HomeMy WebLinkAbout2024-03-18 SB Packet - Released SELECT BOARD MEETING
Monday, March 18, 2024
Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation*
6:00 P M
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 2024 Annual Town Meeting 6:OSpm
• Up d ate -AT M 2024 Artic le 31:P ro hib it S ingle-S erve P las tic Water B o ttle s
(C itizen P etitio n)
• Amendment-AT M 2024 Artic le 29:Amend the G eneral Bylaw-No is e
C ontrol
o (a) P ro vid e c larity related to c o ns truc tio n-related no is e c o mp laints
• Approve S elect Board Report to Town Meeting
• S elect Board Article Discus sion and P o sitions
2. Discuss and Approve Expenditure of Funds for Gift of Cash Received for Lowell 6:20pm
Street Paving Project and Approve First Amendment to the Intermunicipal
Agreement with Town of Burlington
3. Discuss Town Manager S earch Process 6:25pm
4. Authorize ToWn Manager to Execute Easement Between Town of Lexington and 6:40pm
F iske C ommon C ondominium Trust
5. Discuss Appointment of S elect Board Member to Cary Library Trustees 6:SOpm
Nominating C ommittee
ADJOURN
1. Anticipated Adjournment 6:SSpm
Meeting Packet:https://lexington.novusagenda.com/agendapublic/
*Membe�s of the public can attend the meetz'ng f�om thei�compute�o�tablet by clicking on
the following link at the tz'me of the meetz'ng:
https://zoom.us/j/99739813810?pwd=bEZZNE9HK3MyY1AvcWcSdONsQOJIQT09
iP ho ne o ne-tap:
+13092053325„99739813810#,,,,*153496# US
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Telephone:
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• +1 312 626 6799 US (Chicago)
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Meeting ID: 997 3981 3810
Passcode: 153496
An Act Relative to Extending C ertain S tate o f Emergency
Ac c ommo dations:http s://www.mas s.gov/the-op en-meeting-law
T he next regularly s c heduled me eting o f the S elec t B o ard will b e held p rio r to 2024 Annual To wn
Meeting on Wednesday, March 20, 2024 at 6:OOpm via hybrid participation.
Hea�ing Assistance Devices Available on Request �
All agenda time and the o�de�of items a�e app�ximate and � � �,�„
subject to change. Recarded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDAITEM TITLE:
2024 Annual Town Meeting
PRESENTER: ITEM
NUMBER:
T ho mas Wand erer, C itizen P etitio ner;
Matt Daggett; Board Discussion I.1
S UMMARY:
C ategory: Informing/D ecision-Making
2024 Annual Town Meeting
T ho mas Wand erer, C itizen P etitio ner, will p ro vid e an up d ate to the S e lec t B o ard o n AT M 2024 Artic le
31: P ro hib it S ingle-S erve P las tic Water B o ttle s (C itizen P etitio n).
Matt Daggett will dis cus s an amendment to AT M 2024 Artic le 29: Amend the G eneral Bylaw-No is e
C ontrol(a) P rovide clarity related to construction-related noise complaints.
The S elect Board is being asked to approve the S elect Board Report to 2024 Annual Town Meeting. The draft
report is attached.
T he S elec t B o ard will d is c us s artic le s and take p o s itio ns fo r 2024 Annual To wn M e eting.
SUGGESTED MOTION:
Move to approve the S elect Board Report to 2024 Annual Town Meeting as presented.
FOLLOW-UP:
S elect Board O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/18/2024 6:OSpm
ATTACHMENTS:
Description Type
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LEXINGTOIV TOWN MEETING AMENDMENT FORM
ARTICLE N U M BER: 29a DATE: 03/13/2024
� Matthew Daggett
,
move to Amend the Motion
By substituting the following sections from part A of the motion, as follows:
Replace §80-4A(i)with: Contractors are permitted to operate tools or equipment used in construction, excluding ledge work, in
a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person
only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00
p.m. Such operation is not permitted on Sundays and legal holidays.
Replace §80-4A(ii)with: Residents are permitted to operate tools or equipment used in construction, excluding ledge work on
their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a
reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and
legal holidays only between the hours of 9:00 a.m. and 5:00 p.m.
Replace §80-4A(iii)with: Blasting and the use of powered equipment for ledge work and in the breaking of pavement, including
but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the
hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. In addition, contractors and
residents shall be required to comply with all applicable noise mitigation measures and requirements as provided by§80-8 of
this by-law.
Replace §80-8(ii)with: A noise mitigation plan required under this § 80-8 shall, at a minimum, require:
(a)The use of portable sound barriers specifically designed for mitigating noise to reduce sound levels outside the barriers by at
least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. These barriers must reduce
construction noise to prevent noise injury to Town residents.
(b)That the maximum noise sound levels from all noise sources be under 85 dB(A) at the property line.
(c)A site plan showing the site boundaries, the locations of proposed ledge work, the locations and range of movement of each
proposed noise-producing equipment to be employed, and the locations of nearby residents on all sides of the site.
(d)The use of specialized monitoring equipment for the measurement of noise as defined by§ 80-6, to be collected throughout
the periods defined by§ 80-4A, unless waived by the Building Commissioner. Collected monitoring data and compliance
reporting shall be made available to the Building Department at regular intervals or upon request.
Replace §80-8(v)with: In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction
with the Public Health Department shall have the power to enforce this section. Additionally, the Building or Public Health
Department shall maintain a record of all complaints received regarding projects subject to noise mitigation plans, to include at a
minimum, the date and nature of the complaint, a summary of the adjudication of the complaint, and any corrective or
enforcement actions taken.
Examples of text for amendments may include statements such as:
By striking the words... By adding the By striking in its entirety Section ( ) Paragraph ( ) ...
Following...
And by substituting the words... And by substituting in its place the following Secfion ( ) Paragraph ( ) ...
Acfi'on Taken: Pass Fail Unanimous Majority Other
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Contractors are permitted to operate tools or equipment Contractors are permitted to operate tools or equipment
used in construction, excludinq blast hole ' used in construction, '
drilling or rock breakinq ^'�m^'� ' � ��,^r'�, in a manner excludinq ledqe work, in a manner such that this
such that this operation creates noise across a real operation creates noise across a real property boundary
Replace ro ert boundar that would disturb a reasonabl that would disturb a reasonabl rudent erson onl on
�80-4A(i) p p y y y y p p Y
prudent person only on weekdays between the hours of weekdays between the hours of 7:00 a.m. and 5:00 p.m.
7:00 a.m. and 5:00 p.m. and on Saturdays between the and on Saturdays between the hours of 9:00 a.m. and
hours of 9:00 a.m. and 5:00 p.m. Such operation is not 5:00 p.m. Such operation is not permitted on Sundays
permitted on Sundays and legal holidays. and legal holidays.
Residents are permitted to operate tools or equipment Residents are permitted to operate tools or equipment
used in construction, including excluding blast hole used in construction, '
drilling or ^'��^^'� ' rock breaking on their own excludinq�e work on their own property, in a
property, in a manner such that this operation creates manner such that this operation creates noise across a
Replace noise across a real ro ert boundar that would real ro ert boundar that would disturb a reasonabl
�80-4A(i i) p p y y p p y y y
disturb a reasonably prudent person only on weekdays prudent person only on weekdays between the hours of
between the hours of 7:00 a.m. and 9:00 p.m. and on 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and
Saturdays, Sundays and legal holidays only between legal holidays only between the hours of 9:00 a.m. and
the hours of 9:00 a.m. and 5:00 p.m. 5:00 p.m.
�n .,��;+,�� +� +ho .�h,,,,o ����� n�, Blasting and the '� ^��� ' � +^+"o ^h^.,o r���' �� hglasting and the
— � —
use of powered equipment used in the rock breaking �# use of powered equipment�e�for ledqe work and +�
�and pavement breakinq, including but not limited the breaking of Y^^'� ^��' pavement, including but not
to hydraulic or pneumatic hammerin�c,., by contractors limited to hydraulic or pneumatic hammers, by
� or residents is permitted on weekdays only contractors and residents is permitted on weekdays only
Replace between the hours of 9:00 a.m. and 5:00 .m. and is not between the hours of 9:00 a.m. and 5:00 p.m. and is not
§80-4A(i i i) p
permitted on Saturdays, Sundays, and legal holidays. perm�tted on Saturdays, Sundays, and legal hol�days. In
Contractors and residents engaqed in rock breaking. addition, contractors and residents shall be required
or pavement breakinq shall, in addition, be required to complv with all applicable noise mitiqation
to complv with all noise mitiqation measures measures and requirements as provided bv�80-8 of
requirements in Section 80-8. this bv-law.
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A noise mitigation plan required under this § 80-8 shall, A noise mitigation plan required under this § 80-8 shall,
at a minimum, require portable sound barriers designed at a minimum, require:
to reduce sound levels outside the barriers by at least (a) The use of portable sound barriers specifically
10 d6(A) surrounding and installed as close as desi ned for miti atin noise to reduce sound
. . g a a
practicable to the source of the noise, and to limit levels outside the barriers by at least 10 dB(A),
maximum noise levels to 85 dB(A) or less at the surrounding and installed as close as practicable to
proper line. These barriers must reduce construction the source of the noise. These barriers must reduce
noise to prevent noise injury to Town residents. A noise construction noise to prevent noise injury to Town
miti ation plan may require� at the discretion of the residents.
Buildinq Commissioner, reqular noise monitoring. (b) That the
and reportinq to the Building Commissioner. �-e maximum �-e+��sound level�from all noise sources
be under 85 dB(A) at the property line.
Re lace ' . A noise mitiqation (c) A site plan showinq the site boundaries, the
p locations of ro osed led e work the locations
§80-8(ii) plan shall include a site plan showinq the site p p a �
boundaries and the locations of nearbv residents on and ranqe of movement of each proposed noise-
all sides. The site plan shall also show the location producinq equipment to be emploved, and the
of ledqe to be removed and the locations of each locations of nearbv residents on all sides of the
proposed noise-producing equipment and its range site.
of movement. (d) The use of specialized monitorinq equipment for
the measurement of noise as defined bv�80-6, to
be collected throuqhout the periods defined bv
�80-4A, unless waived bv the Buildin.g.
Commissioner. Collected monitorinq data and
compliance reportinq shall be made available to
the Buildinq Department at reqular intervals or
upon request.
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In addition to the general enforcement provisions of
Chapter 80, the Building Department in conjunction with
the Public Health Department shall have the power to
In addition to the eneral enforcement rovisions of enforce this section. Additionallv, the Buildin�
g p . . .
Replace Chapter 80, the Building Department in conjunction with Public Health Department shall maintain a record of
§80-8(v) the Public Health Department shall have the power to all complaints received reqardinq proiects subiect to
enforce this section. noise mitiqation plans, to include at a minimum, the
date and nature of the complaint, a summary of the
adjudication of the complaint, and anv corrective or
enforcement actions taken.
• Sale of Drinking Water in Single-Serving PET Bottles It shall be unlawful to sell non-sparkling,
unflavored drinking water in single-serving polyethylene terephthalate (PET) bottles of 1 liter (34
ounces) or less in the Town of Lexington on or after January 1, 2025.
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• Twent -four other Massachusetts communities alread have similar b laws in efFect,
y y y
includin fifteen communities on Ca e Cod, Concord, Needham and all of Martha's
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Vine ard and Nantucket.
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• Lookin around the countr , New York, California, and Ore on have all assed le islation
g y g p g
to limit sin le-use lastics. Globall , Canada banned the im ortation and manufacture of
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certain sin le-use lastics at the end of last ear. The Euro ean Union, the United
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Kin dom, India, China, Ken a, and Chile have all assed le islation bannin certain
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sin le-use lastic items.
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• Lexington is an environmentally-conscious community. We state:
� Lexington's climate action plan Lexington is committed to being a sustainable and resilient
communityforall.
• We st ri ve to:
. reduce greenhouse gas emissions,
. create cleaner indoor and outdoor environments
• . Plastic production, disposal, and incineration is a carbon-intensive process (equaling 190 coal
power plants in 2019) that is not in line with our voted upon goals.
• Ingestion of water from plastic water bottles introduces chemicals and microplastics into the user.
The full effects are unknown but thought to be harmful
• Plastic bottles are an eyesore and an environmental hazard to the ground water, the ocean and the
air
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• Lexington is an environmentally-conscious community. Lexington next specifies:
� Lexington Next, Lexington's Comprehensive Plan
• Lexington Next, Lexington's Comprehensive Plan update provides a strategic approach for the
planning of Lexington's future. The goals of Lexington Next is to provide.. .
. visions, goals, policies, and actionable implementation items
. goals and policies statements for future growth and development
. foundations for Lexington Next Guiding Principles (Accessible & Connected, Livable
Communit Health & Sociall Res onsible Vital & Resilient Econom Harmon
Y� y y p � y� Y
with N atu re Good Governance
� )
. visions for land use, housing, economic development, transportation and circulation, historic and
natural resources, and public facilities
.
• Eliminating single use plastic bottles is consistent with and advances the goals of
Lexington's Climate Action & Resilience Plan.
• What does the bylaw say?
� The bylaw makes it unlawful for commercial businesses to sell non-carbonated, unflavored drinking
water in single-use plastic bottles of less than one liter in the Town of Lexington, beginning January 1 ,
2025. There are no restrictions on residents' personal use of these products within town.
• What can businesses sell instead?
• Businesses can continue to sell water in single-use aluminum bottles or cans, glass bottles, boxes,
or any other non-plastic packaging. The most eco-friendly choice is an aluminum bottle or can that
can be reused and recycled. Businesses can also continue to sell water in plastic packaging larger
than one gallon. Please note that Lexington does NOT currently ofFer recycling options for boxed
water.
� Businesses can also sell reusable water bottles as an additional profit making item with the
additional benefit of advertising.
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• Estimates vary, but it is believed that less than 20% of plastics will actually be recycled. The rest will
be landfi I led, bu rned, or end u p as I itter on land or i n the ocean. When plastics are recycled, they
almost always require the addition of new "virgin" plastic, which requires the extraction of fossil
fuels, before they can be made into a new product. Producing products with recycled plastic is also
more expensive than using new plastic, further discouraging this type of production. Aluminum, on
the other hand, has a high recycling rate and can also be safely reused.
• The disposal of the plastic waste is a cost to the the taxpayers
• Disposal of the waste also exacerbates social inequalities if it is burned the air and water pollution
is concentrated in lower income areas
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• According to the United Nations, 91 % of all plastics produced are for single use, items used once
then thrown away. Since 2010, yearly water bottle consumption in the United States has grown by
40%. Single-use plastic water bottles are replaceable and serve as a first step toward Lexington's
net zero goals. The best alternative is a refillable water bottle, and water is easily accessible, safe,
and available through hydration stations, bubblers, and the tap.
• According to the owner of Alexanders Pizza 80% of his customers buy water in single use plastic
bottles. So focusing on water can have a big effect.
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• No and that is something that needs to be addressed. There is one near the Lexington Historical
Building and water can be obtained at the visitors center and at the community center.
• I spoke to a few establishments, (Dunkin, Avenue Deli, Alexander's, Via Lago and Qudoba) while
they did not seem happy about the petition they all provide free water on request and most provide
a free cu p for customers to use
Town of Lexington
Motion
2024 Annual Town Meeting
ARTICLE 31 PROHIBIT SINGLE-SERVE PLASTIC WATER BOTTLES (Citizen Petition)
MOTION:
That Chapter 81 of the General Bylaws be amended to add a new Article IV that would read as follows:
§81-16. Sale of Drinking Water in Single-Serving PET Bottles
It shall be unlawful to sell non-sparkling, unflavored drinking water in single-serving polyethylene
terephthalate (PET) bottles of 1 liter (34 ounces) or less in the Town of Lexington on or after January 1,
2025.
§81-17. Exemption for Emergencies
Sales occurring subsequent to a declaration of an emergency adversely affecting the availability and/or
quality of drinking water to Lexington residents by the Emergency Management Director or other duly-
authorized Town, Commonwealth or United States official shall be exempt from this Bylaw until seven
days after such declaration has ended.
§81-18. Enforcement Process
Enforcement of this Bylaw shall be the responsibility of the Town Manager or their designee. The Town
Manager shall determine the inspection process to be followed, incorporating the process into other town
duties as appropriate. Any establishment conducting sales in violation of this Bylaw shall be subj ect to a non-
criminal disposition fine as specified in the Regulations for Enforcement of Town Bylaws under MGL c. 40, §
21 D as specified in Section 1-6(B) of the Code of the Town of Lexington. Any such fines shall be paid to the
Town of Lexington.
§81-19. Suspension of the Bylaw
If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become
unreasonable, then the Town Manager shall so advise the Select Board and the Select Board shall conduct a
Public Hearing to inform the citizens of such costs. Subsequent to the Public Hearing, the Select Board may
continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine.
