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Home My WebLink About2024-07-08 SB Packet - Released SELECT BOARD MEETING Monday, June 24, 2024 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 6: To Consider the Value of Real Property- Parcel 68-44 Located on 6:30pm Lowell S treet PUBLIC COMMENTS Public corrlments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes fo r c o rrlment. Memb ers o f the B o ard will neither c o rrlment no r res p o nd, o ther than to ask questions of clarif'ication. Speakers are encouraged to notify the Select Board's Office at 781-698- 4 5 8 0 if they wis h to s p eak during p ub lic c o rrlment to as s is t the C hair in managing meeting time s. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. S elect Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. Lexington Housing Assistance Board (LexHAB) Property Acceptance - 31 Fletcher Ave, Unit 14 2. Affordable Housing Trust • Correct Term Ending Month/day to be April 30, 2025 - William Erickson - Linda Pro snitz - Tiffany P ayne • Reappointment to April 30, 2026 - Elaine Tung - Mark S andeen 3. Approve S elect Board Meeting Minutes • May 20, 2024 S elect Board • May 22, 2024 F inanc ial S ummit • June 3, 2024 S elect Board 4. Approve S elect Bo ard C ommittee Appointment • T he L exingto n C enter C o mmittee- Kathleen Mac D o nald 5. Approve Select Board Committee Reappointments • Keeper of the Lockup - Police Chief Mike McLean • Executive C lerk- Kim Katzenb ack • Town C elebrations C ommittee: o William G len B as s ett o C eris e Jalelian o Julie Ann Miller o Sandra V Podgorski • Town Celebrations Subcommittee: o Sudha Balasuryan o S tep hen D. C o le, Jr. o Yifang Gong o David Grab el o Bonnie L Karshbaum o E. Ashley Rooney o Mirela Vas o o Huma Was im o P amela Winters o Hong Xie • Minuteman Advisory Group on Interlocal Coordination(MAGIC): o Jill Hai 6. Accept Select Board Committee Resignations • Transportation Advisory Committee- Jonathan Schwarz • Lexington Human Rights C ommittee- Lois Brus s 7. Ap p ro ve To wn Manager C o mmittee Ap p o intment and R eap p o intments Appointment: • C ouncil on Aging- Janet P erry Reappointment: • Youth C ommis sion- James Athens • Youth C ommis sion- Debra Harikins 8. Approve One-Day Liquor License - Galaray House, 1720 Massachusetts Avenue • F irst F ridays Event 9. Approve One-Day Liquor License - Lexington Friends of the Arts d/b/a Munroe C enter for the Arts • Gallery Reception ITEMS FOR INDIVIDUAL CONSIDERATION 1. R eview and Ap p ro ve R ec o rrlmend ed Amendments to to H 3 7 7 5 regard ing L exingto n 7:10p m Housing Assistance Board (LexHAB) 2. Discuss Select Board Report for FY2024 Annual Town Report 7:15pm 3. Discuss and Approve LexMedia Budgeting and Contract Extension 7:25pm 4. Approve Request for Proposal and Land Disposition Agreement for Parcel 68-44 7:SSpm Located on Lowell Street 5. Discuss Recorrlmended Diversity Equity& Inclusion Changes for Select Board 8:15pm Meetings 6. R eview and Ap p ro ve Up d ate s to R e s taurant, Event S p ac e & C raft B everage 8:2 Sp m E s tab lis hment Alc o ho lic B everage Lic ens e R egulatio ns ADJOURN 1. Antic ip ated Adjour�lment 8:3 Spm Meeting Packet:https://lexington.novusagenda.com/agendapublic/ *Memb ers o f the p ub lic c an attend the meeting fro m their c o mp uter o r tab let b y c lic king o n the following link at the time of the meeting: http s://zoom.us/j/99739813810?pwd=bEZZNE9HK3MyY 1 Avc Wc SdONs Q OJIQ T 09 iP ho ne o ne-tap: �13092053325„99739813810#,,,,*153496# US �13126266799„99739813810#,,,,*153496# US (Chicago) Telephone: • �1 309 205 3325 US • �1 