multiples structures and uses at 173 Bedford Street beyond just the use of the existing building for swing space. Nonetheless,the consensus direction is to move forward. DOCUMENTS: Building Project Update—11.14.2023 2. FY2025 Financial Summit II • Review of FY2025 Revenue Projections • FY2025 Revenue Allocation Model • Establish Future Summit Dates Ms. Kosnoff presented the FY25 projected revenue. The total property tax levy is projected to increase 3.82%. The total general fund operating revenues are projected to increase 3.3%. The total general fund operating revenues for FY25 is approximately$289M,which is a 3.3% increase, and what is proposed to be allocated. This budget sets aside approximately$1 M in Free Cash. There is currently$12.85M in Free Cash that can be dedicated to the capital program. This is money that does not have to be bonded and allows for ongoing programs to continue. Out of the $289M projected for new revenue, $282M is being used to maintain level service operations. This leaves $6.7M of new revenue to be used for the municipal and school departments to maintain operations and potentially implement program improvements. This $6.7M is split up between the Town and School budgets,with the municipal departments receiving approximately 26% or$1.76M, and the School Department receiving 74%, or approximately$5M. This comes out to a 3.72%increase in municipal and school department operating budgets compared to last year. There was discussion regarding the 30 new families staying in Town and projected costs. Mr. Boudett(CEC) asked if funding should continue to be placed into programs that are two or more years behind, such as certain street improvements. Ms. Kosnoff explained that she and the Town Manager feel comfortable that the funding requests made by departments are for projects that are truly proposed to be used. Sometimes timing and scheduling items delay certain projects. Ms. Kosnoff noted that the White Book is planned to be presented on January 25,2024. DOCUMENTS: Revenue Allocation Model. FY2025 Revenue Prcjections_11.15.2023 ADJOURN Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to adjourn the meeting at 9:40p.m. The Appropriation Committee, Capital Expenditures Committee and School Committee followed suit. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING November 27, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday,November 13, 2023, via a remote meeting platform. Mr. Pato, Chair;Ms. Barry,Mr. Lucente,Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager;Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Barry noted that the Board received an email from Town Counsel on Friday,November 17th, regarding possible Executive Session. As this is a time sensitive issue, Board members should reply back to this message as soon as possible. She also noted that the 250th Committee has a draft call to artists that will be being going out in December. Finally, since the previously Summit, she spoke with the Chair and Vice Chair of the Recreation Committee, and they would like to work as partners with the High School project,but do not have a seat at the School Building Committee table. They are hoping a collaboration can begin shortly, as they are concerned about fields not being like for like, such as the loss of some lighted fields. Temporary fields are essential in the interim. Regarding redevelopment of Old Harrington for much needed community-wide recreation fields,they are in favor,but have some concerns regarding who will control the scheduling of the use of the fields. Mr. Lucente noted that the workshop held the weekend before the holiday was very well attended. He thanked Staff for putting this together. Ms. Hai stated that the next meeting of MAGIC, Metropolitan Area Planning Committee,will be held next Tuesday morning and will be focused on zoning items related to municipal solar projects. Also, LexSeeHer noted that initial stonework has been installed for the project. Based on Board comments,the artist was able to include the names of the historic figures in the monument. The unveiling ceremony is currently tentatively planned for Wednesday, May 15th DOCUMENTS: Correspondence Secretary Report-November 27, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy stated that,regarding the potential redraft to the Board's Alcohol Policy, a Home Rule petition may be needed to increase the number of beer and wine licenses available in Town because these are currently at a max of seven. A Tree Bylaw working group has been created. The Stone Building architect has been selected and will begin working. He also noted that over the last few weeks a grant of$200,000 was received from MBTA to help cover the cost of the Lexpress service, and a $55,000 grant was received from the United States Tennis Association for hard court surfacing. Mr. Sandeen expressed gratitude to Sustainability and Resilience Officer, Maggie Peard, for the superb work she did on the Building Energy Use Disclosure Ordinance, and all others who helped in the process. DOCUMENTS: Weekly Update 11-10-23, Weekly Update 11-17-23, Weekly Update 11-24-23 CONSENT AGENDA 1. Approve and Sign Water and Sewer Finals and Commitments To approve and sign the following attached Water and Sewer Finals and Commitments: Commitment of August 2023 Finals $25,700.83 Commitment of September 2023 Finals $10,410.90 Cycle 9 Billing July 2023 $572,896.89 Cycle 9 Billing August 2023 $296,575.43 Cycle 9 Billing September 2023 $388,349.94 DOCUMENTS: SB 11-27-23 2. Approve Select Board Committee Appointments&Accept Committee Resignation Resignation: • Hanscom Area Towns Committee- Select Board Member-Doug Lucente Appointments: • Communications Advisory Committee - Shabbir Bagasrawala • Community Preservation Committee-Kathryn Roy • Design Advisory Committee: o Hema Bhatt o Nishanth Veeragandham • Hanscom Area Towns Committee- Select Board Member-Mark Sandeen • Housing Partnership Board- Samita Mandelia • Lexington Bicycle Advisory Committee-Thomas Shiple • Lexington Council for the Arts: o Susan Benson o Alix Fox o Eric Hellweg • Lexington Housing Assistance Board(LexHAB)-Thomas Donahue • Lexington Human Rights Committee: o Lois Bruss o Stephanie Ryan • Transportation Advisory Committee-Nishanth Veeragandham • Tree Committee-Gavin Grant • Vision for Lexington Committee: o Sara del Nido Budish o Ambalatharasu Sivabalan • Zoning Board of Appeals-Associate Member-Jeanne Krieger To accept the resignation of Select Board Member Doug Lucente from the Hanscom Area Towns Committee effective immediately. To appoint the committee members with terms as indicated in list included with the meeting packet (Select Board Committee Appointments-November 27, 2023). DOCUMENTS: 2023 Communications Advisory Committee Application- S. Bagasrawala,2023 Community Preservation Committee Application-K. Roy, 2023 Design Advisory Committee Application-H. Bhatt, 2023DesignAdvisoryCommitteeApplication-N.Veeragandham, 2023 Housing Partnership Board Application- S. Mandelia,2023 Lexington Bicycle Advisory Committee Application- T. Shiple, 2023 Lexington Council for the Arts Application- S. Benson, 2023 Lexington Council for the Arts Application-A. Fox, 2023 Lexington Council for the Arts Application-E. Hellweg, 2023 Lexington Housing Assistance Board(LexHAB)Application-T. Donahue, 2023 Lexington Human Rights Committee Application-L. Bruss, 2023 Lexington Human Rights Committee Application- S. Ryan, 2023TransportationAdvisoryCommitteeApplication-N.Veeragandham, 2023 Tree Committee Application-G. Grant, 2023 Vision for Lexington Committee Application- S. del Nido Budis,2023 Vision for Lexington Committee Application-A. Sivabalan,2023 Zoning Board of Appeals Associates Application-J. Krieger, Select Board Committee Appointments-November 27, 2023 3. Approve Select Board Meeting Minutes:November 6,2023 Select Board,November 7,2023 Select Board,November 13, 2023 Select Board To approve and release the following minutes: November 6,2023 Select Board,November 7,2023 Select Board,November 13, 2023 Select Board DOCUMENTS: DRAFT 11062023 Select Board Minutes, DRAFT 11072023 Select Board Minutes, DRAFT 11132023 Select Board Minutes 4. Accept Fund Terms—The Michael J.Robinson Scholarship Fund To accept the terms of the Michael J. Robinson Scholarship Fund,which will be managed by the Trustees of Public Trusts. DOCUMENTS: The Michael J. Robinson Scholarship Fund Terms 5. Application: One-Day Liquor License—All Court Enrichment, Inc.,475 Bedford Street • All Court Enrichment(ACE)Fundraiser To approve a One-Day Liquor License for All Court Enrichment, Inc. to serve beer and wine at the indoor Lexington Tennis Club, 475 Bedford Street, for the purpose of a fundraiser for All Court Enrichment (ACE) on Friday, December 15, 2023 from 6:00pm to 9:00pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for Verizon- Stedman Road, Parcel ID#24-77 Mr. Pato opened the hearing at 6:46pm. He explained that this hearing is for a request from Verizon New England Inc. to lay and maintain underground conduits,manholes, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes, substantially as shown on the Plan marked-VZ N.E. Inc.No. 1A4L7FV dated January 5, 2023,under the following public way or ways of Lexington: •Stedman Road: Place one new four-inch(4") conduit approximately 20' in a northerly direction from existing conduit to pole,P.6-2X. Said pole is located on the westerly side of Stedman Road. The Engineering Department reviewed the request provided the following comments: 1. Access to this work is directly off of the school access road so work may impact school operations. It is recommended that all work be coordinated with the School and Public Facilities. 2. Additionally,there is guardrail impeding access to the construction zone. This rail must be reinstalled at the end of each workday. 3. If other arrangements are requested they should work through Engineering for approval. Additionally, since this site is conservation land,the petitioner has obtained the necessary approvals from Conservation Commission as shown in the Conservation Commission Order of Conditions permit included in this packet. Ranj eetha Prabhu,Verizon Representative,reviewed the proposal. Mr. Sandeen stated that Verizon came before the Board for a grant of location in September 2019. As part of that grant of location, there was a contingency that Verizon address a couple of unsafe poles that were in that location. It has now been four years since Verizon committed to comply with that commitment to the Town and repair that particular pole and that work has not been completed. He stated that he cannot support any further Verizon grants of location until Verizon has completed the work that they committed to complete to the Select Board in September 2019. There was no public comment at this time. There was discussion regarding the proposed motion and items to be included. There was discussion regarding Mr. Sandeen's point and that this should be included as a separate request to Verizon for compliance. Mr. Pato closed the hearing at 6:59pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-1 to approve a Grant of Location to Verizon New England Inc,to lay and maintain underground conduits,manholes, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings, substantially as shown on the Plan marked-VZ N.E. Inc.No. 1 A4L7FV dated January 5, 2023 under the following public way of Lexington: Stedman Road: Place one new four-inch (4") conduit approximately 20' in a northerly direction from existing conduit to pole, P.6-2X. Said pole is located on the westerly side of Stedman Road. The Grant of Location is subject to the conditions of the Conservation Commission Order of Conditions and approved Conservation Site Plan as well as subject to Verizon coordinating this work with the School and Public Facilities and compliance with conditions enumerated by the Engineering Department. DOCUMENTS: Petition/Plan/list of Poles, Conservation Commission Order of Conditions Permit, Order of Conditions for Grant of Location 2. Grant of Location for Eversource- 1575 Massachusetts Avenue Mr. Pato opened the hearing at 7:00pm. Joanne Callendar, Eversource Representative, explained that this hearing is for a request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by