(O1/23/2024)
1
Select Board Positions
Working Document
ARTICLE
# UPDATE AT SELECT
SELECT BOARD
Article Name BOARD MTG PRSNTR CONSENT IP JP SB DL JH MS
1 Notice of Election -
2 Election of Deputy Moderator and Reports of Town _
Boards,Officers and Committees
3 Appointments To Cary Lecture Series, - � � � � �
Finaneial Articles
4 Appropriate Fy2025 Operating Budget Jp � � � � � � �
5 Appropriate Fy2025 Enterprise Funds Budgets DL � � � � �
6 Appropriate For Senior Services Program SB C � � � � �
7 Sustainable Capital Proj ects MS � � � � �
8 Accept Tucker Ave(Westernmost Portion) DL � � � � �
9 Establish And Continue Departmental Revolving Funds DL Y Y � Y �
Appropriate The Fy2025 Community Preservation
Committee Operating Budget And CPA Proj ects
a.Cary Memorial Library Renovation—$4,000,000 � � � � �
b.Archives and Records Management—$20,000 C � Y � � �
c.Park Improvements—Athletic Fields—Bowman School �
—$545,000 � � � � �
d.Lincoln Park Fitness Stations Equipment—$160,000 � � � � �
10
e.Park Improvements—Hard Court Surfaces—Valley Rd— � � � � �
$492,000 1/22/2024 MS
f.Lincoln Park Field Improvements—$1,145,000 � ����� � ���� ��� ���� ��� ����
g.LexHAB Support,Restoration,Preservation,and
� Y � � �
Decarbonization—$482,365
h.Lexington Housing Authority Exterior Preservation— � � � � �
$100,000
i.Affordable Housing Trust Funding—$3,200,000 Y � � � �
'.Projected Debt Service—$681,200 C � Y � � �
k.Administrative Budget—$150,000 C � � Y � Y
11 Appropriate For Recreation Capital Proj ects SB C � � � � �
as of March 11,2024
Select Board Positions
Working Document
ARTICLE
# UPDATE AT SELECT
SELECT BOARD
Article Name BOARD MTG PRSNTR CONSENT IP JP SB DL JH MS
Appropriate For Municipal Capital Proj ects And
Equipment
a)Transportation Mitigation C � � �� � �
b)Heavy Vehicle Extrication Equipment � � � � �
c)Ambulance ReplacemenT C � � � � �
d)Equipment Replacement C � � � � � �
e)Sidewalk Improvements C � � � � �
�Hydrant Replacement C � � � � �
g)Townwide Signalization Improvements C � � � � �
h)Stormwater Management Program C � � � � �
12 MS
i)Cemetery Columbarium-Design � � � � �
j)Public Parking Lot Improvement Program � � � � �
k)Network Core Equipment Replacement C � � � � �
1)Municipal Technology Improvement Program C � � � � �
m)Network Redundancy&Improvement Plan C � � � � �
n)Network Technology Improvements C � � � � �
o)Scanning-Electronic Document Management C � � � � �
p)Election Equipment Upgrade � � � � �
q)Street Improvements C � � � � � �
13 Appropriate For Water System Improvements MS C � � � � �
14 Appropriate For Wastewater System Improvements MS C Y � � � �
15 Appropriate For School Capital Proj ects And Equipment DL C Y � � � �
as of March 11,2024
Select Board Positions
Working Document
ARTICLE
# UPDATE AT SELECT
SELECT BOARD
Article Name BOARD MTG PRSNTR CONSENT IP JP SB DL JH MS
Appropriate For Public Facilities Capital Proj ects
a)Public Facilities Bid Documents C � � � � �
16 MS C � � � � �
b)Public Facilities Interior Finishes
c)School Paving and Sidewalks C � � � � �
d)Public Facilities Mechanical/Electrical/Plumbing Repl C � � � � � �
17 Appropriate To Post Employment Insurance Liability Fund DL C � R � � �
18 Rescind Prior Borrowing Authorizations JH � � � � �
19 Establish,Amend,Dissolve And Appropriate To And From SB � � � � �
Specified Stabilization Funds
20 Appropriate For Prior Years'Unpaid Bills SB C � � � � �
21 Amend Fy2024 Operating,Enterprise And CPA Budgets JH Y Y � Y �
22 Appropriate For Authorized Capital Improvements DL C Y � � � �
23 Appropriate Opiod Settlement MS � � � � �
24 Appropriate Funding For Semiquincentennial Commission 2/5/2024 SB � � � � �
25 Pine Meadows Clubhouse Renovation SB � �
26 Appropriate for Design Funds for Lexington High School Jp � � � �
Construction Proj ect �
27 Appropriate for Renovation of 173 Bedford Street JP � � � � �
General Articles
28 Select Board To Accept Easements DL C � � � � �
Amend the General Bylaw-Noise Control
29 a)Construction Noise JP � ���� � ��� �� ���
b)Commercial Gas Leaf Blower Prohibition Delay ����� � ��� �� ���
30 prohibit Single-Use Food Containers(Citizen's Petition)- JH C I
I
as of March 11,2024
Select Board Positions
Working Document
ARTICLE
# UPDATE AT SELECT
SELECT BOARD
Article Name BOARD MTG PRSNTR CONSENT IP JP SB DL JH MS
31 prohibit Single-Serve Plastic Water Bottles(Citizen's 2/12/2024 JH
Petition)
32 Old Spring Street Name Change SB Y � � � �
33 Authorize Affordable Housing Trust To Seek Affordable 2�5/2024 MS Y � � � �
Housing
34 Amend General Bylaws-Tree Bylaw-Tree Protection 1/22/2024 JP � Y � � �
Plan
35 Amend General Bylaws-Tree Bylaw-Require Mitigation 1/22/2024 JP � Y Y �
Planting In Certain Instances
36 Amend General Bylaws-Tree Bylaw-Exemptions 1/22/2024 JP � � � � �
37 Importance Of Trees Resolution(Citizen Petition) 1/22/2024 JP � ����� � ��� ���� � �����
Amend Regulation Of Fossil Fuel Infrastructure Bylaw-
38 Meet Department Of Energy Resources(Doer)Requested JH Y � � � �
Chan es
39 Home Rule Petition To Adjust The Number Of On-Premise DL � Y � Y �
Wine And Malt Alcohol Licenses
40 Integrated Pest Management Resolution(Citizen Petition) 2/12/2024 MS � � � Y Y
41 Massachusetts Bay Transportation Authority 3/4/2024 JH � � � � �
42 Digital Publication Of Legal Notices(Citizen Petition) Y � � � � � �
2/12/2024 JP
43 Voting Rights 16 And Older(Citizen Petition) Y _ � � �
2/12/2024 DL
44 Amend General Bylaws—Chapter 100 Public Ways And C I
Places Citizen Petition SB
45 Indigenous Peoples Day(Citizen Petition) � � � �
2/12/2024 JH
46 Royal Family Invitation To 250th Celebration DL ��� � �� � ��� �
Zoning Articles
47 Amend Zoning Bylaw-Signs Y �
2/26/2024 JP
48 Amend Zoning Bylaw-Short Term Rentals 2/26/2024 DL � � �
49 Amend Zoning Bylaw-Permitted Uses and Development � �
Standards 2/26/2024 MS
50 Amend Zoning Bylaw-Inclusionary Housing For Village � � �
And Multi-Famil Overla Districts 2/26/2024 JH ����� 4
Select Board Positions
Working Document
ARTICLE
# UPDATE AT SELECT
SELECT BOARD
Article Name BOARD MTG PRSNTR CONSENT IP JP SB DL JH MS
51 Amend Zoning Bylaw—Maximum Height For Village � � � �
Overla District 2/26/2024 JH
52 Amend Zoning Bylaw And Map-Technical Corrections 2/26/2024 SB � � � � �
53 Amend Zoning Map-507 Bedford Street(Owner Petition) C � � � � �
� JH
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54 Amend Zoning Map-509 Bedford Street(Owner Petition)- C � � � � �
� s� � JH
as of March 11,2024
SELECT BOARD
TOWN OF LEXINGTON
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MARCH 18, 2024
Select Board:
Joseph N Pato,Chair;Suzanne E.Barry,Vice-Chair;Douglas M.Lucente;
Jill I.Hai;Mark D.Sandeen;
Kim Katzenback,Executive Clerk
Table of Contents
Message from the Select Board Page
Select Board Goa1s Page
Budget and Finance Planning Page
Lexington High School Project Page
American Rescue Plan Act(ARPA) Page
Social Racial Equity Initiatives Page
Municipal&School Building Projects Page
Update on Recent Home Rule Petitions Page
2025:The 250th Anniversary of the Battle of Lexington Page
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March 2024
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This report to Annual Town Meeting 2024 under Article 2 contains an update on issues and topics
the Board felt would be of interest to Town Meeting Members.This year we have included:
• an overview of Select Board goals and actions taken to achieve them;
• reflections on budget and finance planning;
• use of American Rescue Plan Act(ARPA)funding;
• Lexington High School project;
• social&racial equity initiatives;
• update on municipal and school building projects;
• update on recent home rule petitions;
• 2025:the 250th anniversary of the Battle of Lexington.
In addition,the Board would like to note Town Manager Jim Malloy's plans to retire at the end
of September 2024. Mr. Malloy came to Lexington in 2018 and has provided skilled leadership
throughout the trying pandemic years.He brought to Lexington a deep background in financial
planning and established guidelines for the use of the Capital Stabilization Fund that will serve
to reduce the burden of big-ticket capital projects like the upcoming Lexington High School
project. In addition, Mr. Malloy has been a statewide and international leader serving on the
Board of the Massachusetts Municipal Association (MMA) and then as President of the
International City/County Management Association (ICMA). The Board looks forward to
continuing to work with Mr.Malloy until his retirement.
1
Should you have any questions or comments regarding this report, we encourage you to get in
touch with any member of the Board.Select Board meetings are generally held Monday evenings
at 6:30pm in the Select Board meeting room of the Town Office building, and via zoom. Board
members' office hours as well as the Select Board meeting packets are posted at
https://www.lexingtonma.gov/755/Select-Soard. We can be reached via email (below) or by
calling the Select Board Office(781-698-4580)to schedule a phone conversation or meeting.
•Joe Pato,Chair:ipato@lexin�tonma.�
•Suzie Barry,Vice-Chair:sbarry@lexin�tonma.�ov
•Jill Hai: jhai@lexin tonma.�
•Doug Lucente:dlucente@lexin tonma.�
•Mark Sandeen:msandeen@lexin tonma.�
Respectfully submitted,
Lexington Select Board
Joseph N.Pato,ChaiY
Suzanne E.Barry,Vice Chair
Douglas M.Lucente
Jill I.Hai,Chair
Mark D.Sandeen
2
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During the fall of 2023,the Select Board engaged Jon Wortmann to interview staff and Town Committees
to gather input for the upcoming two-year goal set.The Select Board met on October 11,2023,to review
these aspirations and identified the Soard's top priorities.Each goal was assigned to one member of the
Soard with a second member volunteering on some to assist as needed.During November and
December Board members worked with Mr.Wortmann to identify measurable actions against those
goals.
All goals will be continually reevaluated under core shared principles including:
• Our commitment to fostering a diverse,inclusive,and equitable community that thrives on the
principles of respect,dignity,and fairness.We recognize that diversity enriches our community,
brings together unique perspectives,and strengthens our ability to effectively serve our residents.
This includes our ambition to:
o Increase and broaden diverse participation in our professional ranks and civic activities
o Welcome all people in Lexington
o Consider health in all decisions
o Provide recreation facilities for all
• Honoring our rich historic traditions and taking pride in Lex250th celebration events
• Diversifying the commercial tax base to reduce financial burdens on residents allowing more to
remain and lower the barriers for new residents to call Lexington home.
• Our commitment to being a sustainable and resilient community for all where we strive to:
o Reduce greenhouse gas emissions,
o Create cleaner indoor and outdoor environments,and
o Ensure all members of our community have access to the tools they need to
o Be resilient in a changing climate.
Goal#1: Enhance community vibrancy by increasing diversity of housing stock in size,
accessibility,and price(primary:Jill Hai assistant:Mark Sandeen)
Up date:
• Article 33 at Annual Town Meeting 2024 seeks authority for the Select board to sell,lease or
otherwise dispose of Town owned land for the purpose of developing affordable housing.Any
proposal at this site would be required to be 100%affordable,and all units must qualify for and
be included in the Subsidized Housing Index.
• The Board allocated$1,455,000 in ARPA funds for the acquisition of housing units by LexHAB
in order to retain smaller one-and two-family houses,now included in the Subsidized Housing
Index
• The first proposal under the revised Special Residential Development bylaw,which is the
product of a Select Board appointed committee,has been introduced. Following the guidelines
created by the committee,it proposes two 2-f amily homes and two three family condominium
buildings,for 10 units in four buildings,rather than a conventional development of single family
homes.Eight of the 10 homes will be served by elevator,increasing their accessibility and 15%of
the gross floor area is dedicated to affordable housing.40%of the developable lot is retained as
open space.
3
Goal#2: Recognize and minimize issues around construction preserving quality of life
(primary:Joe Pato,assistant:Mark Sandeen)
Up date:
• Proposed revisions to the noise by-law to remove ambiguities about construction techniques and
the need for mitigation plans for consideration as Article 29a at the Annual Town Meeting 2024.
• Revised Noise Advisory Committee charge and began process to reconstitute the committee.
When formed,the committee will be tasked to create a process for revising the noise by-law to
establish noise limits appropriate to location or activity and clarify enforcement to be completed
no later than Annual Town Meeting 2025.
• The Tree Committee has brought 3 articles to Annual Town Meeting 2024(34,35,and 36)
providing additional protections for trees related to construction activities.
Goal#3: Create a more vibrant downtown(primary:Doug Lucente,assistant:Jill Hai)
Update:
• Prioritizing Initiatives:The Select Board heard the final report and recommendations from
consultants on March 6th,stemming from the community workshops held in Fall 2023 titled
"Lexington Center:The Journey Forward."These insights will be instrumental in refining and
prioritizing our downtown revitalization efforts.
• Diversifying Alcohol Uses:Progress is underway to allow more varied alcohol-related
experiences.Proposed bylaw amendments to allow Craft Beverage Establishments are
encapsulated in ATM Article 49.Pending a favorable decision from the Town Meeting,
subsequent actions will involve the Select Soard re-evaluating our alcohol policies to support this
diversification.
• Streamlining Business Signage:Enhancements to the sign bylaw,aimed at simplifying signage
processes for businesses,are detailed in ATM Article 47.These changes await final adjustments
by the Planning Board and a positive vote at the Town Meeting,marking a significant step
towards a business-friendly downtown.
• Tourist-Focused Social Media lnitiatives:In alignment with our goal to enhance downtown
vibrancy,the Semiquincentennial Commission has partnered with a communications firm.This
collaboration focuses on leveraging social media campaigns designed to attract tourists,
especially during the 250th-anniversary celebrations,further enriching our downtown's appeal.
These initiatives collectively represent our commitment to transforming Lexington's downtown into a
more engaging,accessible,and vibrant community hub.
Goal#4: Improve communication efficiency in Board meetings and with staff
(primary:Joe Pato,assistant:Suzie Barry)
Up date:
• Working with staff to revise procedures for requesting an item on the Select Board agenda.
Guidelines for submission materials include logistical information,requested action,as well
common areas of concern that Board Members will want to see addressed.Completion expected
by end of Spring 2024.
• Exploring how to integrate the above procedures with new agenda management software that
will replace the now obsolete Novus Agenda package.
4
Goal#5: Transition to 100%renewable energy
(primary:Mark Sandeen)
Up date:
• There are approximately 18 MW of solar energy systems currently installed in Lexington.
• There were 3.6 MW of new solar energy systems added in Lexington during 2023.
• Approximately 55 million kWh of Lexington's commercial electricity usage is currently provided
from 100%renewable energy sources.
• The Town of Lexington has established the HeatSmart Advisor program to provide Lexington
residents who express an interest in converting their HVAC systems to heat pumps with the
educational resources,advice,and consultation to empower them to make the transition with
confidence.The program is now in its second year.
• There are currently 1,505 electric vehicles(6.2%)and 2,692 hybrid vehicles(11.3%)registered in
Lexington versus 19,889 internal combustion vehicles(82.5%)according to the Massachusetts
DOT vehicle census as of January 1,2024.There were 431 additional electric vehicles registered in
Lexington in the last year.There were 358 additional hybrid vehicles registered in Lexington in
the last year.
• The Massachusetts Department of Energy Resources approved Lexingtori s application to
participate in the 10 Communities Demonstration Project with a start date of March 21,2024.
• The first year of Building Energy Use Disclosure Data has been published on the Town website.-
https://www.lexin tog nma• o�v/1645/Suildin -�Ener�y-Use-Disclosure
• Complete Net Zero Police Station-Construction is underway for the solar canopy structure,
which is expected to be completed by the Fall of 2024.
• Establish Net Zero design standards for the new high school design-The School Suilding
Committee has established design standards with the high school design team for a highly
efficient,net-zero,all-electric high school.
• Establish High Performance Building standards for existing municipal buildings-The Select
Board approved the High-Performance Buildings Policy on December 18,2023.
• Complete Network Geothermal Feasibility Study-The Town of Lexington was awarded a grant
to complete this study and expects to issue a report by the end of 2024.
• Develop the Getting to Zero Emissions Transportation Plan
• Develop Town's Fleet Charging Infrastructure Plan-Initial discussions are underway.
• Curbside Composting for one third of Lexington residents-The Select Soard has approved the
use of ARPA composting from 2,000 households to 4,000 households or approximately one third
of Lexington residents.
_.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
• Become a Climate Leader funds to expand curbside Community commented��P��:what doeS th�S mean?seems l�ke Someth�ng
got lost
Goa1#6: Advance age-in community initiatives for Lexington seniors
(primary:Doug Lucente)
Update:
While there has been no notable advancement on these initiatives by the Select Board at the local level,at
the state level,Governor Healey has filed the Municipal Empowerment Act,which introduces several
measures that could indirectly support Lexington's age-in-community initiatives.Key components
include:
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• A new local-option means-tested property tax exemption for seniors,allowing cities and towns to
offer additional property tax exemptions to qualifying seniors based on specific income and asset
levels,residency duration,and homeownership.
• Extension of the local option for personal exemptions to seniors,blind persons,and others,
allowing those whose domiciles are held in trusts or other arrangements to qualify for
exemptions.
• Authorization for municipalities to increase existing senior property tax exemptions beyond the
current$5001imit.
These measures,if passed by the legislature,could provide a framework for Lexington to advance its
age-in-community initiatives,offering financial stability and support for seniors to maintain
independent living in their homes.
Goal#7: Raise community awareness and engagement with the high school project
(primary:Suzie Barry,assistant:Joe Pato)
Update:
• Working with the School Building Committee to publish and inform the community of
community meeting information and updates on the Town website and in Link to Lexington e-
newsletter with clear reference to LHS Project website.
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The Select Board is committed to ensuring fiscal responsibility and sustainable growth through careful
budget and financial planning for FY2025,focusing on preserving the Aaa bond rating,avoiding operating
overrides,and planning for significant projects like the new Lexington High School.The FY2025 budget,
developed without a Proposition 21/2 Operating Override, supports the Board's vision for Lexington,
emphasizing staffing,environmental initiatives,capital improvements,and infrastructure maintenance to
achieve a balanced financial plan that aligns with community priorities.
Staffing-The budget incorporates staffing expansions to address the operational needs arising from new
town bylaws and to continue investments in environmental initiatives, such as electric vehicles and
enhancing our food waste and composting program.Specifically,it funds new roles such as an Assistant
Superintendent of Public Grounds and a part-time Code Enforcement Officer, in response to the
requirements of new tree and noise bylaws,as well as fire and mechanical inspectors due to the uptick in
development from zoning bylaw modifications. These additions reflect the town's commitment to
managing increased service demands while adhering to stricter regulations.
Capital Improvement and Infrastructure-The Capital Improvement Program is designed to make timely
investments in town assets,enhancing public services.The FY2025 Capital Sudget includes funds for the
new Lexington High School and allocates $6.0 million for renovations at 173 Sedford Street. This
renovation is crucial for reorganizing town assets in light of the high school project and will make the
building suitable for the School Administration staff during the construction period.The work involves
installing an elevator,replacing the HVAC system,adding a sprinkler system,and reconfiguring interior
spaces.Additional updates will be required after the Lexington Police Department relocates,especially to
improve accessibility,fire protection,and new electric HVAC systems.
6
Aaa Bond Rating-The Town of Lexington has maintained an Aaa credit rating,which is the highest credit
rating a municipality can receive.This rating,affirmed by Moody's Investors Service,reflects the town's
strong fiscal management, characterized by conservative budgeting, a sizeable and wealthy tax base,
healthy reserves and liquidity,and voter support for debt exclusions.Holding an Aaa rating allows the
town to borrow funds at the most favorable interest rates,providing significant financial advantages for
managing the town's debt and financing its projects.