312 626 6799 US (Chicago) • �1 646 931 3 860 U S • �1 929 205 6099 US (New York) Meeting ID: 997 3981 3810 Passcode: 153496 An Ac t R elative to Extending C ertain S tate o f Emergenc y Ac c o rrlmo d atio ns: http s://vc�vvw.mas s.gov/the-op en-meeting-law T he next regularly scheduled meeting of the S elect B oard will be held on Monday, July 8, 2024 at 6:30pm via hybrid participation. Hea�ing Assistance Devices Available on Request � All agenda time and the order of items a�approximate and � � � �,(�„ subject to change. Recard�d by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: ITEM NUMBER: S elec t B o ard Memb ers LR.1 S UMMARY: P leas e s ee the attac hed S elec t B o ard Memb er Anno unc ements and Liais o n R ep o rts fo r the June 24, 2024 meeting. Und er this item, S elec t B o ard Memb ers c an als o c o rrlment o n any additio nal p o ints, rep o rts and conc erns. SUGGESTED MOTION: FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��w��w�� ,:��. ��.��,��i�.��.�� . �:...E��,:��.��,:�� :��;��i�� Select Board Announcements and Liaison Reports —June 24, 2024 Jill Hai• �ibrary �ower �evel Proiect—Opening bids for lower level project are scheduled for next week. Facilities department will be sending abutter notices;The library will be sending notices regarding alteration of operating hours during construction directly to all library patrons in their email database and via town notifications. Minuteman Advisory Group for Interlocal Coordination (MAGIC)— In the annual workplace meeting last week, a Noise regulation survey collaboration project was funded for FY 24. I will include the Noise Committee on distribution and any presentation dates. Town Mana�er Search Screenin�Committee—Committee met on 6/18. Recruitment is progressing well. Approximately 10 applications have already been received. The deadline is July 8. The search committee will vet the application pool and present qualified candidates to the committee for determination of which to move forward. The committee set a tentative work schedule for the next two months.There is a current hold on the SB calendars of August 28 for final interviews. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager T M.1 S UMMARY: Attached please find the weekly updates for the weeks ending: • June 7, 2024 • June 14, 2024 • No weekly update for June 2, 2024 (next will be June 28 2-24) SUGGESTED MOTION: FOLLOW UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��.��:�.��`��,. ��..�,�v��,:� � ��.��:�.��`�:��,.��,. ��..�,�v��,:� �� I �,ui M�� ..........„ ��", ..... �� N � � �' fl �� I� � ��u � {II I � �I� �1' �� / � �d+r ��p �� . I ' �o � �,��p� � .. �,�. ��"� ��„�� `�'�� ` ��'r��-�""a,� i w VY d+;p IhJ � �� P�,",��W4n.u�IV�..u.H. � • Town o L exzn ton g Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: June 7, 2024 RE: Weekly Update The following is an update of activities for the week ending June 7, 2024: Town Mana�er Updates: • Attached please find a more defined Community Engagement Policy for proposals that come before the Select Board, which includes some additional information for the Board's consideration for discussion on 6/17. • On the Plastic Bottle Prohibition Policy, Town staff will be working on their plans (once the Select Board approves the policy) with a goal of 9/1 (assumes the Board accepts the Town Manager's recommendation on the date) and while there was some concern raised regarding vending machines, public and private events, we believe staff can implement a transition to either aluminum cans or paper boxes of water. The Board should be prepared the cost will be 4-5 times higher