K. Rice dated November 1, 2023,under the following public way or ways of Lexington: • Massachusetts Avenue-Westerly from manhole MH 1665 8, at the intersection of Massachusetts Avenue and Woburn Street,install approximately 148 feet of conduit. This work is being requested for the provision of additional underground electric service to new Lexington Police Station building. Mr. Pato noted that the Engineering Department reviewed the request and have no objection to the petition. There was no public comment at this time. Mr. Pato closed the hearing at 7:01 pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by K. Rice dated November 1, 2023, under the following public way of Lexington: Massachusetts Avenue Westerly from manhole MH16658, at the intersection of Massachusetts Avenue and Woburn Street, install approximately 148 feet of conduit. DOCUMENTS: Grant of Location peition/plan,Poles within 500ft of project 3. Update on Bike/Pedestrian Plan Mr. Pato noted that the Board has received a large volume of messages in the past few days regarding specific sidewalk projects. This session is not a review of those specific projects,but rather an introduction to the Bike/Ped Plan as a whole and the methodologies for establishing priorities. The Board may opine about projects or methodologies,but it will not vote on any of these or set priorities this evening. Ms. Barry stated that she lives on Burlington Street in the area that the potential sidewalk has been discussed. She spoke with Town Counsel and was told that if the Board could separate the two issues, she could remain to discuss the update on the Bike/Ped Plan; otherwise, she would need to recuse on the entire Bike/Ped Plan discussion. Mr. Pato reiterated that no specific projects would be discussed this evening. Sheila Page, Assistant Planning Director, explained that the Town-wide Bicycle and Pedestrian Plan was developed with community input from three public forums, meeting with several committees, and a working group over the course of a year. This meeting will orient the Board to the Plan's development and recommendations and for the Board to ask questions and to provide comments. Comments will then be incorporated into a final draft to be presented at a meeting in early 2024. At that meeting,the hopes is that the Select Board will vote to adopt the Plan for Staff to use as a guiding document to develop annual work plans and the five-capital plan. After the Plan's adoption, Staff expects to meet with the Select Board to make more detailed implementation decisions to carry out the Plan. Phil Goff,VHB,presented the draft Plan. Mr. Sandeen stated that the Plan addresses main safety concerns for all ages and all abilities,which is the real impediment to increasing ridership in Lexington. He stated that he hopes the success of this Bike/Ped Plan will result in building separated bike planes in Town. He noted the importance of e-bike parking in Town. He would support the idea of developing and adopting a Bike Walk Infrastructure Policy. He stated that he believes providing bus shelters for public transportation riders should be a requirement,not just as spaces are available. He stated that he believes additional paved areas along the bikeway are important. He would also like to consider that the Town adopt a policy or a bylaw requiring property owners to keep sidewalks clear of snow and/or vegetation. He stated that he would like to focus on the encouraging the transition to e-bikes in Town instead of only regulating their use. Ms. Hai noted that the goals in the Plan do not speak to a general quality of life. Parts of Town are not accessible to other parts of Town except by cars for a variety of different reasons. This should be a consideration within the Plan goals. Mr. Lucente asked if the crash data within the Plan includes bicycle on bicycle crashes or bicycle and pedestrian crashes. Mr. Goff stated that he believes anything that was reported to State or local police was included as a crash. Mr. Pato asked for public comment at this time. He noted that questions will be addressed by Staff at a later time. Tom Shiple, 18 Phinney Road, stated that he would like to see more information in the Plan regarding formalizing some of the smaller connector trails in Town. Sara Bothwell Allen, 158 Burlington Street, stated that many people in her neighborhood have strong feelings regarding the lack of sidewalks in this area of Town. In reviewing the priority maps shown this evening,the great expanse of north Lexington is almost entirely ignored. Many of these areas are without access to Lexpress and the ability to walk to other parts of Town. She encouraged those involved to consider these outer areas of Town. Dawn McKenna, 9 Hancock Street, expressed concern regarding additional work proposed in the Center in terms of prioritizing recommendations. She asked about the threshold for deciding that any particular intersection had the level of safety concern with accidents to make it a high priority. Foley Verma, 3 Graham Road, stated that she supports that Lexington should be safe and walkable for all residents, no matter their abilities or where they live. However, discarding completely inaccessible streets that were already set to be discussed and instead giving priority to streets that already have sidewalks, is not the right way to achieve that. She urged everyone to maintain the momentum of existing sidewalk projects and stick to the originally understood timeline before adopting new plans in the future. Vinita Verma, 3 Graham Road, stated that, as a proponent of the Burlington and North Street sidewalk, she wants to know if people will be kept in the loop and if the Bike/Ped plan and the previous sidewalk requests will be two different projects. There were no additional public comments at this time. DOCUMENTS: Bicycle and Pedestrian Plan Presentation, Draft Report, Draft Report Appendices, Evaluation Worksheets 4. Discuss Unhoused Families Placed in Lexington Joanne Belanger, Director of Public Health, made a distinction between unhoused families and families that are here through the refugee and asylum program. The unhoused population deals with the domestic homeless. This shelter deals strictly with refugees and asylum seekers. The State is in Phase 4 of the process. The Town's shelter is considered an EA, Emergency Assistance, shelter.It does not have staff on hand,but the National Guard is at the site. The first families arrived in October. This started with six families and is now up to 30 families. The families are all processed through the Welcome Center. Staff continues to meet with the State, including the Office of Preparedness and Emergency Management and the Office of Local and Regional Health, along with others involved in public health. The immunization status of families, including those with children attending the schools, is being reviewed and addressed. Flu and COVID-19 clinics will also be held. There are some gaps in the services offered that have been identified. Appropriate winter clothing is being identified and distributed to those who need it. Food has been an issue and outside sources are being sought to supplement this. Volunteers continue to prioritize the privacy and confidentiality of these families. Mr. Pato noted that there are many members of the community who are looking for ways to help provide support for these new residents. Much of the process needs to be run through the State at this time. Mr. Lucente suggested gathering groups in Town who may be able to help for short weekly meetings to coordinate efforts. He also noted that Bedford has a great website that outlines the process in that town and how people can best help. Ms. Belanger noted that Staff started working on the webpage for Lexington today. Ms. Hai stated that she would help Staff get on the distribution list for MMA meetings on this topic. Representative Michelle Ciccolo stated that she has been speaking with administration officials to figure out how the Town can be more supportive of the shelter and what the State needs to be doing to provide additional resources. She noted that there is not significant funding for ESL for adults, except for through the State's operating budget. This is an area that the community could get involved in. Other areas include childcare and emergency transportation, such as when children need to get picked up from school. Mr. Sandeen noted that the shelter is in a location in Lexington that is very difficult to access without a car. There is likely also a need for everyday ordinary transportation for those refugees living in hotel rooms in Town. He suggested that the Town consider providing a community gathering place outside of the shelter for these families to visit. He would like to hear more about how the Town can address mental health concerns for these families. Jessie Steigerwald asked for a way to identify areas that the Town and State cannot help in at this time, so that volunteers may be able to fill these gaps. A public place for these families to meet would help with inclusion. Bob Pressman, 20 Locust Avenue,noted that the Town has a very well stocked food pantry and additional donations of food could be made to help these families. DOCUMENTS: Volunteer Group Update 5. Housing Partnership Board and Lexington Affordable Housing Trust Board of Trustees' Recommendations for Real Estate Transfer Fee Legislation Mr. Pato explained that the Select Board asked the Housing Partnership Board and the Affordable Housing Trust to provide advice on pending legislation regarding real estate transfer fees to support the creation of affordable housing. The Affordable Housing Trust endorsed these bills, the Housing Partnership provided a set of pros and cons to consider. Harriet Cohen, Housing Partnership Board,presented to the Board regarding the HPB's recommendations. The first recommendation talks specifically about H.2747 and Senate S.1771. By a vote of nine in favor, one against and one abstaining,the HPB is recommending that the Select Board endorse passage of these bills. This recommendation is to endorse passage of the bill such that Lexington has an option of imposing a transfer fee. The bill allows,but does not require,municipalities to implement the transfer fee. If Lexington does impose a transfer fee, it would add substantial funds to provide for affordable housing in Lexington. The member against stated that the effects of the transfer tax on nonresidential property owners, was not well understand and that the cost of affordable housing should be borne by all landowners. The second recommendation, with a vote of ten in favor, one against, and no abstentions, states that the HPB recommends that if a transfer fee bill is enacted, the Select Board appoint a committee, like the Affordable Housing Trust Study Committee, to study whether to implement a transfer fee. In summary, the majority of HPB members view the transfer fee as a potential important source of funding for affordable housing in Lexington and believe that Lexington should give itself the opportunity to assess that funding source. In furtherance of that goal,the action requested is for the Board to endorse passage of the transfer fee bills. Mr. Sandeen stated that, as a member of the Affordable Housing Trust,the Trust unanimously recommended that the Select Board support passage of the article that was presented tonight. In addition, the Affordable Housing Trust also recommended unanimously that the Select Board support passage of two Home Rule petitions that are the result of Lexington Town Meeting votes in November 2020 and April 2021,to establish linkage fees on both residential and commercial properties,which are now House Bill H.2741 and House Bill H.2740. Ms. Hai stated that she supports the transfer fee but has some concern regarding the coordination/compounding of the two linkage fees and the transfer fee. She would like to have a discussion regarding the implementation of both these items should the transfer fee pass. Mr. Lucente stated that he believes this would do a lot to fund affordable housing but this, if enacted, could have a large impact on everyone who owns property in Lexington. He would like to see the finalized bills. It will be important for the community to