Capital Stabilization Fund-The Capital Stabilization Fund(CSF)underwent a policy revision in Fa112021
to allocate new levy growth from specified commercial and industrial development to the CSF,rather than
that growth becoming part of general revenue.This strategy aims to preserve levy capacity for managing
sudden increases in debt service for major capital projects,such as high school construction.For FY2025,
the budget maintains this approach,with$4,036,373 transferred to the CSF from the tax levy,consistent
with FY2024.This amount is expected to increase as new levy growth is calculated for FY2025,with an
additional transfer planned for the Fall 2024 Special Town Meeting. After this budget cycle, the CSF
balance will exceed$36.0 million.The CSF plays a crucial role in our fiscal strategy,setting aside new tax
levy growth for future capital projects.This approach allows us to build reserves for forthcoming capital
endeavors,particularly the renovation or reconstruction of Lexington High School.Our commitment to
this fund has not only provided tax relief to citizens by reducing debt service excluded from Proposition
21/2 but also prepares us for significant capital projects ahead.
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As we approach the conclusion of the American Rescue Plan Act(ARPA)funding period,we are pleased
to present an update on the allocation and utilization of ARPA funds in our community.The Town of
Lexington was allocated a total of$9,903,381 in ARPA funds, aimed at addressing the impacts of the
COVID-19 pandemic and f ostering recovery across critical sectors.
As of February 5,2024,the Select Board has approved spending totaling$9,110,345.The funds have been
allocated to the following initiative areas:
• Economic Stimulus&Resiliency:The largest portion,approximately 37%of the funds,was
earmarked to support our local economy,including bolstering the cultural sector,aiding small
businesses,enhancing community events,updating digital platforms,improving public spaces,
and fostering bikeway mobility and engagement.
• Public Health&Safety:With 26%of the funding,this area focused on bolstering the town's
health department and public safety measures in response to the pandemic.
• Housing:16%of the funds were allocated to address housing needs,ensuring support for those
affected by the pandemic in securing stable housing.
• Pandemic Response:l3%of the funds were directly used for pandemic-related expenditures,
including testing,vaccination programs,and other immediate health needs.
• PIRs(Program Improvement Requests):6%of the funds have been utilized for enhancing the
Food Waste Program,acquiring a new electric vehicle for the Health Department,and
formulating an ADA Town Building Self Evaluation and Transition Plan.
• Food Insecurity:A smaller,yet crucial2%of the funds addressed food insecurity,ensuring that
residents affected by the pandemic have access to necessary resources.
7
The Participatory Budgeting(PB)process implemented in the previous year,which actively engaged our
citizens in the decision-making process,leading to impactful community projects. However, given the
stipulation that all ARPA funds must be committed by December 31,2024, the continuation of the PB
process will not be feasible this calendar year.Further,it is important to note that,despite concerted efforts,
the initiative to establish a Dog Park will not proceed due to the inability to identify a suitable location
within the time frames for ARPA spending.We extend our gratitude to all residents who participated in
the PS process, contributing valuable insights and demonstrating the strength of our community's
collective vision.
With an available balance of$899,974,the Select Board is dedicated to navigate the final phase of ARPA
fund allocation and utilization.The Select Board remains committed to ensuring that these resources are
deployed in a manner that maximizes benefits for our community,adhering to the guiding principles of
transparency,equity,and strategic impact.
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The Lexington High School project is likely to be the most ambitious and expensive project undertaken by
the Town of Lexington. Plans for this project have been brewing for years leading to the 2017 LHS
Visioning process, the 2019 LPS Strategic Plan and the creation of the Master Planning Advisory
Committee during the 2018-2019 year. In 2022 Lexington was invited into the Massachusetts School
Building Authority(MSBA)Eligibility Period beginning the current process for the project.
During 2023 the Lexington High School Building Committee(SSC)was involved in the steps outlined by
the MSSA in Module 2 Forming the Project Team.This phase of the project is where the Owner's Project
Manager(OPM)and the Design team are selected.The OPM selection process concluded in May with the
selection of Dore + Whittier. The SBC then worked with the MSBA's Designer Selection Panel and
ultimately selected SMMA as the preferred Designer for the project in October 2023.
The feasibility phase,MSBA Module 3,began in earnest in November 2023 and will continue through End
of May 2024. In this phase a minimum of three options must be identified.At least one option for repair
only,renovation,and new construction must be identified.The project team has begun to seek feedback
from the multiple town groups,committees,boards,and departments through focus group discussions
which are intended to be implemented in a 3-step approach: meeting 1 - listen to feedback from
stakeholders; meeting 2 - the design team will report back what they heard and clarify with the
stakeholders;meeting 3-will be to have these focus groups make a recommendation on elements and
attributes of the project that the SBC should consider.
Detailed information about the project is publicly available at: https://lhsproject.lexin�tonma.or�The
current expected timeline for the LHS Project is illustrated below.2024 Annual Town Meeting is being
asked to appropriate for design funds for the project of$10M via article 26.The next major funding action
by Town Meeting expected to occur at a Special Town Meeting near the end of 2025 followed by a town-
wide debt exclusion vote.Occupancy in the new or renovated facility is expected at the end of this decade
or early in the next.
8
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The Select Board recognizes that social and racial injustice has deep roots.The Board has made a proactive
and ongoing commitment to engage in comprehensive and ongoing community conversations to better
understand community needs and to consider diversity,equity,and inclusion in policies and plans,all
with the goal of making Lexington a truly equitable community for all.
The Select Board has adopted Diversity,Equity&Inclusion as one of its goals,including a commitment to
develop and implement a comprehensive racial equity plan,consider racial and other equity impacts in
all decisions and planning processes, and incorporate the goals of Town Meeting's systemic racism
resolution in each department's goals and objectives.The Select Board recognizes that accomplishing these
goals will require a budgetary commitment to training and continuous improvement and has
recommended establishing a budget for accomplishing these goals.
The Chief Equity Officer (CEO) leads the Town in achieving these goals.The CEO is in the process of
updating job descriptions and expanding posting locations with the goal of encouraging a broader
applicant pool for Town staff positions.The CEO is also working with senior leadership to incorporate
more effective interviewing techniques with these goals in mind.
The CEO has initiated an internal equity audit in collaboration with an independent diversity,equity and
inclusion consulting organization.During this process 120 staff inembers participated in training sessions,
65 staff inembers participated in focus groups on racial identity, disability, management,women, and
LGBTQIA+topics that were open to all staff.In addition,40%of town staff answered a survey on equity
issues.
The CEO has started a compensation study, in collaboration with an independent human resources
consultant, considering internal pay equity and to ensure that salary ranges and benefits remain
competitive for all staff.
The CEO,in collaboration with the Police Chief,held six Coffee and Conversation with the Chief events,
with a total of over 40 residents having an opportunity to discuss community concerns with the Police
Chief.
9
The CEO collaborated with the Sustainability&Resilience Officer to develop a framework used by senior
leadership to consider Sustainability and DEI in staff's day-to-day operational decisions and long-term
planning processes.This framework has been presented to the Select Board who encouraged a broad and
inclusive community-wide focus for these initiatives.
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The Board continues to address the issues of maintaining and improving our municipal and school
building infrastructure.The following section includes the current status of Lexingtori s building projects.
The Lexington High School building project is covered in the Lexington High School section of this report.
Westview Cemetery Administration Building
Start Date:April 2022
Proj ect Completion Date:August 2023
Proj ect Budget:$4,330,000
Funding:ATM 2017-Article 120/ATM 2020-Article 16k/STM 2021-1 Article 7
Design funding of$270,000 was approved at ATM 2017. Initial construction funding of$3,290,000 was
approved at ATM 2020 under Article 16k.Initial construction bids came in higher than the appropriated
amount.As a result,Town Meeting approved additional construction funding of$770,000 at STM 2021-1
under Article 7. Construction was completed and the building occupied in August 2023. During a
significant winter storm,a 100-foot pine tree fell on the building. Fortunately,no one was injured,however
the building did sustain minor damage. The roof has been temporarily patched and remains watertight.
The roof,insulation, decking, and drip edge will be replaced when temperatures are warmer. A solar
energy system will be installed in compliance with the Towri s net zero renewable energy policy goals.
Construction of the solar energy system is expected to be completed during the summer of 2024.
Lexington Police Station
Appropriation:$34,517,622
Status:Construction underway
Estimated Project Completion Date:Fa112024
Funding:ATM 2018-Article 14/STM 2021-1 Article 5a/STM 2022-1 Article 2/ATM 2023 Article 16(i)
The new Police Station facility is being constructed in compliance with the Towri s Integrated Building
Design and Construction Policy and will be solar ready in furtherance of the Town's net zero renewable
energy policy goals.The building design and construction includes all of the infrastructure necessary to
support onsite solar energy generation and energy storage systems designed to reduce the building's
energy consumption and peak demand charges,while improving the building's resilience in the event of
power outages and enabling high speed electric vehicle charging for the Police Department's electric
vehicle fleet.
The solar energy canopy design went through an extensive public process to secure approval of a design
that is appropriate for the neighborhood and meets the requirements of the Historic Districts Commission.
The Historic Districts Commission issued a Certificate of Appropriateness in November 2023.
Construction of the footings for the canopy have begun. Solar canopy and energy storage system
construction is expected to be completed by the Fall of 2024 with a goal of having the solar canopy project
completed at the same time as the Police Station to maximize efficiencies with the site contractor.
01d Reservoir Bath House Renovation
Appropriation:$620,000
10
Funding:ATM 2019-Article 14g
Initial bids received by the Town exceeded the appropriation approved by Town Meeting. The
Department of Public Facilities and Recreation Department staff proposed design changes and
procurement alternatives to lower overall project costs.DPF went out to bid a second time and the bids
received were still well above the appropriation approved by Town Meeting. The Recreation Committee
is reviewing the current status and deliberating on next steps for this project.
Center Bathroom&Maintenance Building Renovation
Appropriation:$780,000
Proj ect Completion Date:October 2024
Funding:ATM 2020-Article 16b/ATM 2021-Article 16g/ATM 2022-Article 10e
2020 Annual Town Meeting approved$100,000 in design and engineering funds for the Center Sathroom
building renovation project.At the 2021 Annual Town Meeting,the Select Soard recommended indefinite
postponement of warrant article 16g requesting $915,000 in construction funding to a future Town
Meeting. 2022 ATM approved warrant article 10e requesting$680,000 in funding for this project. The
renovation of the Center Bathroom facility was completed in October 2024.
.� �...... i��....... ��...... �.....�.... �:�..�:�.. �
There are six home rule petition requests approved at recent Town Meetings that remain under
consideration by the legislature.No final action has been taken by the legislature on any of these petitions.
• STM 2020-2:Article 6 - Authorize Special Legislation Development Surcharge for Community
Housing(Citizen Petition)
Bill H.4314 (male�islature. o�v� An Act authorizing a development surcharge for community
housing in the town of Lexington
Status:Reported favorably by the Joint Committee on Municipalities and Regional Government.
Referred to the committee on House Steering, Policy and Scheduling, reported out for second
reading.Second reading on 7/31/2022 and ordered to a third reading.No further action by the
end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Bill HD.3088.
https://male�islature.�ov/Bills/193/HD3088
Status:House referred to committee on revenue 2/16/23,Senate concurred;Hearing 7/17/23
accepting written testimony only;House reporting date extended to 4/30/24 pending Senate
concurrence.
This may be mooted if Governor Healey's Affordable Homes Act is adopted,which includes a
provision for local adoption of real estate transfer fees.The Select Board and Housing Partnership
have each voted unanimous support for the Real Estate Transfer Fee local option. More
information and financial analysis can be found here:
11
https://www.mass.�ov/info-details/the-affordable-homes-act-transfer-fee-
anal�sis#:�:text=The%20Affordable%20Homes%20Act%20includes,home%20price%2C%20whic
hever%20is%20 r�eater
• ATM 2021: Article 26 - Petition General Court to Amend Legislation Regarding Permanent
Transportation Funding
Bill H.3892 (male�islature.�ov� An Act authorizing the town of Lexington to establish transit
improvement districts.
Status:Referred to Joint Committee on Transportation,reported favorably after study.No further
action by the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Sill H3704.
https://male�islature. o�v/Bills/193/HD2481
Status:House referred to the committee on Transportation 3/30/23,Senate concurred;Joint
hearing scheduled 1/10/24
• ATM 2021:Article 29-Clean Heat-Authorize Special Legislation to Regulate Fossil Fuel
Infrastructure and Adopt Bylaw Amendment Enabling Legislation
Bill H.3893(male,�islature.��An Act authorizing the town of Lexington to adopt and enforce
local regulations restricting new fossil fuel infrastructure in certain construction.
Status:Referred to Joint Committee on Telecommunications,Utilities and Energy
No further action by the end of the legislative session.
The need for this home rule petition has been largely made moot by Chapter 179 of the Acts of 2022
authorizing a demonstration program for municipal regulation of fossil fuels in new construction.
Lexington received approval to become one of the Participating Communities in the Department
of Energy Resources (DOER)Demonstration Project.The acceptance did suggest certain updates
to Lexington's bylaw to comply with DOER's regulations and those revisions are included in the
warrant for this Town Meeting as Article 38.
• ATM 2021:Article 36-Authorize Special Legislation-Development Surcharge for Affordable
Housing(Citizen Petition)
Bill H.3891(male�islature. o�v� An Act to establish a surcharge on specific commercial
development activities for the purpose of funding the creation of community housing.
Status:Passed by the House but did not reach a third reading in the Senate.No further action by
the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Bill HD.3085.
https://male�islature.�ov/Bills/193/HD3085
12
Status:House referred to committee on revenue 2/16/23,Senate concurred;Joint hearing
scheduled for 7/25/23 written testimony only. Reporting deadline extended to 4/30/24.
• STM 2022-2:Article 3-Amend General Sylaw to Allow Remote Participation at Hybrid Town
Meetings
Bill H.4876 (malegislature.�ov� An Act authorizing the town of Lexington to allow remote
participation at town meetings
Status:Reported favorably by the committee on Election Laws and the committee on House
Steering,Policy and Scheduling.Concluded a second reading and ordered for a third reading.No
further action by the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Sill HD.118.
https://male�islature. o�v/Pills/193/HD118
Status:House referred to committee on Election Laws 2/16/23,senate concurred;Joint hearing
scheduled 6/21/23;reporting deadline extended to 3/19/24.
• STM 2022-3:Article 14-LEXHAB Reorganization
Filed in the 193rd(Current)session of the legislature as Bill HD.119.An Act reorganizing the
Lexington Housing Assistance Soard,Inc https://male�islature. o�v/Sills/193/HD119
Status:Filed as H3775 in the 193rd(Current)session of the Legislature. Transmitted to the Secretary
of State on 3/22/23 and returned to the House from the Secretary of State on 4/12/23. Referred to
the committee on housing on 4/13/23;joint hearing 6/26/23;reported favorably out of co mmittee
and referred to House Steering,Policy and Scheduling on 10/18/23;House second reading and
ordered to third reading on 11/20/23;House third reading and passed to be engrossed on 12/7/23.
Senate read on 12/11/23;Senate second reading and ordered to third reading 1/18/24.Technical
suggestions by Senate counsel scheduled for discussion 3/12/24.
• STM 2023-1 Article 9 Rank Choice Voting for town wide offices
Filed as H.4223 in the 193rd(Current)session of the legislature.An Act Establishing Ranked Choice
Voting for Certain Offices in the Town of Lexington. Referred to House committee on Election
Laws 12/21/23,Senate concurred. House reporting date extended to 3/19/24.
, ��"��:��.... �,�� . �.�.� �:��°.� �����.,.. „ ����� � �� �.�. ����.
The Semiquincentennial Commission (Lex250) continued their work on helping the Town of
Lexington plan events for the 250th Anniversary of the Battle of Lexington. The
Semiquincentennial Commission-Lex250 continues to meet at least twice a month and
accomplishments in the past year include:
• forming a collaborative partnership with the towns of Arlington, Lincoln, Concord and
Minuteman National Historic Park so as to coordinate schedules and resources. This also
included signing an Inter Municipal Agreement (IMA) among the four town to share in
13
services in relation to the planning of events. The collaborative 250th towns met quarterly
in 2023 and now meet every other month in 2024.
� Working with the collaborative towns,the committee identified Saturday,April 19,2025
as the day the majority of large events will take place in Lexington.
• Selected and hired a public relations firm to handle publicity,crisis communication and
dedicated website build and management.
• Added five additional members to the Semiquincentennial Commission-Lex250 with
experience in fundraising, transportation planning, publicity and security as we all as
added a second Select Board Member.
• Attended the America250 Press Conference in Soston for the 250th Anniversary of the
Boston Tea Party and also attended the quarterly meeting of REV250 the state level group
coordinating events related to the 250th anniversary.
• pHeld a successful community meeting update and information gathering session in late
January 2024 at the Community Center.
14
SELECT BOARD
TOWN OF LEXINGTON
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MARCH 18, 2024
Select Board:
Joseph N Pato,Chair;Suzanne E.Barry,Vice-Chair;Douglas M.Lucente;
Jill I.Hai;Mark D.Sandeen;
Kim Katzenback,Executive Clerk
Table of Contents
Message from the Select Board Page
Select Board Goa1s Page
Budget and Finance Planning Page
Lexington High School Project Page
American Rescue Plan Act(ARPA) Page
Social Racial Equity Initiatives Page
Municipal&School Building Projects Page
Update on Recent Home Rule Petitions Page
2025:The 250th Anniversary of the Battle of Lexington Page
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IShould you have any questions or comments regarding this report,����������;,,,,,,,,,,,,,,,,,,,,�,,,,,,encourage�you
to get in touch with any member of the Board.Select Board meetings are generally held Monday
evenings at 6:30pm in the Select Board meeting room of the Town Office building,and via zoom.
Board members' office hours as well as the Select Board meeting packets are posted at
https://www.lexingtonma.gov/755/Select-Soard. We can be reached via email (below) or by
calling the Select Board Office(781-698-4580)to schedule a phone conversation or meeting.
•Joe Pato,Chair:ipato@lexin tonma. o�v
•Suzie Barry,Vice-Chair:sbarry@lexin�tonma.�ov
•Jill Hai: jhai@lexin�tonma. o�v
•Doug Lucente:dlucente@lexin tonma. o�v
•Mark Sandeen:msandeen@lexin tonma. o�v
Respectfully submitted,
Lexington Select Soard
Joseph N.Pato,Chai�
Suzanne E.Barry,Vice Chair
Douglas M.Lucente
Jill I.Hai,Chair
Mark D.Sandeen
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During the fall of 2023,the Select Board engaged Jon Wortmann to interview staff and Town Committees
Ito gather input for the upcoming two-year goal set.The Select Soard met on October 11,�������„�����„to
review these aspirations and identified the Soard's top priorities.Each goal was assigned to one member
of the Soard with a second member volunteering on some to assist as needed.During November and
December Board members worked with Mr.Wortmann to identify measurable actions against those
goals.