than plastic and that will be reflected in the FY26 budget. For private use of Town facilities, staff will modify building/property use forms indicating that there is to be no plastic bottles, only aluminum cans or cardboard boxes, however, staff will not be enforcing this requirement on private events as there isn't capacity to enforce (enforcement at private events would also add cost to the FY26 budget if the Select Board wished to have staff enforce). The following is some of the feedback . rom varlous epartments: o DPW: When ordering breakfast/lunches, we usually order water and/or soda that comes in plastic bottles o Community Center: I�ave a vending machine that dispenses water. Some special events provide water in single use plastic bottles for events in the summer. Also provide water for staff events/trainings. o Visitors' Center: They sell boxed water. They have a small beverage fridge and no vending machines. They also sell metal water bottles and have a refill station. During summer months, they get 5-6 buses each day and water is their#1 seller. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 o I�ealth: I would guess we all supply water when running events/meetings etc. as the healthy option to soda or other drinks. We would have to buy water in cans or boxes, which is more expensive. I do not know if those options are available for vending machines. We do not have a bottle filling water station on the `garden' level just a bubbler. There is filtered water in the employee kitchen but the public is not supposed to go in there, so I don't know how that would affect any public meetings on this floor. And not everyone brings a refillable water bottle with them wherever they go. From a health perspective, I do worry about access to water especially coming into the summer months. o Library: We often offer bottled water at library events where food is served. It's just the easiest way to manage the hygiene and mess issues related to having food in public buildings. We do occasionally have pitchers of water at events, but there's usually more mess and you still have to provide cups for people to pour the water into. We get rid of one kind of iness and have another kind of iness. We can make it work. We'll just need to find a company to buy water that's in boxes or aluminum cans. I think that's more expensive but the cost increase won't be a big issue for us here. We also do have bottle filler water fountains throughout the building so most staff and patrons choose to refill their own bottles. Additionally, both Police and Fire use bottled (plastic) water during emergencies. • Attached please find the agenda tracker for upcoming Select Board meetings. Land Use, I�ousin� and Development: Economic Development • The Economic Development and Visitors Center team participated in the Greater Merrimack Valley Convention and Visitors Bureau Annual conference on June 4th showcasing Lexington 250th and Concord 250th events and happenings. The Economic Development Director was the Chair of the Tourism Conference organizing committee and the Select Board member and Lex250 Chair Suzie Barry was part of the speaking program. The conference was very well received by all the neighboring communities, the State, and the tourism partners. �� u�;i %°'�� '!%: � '�,; !�!.� II� u��..,:..,, �� I�% %,� � �„�� J� ,, , w��J � /i� � � � »�l >> �� J ,, ,��; �� J 1 , ,,�, � , , , � �� , �,,,,�`,J �, , , ; ,�� ,� �, ,, � �� . /; / ,�, ,/ ,i ;., ., J ,,, ,,,-, ,k , �I % � � r r �%� �� /r,,., Ill�i�'"li'1', ��,: / � ; � � �j � ➢ „ .',.. ..� I/,:� .� . > ..!