understand and support this. He would support this going to a Town-wide vote. Mr. Pato asked for public comment at this time. Margaret Heitz, 335 Marrett Road, stated that both the legislature's bill and the Governor's bill are live and active in the legislature for consideration. She stated that she believes the Governor and the legislature will hammer out a single bill that considers features from both of the proposals. Lexington, and other towns/committee/etc. can have input. If the legislation does pass,the Town can customize it in many ways. If this is not passed,there will be no opportunity to consider it. Melinda Walker, 14 Larchmont Lane, asked the Board to join the growing list of municipalities endorsing this important local option. Passage of this legislation will have a positive effect on municipalities across the State as they develop community responses to the housing crisis. One of the best things about this local option is that it eliminates the juggernaut that Home Rule petitions face in the Massachusetts legislature. Elaine Tung, 5 Franklin Road, stated that she went to a Massachusetts Housing Partnership Housing Institute in June and heard representatives from the Cape&the Islands discuss the potential impact of the transfer fee. For them, over 50%of their housing is secondary homes. They have an enormous crisis and are unable to house workers that come in the summers. This impacts everyone who lives there year-round. This legislation will be incredibly vital in order to help them out of this situation. It is important for Lexington to support its fellow communities and allow them to make their own initiatives. Mr. Pato stated that he heard from several Board members in favor of this, with some concerns about how the bills will come out and how implementation might go forward. He suggested that the Board draft a letter to its legislative delegation supporting the general idea for proceeding with a bill that integrates the key features of the transfer fees which Lexington would then determine how to implement. Ms. Hai suggested including support for elements of local control. The Board agreed. The Board took a five-minute recess. DOCUMENTS: HPB Presentation-Real Estate Transfer Fees, Affordable Housing Trust Recommendation 6. Update on MIT Lincoln Laboratory Facility Modernization Dave Pronchick, MIT Lincoln Laboratory, explained that, at the end of 2022, Congress passed a new law allowing MIT to obtain a 50-year lease at no cost,with a conveyance of 22 USAF buildings/facilities to effectuate future modernization at MIT Lincoln Labs. Chris Patterson, Design Lead at Capital Projects Office Lincoln Laboratory,presented an update on this proj ect. Mr. Sandeen asked about the specifics of the 50-year lease. Mr. Pronchick explained that there are five parcels included,three of which are in Lexington. Mr. Patterson stated that the design for these buildings follow the federal guidelines for sustainability. The Lab also seeks to go beyond the minimum sustainability requirements. DOCUMENTS: Presentation, 10 USC 2669 7. Review and Approve American Rescue Plan Act(ARPA) Request-Air Quality in the Vicinity of Hanscom Field Barbara Katzenberg, Hanscom Field Advisory Commission,presented the request for an air quality study for Hanscom. The study request is for$6,250 which is 25% of the local match of$25,000 which will match a Massport contribution of$25,000 for a total study cost of$50,000. Funds have been committed by the towns of Lincoln and Bedford, and decisions from Concord and the Massport Community Advisory Board are awaited. Mr. Pato noted that the Board had requested an update on the gift funds in the Select Board account as an alternate funding option. Carolyn Kosnoff confirmed the last remaining funds from that account were used in 2022 for the Select Board's retreat and the fund has been fully expended. Mr. Sandeen explained that one of the reasons that the Hanscom Field Advisory Commission requested this study was because they felt that the draft environmental impact statement by the proponents was not considering air pollution appropriately, and that this study would allow some indication of what the local impacts of this jet expansion might be on the town residents,whereas the study being required by the proponents might not cover that topic. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the use of$6,250 of ARPA funds for a study on measuring air pollution at Hanscom Field. DOCUMENTS: HanscomRequest,ARPA Spreadsheet Updated for 11-27-23, CommentfromBOHinsupport, Health effects of ultrafine particles near airports,Ultrafine particles near Boston Logan, Letter from the US Health and Human Services Acting Director,LAX Environmental Study(Hudda et al), Letter From HFAC Chair 8. Discuss Future Meeting Dates The Board discussed its future meeting date calendar. DOCUMENTS: Proposed 2024 Select Board Meeting- calendar view, Proposed 2024 Select Board Meeting-list view 9. Review Town Manager's 2023 Performance Evaluation The Board reviewed and discussed the Town Manager Performance Evaluation for the period of October 1, 2022 - September 30, 2023. Mr. Pato asked Board members to review the raw comments submitted by each Board member in the narratives and in the performance evaluation matrix. He asked items identified to be sent to Ms. Katzenback for future review. He noted that he and Ms. Hai have completed the 360 review with Staff members. The Town Manager Performance Evaluation will be scheduled at an upcoming meeting for Board discussion. DOCUMENTS: Town Manager Review Procedure Policy,Working document-TM Evaluation Key Competency Area, Working document-TM Evaluation Narrative Section 10. Approve Amendment to Semiquincentennial Commission(Lex250) Charge and Appoint Additional Select Board Member Mr. Pato explained that the Board is being asked that the following changes be made to the Semiquincentennial Commission(Lex250) charge: Increase number of members from 15 to 16 and Add a second Select Board Member to the membership. Select Board Member Doug Lucente has volunteered for the appointment. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to amend the Semiquincentennial Commission(Lex250) charge by making the following changes as proposed: to Increase number of members from 15 to 16 and add a second Select Board Member to the membership; Further,to appoint Mr. Lucente to the Semiquincentennial Commission(Lex250) as the additional Select Board Member for a term set to expire following the completion of all planned activities in 2026 in accordance with the deliverables established in the committee charge. DOCUMENTS: Amended Semiquincentennial Commission(Lex250) Charge -Redlined ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the meeting at 10:03pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Committee Appointment PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.8 SUMMARY Category:Decision-Making Appointment: Tourism Committee • The Select Board is being asked to appoint Marie-Tristan Rago to the Tourism Committee fora one- year term set to expire on September 30, 2024. SUGGESTED MOTION: To appoint Marie-Tristan Rago to the Tourism Committee for cone-year term set to expire on September 30, 2024. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type F) 2023 I"'o u n.s rn.(A.)rn-nittee Applicatio n. M...Rago 1.1ack.up material Lexington MA Boards &Committees Submit Date: Oct 05, 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. Marie-Tristan Rago ............... First Name Middle Initial Last Name Nickname ............... Preferred Title(i.e. Mr., Ms., Mx., Dr., Rev ..... ............... M rs ................................................................................................................................................................................................................. Email Address Alternate Email Address (Optional) ............... 43 Forest St ............... Home Address Suite or Apt Lexington MA 02421 ............... City State Postal Code Length of Residence in Lexington (Note: ZBA requirement is a minimum of 8 years) ............... 13 years What Precinct do you live in.) ............... W' Precinct 4 Home: ...................... Primary Phone Alternate Phone Marie-Tristan Rago N/A Employer Job Title Work Address Which Boards would you like to apply for'. Tourism Committee: Submitted Interests & Experiences Please tell us about yourself and why you want to serve. Special Training and/or Qualifications have been part of the Lexington-Antony sister group since I moved here and in the past organized events for the town called "Voyages en Francophonie" in collaboration with different consulates and local schools. I also helped the tourism committee coordinate events when we had the Revolutionary Month of May events. resume18 en 1 pdf Upload a Resume Why are you interested in serving on a board or commission? now have time to be involved in town organizations, and I always appreciated the tourism committee. So when I read today that you had a couple vacancies, I thought I should apply to join your committee. How did you hear about the board or commission for which you are applying? First heard about it from Christina Gamota, 13 years ago. 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) r. 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. Marie-Tristan Rago Conflict of Interest Law Training Certificate Marie-Tristan Rago MARIE-TRISTAN RAGO OBJECTIVE After actively volunteering for different organizations for 12 years, I am looking to obtain a part-time position for a non-profit organization. EDUCATION 1993-1994 University of Rennes Rennes - France Master of Business Administration (DESS Certificat d'Aptitude a 1'Administration des Entreprises,post-graduate course specialized in strategy, finance, and Marketing). 1992-1993 Union College Schenectady,NY-USA Courses in the General MBA, Graduate Management Institute. Exchange program between the University of Rennes and Union College. 1987-1992 University of Rennes Rennes - France BA of Economics, specialized in industrial economy and agri-business policy. EXPERIENCE ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2021-2023 Lexington Public Schools Lexington-MA,USA Substitute teacher at LHS 2016-2020 Lexington Art Walk Lexington-MA,USA This yearly event takes place in November downtown Lexington and is co-organized by LACS,the Monroe Center for the Arts,and other Lexingtonians. 2015&2016 Voyages en Francophonie- French around the world Lexington-MA,USA Project Manager for Voyages en Francophonie - French around the world,a yearly event celebrating French speaking nations co-sponsored by the town of Lexington,efgb (French after school),and the French, Canadian,Swiss and Haitian Consulates. SPRING 2006- Assabet Valley Center for Continuing Education Marlboro—MA,USA SPRING 2008 Instructor Basic French MAY 2000— Ricoh Silicon Valley Cupertino—CA,USA DECEMBER 2002 Trainer and Project Manager • Liaison role between the European team, European Ricoh dealers, and the US headquarters for the launch of eCabinet, document management software developed by Ricoh Silicon Valley, a subsidiary of Ricoh Corp, an international leader in the fax, scanner,and copier markets. • Installed and trained European Technical, Financial, Sales, and Marketing teams on eCabinet. • Created training materials and marketing presentations for the European market. 