All goals will be continually reevaluated under core shared principles including:
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4
Goa1#1: Enhance community vibrancy by increasing diversity of housing stock in size,
accessibility,and price(primary:Jill Hai assistant:Mark Sandeen)
Up date:
�
Article 33 at Annual Town Meeting 2024 seeks authority for the Select board to sell,lease or
otherwise dispose of Town owned land for the purpose of developing affordable housing.--Any
proposal at this site would be required to be 100%affordable,�,��„�_all units�;��---����,�„�qualify�r„�„�r°
and be included in the Subsidized Housin Index.
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in order to retain smaller���,,��������.��r��m�. ���. ����,��::�v�c� ��ar��� houses now included in the w.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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Subsidized Housing Index
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The first ro osal under the revised S ecial Residential Develo ment b law which is the ;........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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product of a Select Board appointed committee,has been introduced. Following the guidelines �Formatted:Font:Book Antiqua,��pt �
created by the committee,it proposes two 2-family homes and two three family condominium
buildings,for 10 units in four buildings,rather than a conventional development of single family
homes.Eight of the 10 homes will be served by elevator,increasing their accessibility and 15%of
the gross floor area is dedicated to affordable housing.40%of the developable lot is retained as
open space.
_......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Goal#2: Recognize and minimize issues around construction preserving quality of life �- �Formatted:Keep with next
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(primary:Joe Pato,assistant:Mark Sandeen)
_....................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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��������� Proposed revisions to the noise by-law to remove ambiguities about construction techniques and � �Formatted:Font:Book Antiqua,��pt �
the need for mitigation plans for consideration as Article 29�at the Annual Town Meeting 2024. Formatted:Bulleted+Level:1+Aligned at: 0.25"+
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establish noise limits appropriate to location or activity and clarify enforcement to be completed
no later than Annual Town Meeting 2025.
��������� The Tree Committee has brought 3 articles to Annual Town Meeting 2024(34,35,and 36)
providing additional protections for trees related to construction activities.
Goal#3: Create a more vibrant downtown(primary:Doug Lucente,assistant:Jill Hai)
Update:
�.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
�������� Prioritizin Initiatives:The Select Board���,��°����,����������',the final report and recommendations � _ -�Formatted:Font:(Default)Book Antiqua,��pt
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from consultants on March 6th,stemming from the community workshops held in Fa112023 titled �Formatted:Font:(Default)Book Antiqua,��pt �
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�������� _Diversifying Alcohol Uses:Progress is underway to allow more varied alcohol-related
experiences.Proposed b law amendments to allow Craft Bevera e Establishments are
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this diversification.
5
�������� _Streamlining Business Signage:Enhancements to the sign bylaw,aimed at simplifying signage
processes for businesses,are detailed in ATM Article 47.These changes await final adjustments
by the Planning Board and a positive vote at the Town Meeting,marking a significant step
towards a business-friendly downtown.
�������� _Tourist-Focused Social Media lnitiatives:In alignment with our goal to enhance downtown
vibrancy,the Semiquincentennial Commission has partnered with a communications firm.This
collaboration focuses on leveraging social media campaigns designed to attract tourists,
especially during the 250th-anniversary celebrations,further enriching our downtown's appeal.
These initiatives collectively represent our commitment to transforming Lexington's downtown into a
more engaging,accessible,and vibrant community hub.
Goal#4: Improve communication efficiency in Board meetings and with staff
(primary:Joe Pato,assistant:Suzie Barry)
�
Update:
��������� Workin with staff to revise rocedures for re uestin an item on the Select Board a enda. �- Formatted:Font:Book Antiqua,��pt
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common areas of concern that Board Members will want to see addressed.Com letion ex ected Indent at: 0.5"
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by end of Spring 2024.
��������� Exploring how to integrate the above procedures with new agenda management software that
will replace the now obsolete Novus Agenda package.
Goal#5: Transition to 100%renewable energy
(primary:Mark Sandeen)
Update:
�.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
�������,,,,,,,,,,,,,,,,,,,,,,,,,,There are approximately 18 MW of solar energy systems currently installed in Lexington. �- Formatted:Bulleted+�evel:1+Aligned at: 0.25"+
� There were 3.6 MW of new solar energy systems added in Lexington during 2023. Indent at: 0.5"
. .
�������-� Approximately 55 million kWh of Lexingtori s commercial electricity usage is currently provided
from 100%renewable energy sources.
I �������-� The Town of Lexington has established the HeatSmart Advisor program to provide Lexington
residents who express an interest in converting their HVAC systems to heat pumps with the
I �,�����:r� and consultation to empower them to make the transition
educational resources,.�. .: �;�................................................................�.
with confidence.The program is now in its second year.
I �������-,�,,,,,,,,,,,,,,,,There are currently 1,505 electric vehicles(6.2%)and 2,692 hybrid vehicles(11.3%)registered in
Lexington versus 19,889 internal combustion vehicles(82.5%)according to the Massachusetts
DOT vehicle census as of January 1,2024.There were 431 additional electric vehicles registered in
Lexington in the last year.There were 358 additional hybrid vehicles registered in Lexington in
the last year.
I �������� The Massachusetts Department of Energy Resources approved Lexingtori s application to
participate in the 10 Communities Demonstration Project with a start date of March 21,2024.
�������� _The first year of Building Energy Use Disclosure Data has been published on the Town website.-
https://www.lexin tog nma•�/1645/Buildin -�Energ9y-Use-Disclosure
�������� Complete Net Zero Police Station-Construction is underway for the solar canopy structure,
which is expected to be completed by the Fall of 2024.
6
I �������-� Establish Net Zero design standards for the new high school design-The School Building
Committee has established design standards with the high school design team for a highly
efficient,net-zero,all-electric high school.
I �������-� Establish High Performance Suilding standards for existing municipal buildings-The Select
Board approved the High-Performance Buildings Policy on December 18,2023.
I �������-� Complete Network Geothermal Feasibility Study-The Town of Lexington was awarded a grant
to complete this study and expects to issue a report by the end of 2024.
�������-� Develop the Getting to Zero Emissions Transportation Plan
�������� _Develop Towri s Fleet Charging Infrastructure Plan-Initial discussions are underway.
�������- Curbside Composting for one third of Lexington residents-The Select Board has approved the
use of ARPA composting from 2,000 households
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................
,,,,,,,,,to 4,000 households or approximately one third of Lexington residents. - �Formatted:Font:Book Antiqua,��pt �
������� Become a Climate Leader funds to expand curbside Community �ommented��P��:what does th�S mean?seems l�ke Someth�ng
,,,,,,,,,,,,,,,, .
got lost
Goal#6: Advance age-in community initiatives for Lexington seniors
(primary:Doug Lucente)
Update:
While there has been no notable advancement on these initiatives by the Select Board at the local level,at
the state level,Governor Healey has filed the Municipal Empowerment Act,which introduces several
measures that could indirectly support Lexington's age-in-community initiatives.Key components
include:
._.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................
��������� A new local-o tion means-tested ro er tax exem tion for seniors,allowin cities and towns to� �Formatted:Font:(Default)Book Antiqua,��pt
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offer additional property tax exemptions to qualifying seniors based on specific income and asset Formatted:List Paragraph,Bulleted+Level:1+Aligned at:
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����������� Extension of the local option for personal exemptions to seniors,blind persons,and others,
allowing those whose domiciles are held in trusts or other arrangements to qualify for
exemptions.
��������� Authorization for municipalities to increase existing senior property tax exemptions beyond the
current$500 limit.
These measures,if passed by the legislature,could provide a framework for Lexington to advance its
age-in-community initiatives,offering financial stability and support for seniors to maintain
independent living in their homes.
Goal#7: Raise community awareness and engagement with the high school project
(primary:Suzie Barry,assistant:Joe Pato)
Update:
.,
��������� Workin with the School Buildin Committee to ublish and inform the communit of � Formatted:Font:(Default)Book Antiqua,��pt
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community meeting information and updates on the Town website and in Link to Lexington e- Formatted:Bulleted+Level:1+Aligned at: 0.25"+
newsletter with clear reference to LHS Project website. Indent at: 0.5"
7
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The Select Board is committed to ensuring fiscal responsibility and sustainable growth through careful
budget and financial planning for FY2025,focusing on preserving the Aaa bond rating,avoiding operating
overrides,and planning for significant projects like the new Lexington High School.The FY2025 budget,
developed without a Proposition 21/2 Operating Override, supports the Soard's vision for Lexington,
emphasizing staffing,environmental initiatives,capital improvements,and infrastructure maintenance to
achieve a balanced financial plan that aligns with community priorities.
Staffing-The budget incorporates staffing expansions to address the operational needs arising from new
town bylaws and to continue investments in environmental initiatives, such as electric vehicles and
enhancing our food waste and composting program.Specifically,it funds new roles such as an Assistant
Superintendent of Public Grounds and a part-time Code Enforcement Officer, in response to the
requirements of new tree and noise bylaws,as well as fire and mechanical inspectors due to the uptick in
development from zoning bylaw modifications. These additions reflect the town's commitment to
managing increased service demands while adhering to stricter regulations.
Capital Improvement and Infrastructure-The Capital Improvement Program is designed to make timely
investments in town assets,enhancing public services.The FY2025 Capital Budget includes funds for the
new Lexington High School and allocates $6.0 million for renovations at 173 Bedford Street. This
renovation is crucial for reorganizing town assets in light of the high school project and will make the
building suitable for the School Administration staff during the construction period.The work involves
installing an elevator,replacing the HVAC system,adding a sprinkler system,and reconfiguring interior
spaces.Additional updates will be required after the Lexington Police Department relocates,especially to
improve accessibility,fire protection,and new electric HVAC systems.
Aaa Bond Rating-The Town of Lexington has maintained an Aaa credit rating,which is the highest credit
rating a municipality can receive.This rating,affirmed by Moody's Investors Service,reflects the town's
strong fiscal management, characterized by conservative budgeting, a sizeable and wealthy tax base,
healthy reserves and liquidity,and voter support for debt exclusions.Holding an Aaa rating allows the
town to borrow funds at the most favorable interest rates,providing significant financial advantages for
managing the town's debt and financing its projects.
Capital Stabilization Fund-The Capital Stabilization Fund(CSF)underwent a policy revision in Fa112021
to allocate new levy growth from specified commercial and industrial development to the CSF,rather than
I ��--��,,m����„�� _��r�,becoming part of general revenue.This strategy aims to preserve levy capacity for managing
sudden increases in debt service for major capital projects,such as high school construction.For FY2025,
the budget maintains this approach,with$4,036,373 transferred to the CSF from the tax levy,consistent
with FY2024.This amount is expected to increase as new levy growth is calculated for FY2025,with an
additional transfer planned for the Fall 2024 Special Town Meeting. After this budget cycle, the CSF
balance will exceed$36.0 million.The CSF plays a crucial role in our fiscal strategy,setting aside new tax
Ilevy growth for future capital projects. This ���:������:��'rm:��� approach allows us to build reserves for
forthcoming capital endeavors,particularly the renovation or reconstruction of Lexington High School.
IOur commitment to this fund has not only provided tax relief to citizens by ����������,ar-���c�c�,��„�,�m,�debt
service excluded from Proposition 21/2 but also prepares us for significant capital projects ahead.
8
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As we approach the conclusion of the American Rescue Plan Act(ARPA)funding period,we are pleased
to present an update on the allocation and utilization of ARPA funds in our community.The Town of
Lexington was allocated a total of$9,903,381 in ARPA funds, aimed at addressing the impacts of the
COVID-19 pandemic and fostering recovery across critical sectors.
As of February 5,2024,the Select Board has approved spending totaling$9,110,345.The funds have been
allocated to the following initiative areas:
• Economic Stimulus&Resiliency:The largest portion,approximately 37%of the funds,was
earmarked to support our local economy,including bolstering the cultural sector,aiding small
businesses,enhancing community events,updating digital platforms,improving public spaces,
and fostering bikeway mobility and engagement.
• Public Health&Safety:With 26%of the funding,this area focused on bolstering the town's
health department and public safety measures in response to the pandemic.
• Housing:l6%of the funds were allocated to address housing needs,ensuring support for those
affected by the pandemic in securing stable housing.
• Pandemic Response:l3%of the funds were directly used for pandemic-related expenditures,
including testing,vaccination programs,and other immediate health needs.
• PIRs(Program Improvement Requests):6%of the funds have been utilized for enhancing the
Food Waste Program,acquiring a new electric vehicle for the Health Department,and
formulating an ADA Town Building Self Evaluation and Transition Plan.
• Food Insecurity:A smaller,yet crucial2%of the funds addressed food insecurity,ensuring that
residents affected by the pandemic have access to necessary resources.
The Participatory Budgeting(PB)process implemented in the previous year,which actively engaged our
citizens in the decision-making process,leading to impactful community projects. However, given the
stipulation that all ARPA funds must be committed by December 31,2024, the continuation of the PB
process will not be feasible this calendar year.Further,it is important to note that,despite concerted efforts,
the initiative to establish a Dog Park will not proceed due to the inability to identify a suitable location
within the time frames for ARPA spending.We extend our gratitude to all residents who participated in
the PB process, contributing valuable insights and demonstrating the strength of our community's
collective vision.
With an available balance of$899,974,the Select Board is dedicated to navigate the final phase of ARPA
Ifund allocation and utilization����;;"�he Select Board remains committed to ensuring that these resources
are deployed in a manner that maximizes benefits for our community,adhering to the guiding principles
of transparency,equity,and strategic impact.
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9
During 2023 the Lexington High School Building Committee(SBC)was involved in the steps outlined by
,........................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
the MSBA in Module 2 Forming the���°��cg�����'eam. This phase of the project is where the Owner's Project _ �Formatted:Font:Italic �
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Manager(OPM)and the Design team are selected. The OPM selection process concluded in May with the : �Formatted:Font:Italic
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selection of Dore + Whittier. The SSC then worked with the MSSA s Designer Selection Panel and �Formatted:Font:�talic �
ultimately selected SMMA as the preferred Designer for the project in October 2023.
The feasibility phase,MSBA Module 3,began in earnest in November 2023 and will continue through End
of May 2024. In this phase a minimum of three options must be identified.--At least one option for repair
only,renovation,and new construction must be identified. --The project team has begun to seek feedback
from the multiple town groups,committees,boards,and departments through focus group discussions
which are intended to be implemented in a 3-step approachv� meeting 1 - ��::::�isten to feedback from
stakeholders�,m ,���eeting 2,,,,,,,,,m,,,,,�� the design team will report back what they heard and clarify with the
stakeholders�„m ��, eeting 3 m�_will be to have these focus groups make a recommendation on elements and
attributes of the project that the SSC should consider.
Detailed information about the project is publicly available at: htt�s:f/lhs�ro�ect.lexin�tonma.org---The
current expected timeline for the LHS Project�-����.,,�,,,,,,illustrated below.������ �„����:�u,,,��"�'�a��,,,,,,;;, ���,���i�,,�,��������,,,�
����.�� ������.��c�,������„�;� ��� ��������m,,,,,,��:��,,��,�c������m�����,�������,,,,,�� ..,�.��,,,,,,,,, ���,�����.,c°�I���e �� �-�-�-���:���.��"��m�,,,,,,,,next major
funding action by Town Meeting expected to occur at a Special Town Meeting near the end of 2025
followed by a town-wide debt exclusion vote.Occupancy in the new or renovated facility is expected at
the end of this decade or early in the next.
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Figure 1:Anticipa�ed Timeline��ll dates a�e subjec�to change,
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The Select Board recognizes that social and racial injustice has deep roots.The Board has made a proactive
and ongoing commitment to engage in comprehensive and ongoing community conversations to better
understand community needs and to consider diversity,equity,and inclusion in policies and plans,all
with the goal of making Lexington a truly equitable community for all.
The Select Board has adopted Diversity,Equity&Inclusion as one of its goals,including a commitment to
develop and implement a comprehensive racial equity plan,consider racial and other equity impacts in
all decisions and planning processes, and incorporate the goals of Town Meeting's systemic racism
resolution in each department's goals and objectives.The Select Board recognizes that accomplishing these
goals will require a budgetary commitment to training and continuous improvement and has
recommended establishing a budget for accomplishing these goals.
10
The Chief Equity Officer (CEO) leads the Town in achieving these goals. The CEO is in the process of
updating job descriptions and expanding posting locations with the goal of encouraging a broader
applicant pool for Town staff positions.The CEO is also working with senior leadership to incorporate
more effective interviewing techniques with these goals in mind.
The CEO has initiated an internal equity audit in collaboration with an independent diversity,equity and
inclusion consulting organization.During this process 120 staff inembers participated in training sessions,
65 staff inembers participated in focus groups on racial identity, disability, management,women, and
LGBTQIA+topics that were open to all staff.In addition,40%of town staff answered a survey on equity
issues.
The CEO has started a compensation study, in collaboration with an independent human resources
consultant, considering internal pay equity and to ensure that salary ranges and benefits remain
competitive for all staff.
The CEO,in collaboration with the Police Chief,held six Coffee and Conversation with the Chief events,
with a total of over 40 residents having an opportunity to discuss community concerns with the Police
Chief.
The CEO collaborated with the Sustainability&Resilience Officer to develop a framework used by senior
leadership to consider Sustainability and DEI in staff's day-to-day operational decisions and long-term
planning processes.This framework has been presented to the Select Board who encouraged a broad and
inclusive community-wide focus for these initiatives.
.
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The Board continues to address the issues of maintaining and improving our municipal and school
building infrastructure.The following section includes the current status of Lexington's building projects.
The Lexington High School building project is covered in the Lexington High School section of this report.
Westview Cemetery Administration Building
Start Date:April 2022
Proj ect Completion Date:August 2023
Proj ect Sudget:$4,330,000
Funding:ATM 2017-Article 120/ATM 2020-Article 16k/STM 2021-1 Article 7
Design funding of$270,000 was approved at ATM 2017. Initial construction funding of$3,290,000 was
approved at ATM 2020 under Article 16k.Initial construction bids came in higher than the appropriated
amount.As a result,Town Meeting approved additional construction funding of$770,000 at STM 2021-1
under Article 7. Construction was completed and the building occupied in August 2023. During a
significant winter storm,a 100-foot pine tree fell on the building. Fortunately,no one was injured,however
the building did sustain minor damage. The roof has been temporarily patched and remains �-��-���-�
���� �����n���-�;,��. The roof, insulation, decking, and drip edge will be replaced when temperatures are
:�:....�:.....................................................................�.�
warmer.A solar energy system will be installed in compliance with the Towri s net zero renewable energy
policy goals.Construction of the solar energy system is expected to be completed during the summer of
2024.
Lexington Police Station
Appropriation:$34,517,622
11
Status:Construction underway
Estimated Project Completion Date:Fall 2024
Funding:ATM 2018-Article 14/STM 2021-1 Article 5a/STM 2022-1 Article 2/ATM 2023 Article 16(i)
The new Police Station facility is being constructed in compliance with the Towri s Integrated Building
Design and Construction Policy and will be solar ready in furtherance of the Towri s net zero renewable
energy policy goals.The building design and construction includes all of the infrastructure necessary to
support onsite solar energy generation and energy storage systems designed to reduce the building's
energy consumption and peak demand charges,while improving the building's resilience in the event of
Ipower�.���������������������,���_�,���enabling high speed electric vehicle charging for the Police Department's
electric vehicle fleet.