� .., , . . :� .,, �,,�Jll9i; -,.. i� '; / ,.,./ // ,. ... . ,,,,;r„i,.... .,,, ,,,, ;/// f ,,%;;� ;< , ' �. �,f �/i, ,�, ��:' �,.�� (rf I� !;��% ' e `" //iii��;��'///l' /� � #� i, � � %i .� " �M��i` jf I -�' i ///�j�- ,i i/%%%�� /� ,, ,� i ,,,, , ��;;; �a ,. r f i� ` ��d,a /, ��,., � � f,� ., a r,'- , /� % ,,,,, , i Yi,, ;i f� %%� � ! „ r /� I ,,M° ;��' j r r, � , , , �' � ,,, , � / vr, r % ,. � � �i , / ,%%, li f� „< ; i f ,i� � �/ f;�,/ii��l I �,� , w ,r )� '�� ,,i ,�� ,m%i ��,% f;,. j�� '��.� Duw i ,i d/�„ �(�� I� ' i �%�..... ... �/,�� . �M, �//% ;,,J �,��. ' c,.. � ,,. , ' " � ..� ,. � ��, �j/ Jtr�'i""�l11�� .%� �� J��/ mw i; �ii � Jf�� 1 ".f :.a�; ,// /�J��t � �,:, , �r ./ ,/e � � , If��f 1f , r�.. i. %� � � {'41 x . �� %% �,I ../� ' �• �� J�; .. �i� �� I��, .�" IJ f�evt�,�Nferry9 ri��:� r�ll /.�'^" � .'.,i/%/!!ri¢: %"/��i ',i � fii. � U'�..',. ,,,,,, j„��.,ai i,� ��fl,� � i/////i/,,,s;;�.. ,„ � /;� , , � ......, ;� �� .��, i ��oo��1 �,',,,��. � /i ,,,, ;i;%:,,��y"�i ,% % I�,.J � ��l � ,i �� ;,�, � �/j�/ / ji � , �f`� �i �r/ , �i ; ��11iu�1 ,� � 1 n ; %/ �%. �`,,, i,,,,,,,��o,,,,,,i�/iii, ��,;`"�„ 1 % i ��U� (/�%i ��r� � ),�� %��i � , '"� 'l'' , ��;%/i ,,,%';i i.,,,iI � Internal Policy for Community Engagement Dated: Pu ose: The goal is to provide a roadmap for consistency on a public process for the future to ensure we have a standardized process that includes both internal and external engagement. Further, to provide clarity to Town staff on the order of bringing a proposal before the Select Board as well as other Boards/Committees or having public outreach to avoid confusion and inconsistency on whether proposals should come before the Select Board first or after review by other Boards/Committees/public engagement. Application: This policy wiii appiy to: • Proposals that have not already been presented to and approved by the Select Board and approved by Town Meeting. • Other proposals that exceed $1,000,000 in value for capital proj ects. • For abutter notification, this policy will require notification within 300 feet of a project. • This policy will not apply to other statutory or bylaw requirements that may be less than or greater than the requirements stated above. Process: The following is the process that Town staff will be directed to follow: 1. Bring the proposal before the Select Board, in a regularly scheduled meeting as a p�elimina�v presentation and a general timeline for presenting to other Boards, Committees and/or the public. 2. Present the proposal to other Boards, Committees or the public. 3. Bring the proposal with any revisions from other Boards, Committees or the public back to the Select Board for a second presentation and to receive any comments from the Select Board. 4. Bring the proposal with any revisions from step (3)to the Select Board for final approval. If there were no further revisions at step (3) the proposal will be placed for consideration on the consent agenda. i - The Semiquincentennial Commission will be '��r�i uir��c�r�t�r�r�i�l ��r�r�i��i�r� hosting Parker's Prelude Community Festival q 17-Jun-24 0 0 on the Battle Green 7/13 (road closure (L��c250) �. ��d �I��ur� ��qu��t needed on Massachusetts Avenue from �r� IVI��chu��tt�Av�r�u� Bedford Street to Harrin ton Road g ) Approv� �n�-�►�y Liquor Li��ns� - , Vi/ilson F�rm, In�. 17-Jun-24 0 0 il��n F�rrr�, In�.