43 FOREST ST—LEXINGTON,MA 02421 • MARCH 1998— PS'Soft Levallois—Perret, France NOVEMBER 1999 Training Manager • Trainer and consultant for PS'Soft customers in Europe and the United States. PS'Soft,a leader in the European market, has specialized in developing computer software for asset management,helpdesk management,and change management. • Creation of training guides and test plans for new software, such as Qualiparc Decision Builder (querying and reporting tool), Charge back, etc.in both French and English. NOVEMBER 1995 NetCentric Corporation Cambridge,MA-USA -OCTOBER 1997 Executive Assistant • Responsible for producing weekly operations reports (Excel/Access/SQLServer) • Performed software quality assurance • Organized trade shows • Provided executive support to the CEO of this high-tech start-up company that grew from ten to forty people and became the world leader in Internet fax technology in two years. APRIL 1995 G2I,Inc. San Francisco, CA-USA -NOVEMBER 1995 Marketing Re resentative • Operated as the sole U.S. representative of a French-based software company that developed automated computer language translation software. • Performed follow-up sales and field support for existing customers as well as new customer prospecting. • Developed marketing collateral and press releases. • Managed public relations with the trade press. SUMMERS AND Ouest France Rennes - France SEMESTER BREAK Press Officer PERIODS FROM 1988 TO 1994 ■ Organized press activities for the annual running of the world-renowned Ouest France sailing races off the coast of France. • Secured and organized up to twenty-five motor boats and helicopters for between 100 and 150 press representatives. • Acted as spokesperson and provided news updates and event information to remote news agencies and journalists. • Responsible for organizing a trip for press representatives from around France for the 50th anniversary of the largest newspaper in France, Ouest France. FALL 1992-SPRING Union College Schenectady,NY—USA 1993 Language Assistant • Taught introductory and intermediate French to American undergraduates. • Organized the activities of the French Club. 43 FOREST ST—LEXINGTON,MA 02421 • PROFESSIONAL CAPABILITIES Fluent in French and English. Teaching in French and English. Marketing communications,market research and analysis,French commercial law. Computer skills: good knowledge through daily use of Internet communications technologies, Google drive, word processing (MS Word), spreadsheet (MS Excel),document management (eCabinet), asset management (Qualiparc), and databases (MS Access,Paradox, MS SQL Server.) INTERESTS Skiing, exercising with friends,reading, and traveling. Board member of efgb. 43 FOREST ST—LEXINGTON,MA 02421 • AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Accept Select Board Committee Resignation PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.9 SUMMARY Category:Decision-Making Resignation: Massport Community Advisory Committee-Lexington Representative The Select Board is being asked to accept the resignation of Justin Pierce from the Massport Community Advisory Committee as the Lexington Representative effective December 31, 2023. On behalf of the Town of Lexington, the Select Board Members would like to extend their many thanks to Mr. Pierce fo r his time and s ervic e to the community. SUGGESTED MOTION: To accept the resignation of Justin Pierce from the Massport Community Advisory Committee as the Lexington Representative effective on December 31, 2023. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type F) Resignation[tAter J.Pierce Ilackup Vlateiial Stacey Prizio From: Select Board Sent: Monday, December 11, 2023 9:12 AM To: Stacey Prizio Subject: FW: Resignation - Justin Pierce, MCAC - Lexington Representative From:Justin P Sent: Sunday, December 10, 2023 2:46 PM To: Select Board <selectboard@lexingtonma.gov>; Clerk's Office<Clerk@lexingtonma.gov> Subject: Resignation -Justin Pierce, MCAC- Lexington Representative FUSE 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 Select Board and Clerk's Office, Please accept this as my formal resignation from Lexington's Representative on the Massport Community Advisory Commission. My last day will be 12/31/2023. 1 am grateful for the opportunity the Select Board gave me two years ago to serve my community. Thank you. Please let me know how I can help during this transition to make it as smooth as possible. Best Regards, Justin Pierce I IWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/NAIUIU/U//l!//UlUlffulU/U//l4/U/NIIWAIF/AIU/dldlffPlP/U///4/U/4I11U1ti When writing or responding, please be aware that the Massachusetts Secretary of State has determined that most email is a public record and, therefore, may not be kept confidential. 1 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Finals PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.10 SUMMARY: Category:Decision-Making The Water and Sewer Division is requesting that the Select Board approve and sign the fo llo wing Water and S ewer F inals: Water and Sewer November 2023 Finals $121 973.41 SUGGESTED MOTION: To approve and sign the attached Water and Sewer Finals for November 2023. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 ATTACHMENTS: Description Type Department of Public Works, ins Town, of Lexington j Water and Sewer Enterprise Funds FISCAL YEklk 2024 APRA Vr )N FINIALS GRAND,TOTALS NOVEMBER 2023 CATER $ 7f222-34 $7F222.34 SEWER $ 5,751.07 $5F7511.07 TOTAL: $1 2f973.4 1 $12f973.41,_ TotheCollectorof Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect the persons named ire 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. Sold Sum being: I'weNe thousandnine hundred'seventy three 4111010 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. A DIRECTOR OF' PUBLIC WORKS SELECT BOARD 12/18/23 Treasurer/Col lector, Director Public Works, Water Bearer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Lexington Civic Academy Graduation PRESENTER:TER• ITEM S NUMBER: Kelly Axtell, Deputy Town Manager I.1 SUMMARY: Category: Informing Kelly Axtell, Deputy Town Manager, will review Lexington Civic Academy, now in its 15th year. At Lexington Civic Academy, residents meet once a week in the evenings to learn about local government, specifically, the role each department plays in serving the public. The goal of the program is citizen engagement and the program is designed to connect residents with the Select Board and Town staff, as well as encouraging participation on Town committees/boards and as Town Meeting Members. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 6:40pm ATTACHMENTS: Description Type Civic Academy 2023 Participant List 1. Anne Marie Edenhofner 16. Kathryn Roy 2. Brian McKean 17. Kevin Nagy 3. Bryan Camacho 18. Liz Fray 4. Cecelia O'Neal 19. Liz Zeytoonjian 5. Cecelia King-Porter 20. Mayank Khetan 6. Chia Shen 21. Myriam Wright 7. Christope Dupupet 22. Niraimathy Arunachalam 8. Daniela Fernandez 23. Pilar Gil Fondevila 9. Elsie Xu 24. Prabhakar Viswanathan 10. Grace Lee 25. Pradeep Diwali 11. Harshini Joshi 26. Sameeksha Meel 12. Jack Hardy 27. Shuni Singh 13. Jackie Potdevin 28. Tim O'Neal 14. Kamala Raj 29. Xi Chen 15. Kate M cCa rey AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Liquor License Amendment - Change of Manager - UC New England LLC d/b/a The Upper Crust, 41 Waltham Street PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair I.2 SUMMARY Category:Decision-Making The Upper Crust has submitted all the necessary paperwork needed to request a change of manager to be Hunter Wadsworth on their Wine and Malt Alcohol Common Victualler Liquor License. The proposed manager, Hunter Wadsworth, has submitted a current Alcohol Awareness Training Certificate and the required CORI check has been completed. He will be at the meeting to answer any questions the Board may have. SUGGESTED MOTION: Motion to approve the application from The Upper Crust for a Change of Manager and, once approved by the ABCC, issue the updated 2024 Wine and Malt Common Liquor License to UC New England LLC d/b/a The Upper Crust, with Hunter Wadsworth named as Manager. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 7:00pm ATTACHMENTS: Description Type "ll . . ackup.material F) L),?per Crust.C an.ge of Vllan.agerA.]p]j,,.)'Iication. 1.1 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street,Suite 3, Chelsea,MA 02150--2355 www.mass.gov/ahcc AMENDMENT-Chan a of Manager Chan a of License Manager 1. BUSINESS ENTITY INFORMATION Entity Name Municipality ABCC License Number IUC New England,LLC Lexington 190041-RS-0612 2.APPLICATION CONTACT The application contact is the person who should be contacted with any questions regarding this application. Name Title Email Phone udy Larkee Licensing Admin FU dy@streetlightventures.com 617-784-4011 3A. MANAGER INFORMATION The individual that has been appointed to manage and control of the licensed business and premises. Proposed Manager Name Hunter Wadsworth Date of Birth SSN Residential Address { Email hunter@theuppercust.pizza Phone Please indicate how many hours per week 25 Last-Approved License Manager you intend to be on the licensed premises Rarni Khatatba 313. CITIZENSHIP BACKGROUND INFORMATION Are you a U.S.Citizen?* C'`Yes (7 No Manager must be U.S.citizen If yes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,Birth Certificate or Naturalization Papers. Have you ever been convicted of a state,federal or military crime? Y �7' '`Yes (� No if yes,fill out the table below and attach an affidavit providing the details of any and all convictions.Attach additional pages, if necessary, utilizing the format below. Date Municipality Charge Disposition 3C. EMPLOYMENT INFORMATION Please provide your employment history.Attach additional pages,if necessary,utilizing the format below. Start Date End Date Position Employer Supervisor Name :2023.. resent D is. nct.Nlana er er Crust .. :Errc'Holste�n. AP. 5/18/2009 1/13/2023 District Manager B.GOOD Chris Freeman 3D.PRIOR DISCIPLINARY ACTION Have you held a beneficial or financial interest in,or been the manager of,a license to sell alcoholic beverages that was subject to disciplinary action? _:Yes C No If yes,please fill out the table.Attach additional pages,if necessary,utilizing the format below. Date of Action Name of License State City Reason for suspension,revocation or cancellation I hereby swear under the pains nd penalties of p rjury that a information I have provided in this application is true and accurate: Manager's Signature FF Date r" APPLICANT'S STATEMENT 1,Pohn Snow the: ®sole proprietor; ® partner; El corporate principal; LLC P p p p p p /LL manager Authorized Signatory Of ILIC New England,LLC Name of the Entity/Corporation hereby submit this application(hereinafter the""Application"'),to the local licensing authority(the"LLA") and the Alcoholic Beverages Control Commission (the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statements and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises are in compliance with state and local laws and regulations; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; {5} 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. (10) 1 confirm that the applicant corporation and each individual listed in the ownership section of the application is in good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors,and withholding and remitting of child support. Signature: Date: Title: - i t i ENTITY VOTE The Board of Directors or LLC Managers of UC New England LLC Entity Name duly voted to apply to the Licensing Authority of Lexington and the City/Town Commonwealth of Massachusetts Alcoholic Beverages Control Commission on T 1/9/2023 Date of Meeting For the following transactions (Check all that apply): 0 Change of Manager Other "VOTED:To authorize John Snow Name of Person to sign the application submitted and to execute on the Entity's behalf, any necessary papers and do all things required to have the application granted." "VOTED:To appoint unter Wadsworth - Name of Liquor License Manager as its manager of record, and hereby grant him or her with full authority and control of the premises described in the license and authority and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts." For Corporations ONLY A-true copy attest, A tru e copy attest, Corporate Officer/LLC Manager Signature Corporation Clerk's Signature ate/ S � (Print Name) (Print Name) I AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve High Performance Building Policy PRESENTER: ITEM NUMBER: Maggie P eard, S ustainab ility& Resiliency Officer I.3 SUMMARY: Category:Decision-Making Attached please find the revised High Performance Buildings Policy. This was previously presented to the Select Board. Revisions have been made and Maggie P eard, S us tainab ility and Resilience Officer and Mike Cronin have met with the School Committee, who also provided comments that have been inc o rp o rated into the attached revised version. At this point, staff believes this policy is ready for adoption by the Select Board. Maggie P eard will be available and present the several revisions. SUGGESTED MOTION: Move to adopt the High Performance Buildings Policy as attached. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 7:05pm ATTACHMENTS: Description Type F) High Perfi�)nriiance f3uildings Policyl`oxmi.Wide'T'r,,,,Ickir)g Cbver Mernio F) I I oxics Appendix (,,A.,)ver Vll'en,)(.) ... � "_VQELFrG XT & SCHOOL COMMITTEE POLICY HIGH-PERFORMANCE BUILDINGS POLICY Draft as of Nov 2023 I. Purpose of Policy 1. 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 I this Policy. The Town Manager� IIIIId Si ii:: ii::. iitid,S(- :0 1s :t .® 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. '1 1 l ; �� , . . , " � ,tli till Y ell .S 01c " ., :IIII �� �:..�,: �:d (asi lip ��.. :�:� tI i�;; ��+s(-�ii ip :::..:,t:�c....U � .:ii�y�s (I"' :0111.. 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 i rs D a-Y r ra r rani-a n r l Q i i i I r4 i ra rs t- Q r-.I i r-a f'1 Q/l CT i����������i IIIII IIII IIII °���� IIII ' ��� ��IIIII IIII" IIII 2 r ®o)r,°):i Page 1 of 2 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 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 " okjq gr i,,! � ,.1 �. ��� IIII. ���," .� �. � ��.��� IIII.. IIII.. �..IIII...�� I� �� �.� �..��M�� � ��. � ���� �. � ��� H IIII�illlC i i's), 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.1 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. „"' 1 i c` r l IIII IIII IIIII IIII III w hill iiii IIII � µ 1 hill Ilil IIII 2 Page 2 of 2 Ln O 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. 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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 Potential Liquor Licensing Expansion PRESENTER: ITEM Carol Kowalski Asst. Town Manager NUMBER: for Development; S andhya Iyer, Director of Economic Develo pmente I.4 SUMMARY: Category: Informing Attached please find the Alcohol Policy revision to allow event venues and mic ro b rewerie s that do not have food service. During the review, staff also highlighted that there are two other policies related to alc o ho l lic ens ing and recommend that a second discussion the Select Board should undertake is whether all three policies should be consolidated into one comprehensive policy. Carol Kowalski,Assistant Town Manager for Development and S andhya Iyer, Economic Development Director will present. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 7:15pm ATTACHMENTS: Description Type Working Docurrvrill I.I.Jj,,)date to Alcohol olicy redlin.ed M ckupIvIlatefial SELECT BOARD REGULATION Alcoholic Beverage License Regulations Date Approved by BOS: Signature of Chair I. PURPOSE The Select Board is duly authorized by statute to issue alcoholic beverage licenses in the Town of Lexington and to regulate alcoholic beverage licensees. In addition to licenses for off-premises consumption(e.g., liquor and package stores), these licenses cover the service of alcoholic beverages at restaurants, event spaces, and microbreweries. The Select Board will review applications for(1)All Alcohol licenses, and(2)Wine and Malt Beverage only licenses according to the standards set forth herein. These licenses are issues across three II. GENERAL REQUIREMENTS The Select Board issues alcoholic beverage licenses to three types of applicants: (1) restaurants, (2) event spaces, (3)microbreweries. The following requirements apply to all Alcoholic Beverage Licensees and Applicants, regardless of type of license or establishment. a. THE APPLICATION i. Alcoholic beverage licenses are issued for one year only, subject to annual review and renewal by the Board. ii. No action shall be taken by the Select Board on an application until the information requested on the application form is complete and all license fees are paid. iii. All applicants must submit a floor plan of the building in which alcohol is to be served (the "premises"). The floor plan of the premises must have clearly marked and designated the location of(1) service bars (2) dining rooms, (3) function rooms, (4) restrooms, and(5) all other rooms in which the Applicant intends to serve alcohol. Sales and service of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Select Board, and no change in such area or location may be made without prior approval of the Select Board. iv. Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the 1 corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. v. All applications for licenses shall be made upon blanks furnished by the licensing authorities or on electronic forms available through the Massachusetts Alcoholic Beverages Control Commission (ABCC), shall be fully answered in detail, and shall be typewritten or legibly written in ink. vi. Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the alcoholic beverage license or for suspending, canceling, or revoking an alcoholic beverage license already granted. vii. The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: (a)All Alcohol - $3,500, and (b) Wine and Malt Only- $2,500. viii. For a new license or change of license, a $100 administrative fee is due at the time of application. ix. If an applicant is denied a license, the applicant may not submit another application for one year from the time of denial unless: (a) a Select Board member, who previously voted against the application, moves to allow resubmission and such motion prevails; or(2) the conditions on the basis of which a license was denied have been remedied. b. GENERAL CONDITIONS i. All alcoholic beverage licenses are conditioned on compliance with all applicable state and local laws, including but not limited to M.G.L. Chapters 138 and 140, the state building code,ABCC Regulations and Lexington's bylaws and regulations. ii. Pursuant to state law, No corporation, organized under the laws of the Commonwealth or any other state or foreign country shall be issued a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States, and shall have vested in them by properly authorized and executed written delegation full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to alcoholic beverages nor 2 unless such manager or representative is, with respect to their character, satisfactory to the licensing authorities. iii. Such manager or representative shall be present in the licensed premises and shall be available to the licensing authorities at all times during which alcoholic beverages are being sold pursuant to the license of such corporation, unless some other person, similarly qualified, authorized and satisfactory to the licensing authorities, and whose authority to act in place of such manager or principal representative shall first have been certified to the licensing authorities as set forth in paragraph 14, is present in the premises and acting in the place of such manager or principal representative. iv. All managers listed on the license must provide the Board with proof of successful completion of an accredited alcoholic beverage server training program (such as Training for Intervention Procedures by Servers (TIPS)). All other employees must complete similar in-house training within 30 days of hire. v. The manager or representative is responsible for the order and decorum kept in the premises and in the immediate surrounding exterior area and must cooperate with Town Officials in maintaining such order and decorum. The property is subject to inspection at any time by appropriate Town Officials. vi. The alcoholic beverage license must be prominently displayed and available for public viewing inside the premises. vii. Unless the Select Board elects to reduce such hours as a condition of a license, the hours for serving alcoholic beverages shall not exceed the hours of 11:00 a.m. to 12:00 midnight seven days a week. Alcoholic beverage licensees may serve alcoholic beverages past 12:00 midnight on New Year's Eve (December 31 st) until 1:00 a.m. on January 1, subject to a written request to and prior approval in writing from the Town Manager. In determining whether to approve such a request, the Town Manager shall take into consideration any objections or complaints concerning the requesting entity's operations that may have been received by the Town or the Town police. viii. All alcoholic beverages must be bought, served and consumed on the licensee's premises. No person shall be allowed to take or consume alcoholic beverages on the sidewalks of any licensed establishment or on the public sidewalks, unless an application to extend the licensed premises has been approved by the Select Board or Town Manager. Such extension must meet guidelines for extension of premises to patio and outdoor areas established by the ABCC. ix. No license shall be sold, transferred or surrendered without the prior approval of the Select Board. 3 x. If a licensed establishment is closed for more than 7 consecutive days or 10 days in a calendar year without prior approval, its shall be considered to have abandoned its alcoholic beverage license and said license is subject to suspension or revocation by the Select Board. xi. Automatic amusement devices in compliance with Massachusetts General Laws Chapter 140, § 177A may be kept in licensed premises, provided that each such device is properly licensed by the Town of Lexington as an automatic amusement device and is installed on the premises so as to be kept in open view at all times while in operation, and shall at all times be available for inspection. The term "automatic amusement device" shall mean any mechanism whereby, upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the player, including but not limited to such devices commonly known as pinball machines and video or electronic games. No device designed or intended for gambling, gaming or betting for money or property shall be permitted in a licensed premise, nor shall any other automatic amusement device be permitted to be used for such purpose. xii. Alcoholic licenses issued shall be conditioned on strict compliance with these regulations, and any failure to comply may be cause for refusing to grant or renew a license or for suspending, canceling, or revoking a license already granted, at the discretion of the Select Board after consideration of all relevant circumstances. xiii. No alcoholic beverage license shall be granted unless toilet facilities are generally available to patrons. IV. CONDITIONS APPLICABLE TO RESTAURANTS, INCLUDING BREWPUBS (AS DEFINED IN THE ZONING BYLAW). a. A restaurant or brewpub must have a seating capacity of at least 18 people in order to receive an alcoholic license. b. The hours during which sales of alcoholic beverages may be made are further limited to the times when the dining room is open and food service is available. No alcoholic beverages shall be sold or served in a restaurant before it is open and food service is available, nor after the restaurant has been closed or food service has ended. Food service is defined as the service of any food, including appetizers, desserts and snacks. c. The Select Board shall not grant any alcoholic beverage licenses to establishments whose primary business is fast-food service, as defined in the Zoning Bylaw. 4 V. CONDITIONS APPLICABLE TO EVENT SPACES AND MICROBREWERIES THAT DO NOT QUALIFY AS RESTAURANTS UNDER THE ZONING BYLAW. a. Non-restaurant license applicants that do not have food service shall demonstrate how the alcohol license enhances their business and shall meet all other requirements of this policy except food service requirements. For businesses other than microwbreweries, "enhancement of business" as used in this policy means adding to the primary, non-alcohol service purpose of the business as an ancillary activity. Such applicants must comply with all other state laws and regulations regarding the operation of their businesses. b. A non-restaurant applicant is only eligible for a Wine and Malt Beverage license, but shall not be granted an All-Alcohol license. VI. REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 138 5 0FP--Vj--VCW-N4UXT SELECT BOARD REGULATION Alcoholic Beverage License Regulations Applieabke-to4Zestauraws������� Date Approved by BOS: Signature of Chair A 4 n 1 AZ 1)A 1 IVX"X%..�11 X-'� Zd%J-LM —W"ftft"P—Ile4ft I. PURPOSE The Select Board ,-%f Seleettirnnxenis duly authorized by statute to issue'alcoholic beverage licenses in the Town of Lexington and to regulate alcoholic beverage 'neTl I I-l-H ++k^ r+nr%AnrAcAq��;pk+k^ All r^,,#; I r^r4I I^r+r ^le4e-%rr Ilia 1 1::116arlicensees. In addition to licenses for A444ee4e4-off-premises consuMption (g.g,.V m,6,U%A%Amm%-m liquor-and I NVIL,111.WN I WN Ulm%- I...R MI%.A r n rT,% mm r r+nm irnr%+r rkr%m m1A kr% ;r%p;r4r%r-.