The solar energy canopy design went through an extensive public process to secure approval of a design
that is appropriate for the neighborhood and meets the requirements of the Historic Districts Commission.
The Historic Districts Commission issued a Certificate of Appropriateness in November 2023.
Construction of the footings for the canopy have begun. Solar canopy and energy storage system
construction is expected to be completed by the Fall of 2024 with a goal of having the solar canopy project
completed at the same time as the Police Station to maximize efficiencies with the site contractor.
Old Reservoir Bath House Renovation
Appropriation:$620,000
Funding:ATM 2019-Article 14g
Initial bids received by the Town exceeded the appropriation approved by Town Meeting. The
Department of Public Facilities and Recreation Department staff proposed design changes and
procurement alternatives to lower overall project costs.DPF went out to bid a second time and the bids
received were still well above the appropriation approved by Town Meeting. The Recreation Committee
is reviewing the current status and deliberating on next steps for this project.
Center Bathroom&Maintenance Building Renovation
Appropriation:$780,000
Proj ect Completion Date:October 2024
Funding:ATM 2020-Article 16b/ATM 2021-Article 16g/ATM 2022-Article 10e
2020 Annual Town Meeting approved$100,000 in design and engineering funds for the Center Bathroom
building renovation project.At the 2021 Annual Town Meeting,the Select Board recommended indefinite
postponement of warrant article 16g requesting $915,000 in construction funding to a future Town
Meeting. 2022 ATM approved warrant article 10e requesting$680,000 in funding for this project. The
I renovation of the Center Bathroom facility was����-�-��-�;:��:����;, ���„�������,�.��,October 2024.
... . . .
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There are six home rule petition requests approved at recent Town Meetings that remain under
consideration by the legislature.No final action has been taken by the legislature on any of these petitions.
• STM 2020-2:Article 6 - Authorize Special Legislation Development Surcharge for Community
Housing(Citizen Petition)
12
Bill H.4314 (male�islature.�� An Act authorizing a development surcharge for community
housing in the town of Lexington
Status:Reported favorably by the Joint Committee on Municipalities and Regional Government.
Referred to the committee on House Steering, Policy and Scheduling, reported out for second
reading.Second reading on 7/31/2022 and ordered to a third reading.No further action by the
end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Bill HD.3088.
https://male�islature.�/Bills/193/HD3088
Status:House referred to committee on revenue 2/16/23,Senate concurred;Hearing 7/17/23
accepting written testimony only;House reporting date extended to 4/30/24 pending Senate
concurrence.
This may be mooted if Governor Healey's Affordable Homes Act is adopted,which includes a
provision for local adoption of real estate transfer fees.The Select Board and Housing Partnership
have each voted unanimous support for the Real Estate Transfer Fee local option. More
information and financial analysis can be found here:
https://www.mass.�ov/info-details/the-affordable-homes-act-transfer-fee-
analysis#:�:text=The%20Afford able%20Home s%20Act%20includes,home%20price%2C%20whic
O
hever%20is%20 r� eater
• ATM 2021: Article 26 - Petition General Court to Amend Legislation Regarding Permanent
Transportation Funding
Bill H.3892 (male�islature.�ov� An Act authorizing the town of Lexington to establish transit
impro' � �:�m.������.�a��.
vement�..:�:,:�.:�.:�:�.�.:�.�,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Status:Referred to Joint Committee on Transportation,reported favorably after study.No further
action by the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Sill H3704.
https://male�islature.gov/Bills/193/HD2481
Status:House referred to the committee on Transportation 3/30/23,Senate concurred;Joint
hearing scheduled 1/10/24
• ATM 2021:Article 29-Clean Heat-Authorize Special Legislation to Regulate Fossil Fuel
Infrastructure and Adopt Bylaw Amendment Enabling Legislation
Bill H.3893(male�islature.��An Act authorizing the town of Lexington to adopt and enforce
� g g � ��.��.���r�a����.�airm�
local re ulations restrictin new fossil fuel infrastructure in certain�-��i�-v�-��-��-��u��
Status:Referred to Joint Committee on Telecommunications,Utilities and Energy
No further action by the end of the legislative session.
13
The need for this home rule petition has been largely made moot by Chapter 179 of the Acts of 2022
authorizing a demonstration program for municipal regulation of fossil fuels in new construction.
Lexington received approval to become one of the Participating Communities in the Department
of Energy Resources(DOER)Demonstration Project.The acceptance did suggest certain updates
Ito Lexington's bylaw to comply with DOER's regulations and those����:a:�-m:-- -����„�„�.���„�are included
in the warrant f or this Town Meeting as Article 38.
• ATM 2021:Article 36-Authorize Special Legislation-Development Surcharge for Affordable
Housing(Citizen Petition)
Bill H.3891(male�islature. o�v� An Act to establish a surcharge on specific commercial
develo ment activities for the ur ose of fundin the creation of communit �
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Status:Passed by the House but did not reach a third reading in the Senate.No further action by
the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Bill HD.3085.
https://male�islature.�ov/Bills/193/HD3085
Status:House referred to committee on revenue 2/16/23,Senate concurred;Joint hearing
scheduled for 7/25/23 written testimony only. Reporting deadline extended to 4/30/24.
• STM 2022-2:Article 3-Amend General Bylaw to Allow Remote Participation at Hybrid Town
Meetings
Bill H.4876 (male�islature. o�v� An Act authorizing the town of Lexington to allow remote
participation at town meetings
Status:Reported favorably by the committee on Election Laws and the committee on House
Steering,Policy and Scheduling.Concluded a second reading and ordered for a third reading.No
further action by the end of the legislative session.
Refiled in the 193rd(Current)session of the legislature as Bill HD.118.
https:f/male�islature.�ov/Bills f 193/HD118
Status:House referred to committee on Election Laws 2/16/23,senate concurred;Joint hearing
scheduled 6/21/23;reporting deadline extended to 3/19/24.
• STM 2022-3:Article 14-LEXHAB Reorganization
Filed in the 193rd(Current)session of the legislature as Bill HD.119.An Act reorganizing the
Lexington Housing Assistance Board,Inc htt�s://male�islature. o�v/Sills/193/HD119
Status:Filed as H3775 in the 193rd(Current)session of the Legislature. Transmitted to the Secretary
of State on 3/22/23 and returned to the House from the Secretary of State on 4/12/23. Referred to
the committee on housing on 4/13/23;joint hearing 6/26/23;reported favorably out of committee
and referred to House Steering,Policy and Scheduling on 10/18/23;House second reading and
ordered to third reading on 11/20/23;House third reading and passed to be engrossed on 12/7/23.
14
Senate read on 12/11/23;Senate second reading and ordered to third reading 1/18/24.Technical
suggestions by Senate counsel scheduled for discussion 3/12/24.
• STM 2023-1 Article 9 Rank Choice Voting for town wide offices
Filed as H.4223 in the 193rd(Current)session of the legislature.An Act Establishing Ranked Choice
Voting for Certain Offices in the Town of Lexington. Referred to House committee on Election
Laws 12/21/23,Senate concurred. House reporting date extended to 3/19/24.
���"��:��.,.. ,�1�....��.�..�. ,..:���.� ������ �� ���� � � �.�.....�,.�.
The Semiquincentennial Commission (Lex250) continued their work on helping the Town of
Lexington plan events for the 250th Anniversary of the Battle of Lexington. The
Semiquincentennial Commission-Lex250 continues to meet at least twice a month and
p p ' . �:����.�u��m���
accom lis ments in t e ast ear�����: w�
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,
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Minuteman National Historic Park so as to coordinate schedules and resources. This also
included signing an Inter Municipal Agreement (IMA) among the four town to share in
services in relation to the planning of events. The collaborative 250th towns met quarterly
in 2023 and now meet every other month in 2024.
.
,,,,,,,,,Working with the collaborative towns, ��m�„�������mm,,,,������,identified Saturday,April 19,2025 - �Formatted:Font:BookAntiqua �
as the day the majority of large events will take place in Lexington.
� ,,,,,,,,,Selected and hired a public relations firm to handle publicity,crisis communication and �Formatted:Font:Book Antiqua �
dedicated website build and management.
�
�
' ' ' ' ' ' ' ' - ' - Formatted:Font:Book Anti ua
Added five additional members to the Semi uincentennial Commission Le 250 with a
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,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
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experience in fundraising, transportation planning, publicity and security as we all as
added a second Select Board Member.
.
� Attended the America250 Press Conference in Boston for the 250th Anniversar of the -- �Formatted:Font:Book Antiqua
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .. �
� y .
Soston Tea Party and also attended the quarterly meeting of REV250 the state level group
coordinating events related to the 250th anniversary.
._
� ,,,,,,,,,,�Held a successful communit meetin u date and information atherin session in late�- �Formatted:Font:Book Antiqua �
�� Y .� p . g g . _ ._
January 2024 at the Community Center. Formatted:List Paragraph,Bulleted+Level:1+Aligned at:
0.25"+Indent at: 0.5"
15
Moderator's Proposed schedule for ATM 2024
published March 8, 2024
Monday, March 18, 2024 (Proposed amendments/division requests due: 5pm Wed. 3/13)
•Article 2 - Election of Deputy Moderator
•Article 2 - report of the Cary Lecture Series
•Article 3 - Appointments to Cary Lecture Series
•Article 32 - Old Spring Street Name Change
•Article 42 Digital Publication of Legal Notices (Citizen Petition)
•Article 29 - Amend the General Bylaw- Noise Control
•Time permitting:
oArticle 38 - Amend Regulation of Fossil Fuel Infrastructure Bylaw
oArticle 39 - Home Rule Petition to Adjust the Number of On-Premise Wine and
Malt Alcohol Licenses
oArticle 41 - Massachusetts Bay Transportation Authority
Wed. March 20, 2024 (Proposed amendments/division requests due: 5pm Wed. 3/13)
•Article 2 - budget report of the Town Manager
•Article 2 - Minuteman Schools budget report
•Article 2 - report of the Lexington Schools Superintendent
•Article 2 - report of the Appropriation Committee
•Article 2 - report of the Capital Expenditures Committee
•Article 2 - report of the Lexington Schools Superintendent
.
•Article 4 - Appropriate FY2025 Operating Budget
•Time permitting:
oArticle 5 -Appropriate FY2025 Enterprise Fund Budgets
oArticle 7 - Sustainable Capital Projects
o Article 8 -Accept Tucker Ave (Westernmost portion)
oArticle 9 - Establish and Continue Departmental Revolving Funds
o Continue any unfinished business from previous session
Monday March 24, 2024 - NO SESSION (Holi)
Wed. March 27, 2024 (Proposed amendments/division requests due: 5pm Wed. 3/20)
•Article 2 - report of Community Preservation Committee
•Article 10 - Appropriate for the FY2025 Community Preservation Committee Operating
Budget and CPA Projects - items not on consent agenda (DATE CERTAI N)
010a - Cary Memorial Library Renovation
010f- Lincoln Park Field Improvements
010c - Park Improvements -Athletic Fields - Bowman School
010d - Lincoln Park Fitness Stations Equipment (DATE CERTAIN)
010e - Park Improvements - Hard Court Surfaces -Valley Rd
010g - LexHAB Support, Restoration, Preservation, and Decarbonization
010h - Lexington Housing Authority Exterior Preservation
010i - Affordable Housing Trust Funding
•Time permitting:
o Continue any unfinished business from previous sessions
o Article 18 - Rescind Prior Borrowing Authorizations
o Article 19 - Establish, Amend, Dissolve and Appropriate.... Specified
Stabilization Funds
o Article 23 - Appropriate Opioid Settlement
Monday April 1, 2024 (Proposed amendments/division requests due: 5pm Wed. 3/2�
•Article 25 - Pine Meadows Clubhouse Renovation
•Article 26 - Appropriate for Design Funds for LHS Project (DATE CERTAIN)
•Article 27 - Appropriate for Renovation of 173 Bedford Street (DATE CERTAIN)
•Article 12 - Appropriate for Municipal Capital Projects and Equipment- items not on
consent agenda:
012b - Heavy Vehicle Extrication Equipment
012i - Cemetery Columbarium - Design
012p - Election Equipment Upgrade
•Time permitting, continue any unfinished business from previous sessions
Wednesday April 3, 2024 (Proposed amendments/division requests due: 5pm Wed. 3/27)
•Town Meeting member memorials
•TMMA 30-year pins
•Article 33 - Authorize the Select Board to Seek Affordable Housing (DATE CERTAIN)
•Continue unfinished business from previous sessions
Monday, April 8, 2024 (Proposed amendments/division requests due: 5pm Mon. 4/1)
•Zoning Articles; Amend Zoning Bylaw re:
oArticle 47 - Signs
o Article 48 - Short Term Rentals
oArticle 49 - Permitted Uses and Development Standards
oArticle 50 - Inclusionary Housing for Village and Multi-Family Overlay Districts
oArticle 51 - Maximum Height for Village Overlay District
oArticle 52 - Technical Corrections
Wednesday, April 10, 2024 (Proposed amendments/division requests due: 5pm Mon.
4/1)
•Article 24 - Appropriate Funding for Semiquincentennial Commission
•Article 46 - Royal Family Invitation to 250th Celebration
•Continue any unfinished Zoning Articles
•Time permitting, continue unfinished business from previous sessions
NO SESSIONS school vacation week: Monday April 15 and Wednesday April 17
Monday, April 22, 2024 - NO SESSION (1 st night Passover)
Wed. Apri I 24, 2024 (Proposed amendments/division requests due: 5pm Wed. 4/10)
•Article 31 - Prohibit Single-Serve Plastic Water Bottles (Citizen Petition)
•Article 34 - Amend General Bylaws - Tree Bylaw - Tree Protection Plan
•Article 35 - Amend General Bylaws - Tree Bylaw - Mitigation Planning
•Article 36 - Amend General Bylaws - Tree Bylaw - Exemptions
•Article 37 - Importance of Trees Resolution (Citizen Petition)
•Time permitting: Unfinished business from previous sessions
Monday April 29, 2024 (Proposed amendments/division requests due: 5pm Wed. 4/24)
•Article 21 - Amend FY2024 Operating, Enterprise and CPA Budgets
•Article 40 - I ntegrated Pest Management Resolution (Citizen Petition)
•Article 43 - Voting Rights 16 and Older (Citizen Petition)
•Article 45 - Indigenous Peoples Day (Citizen Petition)
• Unfinished business from previous sessions
Hold for schedule slippage:
• Wednesday, May 1 st
• Monday, May 6th
• Wednesday, May 8th
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDAITEM TITLE:
Discuss and Approve Expenditure of Funds for Gift of Cash Received for Lowell Street
Paving Proj ect and Approve First Amendment to the Intermunicipal Agreement with Town of
Burlington
PRE E TER• ITEM
S N .
NUMBER:
Jim Malloy, Town Manager
I.2
S UMMARY:
Category:Decision-Making
T here are two p arts o f this agenda item. T he firs t p art is to autho rize the us e o f fund s that L exingto n will
receive from Burlington for repaving Lowell Street. Similar to other projects/programs where the Town
rec eive s fund s fro m ano ther entity, the s p ec if'ic d ep artment may ac c ep t tho s e fund s, b ut c anno t exp end tho s e
fund s until the S elec t B o ard has ap p ro ved the p urp o s e o f the fund s.
T he s ec o nd p art o f this agenda item relate s to the o riginal intermunic ip al agreement(I MA)b etween the To wns
o f L exingto n and B urlingto n. T he o riginal agre ement c o ntemp lated B urlingto n c o ntrac ting fo r the rep aving o f
L o well S tre et. T he L exingto n D P W has ind ic ated they p re fer to manage the c o ntrac t to ens ure the c o ntrac to r
meets L exingto n's exp ec tatio ns o n quality and wo rking with re s id ents. To wn C o uns el has drafted the attac hed
F irs t Amendment to the I MA.
Als o attac hed are the o riginal I MA and M G L C h. 44, S ec. 5 3 A.
SUGGESTED MOTION:
Move to approve the us e o f funds from the Town o f Burlington for the purpo s e o f repaving Lowell S treet and
further, authorizing the Town Manager to execute the F irst Amendment to the Intermunicipal Agreement for
Water Main and Lowell S treet P aving b etween Lexington and Burlington.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/18/2024 6:20pm
ATTACHMENTS:
Description Type
� ,�.�������.��,�m��:�.��_ IC�. �:.��;.���;� I���r��
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FIRST AMENDMENT TO INTERMUNICIPAL AGREEMENT
FOR WATER MAIN 1NSTALLATION, MAINTENANCE AND CONVEYANCE
BETWEEN TOWN OF LEXINGTON AND TOWN OF BURLINGTON
This FIRST AMENDMENT("Amendment") is made and entered into this day of
,2024,by and between the TOWN OF LEXINGTON("Lexington"), acting through its
Select Board, and the TOWN OF BURLINGTON("Burlington"), acting through its Select Board,
(collectively the "Municipalities")pursuant to the requirements of M.G.L. c. 40, § 4A.
WHEREAS, Lexington and Burlington are parties to an Intermunicipal Agreement for Water
Main Installation, Maintenance and Conveyance(the "Intermunicipal Agreement")dated June 14, 2021,
for the construction, installation and maintenance of a water main and related appurtenances on Lexington
property;
WHEREAS, Lexington and Burlington desire to amend the Intermunicipal Agreement as set forth
herein to reflect the changes in the terms and conditions since the effective date of the Intermunicipal
Agreement; and
WHEREAS, Lexington and Burlington have been authorized to amend the Intermunicipal
Agreement as evidenced by the execution of this Amendment by their respective representatives.
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged and for the mutual promises set forth below,the Municipalities agree as
follows:
1. Section 2.4. Section 2.4 is hereby deleted in its entirety and replaced with the following:
"LEXINGTON shall select the contractor to complete any necessary repaving as a result of
the construction in accordance with LEXINGTON utility construction standards. Once the
contractor is selected, either party shall procure such contractor's services at
BURLINGTON's expense. BURLINGTON shall pay for all costs of construction, including
such repaving. LEXINGTON shall oversee and direct the contractor performing such
repaving."
2. Capitalized Terms. Capitalized terms used but not defined in this Amendment shall have the
meaning ascribed to them in the Intermunicipal Agreement.
3. No Further Amendments. Except as amended by this Amendment,the Intermunicipal Agreement
remains unmodified and in full force and effect.
4. Complete A�reement.This Amendment constitutes the entire agreement between the
Municipalities concerning the subj ect matter hereof, superseding all prior agreements and understandings.
There are no other agreements or understandings between the Municipalities concerning the subj ect
matter hereof. Each Municipality acknowledges that it has not relied on any representations by any other
Municipality or by anyone acting or purporting to act for another Municipality or for whose actions any
other Municipality is responsible, other than the express,written representations set forth herein.
5. Counterparts. This Amendment may be executed electronically and in two or more counterparts,
and by each or either of the Municipalities in separate counterparts, each of which shall be deemed an
original,but all of which together shall constitute one and the same instrument.