� �inn�r in �h� Fi�ld� 6/27 Kerry Brandin resigning from the Tourism Committee effective immediately. TCO and 'A�c�c�pt��I��ct ��rd ��r�r�itt�� Ju�r� 17, Chair notified on 6/5 (resignation letter stored '��i r��ti�r� 2024 a a in COMMITTEES ->APPOINTMENT g PROCESS -> 2024 Letters-> 2024 Resignation Letters). -- add to recruitment H��rir�g - P��k�g��tc�r� Liquc�r Complete Application recieved on May 14th Li��r�� Tr�r��f�r- �i�w�� from Biswas Enterprise to transfer from Arts Er�t�r ri�� Ir�� 1666 17-Jun-24 10 1 S ecialties- Le al ad will ublish in the Ma p � p g p Y I�I��hu��tt��v� tlr�it H 30, 2024 Minuteman Newspaper, 'Per request from Elaine Tung to have this first 'C�i��cu�� FP� F�r L�w�ll �tr��t 17-Jun-24 20 2 'on the Agenda because she has to be in 'Boston that night for Celtics �ELE�T ��D VV��K�E��I�N - This is a discussion to reviews designs and Di��u��ic�r� c�r� I�luzz� P�rkir� Lc�t 17-Jun-24 20 � determine whether this parking lot should y g continue to have meters and PaybyPhone or ��Ig� only PaybyPhone '�111�II �U�IC1�� T�� E��111ptI�C1 17-Jur�-24 10 4 ��1� ��`��I��l ��r°i"1r°i"11�t��'� �`�gUl��`�� rr��ing ( �dn��d�y, IVI�y 15, 2024�, �h� ��r�r�i�t��v��d un�nir��u�ly (5-0� in A�pprov� P'I��m�nt of T�mpor�ry �upp�rt�f�h� pl��rr��n��f up�� igh�, �igns �t Lin�oln Fi�ld �nd/or �ppr�xirr��ly 4'x�', vinyl, ��rp�r�� nt�r Tr��k Fi�ld - L�xington 17-Jun-24 5 5 �p�n��r�hip b�nn�r� ��Lin��ln Fi�ld #2 High ��hool �irls �o��r �nd/�r��n��r Tr��k Fi�ld by�h� L�xing��n �oost�r� High ��h��l �irl� ��r��r�f�r�h� purp�� ffundr�i�ing. - �FFI�IAL iREC�UE�T N�T RE�EIVE� FR�IVI LH� �IRL� ��ER 'P°L�4�EHC�LC�ER - L��clVl�di� r�p�rt t� �� 17-J u n-24 10 6 T�wr� I�I��tir�g�rti�l� �ubr�i��i�r� Update that Policy Committee is working on Tir��lir�� Di��u��ic�r� 17-Jun-24 � 7 ro osed schedule for article submissions p p There has been confusion in the past on whether staff should present proposals to the Select Board first or to other 'P�ubli�c P�r��c�� f�r�t�ff P�r�p��l� Boards/Committees/Public first. This 'C�i��cu��i�r� 17-Jun-24 10 � discussion will be to seek a reement on a g single process to ensure consistency and standardization for processes to ensure there is internal and external engagement Town Counsel has recommended the Select Board formally accept the deed of gift and that ��pt D��d c�f�ift- L�x��H�r 17-Jun-24 5 9 it be placed on permanent file with the Town Clerk as an attachment to the meeting minutes. 'PLACEHOLDER - LH� ��t� 17-Jun-24 20 Per request from Joe Pato '�I��U��I�Cl Em�il received 6/3 from G. �zym�n�ki looking PLACEHOLDER -Vi/�t�r�nd ��r�r to �cheduleVi/�ter�nd �ewer Ab�tement Ab�t�m�nt A ��I -24 C��kl�nd �t. 17-Jun-24 15 � ��I -once meetin d�te i��et �BO office pp pp g , will follwo up for reque�t m�teri�l for p�cket L�xH�b P'rop�rty A��pt�n�� 24-Jur�-24 a a This is �f�ll�vu up t�th� �x��utiv�s�ssi�r� �r� L�xh�b ��quisiti�r� �f pr�p�rty PLACEHOLDER -Approv� ��I��t App�in�� rr��rr�b�r��h� L�xing��n ��n��r �o�rd �ommitt��A ointm�nt 24-Jun-24 0 0 ��rr�rr�i�t�� fr�rr� r�vi�u� r��rui�rr��n� pp ( � � Annual June reappointments: Keeper of the 'Appr�v��I��ct ��rd ��r�r�itt�� Lockup; Executive Clerk; TCC; TCC 24-Jun-24 a a '��pp�ir�tr��r�t� Subcommittee; Affordable Housing Trust; MAGIC (expire 6/30) Fr�r� El�in� Tung: F�ur�u�n��h� ��rr��f�h� L�xing��n Aff�rd�bl� H�u�ing Tru��, �ru��°��rr�� xpir� �n April 30 �f��h y��r��vv�ll ��h� nur�b�r�f��rr�� b�ing lir�i��d (Arti�l�V, ��ti�n �.