+-n1 +r%-F^^r4 rprximr-p n r-,A+k-%+r%V+nkj;rkVV%r%r%+r ILA!ke%rf% inxiinn-n-Ey, rmrpas-e4package stores), these licenses cover the service of alcoholic beverages wi4 VI I I I NUA I Y V%AI V me%+ krN I;t-r%r%r review restaurants, event spaces and microbre wWeiA , n ) rniees. The Select Board will and Malt Beverage only licenses according to the standards set forth herein. These licenses are issues across three 11. GENERAL REQUIREMENTS oquin"pdph t-%-V n" A 11 A n AAT�,mei n"A -k4n]+ The %-J-L "11 1 X11-I XAA.�k1_11ki-I kil CZ VV Ill%w 'X'Y7'1'tr% QQj-T7'QkQ -VrNrNA +1-% +1-%,C% -j" n Z..d. I X.JLJL UJL%.,kjjLjAjj-1%.� Lj%.,V%.,JL CA&%, JLJLV%.,JL-LOV ox-tul-1 JLJL%i L U%, JL,3,3 LAN"%-& Lki fl-,Ida 1.111%.� JLJLV%w�JLJLL)V%.1� V L.J1V%.W1-L A-" 1;d1%df%`m09f% 0111knil ",-%+uem evirn"+,fA +r% :%0+n A +C, +I-In+llnx7em 1,%iiq;*,%A=hqq d4Aph-s-;-K7pd4 n q A p-ri a-q��A 0,2k-6-17-le Ch pA 4%ch r. -L%-%.�0tA4L4jL"-1JLL0 JAILtat,I-JLUVV U JLIIJLJ-JLJL V"FGtVj".Y %JJL JL" "j U%" C4jLV%JJLJL%JjL-'V +tN QC%n+,QkA C1Xa1P-XTXaA 1-t-VT'WYTn;+ Qfn JL 1%.W%., 11ILL01.11 L" "11%-1 j%,x V%,%A Ljy VVC41L L3L,(-L-lr-. 1 T Board f%Lxf-%+o +.,-x no n . , G4 '9 y 9 9 9 g All- LdZii w � alcoholic beverage licenses IQ n*-%A "FF""t""' O'll'"li "-LJL%-& '""t' 14AVVO) -1-15 L.'"t, ti . . . 2 ? ? ? ? ? to three ? ? (2) event types (1) restaurants, 9 (3) microbreweries. The following requirements apply to all Alcoholic - ; 1 1 9 3 r4;re-rr%-Hr%r% r%-F+kr% Qt-%-nrr4 r%4: e%-F-nil r-;ri-m mrr%r+nMr-r%r Licensees and Applicants, regardless of type of license or establishment. THE APPLICATION 1. Alcoholic beverage licenses are issued for one year only, subject to annual review and renewal by the Board. ii. No action shall be taken by the Select-Board-ef-�- on an application until the information requested on the application form is complete and all license fees are paid. +ke% Q^-nrA r%f Cr%lr%,-+rv-t^ I ®i +k^ M. All applicants must submit a floor plan of the building `A® icin which alcohol is to be served 6 C is the premises"). The floor plan of the premises must have clearly marked and designated the location of r%re%pe&edfl) service bars dining rooms, (3) function rooms, f4irestrooms, efand (5) all other rooms in which appicev.@ f +h^ r n 1^197 ff-U-3-116003-1-hFff-G 1 i f- k 1 E%-%r`rTr%e- Hei Ir%e-%%EJ4 U-E�AqeiV4 e Applicant intends to serve alcohol. Sales and service of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Select-Board , and no change in such area or location may be made without prior approval of the Select Board--ef iv. Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. v. All applications for licenses shall be made upon blanks furnished by the licensing authorities electronic forms available thro the Massachusetts Alcoholic Beverages Control Commission (ABCU shall be fully answered in detail.,and Ar%rd;r-ni-;^r%ir Air;++^r% ;r% r%^r%,e-;l ;r-t®A shall be typewritten or legibly written in ink. _ZY%V I r-;r% r%n r+ I A®1 vi. Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the alcoholic beverage license or for suspending, canceling, or revoking an alcoholic beverage license already granted. vii. The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: (a)All Alcohol - $3,500, and (12) Wine and Malt Only- $2,500. XXT;"ia n"A N4nl+ k") VV JLXJL%-, C41JL%-&-LV-L"-Lt, %--..fJLJLJL_y viii. For a new license or change of license, a $100 administrative fee is due at the time of application. ix. If an applicant is denied a license, a-R-ewthe gpplicant may not submit another ck-Aff- r%+ application m for one year from the time of denial unless:La j a Select Board member, who previously voted against the application, moves to allow resubmission and such motion prevails-. or(2) the conditions on the basis of which a license was denied have been remedied. TA T T)A C"V-C'-"D(-'IT INTn JL JLJL%W JL VV JUL %J-L X-.d%.Wz1-jLjLjL8U"jLjL1 L-FY Lt V"L%.W "JL I UO %..JL UJLZ-AoJLJLO� JLXC41kA %.WL41 JLJL%./JL %.O L,"L-P-jLxL-7x11-k4 CULV-�, JETqLVJL-JUV U%w V ffage OCInf-j"d-V f%n*NQf-%-j+'WT rN-VQQ T" 1AM Aqp T I%.O LE4"I C41-Ita VV-1 L'xJL L4 LJLJL-LxIJL-LJLJLLL-LJLJL %"zF"%1'L'Y "JL -/--/- "'z-kJkJz-'l t,-LJL%W ++zacl IN 41 tv n +f% A; Tnxlro +rN n++-rnf-.+ +t-% 4-tea Uxjr--%a-rs(3Uss 10V L'L.7 0 VIU L/ 0 %W 0 0 0 ITE %.1 -L A A-it X-it -L JL a" JLJL "0 1 11111115Lkill"I-114-L V V"IL LJLJL(ILJLJLJL JLjLC4%-L I%W V X L.LJL%.,-LJL inpr3l1pi- p v-pq+n-p-r'-x1n -n%.1E)ffl1x-LJA-L%w-L%wJL(4JL C4JL%./C4O UY "t'L1-L"%.-1L'-L-tj-5 0111"311%.'1 1VOCKTUTUTTLO. X I-L%.V "".1111,y4e-sell UJA.1%-or tJLJL%.V0%.11 I%WO t'""I"XILO ".LJL%J-LJLJLJL V"JL-L.Y V-1"Ux%.'. x ki VV-LJL-LV-L%,%,1,-L.L-L&F"00%w%- JL Lt-'%-v 0%.A4L JLJLJLjLjLjLjLmiLiL n"A +kp" nj'%*%*-fN-TTpA 1-%-xT 4,p p;+;r7p"q rN" A4nirplq I IMA 1-%'XT n -WTIN+,Ch ZNV7()11 +IN 1 11A LUJUMV Vy V-qu-ju-vv-juu%w-'JLJLJLJLJL-15][Y "FRL"v L-Y.Y t-L", kJ-LJL-L v JL C4jL VJL-L Zd 5 Z-'%J�j V%J t,%, "-L Z-,/-, t" x b. G"ENERALU"ONDITIONS. i. All alcoholic beverage licenses are conditioned on coMpliance with all qPplicable state and local laws, including but not limited to M.G.L. ChMters 138 and 14 the state building code,ABCC Regulations and Lexington's bylaws and regulations. ii. Pursuant to state law,No colporation, organized under the laws of the Commonwealth or any other state or foreign country shall be issued a license to sell in any manner any alcoholic beverages unless such colporation shall have first gppointed, by vote of its Board of Directors or other similar board as manager or other principal representative, a citizen of the United States, and shall have vested in them by properly authorized and executed written delegation full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to alcoholic beverages nor satisfactoryunless such manager or representative is, with respect to their cha iii. Such man Yer or r:,i!,.,,,,,,,-,.resentative shall bl(���!! Dresent in the license remises and shall be available to the licensina authorities at all times durino which alcoholic beverav-1es are beinij. soldDursuant to the license of such cO : ooration unless some otheir;i rNerson simila''.111ty Gualified authorized and satisfactory to the licea"in UY authorities and whose author`1 to act il", lace of such manlAiler o Drinc reDresentative shall first have been certified to the licensiniy authorities as set forth . r", iar, ar, Dh 14 1 resent in th,,,.i ,-.remises and actinLy in the il3lace of such manager . . POLDrinc . successful co letion of an accredited alcoholic bever, ae server tramil",- Dr ,,.Iete similar in-house traim lo,within 30 days of hire. v. The manager or rep esentative is responsible for the order and decorum k the premises and in the immediate surrounding exterior area and must cooperate v. All manaaers listed on the license the Board wit�'i roo of subject to inspection at any time by gppropriate Town Officials. th Town Officials in maintaining s ch order and decorum. The property is . The alcoholic bever,3QYe license must be di ed and available for pu=blic viewi=n inside the �remises. .. hours for serving alcoholic beverages shall not exceed the hours of-11.-00 a.m. to 12.-00. Unless the Select Board elects to reduce such hours as a condition of a licens untildnilaht seven days a week. Alcoholic beverage licensees may serve alcoholic beveraves -past 12-.00 midnight on New Year's Eve (December 3 Is writing receivedrequest,, the Town Manager shall take into consideration any objections or complaints concerning the requestipZ entity's operations that may have been viii. All alcoholic beverages ust be bought, served and consumed on the licensee's premises. the sidewalks of any licensed establishment or on the public sidewalks, unless an pplication to extend the licensed premises has been gpproved by the Select Board or Town . !u,,er. Such extension must meet O:Yuidelines for extension of he ABCC. . x. No license shall be sold, transferred or surrendered without the prior Uproval of the Select Board. 6 x. If a licensed establishment is closed for more than 7 consecutive days or 10 dus revocationn a calendar year without prior gpproval, its shall be considered to have abandoned its alcoholic beverage license and said license is subject to suspension or . Automatic device is properly licensed by the Town of Lexington as an automatic amusement device and is installed on the premises so as to be kept in open view at all times while in operation, and shall at all times be available for inspection. The term Chqpter 140, § 177A may be kept in licensed premises, provided that each such c amusement device" shall meaa-annyl mechanism whc�, V., UDon the de osit therein of a coin or tokel,,@ an v aratus is released or set in motion or . . . -ajjosition where it be set in motion for th, of )la i cy a, . automaticnvolvino in whole or in r')art the skill of the rit a er includi but not limited to RMY such devices comm, I imown as,' inball machines and video or electronic mone ol :)r v shall b ermitted in a licensed remis nor shall ar;!-i�other .. circumstances.. Alcoholic licenses issued shall be conditioned on strict compliance with these rggglations, and any failure to cgMply may be cause for refusing to grant or renew a license or for suspending, canceling, or revoking a license already granted, at the discretion of the Select Board after consideration of all relevant xiii. No alcoholic beverage license shall be granted unless toilet facilities are generall available receiveIV. CONDITIONS APPLICABLE TO RESTAURANTS, INCLUDING BREWPUBS (AS DEFINED IN THE ZONING BYLAW). a. A restaurant or brewpub must have a seating cNacity of at least 18 people in order to available b. The hours during which sales of alcoholic beverages may be made are further limited to the times when the dim o,room is en and food service is available. No alcoholic beverages shall be sold or served in a restaurant before it is open and food service is service . Detizers desserts and c. The Select Board shall not grant any alcoholic beverage licenses to establishments whose primary business is fast-food service, as defined in the Zoning Bylaw. s defined as the service of an food includina V. CONDITIONS APPLICABLE TO EVENT SPACES AND MICROBREWERIES THAT DO NOT QUALIFY AS RESTAURANTS UNDER THE ZONING BYLAW. a. Non-restaurant license pplicants that do not have food service shall demonstrate how the alcohol license enhances their business and shall meet all other requirements of this policy except food service requirements. For businesses other than microwbreweries!, (.(.enhancement of business" as used in this policy means adding to the primaU, non-alcohol service pulpose of the business as an ancillary activity. Such Uplicants must coMply with all other state laws and regulations regarding the operation of their businesses. b. A non-restaurant gpplicant is only eligible for a Wine and Malt Beverag license, but shall not be granted an All-Alcohol license. REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 138 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Authorize Town Manager to Execute Hayden Easement - 24 Lincoln Street PRESENTER:TER• ITEM S NUMBER: Jim Malloy, Town Manager I.5 SUMMARY: Category:Decision-Making Town Counsel and the Town Engineer completed the revisions on the easement documents and Town Counsel has provided the attached vote for the Select Board to consider. The Hayden Board has reviewed and approved the attached easement document at their meeting in November. SUGGESTED MOTION: Move to accept an easement in, on, over, across, under and along the Easement Area, which is a portion of that certain property commonly known as 24 Lincoln Street, Lexington, Massachusetts owned by the Josiah Willard Hayden Recreation Centre, Inc. (the"Property"), for the purposes of pedestrian passive recreation and access to land owned by the Town adjacent to the Property known as and identified as 52 Lincoln Street (Lexington Assessor's Map 42, Lot 1 containing 38.35 acres); land on Worthen Road (Lexington Assessor's Map 41, Lot 120 containing 3.0 acres); land on Massachusetts Avenue (Lexington Assessor's Map 49, Lot 182, known as "Hastings Park", containing 3.77 acres); and 251 Waltham Street(Lexington Assessor's Map 49, Lot 90, known as the "High School", containing 56.54 acres). FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 7:35pm ATTACHMENTS: Description Type F) 1.layd e.n.I�as Cb v e r Me rno F) I'layden I�'aserrjtlllnt Plan (,,..