[Signatu�e Page FollowsJ
IN WITNESS WHEREOF, the Town of Lexington and the Town of Burlington have caused this
Amendment to be executed on this day of ,2024,by their duly authorized
repre sentative s.
WITNESS MY HAND AND SEAL as of the first date written above.
TOWN OF LEXINGTON
By its Town Manager
James Malloy
Duly Authorized by vote of the
Lexington Select Board on [ , 20 ]
TOWN OF BURLINGTON
By its Town Administrator
Duly Authorized by vote of the
Burlington Select Board on [ ,20 ]
INTERMUNICIPAL AGREEMENT
FOR
WATER MAIN INSTALLATION, MAINTENANCE AND CONVEYANCE
BETWEEN
TOWN OF LEXINGTON
AND
TOWN OF BURLINGTON
This AGREEMENT is made and entered into this day of , 2021, by
and between the Town of LEXINGTON, a municipal corporation, with an address of 1625
Massachusetts Avenue, within the County of Middlesex, Commonwealth of Massachusetts,
02420, acting through its Select Board, and Town of BURLINGTON, a municipal corporation
with an address of 29 Center Street, within the County of Middlesex, Commonwealth of
Massachusetts, 01803, acting through its the Board of Selectmen, pursuant to the requirements of
G.L. c. 40, sec 4A.
WHEREAS, there is a MWRA Water Connection in LEXINGTON ("MWRA
Connection") to which BURLINGTON has been authorized to connect in order to provide
BURLINGTON residents with water; and
WHEREAS, LEXINGTON is in need of a new water main to service its residents from
the MWRA Connection; and
WHEREAS, LEXINGTON and BURLINGTON have determined it is in the public
interests to collaborate on the construction of a water main from BURLINGTON through
LEXINGTON to the MWRA Connection; and
WHEREAS, municipalities are authorized by Chapter 40, Sections 4 and 4A of the
General Laws of the CommonWealth of Massachusetts to enter into intermunicipal agreements
for the purpose of providing access through a community and for the purpose of water
conveyance; and
WHEREAS, LEXINGTON and BURLINGTON have been authorized to enter into this
Agreement as evidenced by the execution of this Agreement by their respective boards of
selectmen.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and for the mutual promises set forth below it is mutually agreed
as follows:
ARTICLE 1 —WATER MAIN EASEMENT
1.1 LEXINGTON agrees to provide to BURLINGTON an easement over the area indicated
on Exhibit A for the purpose of constructing, installing and maintaining a water main
and related appurtenances and for the purpose of conveying water(the "Easement"). The
Easement shall be in substantially the same form as attached hereto as Exhibit B. The
parties shall execute the Easement prior to the commencement of construction and shall
record same at the Middlesex Registry of Deeds.
ARTICLE 2—WATER MAIN DESIGN AND CONSTRUCTION
2.1 BURLINGTON shall design the water main. Said design shall be in accordance with
LEXINGTON water main construction standards. LEXINGTON shall have the
opportunity to revieW and comment on said design during the design phase of the proj ect.
Said review opportunities will occur at the 30%, 75% design and 100% design
2
milestones. LEXINGTON shall be provided said plans and shall provide written
comments to BURLINGTON within thirty(30) days of receipt of said design. In the
event LEXINGTON shall fail to provide any comments within said comment period,
BURLINGTON shall consider LEXINGTON's failure to comment as an assent to the
design and may proceed with the next step of design.
2.2 BURLINGTON shall pay for all design and engineering services and shall be responsible
for procuring any designers or engineers necessary therefor.
2.3 BURLINGTON shall construct and install the water main. BURLINGTON shall adhere
to LEXINGTON regulations with regard to road openings and time for construction
activities. No work shall occur between the hours of 8:00 PM and 7:00 AM, except for
emergency work will be undertaken without a permit from LEXINGTON.
BURLINGTON shall comply with the requirements of the LEXINGTON Noise Bylaw.
BURLINGTON shall keep LEXINGTON informed of the construction process. Once
BURLINGTON has selected a contractor, BURLINGTON shall inform LEXINGTON of
the identity of the contractor and shall include emergency contact information for the
BURLINGTON official responsible for overseeing construction as well as emergency
contact information for the contractor.
2.4 BURLINGTON shall pay for all costs of construction, including repaving in accordance
with LEXINGTON utility construction standards, and shall be responsible for procuring
any contractors therefor.
2.5 BURLINGTON's contractor shall provide a certificate of insurance to LEXINGTON
covering BURLINGTON activities in LEXINGTON. Similarly, BURLINGTON shall
require its contractor to include both LEXINGTON and BURLINGTON as additional
3
insureds on its insurance and in accordance with the standards acceptable to
LEXINGTON.
2.6 BURLINGTON estimates that the time for construction will be days. Said
construction to commence on or before , 2021.
ARTICLE 3 —OPERATION AND MAINTENANCE
3.1 Once BURLINGTON has completed construction and the water main is tested and is
ready for operation and accepted by LEXINGTON as such, LEXINGTON shall
thereafter maintain the water main from the BURLINGTON/LEXINGTON town line to
the MWRA Connection.
3.2 Both towns shall share the water main. LEXINGTON shall be responsible for the
maintenance of the Water main. BURLINGTON and LEXINGTON shall share equally in
the costs of maintenance and replacement of the water main by LEXINGTON.
3.2.1 LEXINGTON shall bill BURLINGTON on a quarterly basis for any maintenance
activities. Said invoice shall include a complete description of the work undertaken,
BURLINGTON will reserve the right to ask for the hourly rate at which the work was
conducted, the number of hours, a description of any replacement parts along with the
cost of same. All services and parts shall be billed on a direct cost basis with no mark up.
3.2.2. Pursuant to G.L. c. 40, § 4A, any funds received by LEXINGTON pursuant to this
Agreement shall be deposited with the treasurer of the Town of Lexington and held as a
separate account and may be expended for contribution towards the costs to maintain the
water main.
4
3.2.3 To the extent that BURLINGTON's outside auditors require same, BURLINGTON shall
have the right to inspect and audit at the LEXINGTON offices any and all cost records of
the LEXINGTON relating to the maintenance of the water main.
3.3 Pursuant to G.L. c. 40, § 4A, employees, servants, or agents of either LEXINGTON or
BURLINGTON while engaged in performing any service, activity, or undertaking under
this AGREEMENT shall be deemed to be engaged in the service and employment of that
municipality, notwithstanding the fact that such service, activity or undertaking is being
performed in or for another governmental unit or units.
3.4 Pursuant to G.L. c. 40, § 4A, the vehicles or equipment of either LEXINGTON or
BURLINGTON while engaged in performing any service, activity or undertaking under
this AGREEMENT shall be deemed to be engaged in the service and employment of that
municipality, notwithstanding such service, activity or undertaking is being performed in
or for another governmental unit or units.
5
ARTICLE 4—TERM
4.1 The term of this Agreement shall be for twenty five (25) years commencing from the date
of execution of this Agreement, provided that the easement negotiated by
BURLINGTON and LEXINGTON shall be subj ect to the term specified therein. This
Agreement may be renewed upon mutually agreeable terms and conditions. The parties
fully recognize that the water main to the MWRA connection provides drinking water to
BURLINGTON residents and any termination or significant change in terms would not
be in the public interest and could have severe public health and adverse economic
implications for the residents. As a result, the parties agree to use their utmost good faith
in the negotiation of any renewal agreement.
4.2 This Agreement may be amended from time to time by mutual consent of the parties and
in accordance with General Laws c.40, §§4 and 4A.
ARTICLE 5 —TERMINATION
5.1 For any material breach of this Agreement for six (6) months after notice thereof in
writing by the other party, either party may terminate this Agreement by giving written
notice thereof to the other party with an effective date ninety(90) days after receipt of the
notice to terminate.
5.2 No failure or delay in performance shall be deemed to be a breach of this Agreement
when such failure or delay is occasioned by or due to any Act of God, strike, lockout,
war, riot, epidemic, explosion, sabotage, breakage or accident to machinery or lines or
pipes, the binding order of any court or governmental authority, or any other cause
whether of the kind herein enumerated or otherwise not within the control of the Party
against whom a breach is alleged.
6
5.3 In the event of termination of this Agreement, in no event shall LEXINGTON prohibit
the conveyance of water through the water main to BURLINGTON unless
BURLINGTON has secured an approved alternative method of water delivery to users in
BURLINGTON.
ARTICLE 6—NONBINDING MEDIATION
6.1 Prior to the commencement of any litigation under this Agreement, the parties hereto
agree that any dispute arising under this Agreement shall be submitted to a mutually
agreeable organization, for nonbinding mediation.
ARTICLE 7—MISCELLANEOUS PROVISIONS
7.1 All notices, requests, demands or other communications under this Agreement shall be in
writing and shall be deemed to have been duly given on the date of service if served
personally on the party to whom notice is to be given, or on the second day after mailing
if mailed to the party to whom notice is to be given, by first class mail, registered or
certified, postage prepaid, and properly addressed.
If to: Burlington
Office of the Town Administrator
29 Center Street
Burlington, MA 01803
781 270 1635 (phone)
With a copy to: Public Works Director
25 Center Street, Second Floor
Burlington MA 01803
781 270 1670
If to: Lexington
Town Manager
7
9
Any party may change their address for purposes of this section by giving the other
party written notice of the new address in the manner set forth above.
7.2 This agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts and the parties hereto submit to the jurisdiction of any
of its appropriate courts for the adjudication of disputes arising out of this agreement.
7.3 This agreement constitutes the entire agreement between the parties with respect to the
subj ect matter hereof, superseding all prior oral and written agreements with respect
thereto, and no amendment shall be valid unless it is documented in a written instrument
duly executed by both parties.
7.4 Nothing in this agreement shall be construed to confer upon any person, any remedy or
claim as third-party beneficiaries or otherwise.
7.5 No waiver of any breach of any provision of this agreement shall be deemed a waiver of
any preceding or succeeding breach. No extension of time for performance of any
obligations or acts shall be deemed an extension of the time for performance of any other
obligation or acts.
8
7.6 Neither party may assign this agreement or any rights hereunder, nor may they delegate
any of the duties to be performed hereunder without the prior written consent of the other
party.
7.7 Each individual executing this agreement on behalf of any entity, which is a party to this
agreement, represents and warrants that he or she is duly authorized to execute and
deliver this agreement on behalf of said entity. This agreement may be signed in
counterparts.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
TOWN OF LEXINGTON TOWN OF BURLINGTON
TOWN MANAGER TOWN ADMINISTRATOR
List of Exhibits:
Exhibit A: Easement Plan
Exhibit B: Form of Easement
9
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDAITEM TITLE:
Discuss Town Manager Search Process
PRE E TER• ITEM
S N .
NUMBER:
Joe Pato, Select Board Chair
I.3
S UMMARY:
C ate g o ry: B rains to rming
T he B o ard will d is c us s d irec tio ns fo r rec ruiting o ur next To wn Manager. We will review the c harge fo r the 2018
T M S earch S creening C ommittee - inc luding revisiting the makeup o f such a committee. The Board will
id entify memb er(s)who will s hep herd this p ro c e s s and d evelo p a trans itio n timeline.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/18/2024 6:25pm
ATTACHMENTS:
Description Type
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2018 Town Manager Search Screening Committee
Charge
Authority The Town Manager Search Screening Committee is an ad hoc committee
appointed by the Board of Selectmen.
Membership The Town Manager Search Screening Committee will have eleven (11)
members composed as follows:
• 2 Selectmen
• 1 Former Selectman
• 1 Diversity Advisory Task Force Representative
• 1 School Committee Member
• 1 Planning Board Member
• 1 Economic Development Advisory Committee Member
• 1 Former Town Senior Manager
• 1 Business Representative
• 2 Town Meeting/Community Representatives
Liaisons The Town Manager Search Screening Committee will have one liaison from
each the Appropriation Committee and Capital Expenditures Committee.
Purpose The purpose of the Committee will be to recommend to the Board of
Selectmen finalists for appointment as Lexington's next Town Manager.
Consistent with State law, the meetings and deliberations of the
Committee shall be subj ect to the Open Meeting law, but the names of
applicants and candidates interviewed by the Committee shall not be
made public and Screening Committee interviews shall be in Executive
Session under Exemption 8.
Responsibilities The Committee's responsibilities shall be to:
1. Work with the executive search consultant in reviewing community
input and feedback regarding the traits and management style desired
for the next Town Manager.
2. Review the Board of Selectmen-Town Manager Act
3. Review with the consultant the selection criteria for evaluating the
candidates.
4. Oversee and guide community listening and discussion sessions with
Town Boards and Committees, Town employees, citizens and other
community stakeholders, as outlined in the timeline, to help inform the
Board of Selectmen on the qualities, strengths, and characteristics of
candidates they envision for the Town Manager
5. Review those candidate's resumes and application materials
recommended for interview by the consultant and evaluate this
information based upon the established selection criteria.
6. Work with the consultant to develop interview questions for the
Screening Committee interviews.
7. Conduct interviews of the recommended candidates in executive
session.
8. Review background and references as appropriate.
9. Recommend to the Board of Selectmen a minimum of three final
candidates, unless a lesser number is agreed to by the Board of
Selectmen, who best match the selection criteria. Work with the
Consultant to provide the key attributes each candidate should possess.
10. Assist the Board of Selectmen, collectively and individually, in
preparing for interviews in executive session and in open session under
the Massachusetts Open Meeting law;
Deliverable It is expected that Committee shall begin its work by mid-June and
shall submit its list of recommended finalists to the Selectmen by
August 10, 2018, unless another date is agreed to by the Board of
Selectmen.
Reference: Charge adopted by the Board of Selectmen on June 4, 2018.
Selectmen designated Committee Members as Special Municipal
Employees: on June 4, 2018
RE UEST FOR UALIFICATIONS
EXECUTIVE RECRUITING CONSULTANT
For the Town of Lexin ton
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Town Mana e�
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Addendum Ma 22 2018
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additions and deletions a�e hi hli htec� in ellow
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Response Due Date: Friday, May 25, 2018 at 11:00 a.m.
Consultant Interviews Tentatively Scheduled for Monday, June 4 beginning at 9 a.m.
EXECUTIVE RECRUITING CONSULTANT-TOWN OF LEXINGTON
1 � IIII�� �� ��.�� �
TABLE OF CONTENTS
INTRODUCTION &PROJECT DESCRIPTION 3
SUBMISSION DEADLINE AND INSTRUCTIONS 4
INSURANCE AND INDEMNIFICATION 5
QUESTIONS, ADDENDUM, OR PROPOSAL MODIFICATION 6
SCOPE OF WORK 6
TIMELINE 8
MINIMUM REQUIREMENTS/QUALIFICATIONS 8
FEE 8
FORMS
Tax Compliance Certification 9
Certificate of Corporate Authority 10
Certificate of Non-Collusion 11
Signature Page 12
SELECTMEN-TOWN MANAGER ACT Attachment 1
2 � IIII�� �� ��.�� �
INTRODUCTION & PROJECT DESCRIPTION
The Town of Lexington Board of Selectmen is seeking quotes from qualified executive search
consultants to work with the Board and the Town in the recruitment and selection of an
exceptional candidate for the position of Town Manager for the Town of Lexington.
ABOUT THE TOWN OF LEXINGTON
Current statistics about Lexington:
•Lexington's land area is 16.6 square miles.
•Approximately 63% of the land in town is in private ownership;
•Approximately 12% of the land is publicly held conservation land.
•A population of 32,478.
•Lexington has 11,5 3 0 hous eholds.
•Lexington has 7,072 public school children
•Lexington has 8,462 senior citizens.
•Per Capital Income $112,264
•Equalized Valuation per capita: $328,658
•B ond Rating: Aaa
•Business Tax Base: BioPharm Cluster of 30 companies and a visitor-based retail based Center
•Commercial property taxes make up 20% of property tax base
•FY18 budget-all funds: $257,329,594
•Commitment to an aggressive capital plan including two schools and a new fire station about to
begin construction, a renovated police station planned within the next two years, followed by
plans to renovate or replace the high school.
Lexington provides a multitude of public resources for its residents:
•Cary Memorial Library, providing resources and programming for residents of all ages
•Excellent public transportation, with buses providing access to the Boston area MBTA
•Outstanding public schools
•Cary Memorial Hall featuring Battin auditorium, home to the Lexington Symphony and many
other shows and events
•Lexington Community Center, with its dining room, fitness center, game rooms and meeting
rooms for community groups
•Town Human Services Department, providing Senior, Veteran, and Youth and Family resources
and services
•Town Recreation and Community Programs Department, managing the Town pool and beach,
and providing sports and leisure programming for children, teens and adults
A Snapshot of Lexington
Lexington was first settled in 1642 as a farming community that was part of Cambridge. It
became the parish of Cambridge Farms in 1691, and was incorporated as a separate town in
1713. The town experienced rapid housing development after World War II with the growth of
the Boston urban area and the decline of agriculture.
3 � IIII�� �� ��.�� �
While the town is primarily residential, a number of industries and commercial establishments
employ more than 16,000 people in Lexington. Services and manufacturing are the two largest
employment sectors. The major shopping area is the central business district. Lexington Center is
a well-maintained area with retail stores, professional offices, banks, and restaurants.
Lexington is a diverse/welcoming community with a growing and engaged Chinese, Indian and
Korean population. The Town has always been blessed with an active citizenry, and participation
of new as well as long-term residents is always welcome. Town government provides a variety
of opportunities for citizen involvement.
In recent years the Board of Selectmen has established a commitment to sustainable practices in
the development of infrastructure (LEED Silver municipal and school buildings), transportation
(A Complete Streets community) and the environment(A Green community).
ABOUT THE POSITION:
See Attachment 1 —Board of Selectmen-Town Manager Act.
SCHEDULE AND TIME LINE
The Board of Selectmen will vote to award the executive search consultant contract by June 4,
2018 and prefer to select a new Town Manager 12 weeks after the Executive Recruiting
Consultant is engaged by the Town.
SUBMISSION DEADLINE AND INSTRUCTIONS
Sealed proposals must be received by the Chief Procurement Officer, Lexington Town Office
Building, 1625 Massachusetts Avenue, Lexington, MA 02420 by Friday, May 25, 2018 at
11:00 a.m. at which time and place the sealed proposals shall be publicly opened.
Proposals MUST include an original, five (5) copies and a PDF electronic version. No proposals
will be accepted after the time and date noted. The Lexington Town Office Building is open
Monday-Friday to receive proposals from 8:30 a.m. —4:30 p.m.
Request for Proposal documents may be obtained from the Chief Procurement Officer, Town
Office Building, 1625 Massachusetts Avenue, Lexington, MA 02420.
Applicants must also execute, as required by law, and include in the sealed submission the
Certificate of Non-Collusion, the Certificate of Corporate Authority and the Certif�icate of Tax
Compliance, copies of which are attached.
Proposals are to be sealed and properly identified on the outer envelope as Proposal for
Executive Consulting Services with the applicant's name and address and delivered to:
Lindsay Dahlberg, Chief Procurement Officer.