(.)ver Mleryu F) Ilayden I sealient Vote v e r VII e mio A&K 9/26/2023 After recording return to: Anderson & Kreiger LLP 50 Milk Street, 21 st Floor Boston, MA 02109 Attn: Stephanie Dubanowitz, Esq. EASEMENT This Easement ("Easement") is executed as of , 2023 by and between Josiah Willard Hayden Recreation Centre, Inc., a Massachusetts corporation, having a usual place of business at 24 Lincoln Street, Lexington, Massachusetts 02421 (hereinafter referred to as the "Grantor"), and the Town of Lexington, acting by, through and under its Select Board, with an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (hereinafter referred to as the "Town"). RECITALS: WHEREAS, the Grantor is the owner, by virtue of a deed recorded in the Middlesex South District Registry of Deeds at Book 8780, Page 202, of certain land known as and identified as 24 Lincoln Street, Lexington, Massachusetts (Lexington Assessor's Map 50, Lot 1A, containing 28.04 acres) and land on Lincoln Street (Lexington Assessor's Map 50, Lot 251A, containing .69 acres) (together, the "Property"); WHEREAS, the Town owns that certain land adjacent to the Property known as and identified as 52 Lincoln Street (Lexington Assessor's Map 42, Lot 1 containing 3 8.3 5 acres); land on Worthen Road (Lexington Assessor's Map 41, Lot 120 containing 3.0 acres); land on Massachusetts Avenue (Lexington Assessor's Map 49, Lot 182, known as "Hastings Park", containing 3.77 acres); and 251 Waltham Street (Lexington Assessor's Map 49, Lot 90, known as the "High School", containing 56.54 acres) by virtue of deeds recorded with the Middlesex South District Registry of Deeds [at Book 6254, Page 543, Book 10002, Page 559 and Book 2424, Page 509] (collectively, the "Town Property"); WHEREAS, the Town desires to use a portion of the Property shown as "Easement A&K 9/26/2023 Area" on the plan attached hereto as Exhibit A (the "Easement Area") for passive recreation and pedestrian access to the Town Property; and WHEREAS, the Grantor wishes to grant the Town a non-exclusive perpetual easement in over, across and through the Easement Area in accordance with the terms and conditions of this Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Grantor hereby grants a non-exclusive perpetual easement to the Town in, over, across, and through the Easement Area for pedestrian passive recreation and access to the Town Property. Except for anybody requiring the use of a wheelchair or other accessible means of transport, or motorized vehicle use in connection with maintenance or repair of the Easement Area, this Easement shall be limited to passage by foot only and in no event shall the Easement Area be used for passage by bicycle, scooter, skateboard, rollerblades, golf cart, cross country skiing, or any other mode of transportation and such modes of transportation are expressly prohibited by the scope of this Easement. In addition, dogs shall be permitted in or on the Easement Area, provided that they be leashed at all times. Passage over the Easement Area shall be limited to the hours of one- half hour before sunrise to one-half hour after sunset. 2. Under the terms of this Easement, the Town shall have the right, but not the obligation, to maintain the Easement Area, including without limitation, mowing, and maintaining, improving, replacing, removing, and using the trail, boardwalks and fitness equipment within the Easement Area (at the Town's expense) for the purposes stated herein. The Town acknowledges that the Grantor shall have no obligation to maintain the Easement Area pursuant to the terms of this Easement. 3. The Grantor shall not make any physical or legal changes to the Property that would prevent pedestrian access through the Easement Area, or otherwise materially and adversely affect the rights granted hereunder, without the prior written consent of the Town. 4. Subject to the terms and conditions of this Easement, the Town shall have the right hereunder to permit members of the public to use the Easement Area for the purposes set forth herein and may publicize access to the Easement Area via maps, trail guides and websites. 5. With the prior written approval of the Grantor, which shall not be unreasonably withheld, delayed or conditioned, the Town may erect and maintain signage in the Easement Area notifying members of the public that (i) the Grantor's Property abutting the Easement Area is private property and not open to public use; (ii) that the Easement Area shall be used solely for passive recreation and as a foot only passage way to the Town Property, as articulated in Section 1; (iii) dogs shall be permitted on the Easement Area, provided that they remain leashed at all times; A&K 9/26/2023 and (iv) that the Easement Area is only available for use between one-half hour before sunrise to one-half hour after sunset. The Town shall not be responsible for damage caused to the Easement Area or the Grantor's property by the public's use or misuse of the Easement Area (other than promptly repairing any damage to the signage), but shall take reasonable steps to address any use or misuse of the Easement Area by members of the public that is contrary to the terms of this Easement. 6. The parties shall have all the rights, protections, privileges and benefits granted under the so-called "Recreational Use Statute", M.G.L. c. 21, §17C(a). Additionally, the Town shall hold harmless the Grantor, from and against any and all actions, causes of action, suits, debts, claims, damages, complaints, expenses, losses, demands,judgments, and liabilities whatsoever arising out of or resulting from, or in any way directly related to the Town's activities in the Easement Area, provided, however, the foregoing obligation shall not apply to claims or demands based on the gross negligence or the willful act or omission of the Grantor. 7. Notices, statements and other communications to be given under the terms of this Easement shall be in writing and delivered by hand or sent by registered or certified mail, return receipt requested and addressed as follows: If to Grantor: Josiah Willard Hayden Recreation Centre Inc. 24 Lincoln Street Lexington, MA 02421 Attention: Liz Festa If to the Town: Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Attention: Town Manager 8. The Grantor warrants and represents that it has the sole and exclusive right and authority to grant this Easement, and there are no mortgages or encumbrances of record or otherwise on the Property that may affect the right and authority of the Grantor to grant this Easement, the Easement itself and the rights and easements established hereby. 9. The acceptance of this Easement by the Town is authorized pursuant to a vote taken under Article 10 of the 2023 Special Town Meeting Warrant, and that vote of the Town of Lexington Select Board dated December 18, 2023]. 10. This Easement constitutes the full and final expression of the agreement between the parties and contains all terms of their agreement. This Easement supersedes all prior understandings between the parties in connection with the subject matter hereof, whether oral or written. This Easement shall be interpreted, construed, applied and enforced in accordance with the laws of the Commonwealth of Massachusetts. If any provision of this Easement shall be held or deemed to be, A&K 9/26/2023 or shall in fact be, invalid, inoperative or unenforceable because of the conflict of such provision with any constitution or statute or rule or public policy or for any other reason, such circumstance shall not have the effect of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable, but this Easement shall be reformed and construed as if such invalid, inoperative or unenforceable provision had never been contained herein and such provision reformed so that it would be valid, operative and enforceable to the maximum extent permitted. This Easement may only be amended by a written instrument, clearly designated to be an amendment, signed by all parties. The rights, easement, liabilities, agreements and other obligations set forth shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. This Easement may be amended or modified at any time by a declaration in writing mutually agreed to, executed and acknowledged by each of the parties hereto, and thereafter duly recorded in the Registry. This Easement may be executed in a number of identical counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively one agreement. [Signatures to appear on following page] A&K 9/26/2023 Executed as a sealed instrument this day of , 2023. GRANTOR: JOSIAH WILLARD HAYDEN RECREATION CENTRE, INC. By: Name: Title COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this day of 2023 before me, the undersigned notary public, personally appeared [ ], authorized signatory of Josiah Willard Hayden Recreation Centre, Inc., proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of said Corporation. Notary Public My commission expires A&K 9/26/2023 APPROVED [RECORD VOTE OF THE TOWN OF LEXINGTON SELECT BOARD Authorized Special Town Meeting Held [ ] We, being a majority of the undersigned members of the Select Board of the Town of Lexington hereby approve and accept this Easement. TOWN OF LEXINGTON SELECT BOARD Joe Pato, Chair Suzie Barry, Vice Chair Kim Katzenback, Executive Clerk Jill Hai Doug Lucente Mark S andeen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this day of 2023, before me, the undersigned notary public, personally appeared Joe Pato, Suzie Barry, Kim Katzenback, Jill Hai, Doug Lucente and Mark Sandeen, members of the Select Board for the Town of Lexington,proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires A&K 9/26/2023 Exhibit A Plan (to be attached) a� a) IL o N C,B o � W 0 w �u� P5 W Ld LLJ 1f �e Z to J Q m AEA� a o �2" r Ln LIJ oCL W ,r z y w � Ld vi Ld Ld a �o Gr i Ld W CL CL LJ.I Ln CL L Z O Ur O w 'a •,� r r a r', 4 t 4i z J W Cl- O ti a Q � 0 cc m y O r� a f: o � z o w LLJ z w O~I w z c-; RECORD OF VOTE OF THE TOWN OF LEXINGTON SELECT BOARD December 18, 2023 At a duly called public meeting of the Select Board of the Town of Lexington (the "Board") on December 18, 2023, the Board voted as follows with respect to that certain area shown as "Pedestrian Easement consisting of 461,787 square feet" on that certain plan entitled "Hayden Recreation Center Easement, Lexington, MA", prepared by the Town of Lexington Engineering Division and dated September 25, 2023 ("Easement Area"): VOTED: To accept an easement in, on, over, across, under and along the Easement Area, which is a portion of that certain property commonly known as 24 Lincoln Street, Lexington, Massachusetts owned by the Josiah Willard Hayden Recreation Centre, Inc. (the "Property"), for the purposes of pedestrian passive recreation and access to land owned by the Town adjacent to the Property known as and identified as 52 Lincoln Street (Lexington Assessor's Map 42, Lot 1 containing 3 8.3 5 acres); land on Worthen Road (Lexington Assessor's Map 41, Lot 120 containing 3.0 acres); land on Massachusetts Avenue (Lexington Assessor's Map 49, Lot 182, known as "Hastings Park", containing 3.77 acres); and 251 Waltham Street(Lexington Assessor's Map 49, Lot 90,known as the "High School", containing 56.54 acres). TOWN OF LEXINGTON SELECT BOARD Joe P ato, Chair Suzie Barry, Vice Chair Jill Hai Doug Lucente Mark S andeen AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss Committee Meeting Conduct Norms PRESENTER: ITEM NUMBER: Doug Lucente & Mark S andeen, Select Board Members I.6 SUMMARY: Category: B rains to rming The Board previously discussed developing new meeting norms to be shared with all Boards/Committees. Mr. Lucente and Mr. S andeen drafted a policy for review by the Board. This policy establishes guidelines for conduct during public meetings held by the Town of Lexington's public bodies. The Select Board intends that these guidelines will create an orderly and efficient meeting environment that encourages public participation, upholds the integrity of the governance process, and complies with the recent legal rulings concerning public speech at governmental meetings. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 7:45pm ATTACHMENTS: Description Type F) ]q::)raft,Policy Cbmaiittee Meeting 76n.duct and Decor°urri. 1.3ackup: ICaterial DRAFT Conduct and Decorum Policy for Public Meetings in the Town of Lexington Purpose The purpose of this policy is to establish guidelines for conduct during public meetings held by the Town of Lexington's public bodies. The Select Board intends that these guidelines will create an orderly and efficient meeting environment that encourages public participation, upholds the integrity of the governance process, and complies with the recent legal rulings concerning public speech at governmental meetings. Scope This policy applies to conduct during meetings of public bodies within the Town of Lexington, including, committee members, staff, presenters, consultants, and members of the public who attend these meetings. Guidelines Suggested Language for Chairs to Use During the Meeting The Chair should periodically remind committee members of the expected norms of conduct. Some suggested language includes: • "Remember we are all neighbors working toward common goals." • "Let's keep our discussions focused." • "I'd like to remind everyone to wait for recognition before speaking." • "Please refrain from interrupting others when they are speaking." Maintaining Order During the Meeting Anyone who wishes to speak must wait to be recognized by the Chair and then present their comments. Interruptions are not permitted. Anyone who interrupts another speaker may be cautioned by the Chair. The Chair has the discretion to issue warnings, call for recesses, or take other appropriate actions to maintain order. Committee members, staff, presenters, and consultants, are also responsible for maintaining order during the meeting. Prohibition of Discriminatory or Harassing Behavior All participants in public meetings are encouraged to treat others with respect and dignity. Disruptive behavior will not be tolerated. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Updated Draft Article List for 2024 Annual Town Meeting PRESENTER:TER• ITEM S NUMBER: Kelly Axtell, Deputy Town Manager I.7 SUMMARY: Category: Informing Kelly Axtell, Deputy Town Manager, will review the attached updated draft list of articles proposed for 2024 Annual Town Meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 8:05pm 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. Opioid Settlement G. Authorize 250th Funding-provide funding for the Semiquincentennial Commission and various Town Departments H. Accept Tucker Ave (westernmost portion)- $30,000 (betterment to be reimburse by abutters) I. Establish/Continue Revolving Funds J. FY 25 CPC Budget/Projects a. Cary Memorial Library Renovation— $2,300,000 *funding will also come out of other funding sources** b. Archives and Records Management— $20,000 c. Park Improvements—Athletic Fields—Bowman School—$545,000 d. Lincoln Park Fitness Stations Equipment— $160,000 e. Park Improvements—Hard Court Surfaces —Valley Rd— $492,000 f. Lincoln Park Field Improvements— $1,145,000 g. LexHAB Support, Restoration, Preservation, and Decarbonization— $482,365 h. LHA 561/563 Massachusetts Ave Exterior Preservation—$100,000 i. Affordable Housing Trust Pre-Funding—$3,200,000 j. Projected Debt Service— $681,200 k. Administrative Budget— $150,000 K. Recreation Capital L. Municipal Capital M. Water system improvements N. Wastewater improvements O. School Capital Projects/equipment P. Public Facilities capital 12/15/23 1 a. Assessment of the Lincoln Fields site for a possible Solar Installation Q. Post-Employment Insurance liability R. Rescind prior borrowing S. Establish/Dissolve/Appropriate To/From Stabilization T. Appropriate for Prior year unpaid bills U. Amend FY24 Operating, Enterprise, CPA budgets V. Authorized Capital improvements W. Renovation of the Pine Meadows Clubhouse plus solar installation X. Design funds for the LHS construction project Y. Renovation of 173 Bedford St General Articles Z. ACCEPT EASEMENTS AA. Amend General Bylaw-Noise control- a. Construction noise clarification b. Delay leaf blower prohibition by one year BB. Prohibition of single use food containers made from foam polystyrene(Citizen Petition, Thomas Wanderer)- will be IP'd CC. Prohibit Single serve plastic water bottles (Citizen petition) DD. Old Spring St Name Change EE. Authorization for Affordable Housing Trust to seek affordable housing development on a town-owned parcel FF. AMEND GENERAL BYLAWS -TREE BYLAW-EXTEND TREE BYLAW TO ALL PRIVATE PROPERTY(Tree Committee) GG. AMEND GENERAL BYLAWS - TREE BYLAW - REQUIRE MITIGATION PLANTING IN CERTAIN INSTANCES (Tree Committee) H H. AMEND GENERAL BYLAWS -TREE BYLAW—EXEMPTIONS (Tree Committee) 11. IMPORTANCE OF TREES RESOLUTION (Citizen Petition) JJ. AMEND FOSSIL FUEL FREE BYLAW - MEET DEPARTMENT OF ENERGY RESOURCES (DOER) REQUESTED CHANGES KK. HOME RULE PETITION TO ADJUST THE NUMBER OF ON-PREMISE WINE AND MALT ALCOHOL LICENSES LL INTEGRATED PEST MANAGEMENT RESOLUTION (Citizen Petition) MM. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (Transportation Advisory Committee) 12/15/23 2 NN. DIGITAL PUBLICATION OF LEGAL NOTICES (Citizen Petition) 00. VOTING RIGHTS 16 AND OLDER (Citizen Petition) PP.ARTICLE AMEND GENERAL BYLAWS —CHAPTER 100 PUBLIC WAYS AND PLACES (Citizen Petition) QQ. INDIGENOUS PEOPLES DAY (Citizen Petition) Zoning Articles RR.Amend Zoning Bylaw— Signs SS. Amend Zoning Bylaw— Short Term Rentals TT. Amend Zoning Bylaw—Permitted Uses and Development Standards UU. Amend Zoning Bylaw—Gross Floor Area Definition VV.AMEND ZONING BYLAW - INCLUSIONARY HOUSING FOR VILLAGE AND MULTI-FAMILY DISTRICTS WW. Amend Zoning Bylaw and Zoning Map—Technical Corrections XX. AMEND ZONING MAP(Map and Lot 88-73C(507 Bedford Street)in the Multi-Family Overlay District))—Owner Petition YY. AMEND ZONING Map (Map and Lot 88-73B (509 Bedford Street) in the Multi-Family Overlay District)) -Owner Petition 12/15/23 3 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discuss FY2025 Program Improvement Requests (PIRs) PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair I.8 SUMMARY: Category: B rains to rming The Senior Management Team met on 12/12/23 to review and rate the Program Improvement Requests (PIRs)and those rankings will be reviewed the week of 12/18/23 by the Town Manager after receiving input from the Select Board. This agenda item is for the Select Board to provide input to the Town Manager on the various PIRs prior to the Town Manager's review and inclusion on the highest priorities in the White Book. The PIRs were presented by the Senior Management Team during the budget presentations. Attached is a summary of those requests. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/18/2023 8:15pm ATTACHMENTS: Description Type IIIIIIIIIIIIII � IIIIIIIIIIIIII e t "ll te i llama Sli All iiiiiiiiiiiiiii lq i 1'` f �Nj ................................1-8, 8�.. .................................... GENERAL FUND Departmental Request Recommendation Program Description Public Facilities Compensation Expenses Benefits Total Recommended Not Recommended 2600 AV Technician Grade 4 from 35 to Is 9�795 $ - $ 142 $ 9,937 $ - $ - 40 hours/week Total Public Facilities $ 9,795 $ - $ 142 $ 91937 $ - $ - Public Works Compensation Expenses Benefits Total Recommended Not Recommended 3420 Recycling Expanded Food Waste Collection $ - $ 396,000 $ - $ 396,000 $ - $ - Program 3300-Public Grounds Assistant Superintendent for Public $ 83,895 $ - $ 18,949 $ 102,844 $ - $ - Grounds Total Public Works $ 83,895 $ 396,000 $ 18,949 $ 498,844 $ - $ - Police Compensation Expenses Benefits Total Recommended Not Recommended 4110-Police Administration Deputy Chief Position $ 189,000 $ - $ 20,473 $ 209,473 $ - $ - 4140-Investigations and School Resource Officer $ 102,018 $ - $ 19,211 $ 1211229 $ - $ - Prevention 4110-Police Administration Code Enforcement Officer $ 16,000 $ - $ - $ 16,000 $ -Is - Total Police $ 307,018 $ - $ 39,684 $ 346,702 $ - $ - Fire Compensation Expenses Benefits Total Recommended Not Recommended 4220 Fire Prevention Lieutenant Fire Inspector $ 93,739 Is - $ 19,091 $ 112,830 $ -Is - Total Fire $ 93,739 $ - $ 19,091 $ 112,830 $ - $ - Library Compensation Expenses Benefits Total Recommended Not Recommended F5130-Youth Services Full Time Teen Services Librarian $ 74,978 Is - $ 18,819 $ 93,797 $ -Is - Total Library $ 74,978 $ - $ 18,819 $ 93,797 $ - $ - Recreation-General Fund Compensation Expenses Benefits Total Recommended Not Recommended Community Center/Department of $ - $ 20,000 $ - $ 20,000 $ - $ - Public Facilities 1 Total Recreation-General Fund $ - $ 20,000 $ - $ 20,000 $ - $ - Health Compensation Expenses Benefits Total Recommended Not Recommended Additional vehicle for Health Dept $ - $ 50,000 $ - $ 50,000 $ - $ - staff Total Health $ - $ 50,000 $ - $ 50,000 $ - $ - Land Use,Housing&Development Compensation Expenses Benefits Total Recommended Not Recommended 7110-Building and Zoning Mechanical Inspector $ - $ - $ - $ 68,376 $ - $ - 7130-Conservation Conservation Land Chipping $ - $ 5,000 $ - $ 5,000 $ - $ - 7300-Economic Development Full-time Assistant Visitors Center $ 49,152 $ - $ 18,445 $ 67,597 $ - $ - Manager Total Land Use,Housing&Development $ 49,152 $ 5,000 $ 18,445 $ 140,973 $ - $ - Town Manager Compensation Expenses Benefits Total Recommended Not Recommended 8210 Organizational Direction Consultant Services-General $ - $ 25,000 $ - $ 25,000 $ - $and Administration Liability Insurance 8210-Org.Dir.&Admin. ADA Town Building Self-Evaluation - $ 75,000 $ - $ - and Transition Plan $ - $ 75,000 $ 8210-Org.Dir.&Admin. I Chief Equity Officer Annual Budget $ - $ 50,000 $ - $ 50,000 Is - $ - FY2025 Recommended Budget & Financing Plan March 3, 2023 A-2 8210-Org.Dir.&Admin. Sustainability&Resilience Officer - $ 25,000 $ - $ - Annual Budget $ - $ 25,000 $ 8210-Org.Dir.&Admin. Energy Intelligence Dashboard - $ 10,000 $ - $ - and BEU-D Reporting Support $ - $ 10,000 $ Total Town Manager $ - $ 185,000 $ - $ 185,000 $ - $ - Town Committees Compensation Expenses Benefits Total Recommended Not Recommended 8320-Misc.Boards& Human Rights Committee $ - $ 21,200 $ - $ 21,200 $ - $ - Committees 8320-Misc.Boards& Lexington Council for the Arts $ - $ MOW $ - $ 10,000 $ - $ - Committees Total Town Committees $ - $ 311200 $ - $ 311200 $ - $ - Finance Compensation Expenses Benefits Total Recommended Not Recommended 8420-Treasurer/Collector Tyler ERP/Cashiering Module $ -Is 144,882 $ - $ 144,882 $ -Is - Total Finance $ - $ 144,882 $ - $ 144,882 $ - $ - Town Clerk Compensation Expenses Benefits Total Recommended Not Recommended 8500-Town Clerk Staffing Improvements $ 211706 $ - $ 315 $ 22,021 $ - $ - 8500-Town Clerk Archivist/Records Officer $ 211743 $ - $ 18,047 $ 39,790 $ - $ - Total Town Clerk $ 43,449 $ - $ 18,362 $ 61,811 $ - $ - Innovation&Technology Compensation Expenses Benefits Total Recommended Not Recommended 8600-IT Junior Systems Administrator $ 6,406 $ - $ 93 $ 6,499 $ - $ - (Working Title) Total Innovation&Technology $ 6,406 $ - $ 93 $ 6,499 $ - $ - Total General Fund $ 718,352 $ 832,082 $ 152,041 $ 1,702,475 $ - $ - NON-GENERAL FUND Water/Sewer Enterprise Compensation Expenses Benefits Total Recommended Not Recommended 3600/3700 Water/Sewer Assistant Superintendent for $ 83,895 $ - $ 18,949 $ 102,844 $ - $ - Water/Sewer 3600 Water Leadman Upgrade $ 6,000 $ - $ 87 $ 6,087 $ - $ - 8410-Comptroller Water and Sewer Rate Study $ -1$ 50,000 $ - $ 50,000 Is -Is - Total Water/Sewer Enterprise $ 89,895 $ 50,000 $ 19,036 $ 158,931 $ - $ - Recreation Enterprise Compensation Expenses Benefits Total Recommended Not Recommended Full-Time Recreation Coordinator $ 46,075 1$ - $ 18,400 $ 64,475 $ -Is - Total Recreation Enterprise $ 46,075 $ - $ 18,400 $ 64,475 $ - $ - State Funding-NOI Fees Compensation Expenses Benefits Total Recommended Not Recommended 7130-Conservation Conservation Regulatory $ 20,000 $ -Is 290 $ 20,290 $ - $ - Assistant Hours Total State Funding-NOI Fees $ 20,000 $ - $ 290 $ 20,290 $ - $ - Total Non-General Fund $ 155,970 $ 50,000 $ 37,726 $ 243,696 $ - $ - FY2025 Recommended Budget & Financing Plan March 3, 2023 A-3