Town of Lexington
4 � IIII�� �� ��.�� �
Town Office Building
1625 Massachusetts Avenue
Lexington, MA 02420
781 698-4628
The following information is specifically required:
1. Name and address of applicant, telephone/fax numbers and e-mail address.
2. Brief resume of principals and of the staff to be assigned to the Proj ect.
3. List of completed proj ects that would best illustrate qualifications for the Proj ect.
4. Three references for proj ects of a similar or larger scope, size and complexity, with
contact name, title and telephone number of the person who can speak to the quality of
services provided for similar Town Manager/Town Administrator recruitment processes.
5. Names and qualifications of any outside vendors that may be used for the Project.
6. Statement of the scope and type of services proposed for the Proj ect. Based on the
guidelines and information in this RFQ, the applicant should describe the process and
methodology to be used in the completion of services with specific reference to examples
of similar proj ects in which this methodology has been used.
7. Statement of any legal or administrative proceedings, pending or concluded adversely,
to the applicant within the past five (5) years which relate to the applicant's performance
of this type of work.
8. Appropriate certifications of insurance.
9. Provide samples of work, such as reports, a sample position profile, evaluation forms
and other decision-making tools
10. Summary of expected costs, including estimated consulting fees, advertisement costs,
travel expenses and other miscellaneous costs
11. A current firm brochure may be submitted with the proposal.
12. Completion of the forms located at the end of this RFQ package.
Note: For other governmental entities that may be responding to this RFQ:
• Tax Compliance Certi�cation: Indicate on this document that as a governmental entity,
this does not apply.
• Certificate of Corporate Authority: Indicate on this document that as a governmental
entity,this does not apply.
• Non Collusion: Head of governmental office responding to the RFQ can sign this form.
• Fee Proposal: The Board of Selectmen expects that while the final fee will be negotiated
(largely based on the number of stakeholder meetings we request)it would still like a
separate fee proposal based on the scope of work outlined.
INSURANCE AND IDEMNIFICATION
The selected firm shall obtain and maintain at its own expense, general liability/property and
motor vehicle liability insurance policies protecting the Town of Lexington in connection with
any operations included in this contract, and shall have the Town of Lexington listed as
additionally insured on the policies. General liability coverage shall be in the amount of
5 � IIII�� �� ��.�� �
$1,000,000 per occurrence and $2,000,000 aggregate for general liability and property damage.
Workers' compensation insurance and motor vehicle liability insurance shall be in the amounts
that are in accordance with the requirements of Massachusetts law, unless otherwise waived by
the Town.
Indemnification: The successful applicant shall agree to indemnify and hold harmless the Town
of Lexington and its officers, boards and employees, and the Board of Selectmen, from and
against all claims, causes of action, suits, damages and liability of any kind which arise out of the
negligence or willful misconduct of the successful applicant or its officers, employees, agents
and representatives regarding the proj ect manager services performed.
Proposals must be signed as follows:
1. If the proposer is an individual, by her/him personally.
2. If the proposer is a partnership, by the name of the partnership, followed by the signature of
each general partner.
3. If the proposer is a corporation, by the authorized officer, whose signature must be attested to
by the Clerk/Secretary of the corporation and corporate seal affixed.
The Lexington Board of Selectmen, as the awarding authority, reserves the right to accept
any proposal in whole, and to rej ect any and all proposals if it shall be deemed in the best
interests of the Town of Lexington to do so.
QUESTIONS, ADDENDUM, OR PROPOSAL MODIFICATION
Questions concerning this request must be submitted in writing to the Chief Procurement Officer.
All inquiries received 5 or more business days prior to the opening will be considered. Questions
ma be delivered mailed emailed � �.��. � ��. �.� � ���.��. or faxed 781 861-2794 .
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Written responses will be mailed or faxed to all applicants on record as having received the RFQ.
If any changes are made to the RFQ, an addendum will be issued. Addenda will be mailed,
emailed or faxed to all applicants on record as having received the RFQ.
All proposals submitted in response to this RFQ shall remain firm for ninety(90) days following
the proposal opening. It is the Town's intent to award the contract within 30 days after the
proposal opening. The time for award may be extended for up to 45 additional days by mutual
agreement between the Board of Selectmen and the highest ranked applicant, on the basis of the
responses to the Scope of Work stated below.
After the opening of proposals, an applicant may not change any provision of the proposal in a
manner prejudicial to the interests of the Town of Lexington or fair competition. Minor
informalities may be waived or the applicant may be allowed to correct them.
6 � IIII�� �� ��.�� �
SCOPE UF WORK
The consultant shall:
1. Meet with the Board of Selectmen and Screening Committee as frequently and for such time
as may be necessary to carry out his or her work;
2. Prepare, in consultation with and approval by the Board of Selectmen, a plan for the search,
recruitment and selection of a qualified candidate for the position of Town Manager;
3. Assist in establishing a profile of the desired candidate, reflecting the qualities and attributes
the Board of Selectmen believes the Town Manager should possess. The Board of Selectmen
believes that the successful candidate will comply with the Code of Ethics of the ICMA or
Massachusetts Municipal Management Association;
4. Create a profile for the Town of Lexington that encompasses the uniqueness of the
community, demographics, economic stability, strong sense of volunteerism, and form of
government;
5. Review the Board of Selectmen-Town Manager Act(Attachment 1);
6. Develop a plan to advertise the position and prepare advertisements for publication, including
utilizing the consultant's network of local government professionals to recruit qualified
individuals that match the established candidate profile of this position;
7. Oversee and guide community listening and discussion sessions with Town Boards and
Committees, Town employees, citizens and other community stakeholders, as outlined in the
timeline, to help inform the Board of Selectmen and Screening Committee on the qualities,
strengths, and characteristics of candidates they envision for the Town Manager;
8. Prepare a recruitment report of potential candidates from the submitted applications with
possible recommendations of candidates for review;
8A. Directly receive all applications/resumes.
9. Assist the Screening Committee in reviewing applications;
10. Assist the Screening Committee in vetting and interviewing candidates, including
development of questions, essays, and scenarios;
11. Assist the Board of Selectmen, collectively and individually, in preparing for interviews in
executive session and in open session under the Massachusetts Open Meeting law;
12. Conduct a full reference check of the finalists prior to any interview by the Board of
Selectmen;
7 � IIII�� �� ��.�� �
13. Organize and moderate a public "meet and greet" session for the finalists;
14. ' .
15. Assist in negotiating and drafting of employment agreement and terms and conditions with
the finalist, up to and including acceptance of an Employment Agreement by the selected
candidate;
16. Make every effort to successfully complete the requirements of this Contract within 12
weeks from the date of the signed contract;
17. Conduct other related tasks as may be requested by the Board of Selectmen.
TIMELINE:
Interviews of consultants for this proj ect are tentatively scheduled for Monday, June 4 at 9
a.m.
Proposed dates to develop ideal candidate profile (Tentative. The Board of Selectmen
understands that this is an aggressive schedule and may need to be flexible in meeting
dates, particularly around the June 15 date to review profile of ideal candidate.):
• June 7: Consultant meets individually with Selectmen and Executive Clerk
• June 11: Consultant meets with Screening Committee to discuss roles and meeting
timeline
• June 12: Consultant meets with Senior Management Team
• June 12: Consultant meets with boards/committees
• June 13: Consultant meets with employees
• June 13: Consultant meets with interested community members
• June 15: Consultants meets with Selectmen to review profile of ideal candidate
The Town desires that the consultant make every effort to bring this process to completion
within 12 weeks from the signed contract for services, but recognizes that scheduling of various
meetings may extend this timeline.
MINIMUM REQUIREMENTS/QUALIFICATIONS
Consultants shall have been in the business of providing recruitment services for a minimum of
(3)three years. The Lead consultant shall have successfully completed a similar process for the
selection of at least (3) three similar positions such as Town Manager or Town Administrator
within the past thirty-six months.
FEE
The proposed fee for this proj ect should be included as part of the quote response and will be
negotiated upon selection and agreed upon workplan. The fee will include all expenses, direct
and indirect, for this proj ect. All proposals shall belong to the Town of Lexington. The
8 � IIII�� �� ��.�� �
successful applicant shall agree to comply with all applicable federal, state and local laws in its
performance of its contract with the Town of Lexington.
Please note, many of the "adyninist�ative"functions will be pe�fo��ned by the Town of Lexington
including , scheduling, ad placement, '
, etc.
9 � IIII�� �� ��.�� �
TOWN OF LEXINGTON
TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. c.62C, §49A, I certify under the penalties of perjury that, to the best of my
knowledge and belief, the below named business is in compliance with all laws of the
Commonwealth relating to taxes, reporting of employees and contractors, and withholding and
remitting child support.
(Date) (Signature of individual submitting bid or proposal)
(Printed name of person signing bid or proposal)
(Name of business)
(Business address)
(Business phone number)
MUST BE RETURNED SIGNED WITH THE SEALED BID PACKET
10 � IIII�� �� ��.�� �
TOWN OF LEXINGTON
CERTIFICATE OF CORPORATE AUTHORITY
The principal, officer or person to sign below pledges under penalties of perjury, that he or she
has been designated by the owner(s) or the Board of Directors of the below named firm as an
authorized representative.
(Date) (Signature of individual submitting bid or proposal)
(Printed name and title of person signing bid or proposal)
(Name of business)
(Business address)
(Business phone number)
MUST BE RETURNED SIGNED WITH THE SEALED BID PACKET
11 � IIII�� �� ��.�� �
TO WN OF LEXINGTON
NON-CULLUSION STATEMENT
CONTRACTOR'S CERTIFICATION IN BID/PROPOSAL TO BE ATTACHED TO
CONTRACT
Any person submitting a Bid or Proposal for the procurement or disposal of supplies and services
to any governmental body shall certify in writing, on the Bid or Proposal, as follows:
"The undersigned certifies under penalties of perjury that this Bid or Proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word"person" shall mean any natural person, business, partnership,
corporation, union, committee, club, or other organization, entity or group of individuals."
(Date) (Signature of person signing bid or proposal)
(Printed name of person signing bid or proposal)
(Title)
(Name of Business)
(Business address)
(Business Phone Number)
MUST BE RETURNED SIGNED WITH THE SEALED PROPOSAL PACKET
12 � IIII�� �� ��.�� �
SIGNATURE PAGE
The applicant hereby certifies that:
1. The applicant has not given, offered, or agreed to give any gift, contribution, or offer of
employment as an inducement for, or in connection with, the award of contract for these
services.
2. No consultant to, or subcontractor for the applicant has given, offered, or agreed to give any
gift, contribution or offer of employment to the applicant, or to any other person, corporation, or
entity as an inducement for, or in connection with, the award to the consultant or subcontractor
of a contract by the applicant.
3. That no person, corporation, or, other entity other than a bona fide full-time employee of the
applicant has been retained or hired to solicit for, or in any way assist the applicant in obtaining
the contract for services upon an agreement or understanding that such person, corporation, or
entity be paid a fee or other compensation contingent upon the award of the contract to the
applicant.
I hereby attest with full knowledge of the penalties for perjury, as in accordance with
Massachusetts G.L. C.7, S.38E that all information provided in this application for services is
correct.
Firm
Signee (written)
Signee (typed/printed)
Title
Date
MUST BE RETURNED SIGNED WITH THE SEALED PROPOSAL PACKET
13 � IIII�� �� ��.�� �
ATTACHMENT 1
BOARD OF SELECTMEN-TOWN MANAGER ACT
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Invitation to Quali ied Candidates
INTRODUCTION
The Lexington Town Manager position provides a rare
opportunity for a seasoned management professional with a
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and enjoy all the opportunities of this `destination' �rr
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active citizenry that participates enthusiastically in all aspects ���� ����� � �� �'�� � ���
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This Profile is intended for use as a resource in the search for �, �-� ,,,,;,; ;,,,,,�,,,,,%���,;,,,,�i���/,��% ,
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candidates with a sincere interest in the position will do their � ''� °����'"''���f�� /% � ��
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own research, this document provides valuable information 1� ; � ;%,f��', ,, ,,;
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and links for candidates considering their `fit' with the � ` '' "�
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ABOUT LEXINGTON
The Town of Lexington, MA, is located in Middlesex County, 11 miles northwest from Boston, at the intersection
of I-95/Route 128 and Route 2.Today it has a diverse population of approximately 33,000 residents and 12,000
households. Its land area is approximately 17 square miles. It is predominately a residential community made
up of an attractive mix of neighborhoods, an active commercial Town Center, and blend of industrial and
business parks. The daytime work population is estimated to be 20,000. Lexington is home to a number of life-
science and healthcare companies�Shire Pharmaceuticals, Beth Israel Deaconess Healthcare/Children's Hospital,
Lahey Clinic, Agenus, and Fractyl), MIT Lincoln Laboratory and BAE Systems. Hanscom Air Force Base and
Laurence G. Hanscom Field (New England's largest general-aviation airport) are adjacent to Lexington and
provide additional employment opportunities. As well as being a desirable place to live, raise a family and work,
Lexington has a number of unique features which attract families and retain seniors. The Lexington Public
Schools are ranked among the best in the country. The school population is over 7,200 and growing 1%z-2%
annually.The Town has an active tourist economy based on being the "The Birthplace of American Liberty"that
brings in people from near and far.There is a creative economy that is the envy of suburban municipalities with
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a movie house in the Town Center, the Munroe Center for the Arts, the Lexington Arts and Crafts Society and
the Town's Cary Memorial Building and its large Battin Hall which hosts a Performing Arts Series and is home to
the Lexington Symphony.
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Running through the Town is 5.3 miles of a ten-mile-long rail trail, The Minuteman Commuter Bikeway, which
links Bedford, Lexington and Arlington to the Alewife Massachusetts Bay Transportation Authority (MBTA)
Station in Cambridge. The bikeway is celebrating its 25t" anniversary and one of the premier rail trails in the
country. The expansive and friendly Lexington Community Center has the motto, "a place for every Lexington
resident" and its extensive programming backs up this claim!
LEXINGTON'S HISTORY: THE BIRTHPLACE OF AMERICAN LIBERTY
The Town of Lexington holds a remarkable place in our country's history. In 1642, a mere 22 years after the
Pilgrims landed in Plymouth, the Town was settled as a farming community, named Cambridge Farms as a part
of Cambridge. Lexington was formally incorporated as a Town by the Massachusetts Legislature in 1713. The
early settlers were farmers making their living along Vine Brook.
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Then on April 19, 1775, the first battle of the Revolutionary War was fought on the Lexington Common,what is
known today as "The Battle Green". The Red Coats initially prevailed against the Minutemen, but were
subsequently repelled in Concord at the Old North Bridge, thus preventing the capture of the militia's arms. At
the Battle of Lexington the first shots in the war were fired as well as the first bloodshed in defense of liberty,
thus earning the title, "The Birthplace of American Liberty".
Today, Patriots' Day is celebrated on the third Monday in April with a day filled with remembrances, programs
and activities.The celebrations include an early morning reenactment of the Battle of Lexington by Colonial and
British Reenactors. The community prides itself on its colonial history and on Patriots' Day they honor this
heritage. Visitors from around the world gather on The Battle Green to witness and participate in Patriots' Day.
The Town will be celebrating the 250t"Anniversary of the Battle of Lexington in 2025.
LEXINGTON BUDGET
This spring,the Annual Town Meeting approved a General Fund budget of$221.1M for FY2019.This represents
a 4.1% increase over the FY2018 adopted budget. The Board of Selectmen, School Committee, Appropriation
Committee and Capital Expenditures Committee held numerous Summit Meetings during the budget planning
process leading to the Board's "FY2019 Recommended Bud�et and Financin� Plan" that was presented to the
Annual Town Meeting. The budget is made up funding of these five purposes; Education $110.2M, Municipal
$38.2M, Shared expenses$59.6M, Capital not financed $7.3M and Other expenses$5.86M.
Lexington has a history of conservative budgeting for both revenues and expenditures and as a result has built
up reserves.The Town has three stabilization funds: General of$9.SM, Capital of$26.7M, and Special Education
of$1.1M.The FY2017 undesignated fund balance, also known as, "Free Cash" was $13.1M. Revenue from New
growth is projected to be$2.5M for FY2019.The Board of Selectmen has requested the Town Manager draft the
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required balanced budget that is achieved within
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r%�%'°���; estimated revenues and does not require an override of
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���A �' ������ �� � ���� as the demand for both school and municipal services
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r fJ � ��� ����M�°- The bond ratin a encies have reco nized that Lexin ton
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��u�������f �� _= and, as a result, both Moody's and Standard & Poor's have
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awarded the Town their highest possible, investment
grade ratings, Aaa and AAA respectively. Additional Town budget information can be viewed at
www.lexin�tonma.�ov/bud�et.
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IDEAL CANDIDATE PROFILE
The Ideal Candidate for the position of Lexington, MA,Town Manager will have:
Gr�duate degree in public administratic�n c�r related field.
Ten years c�f demonstrated experien�e in public management�r releuant,transferable experience.
A career recc�rd Qf thoughtful financial rr�anagement an� strategic capital pl�nning uuith a pr�ven ability
tc�wc�rk uuithin an already established and s�ccessful budget process.
Ability t� be intellectually curi4us and creatiu� and to identify innouatiue�c�lutic�ns.
Strong �ublic speaking and �resentati�n skills.
Extensiue knowledge and �xperience in negotiations within a cc�llectiue bargaining envirc�nment uuhile
alsc� mair�taining the ability to establish respectful and harmc�nious relati�nships with unic�n and nc�n-
union leadership.
Ability to "li�ten" and to prc�uide the highest leuel of cust�m�r service.
Committed to continuQus improvement and excellence in public seruices uuith a strQng empMasis in th�
utilizatior� �f�uQluing InformatiQn T�chnology(IT) innavations to imprc�u� communicati�ns and build
added efficien�i�s in the service c��liuery systems�f th� community.
Pro�ren rec�rd of nurturir�gand embracingan established p�sitiveculturewhile promoting�iuilityand
�r�fessional decQrum in all public �iscQurse.
Demonstrated �bility to provide unbiased guidance t4 all ele�te� officials and those appainted ta a bro�d
range of cQmmittees and cc�mm'rssions, as well as to an engaged and diuerse citiz�nry.
1Nillingness to manage Tc�wn �ffairsin an Qpen, diplorr�atic and transparent manner.
Ability to lead, organize, inspire�nd m�nage peaple.
A prouen skill set that allc�ws the manager t� multi-task a myriad �f issues while remair�ir�g f�cused c�n
Board of Selectmen priQritie�.
Skills in working cc�llaboratiuely,cooperatiuely and buildin�consensus including a strong�mphasis c�n
maintaining a pQsiti�e, pr�ductiue relation�hip bet�ueen the schoc�l �n� municipal administr�tic�ns.
�em�nstr�ted career long foundatian of impecc�ble prQfessional �nd persc�nal �thical st�nd�rds,
integrity, respect, honesty and accc�untability.
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THE CHALLENGE
The successful candidate for the Lexington Town Manager position must have a proven record of establishing
positive internal,as well as external, relationships while holding her/himself and others to the highest standards
of integrity and accountability.The Town Manager must also be fully committed to the concept of transparency
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, � �°��� ��� ���'����� ������ relationships throughout the diverse community, listening to
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services,the Town Manager is expected to lead,direct, mentor,
and motivate a professional team that will consistently deliver these exemplary core community services. The
Town Manager must seek to identify and understand the vision of the community for its future and provide
professional, technical, and management support to the elected officials and those persons appointed in their
effort to efficiently and effectively provide for the collective needs of those who live and work in the community.
The ideal candidate must be able to anticipate and recognize potential problems and patterns, and then work
with staff and others to develop solutions. The Selectmen will depend on the Town Manager to present it with
unbiased information on important matters in a relevant, meaningful way that provides the appropriate
perspective.
Lexington is served by a well-respected, but relatively new, Senior Management Team. It is important for the
new Manager to value these employees and maintain the positive working relationships that have already been
established.
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It will be crucial for the next Manager to have a proven record of succession planning, recruiting, selecting and
grooming a high-performance team. Additionally, a challenge for the new Manager will be a personal
commitment to recruitment goals that will help diversify the Town's workforce to better reflect the changing
demographics within Lexington.
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In order to address the Town-wide concerns about the changing demographics, the Town Manager and the
School Superintendent formed the Diversity Advisory Task Force to advise them and the community's appointed
and elected leaders on the issues regarding diversity relative to age, ethnicity, race, sexual orientation, gender
identity, religious beliefs and mental or physical ability. This is a recent initiative that the incoming Town
�/;,, ,v��-,��f,�r�,���� Manager and Superintendent of Schools are expected to
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� t� i�, � ,����� Lexington is a very desirable community in which to live,
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increases is most acute among the aging demographics in
Lexington and the lack of affordable housing options for many, including seniors in the community.The Manager
must provide active and visible leadership on this important issue. In order to achieve this, he or she will need
to help guide the Town in its desire to balance the issues of economic development, traffic mitigation and
transportation needs in both the commercial and residential areas,with the residents'stated desires to maintain
the history, heritage and high quality of life.
A particular challenge for the Manager will be how to utilize the Town's historical and pre-eminent tourism
economy that benefits many of the small businesses that are beneficiaries of tourism dollars and who are located
along Massachusetts Avenue through the Town Center. In the next few years a potential transformation will be
taking place via a proposed Center Streetscape Project which has identified a host of improvement options to
pedestrian and vehicular traffic in the Town Center.
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The Town has a significant stake in a number of large capital improvement projects, some are underway now,
and others in the planning stages for the next three to five years. The Manager must be experienced in capital
planning and financing such that increasing debt service does not unduly impact town services and programs. In
addition, the next Manager needs to be aware of the financial strategies necessary to maintain the Town's
investment grade bond ratings (Moody's Aaa and Standard and Poor's AAA) and balancing the Town's ability to
pay with and without Proposition 2-%z debt exclusions.
� � �, � �
Current capital projects include:
Future capital projects include:
• Hastings Element�ry Schc�c�l
• Community Genter Expansic�n
• Lexington Children's Place (Pre-K)
• High Schc�ol
• Additic�ns/Ren�uatiQn at Middle
Sch�c�ls
• Cemetery Building
• Center Str�etscape Project
• Fire & Rescue Headquarters
+ Police Headquarters
• Police �utda�ar/Indoor Firing
, , Range
* �/is�tc�rs Center
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He or she must be skilled at developing and maintaining the positive working relationship that exists with the
Lexington Public Schools as a new Superintendent will begin July 1, 2018 and an Interim Assistant School
Superintendent for Finance and Operations is also being recruited. The new Manager will need to engage in
immediate discussions with these key school personnel to deal with the growing school-age population that will
strain the ability of the school system to provide sufficient space within its existing infrastructure in addition to
short and longer-term needs involving new buildings and renovations across the entire school district.
The Town Manager plays a significant role in negotiating and administering the Town's collective bargaining
agreements. The Town Manager must be an experienced and effective negotiator with demonstrated skill and
�Y�1i�� �� ��ro�;���, ��. ,�� ��� ���� ��y-� � success in managing and administering fair and reasonable
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�� ��; ,� ��,�����,f,%�`�� �,u��������; ��"� �� co ec ive argaining agreemen s or o si es w i e
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°�°° �������n��� �� ��� �� ��f balancing the needs of the employee with the ability of the
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� � , , � �`,� ��� �,��} �� ���t,���`, ��� ����� residents to pay
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�`° `"" � � �A�� ' �' ������� The ideal candidate must possess outstanding verbal
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� �� � � �� ��� � � � ��� ^°� ��'���� imperative that the Town Manager be able to communicate
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"� ` � �-�� � �` ��` � ' �`'� � ����'� ��d� � ���. ��� effectivel and di lomaticall with town leaders, staff, and
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�� �'����� �� � ����� , ���� ���� �� ����°'�`�� ������������������������� �� ���`������ the public. In order to do this, it is expected the Manager will
. � �
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� � ���� � ���� need to have a hi h level of communit en a ement. It is
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��� '"' � � the Town Manager's responsibility to keep the public
informed, so he or she must be committed to operational transparency, and possess the ability to synthesize
and communicate clear program/project level progress on cross-functional initiatives and activities inherent in
7
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Lexington s tradition of civic participation. The Town Manager must leverage �,,,,�,, ; !
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emerging technologies and other creative ways to promote community � � �
involvement. "Customer service" is a high priority for Lexington, which means the �
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successful candidate must place great value on listening and providing accurate and ��� ,� ��
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ADDI TIONAL 1NFORMATION
Much information is provided herein but candidates are encouraged to learn more about the position by visiting
Municipal Resources' website or the � � ������ ��������,�i�i���. Candidates can also contact Alan Gould at
a�ouldC�mri�ov.com or by phone at 603-279-0352 ext. 320. To apply submit a resume and cover letter in PDF
format to recruitmentC�mri�ov.com.Applications must be submitted by July 9, 2018 by 8am EST.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDAITEM TITLE:
Authorize Town Manager to Execute Easement Between Town of Lexington and Fiske
C ommon C ondominium Trust
PRE E TER• ITEM
S N .
NUMBER:
Jim Malloy, Town Manager
I.4
S UMMARY:
Category:Decision-Making
T he To wn has b e en nego tiating fo r the p as t d ec ad e to p ut into p lac e an e as ement agre ement with the F is ke
C ommon C ondominium Trust to allow students o f the F iske S choo 1 to walk acro s s their prop erty to acc es s
the school prop erty. This was originally in the P lanning Board approval for the F iske C ommon C ondominium
Project approximately 40 years ago, but had never been formalized and legally filed as an easement. Attached
please find the final easement agreement that the Condominium Trust Board approved recently on a 4-1 vote.
There may b e some minor non-sub stantive changes that Town C ouns el may make, which is inc luded in the
recommended motion.
SUGGESTED MOTION:
Move to authorize the Town Manager to execute the eas ement agreement b etween the Town o f Lexington and
the F iske C ommon C ondominium Trust as attached and further to authorize non-sub stantive edits as
recommended by Town Counsel.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/18/2024 6:40pm
ATTACHMENTS:
Description Type
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March 7, 2024
EASEMENT
This Easement is executed as of this day of , 2022 by the Trustees of the
Fiske Common Condominium Trust ("Grantor"), under a Declaration of Trust dated December
14, 1977 and recorded in the Middlesex South District Registry of Deeds (the "Registry") in
Book 13356, Page 242.
WHEREAS, Grantor are the trustees of the organization of unit owners of the Fiske
Common Condominium (the "Condominium") located at and having an address of[Seaborn
Place and Muster Court], Lexington, Massachusetts, 02420, created by a Master Deed recorded
in the Registry in Book 13356, Page 227 (as amended to date, the "Master Deed");
WHEREAS, the Town of Lexington ("Grantee"), a municipal corporation with an
address of Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts 02420,
is the owner of that certain parcel of land located at 55 Adams Street, Lexington, Massachusetts,
by a deed recorded in the Registry in Book 723 0, Page 341, which land is currently used as the
Fiske Elementary School (the "Town Property");
WHEREAS, pursuant to Paragraph 8 of Exhibit A to the Master Deed, the Declarant
under the Master Deed reserved the right to grant to the Grantee hereunder a"pedestrian
easement" from East Street to the Town Property.
WHEREAS, the Declarant under the Master Deed did not previously convey a
"pedestrian easement"to Grantee; and
WHEREAS, Grantor has agreed to grant, and Grantee has agreed to accept, a pedestrian
easement over a portion of the Condominium's common area and facilities shown as "Proposed
10' Wide Easement" on the plan entitled"Plan of Land in Lexington, Massachusetts prepared for
the Town of Lexington Public Facilities Department," dated March 27, 2009 by Merrimack
Engineering Services and attached hereto as Exhibit A (the "Plan") and also recorded in the
Registry simultaneously herewith, for pedestrian only access to the Town Property as more
particularly described herein.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee
agree as follows:
1. Grantor hereby grants to Grantee, for so long as the Town Property is used as a
public school, the limited right and easement for the students of the public school, their parents
and guardians to use, by foot only, except for anybody requiring the use of a wheelchair or other
accessible means of transport that portion of land labeled"Proposed 10' Wide Easement" on the
Plan (the "Easement Area"), which is a common area of the Condominium, as a passage way for
the sole purpose of access to the Town Property. Any ramp used for wheelchair access to the
{A0642894.1}
Easement Area shall be located on Town property and not on Grantor's property. Except as
provided in this paragraph, this easement shall be limited to passage by foot only and in no event
shall the easement be used for passage by the public 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 or other
pets shall not be permitted in or on the Easement Area. Passage over the Easement Area shall be
limited to the hours of 7:00 AM to dusk. The "Easement Area" contains approximately 4,042
square feet as per the Plan and is conveyed subj ect to the right hereby expressly reserved by
Grantor to continue to enjoy the use of said Easement Area for all purposes.
2. Under the terms of this Easement, Grantee shall be entitled to construct, install,
improve, maintain or repair the proposed Easement Area, in its existing location only as shown
on the Plan, which shall include the right to install pavement, or other surface with similar
surface materials as approved by the Grantor, which approval shall not be unreasonably
withheld. In no event shall the improved area, by the pavement or otherwise, exceed five (5')
feet in width at any point along the Easement Area. Notwithstanding the foregoing, in no event
shall the Grantee be permitted by the terms of this Easement to install lighting of any kind in or
on the Easement Area or illuminate it in any other way. In connection with the initial
construction of said paving, Grantee and its agents, employees, contractors and representatives
shall have the right to enter upon and occupy the Temporary Construction Easement on foot and
with motorized and/or mechanical construction vehicles and equipment to perform any work
deemed necessary by Grantee.
3. Grantee may make other improvements or alterations to the Easement Area not
shown on the Plan only with Grantor's prior written consent, which shall not be unreasonably
withheld, conditioned or delayed.
4. Grantee shall be solely responsible to maintain the Easement Area.
Notwithstanding the foregoing, Grantee shall not be permitted to remove or treat snow, ice or
plow the Easement Area and not withstanding any town ordinance or future bylaw to the
contrary. Such maintenance work shall be subj ect to the requirements of Paragraph 5 hereunder.
In connection with maintenance of the Easement Area after the making of initial improvements
described in Paragraph 2, the Grantee shall not be permitted access to the Temporary
Construction Easement without the Grantor's prior written consent, which shall not be
unreasonably withheld, conditioned, or delayed, except, however, that the in the case of
emergency repairs to the Easement Area, the Grantee shall be permitted to enter the Temporary
Construction Easement as necessary to conduct such repairs.
5. The Grantee shall perform all work, if any, in connection with the paving,
cementing, maintenance, and repair of the Easement Area at the Grantee's sole cost and expense
using similar surface materials as approved by the Grantor, which approval shall not be
unreasonably withheld. All of said work shall be performed in a good workmanlike manner in
compliance with all applicable laws, regulations, codes, bylaws and ordinances. In exercising
its rights to construct, install, alter, maintain, improve, replace, repair, reconstruct, or remove
improvements to the Easement Area, the Grantee shall use reasonable efforts to minimize any
#1090331v1{A0642894.1} �
interference with the Grantors' use of the Condominium and the Easement Area, and shall
promptly repair any damage to the Condominium or the Easement Area caused by the Grantee's
improvement or maintenance of the Easement Area. Furthermore, Grantee shall be solely liable
for any claim or liability arising out of the use of the Easement Area by any member of the
public and, to that end, to the extent permissible by law, the Grantee shall add the Grantor as an
"additional insured"to the Grantee's general liability insurance policy on a non-contributory
basis for all such claims or liability. To the fullest extent permitted by law, the Town and/or its
insurance carrier shall defend, indemnify, and hold the Grantor and is agents harmless from any
and all such claims and/or liability.
6. With the prior written approval of the Grantor, which shall not be unreasonably
withheld, delayed or conditioned, Grantee shall erect and maintain no more than two signs at the
locations shown in the Plan 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 as a foot only passage way to the Town Property, as articulated in
paragraph#1; (iii) that no dogs or other animals shall be permitted on the Easement Area; (iv)
that the Easement Area is only available for use between the hours of 7:00 AM and dusk; and (v)
that smoking and vaping in the Easement Area are expressly prohibited. 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. Notwithstanding the foregoing, the
Grantee shall not advertise the presence of this easement of the access granted thereunder on any
official map of the Grantee describing Town trails or walking paths.
7. In the event Grantee sells the Town Property or the Town Property is no longer
used as a public school, then this Easement shall cease, terminate and be extinguished and shall
be of no force or effect, without the need of the Grantor to perform any other act in confirmation
of same.
8. The Grantor hereby represents and warrants that it has complied with the
requirements of Section 5(b)(2) of Chapter 183A of the Massachusetts General Laws with
respect to the granting of this Easement and that (i) it has obtained the consent of at least fifty
one percent (51%) of the number of all mortgagees holding first mortgages on units within the
Condominium who have requested to be notified thereof, as provided in subsection (5) of section
4 of Chapter 183A of the Massachusetts General Laws and (ii)that due to the conditions and
limitations above, this Easement is not inconsistent with the peaceful and lawful use and
enj oyment of the common Condominium property by the owners thereof.
9. It is the intention of the parties that, to the fullest extent permitted by law, this
Easement constitutes an "interest in land"under Massachusetts General Laws c. 21, § 17C, and
that the parties hereto shall be afforded all of the rights, protections, privileges and benefits
granted thereunder.
10. The terms of this Easement, including but not limited to the rights, privileges,
obligations and conditions set forth or referenced herein, shall run with the land upon which the
#1090331v1{A0642894.1} �
Condominium is located and shall bind Grantor, the unit owners of the Condominium and any
other person having an interest in the Condominium or in any unit therein and their respective
successors and assigns. This Easement is appurtenant to and shall run to the benefit of the Town
Property.
[Reynainde�ofpage intentionally left blankJ
#1090331v1{A0642894.1} �
Witness the execution hereof under seal as of the date first set above.
FISKE COMMON CONDOMINIUM
TRUST
Name:
Trustee
Name:
Trustee
Name:
Trustee
Name:
Trustee
Name:
Trustee
INSERT ADDITIONAL SIGNATURE
BLOCKS IF MORE THAN THREE
TRUSTEES
#1090331v1{A0642894.1} �
COMMONWEALTH OF MASSACHUSETTS )
) ss:
COUNTY OF MIDDLESEX )
On this day of , 2022, before me, the undersigned notary public, personally
appeared each of the foregoing Trustees of the Fiske Common Condominium Trust, proved to
me through satisfactory evidence of identification, which was ,
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 as the foregoing named
Trustees of the Fiske Common Condominium Trust.
Notary Public
My commission expires
#1090331v1{A0642894.1} �
ACCEPTANCE
The foregoing Easement is hereby accepted by the Select Board of the Town of
Lexington this day of , 2022.
TOWN OF LEXINGTON
By and through its Select Board
By:
Name: James J. Malloy
Title: Town Manager, duly authorized
#1090331v1{A0642894.1} �
COMMONWEALTH OF MASSACHUSETTS )
) ss:
COUNTY OF MIDDLESEX )
On the day of , 2022, before me, the undersigned notary public,
personally appeared each of the foregoing named Town Manager of the Town of Lexington,
proved to me through satisfactory evidence of identification, which was
, to be the person whose name
assigned on the preceding document and acknowledged to me that he signed it voluntarily for its
stated purpose as the foregoing named Town Manager of the Town of Lexington, a municipal
corporation.
Notary Public:
My Commission Expires:
#1090331v1{A0642894.1} �
EXHIB IT A
Easement Plan
(see attached)
#1090331v1{A0642894.1} �
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDAITEM TITLE:
Discuss Appointment of Select Board Member to Cary Library Trustees Nomina.ting
C ommittee
PRE E TER• ITEM
S N .
NUMBER:
Joe Pato, Select Board Chair
I.5
S UMMARY:
Category:Decision-Making
The Nominating Committee for the Library Board of Trustees consists of three members:one representative
from the S elect Board, one from the S chool C ommittee, and one from the C lergy As sociation. The
No minating C o mmitte e will p re s ent a s late o f five Exec utive B o ard memb ers, inc lud ing a C hair and a Vic e-
Chair, for a vote at the Annual Meeting of the Cary Memorial Library Board of Trustees being held in May.
A S elect Board member is needed to be the S elect Board representative on the Nominating Committee for
Trustees of Cary Library.
The Cary Library Board of Trustees have requested a reply before April 12, 2024 with the S elect Board's
designee for the Nominating Committee.
SUGGESTED MOTION:
Move to appoint as the S elect Board representative on the Nominating Committee for the
Trustees of Cary Library.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/18/2024 6:SOpm
ATTACHMENTS:
Description Type
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March 7, 2024
Mr.Joe Pato, Chair
Select Board
Town Of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Dea r Joe,
The Cary Library Board of Trustees will be holding their next annual meeting on Wednesday, May 15, 2024.As
per the Trustee Bylaws, I am asking the Select Board to identify one of its members to serve on the nominating
committee for the Executive Board of the Cary Memorial Library Board of Trustees.
The Nominating Committee shall consist of three members, one representative from the Select Board, one from
the School Committee, and one from the Lexington Interfaith Community Association (LICA). Not more than one
Trustee from the Executive Board shall be a member of the Nominating Committee.
The Nominating Committee will present a slate of five Executive Board members, including a Chair and a Vice
Chair, for a vote at the Annual Meeting of the Cary Memorial Library Board of Trustees in May.
Please respond with the Select Board's designee for the Nominating Committee before April 12, 2024.
For your information,the current members of the Executive Board are:
Suzie Barry, Chair—Select Board
Amy Hertz,Vice Chair—LICA
Barbara Callaghan—LICA
Eileen Jay—School Committee
Jill Hai—SelectBoard
Thank you,
Scc2ie J3a�c�
Suzie Barry, Chair
Ca ry Li bra ry Boa rd of Trustees
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