� I b�li�v� �h��h� T�vvn vv�b�i�� h��h�y�xpir� �n J u n� 30. PLACEHOLDER -�c�rr��t T�rr� Er�dir�g D�t�fc�r�ffc�rd�bl� In �ny�v�n�, I vv�� nly�pp�in��d f�r� �n� Hc�u�ir� Tru�t I�I�rr�b�r� tc�� ril 24-Jun-24 0 0 ��r��rrr� �� und�r�h� Tru�� rr� ��rrr� g p Y Y 30th � ��pp�ir�tr��r�t�x2 ��hni��lly�xpir��h� �nd �f�hi� r��n�h vvi�h �h� T�vvn vv�b�i�� ing �h�� i��xpir�� n Jun� 30. I vv�uld lik�� r�qu��h��h� ��I��t ��rd ��n�id�r�x��nding r�y��rr� �n �ddi�i�n�l �vv� y��r�, vvhi�h�v�r�xpir��i�n d��y�u �h�� u��. The developer providing us an easement which was agreed on during the Planning Board approval process. The easement F�irl�r�d P�ur�p �t�ti�r� E��r��r�t 24-Jun-24 5 1 rovides the town a arcel of land to install a '�4�c�c�pt�r��c� p p water booster station to improve water pressures in that area if we determine it is the most appropriate solution. Pr��r�t Pl�r� �f��ti�r� �r�d Tir�r��lir��fc�r�r�r��r�dir�g th� IVl�rk, H�r��li, ��n�, �hri��in�, ��ph�ni� L�xir�gtc�r� Hurr��r� �ight� 24-Jun-24 10 2 pr��n��h� pl�n �f��ti�n �nd �ir��lin�f�r �c�rrirriitt�� h�rg��r�d upd��ing �h� LHR� �h�rg� �c�r�°�r�°�u r�ity �c�r�v�r��ti c�r� P I�r� 'PLACEHOLDER - ��vi�w�r�d '�4ppr�v� ��r�r�itt�� IVl��tir�g 24-Jur�-24 15 3 Follow up from 12/18/2023 meeting '��r�du�ct IV�rrr� F'�li�cy F��r I��n F��gr�n �rr��il �n 5/10/2024, �A� PLACEHOLDER - Di��u�� r�d vv�uld pr��n� budg��ing r��rr�rr��nd��i�n�; �pprc�v� L�xl�l�di� �udg�tir�g �r�d 24-Jun-24 20 4 ��I��t ��rd r�vi�vv�nd �ppr�v� L�xlVl�di� �c�r�tr��t Ext�r��ic�r� ��n�r��t Ex��n�i�n, �hird y��r�f�h� 6 y��r ��n�r��t 24-Jun-24 24-J u n-24 I I . Follow-up to the 6/3/2024 Meeting regarding �� 24-Jun-24 how we address eo le at meetin s g p p g PLACEHOLDER -�pprc�v� _ _ . � lJ d�t��tc��I�c�hc�l Pc�li� 24 Jun-24 � Follow up to our May 13th meeting. p Y 'PLACEHOLDER - '��rd ��r�r�itt��A �ir�tr��r�t- as a member to the Fund for pp 8-Ju1-24 0 0 Lexington Board representing the Trustees of Fur�d f�r L��cir�gt�r� -Tru�t�� f 'F'ubli�c Tru�t� IVl�r�b�r the Public Trusts This would be a discussion whether the Board believes there is value to holding a summit with Sustainable Lexington, the Sustainability Di��u��i�r� �r� p�t�r�ti�l �ur�r�r�r�it and Resilience Officer, Historic Districts c�r� �u�t�ir��bl� Effc�rt� �r�d 8-Ju1-24 15 1 Commission, Historical Commission (AC/CEC?)and perhaps creating an Ad Hoc Hi�tc�ri� Pr��rv�tic�r� Working Group to address any bylaw issues that could provide consideration of sustainability efforts in regard to historic preservation. 'PLACEHOLDER - �r� 1IV�rtr��r�r� I C1 ilVl I'"1 I � r 8-Ju1-24 1 9v�nn t� 12 r��r� �� t �� ct �� d PLACEHOLDER - ��rt�w�I - H��rir�g 8-J u I-24 10 2 -�pprc�v� �c�rr��t ��r��w�l �c�r�tr��t '�I��tl� ��ttl� �1°'��'"IIbItI�Cl 'C�i i r�/�/ 8-Ju1-24 10 3 This is �f�ll�vu up ��cu�� t� 8-J u I-24 �� I �,ui M�� ..........„ ��", ..... �� N � � �' fl �� I� � ��u � {II I � �I� �1' �� / � �d+r ��p �� . I ' �o � �,��p� � .. �,�. ��"� ��„�� `�'�� ` ��'r��-�""a,� i w VY d+;p IhJ � �� P�,",��W4n.u�IV�..u.H. � • Town o L exzn ton g Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: June 14, 2024 RE: Weekly Update The following is an update of activities for the week ending June 14, 2024: Town Mana�er Updates: • Two new trees were planted in Emery Park this week as per previous discussions with the Select Board. ;�,,, ,,,, ,„ , , ,,,, � �, ��ioi �„� � ,f�� i�,�,>>i� , ; ,,,i//////,///�%%%� ///, � I U �»��/%/» �/,////////////////////,%, / J) II II)I��JJ)� J��1�/ � ,��;. ,,� �� /�i,�% % ,�� JJ � ,,��JJ��,, ,�//,,,,,. � � , ,,, /,,, /� , %,!,,,, ,, /, ��/,""'i %�,,,,:;, / �� , i/iii,„y�,,,, / � z, "'' � �� i /// / % , i / � � , W ' e t�,,( ��,,,i � i �/ , //. � ��r,%.. ,/ %%/ � /%/. �� i, �. �%iiii iii i / /i //� / � / � i i i,,, � / � ///,;,,,,,,, � �, � ,_„ ,,,�iiiiiiii ' , i � � � , . � . / ,/; �,,,,,,,,,,,,,,v,� � _� � �_ i _ � � � _ �� __ , � , � _ ii �, � � _ ;; %%//,//�i� , ,, � i %_ � ,, � ,, //%// „ : „ , // ,. , �� %/ „i,/,,, ,,,,,, � „ , ��iiii�� i�� ,, �i //�;, ,!�� ; � �� iii „ ��,,, �%%�� ,, : � ,,,,,,,,,, ; ; :,, ,; ; �; �., ,�� /////,,,//.,,,�. ,,, ,......:.......................... ///%%%///o��„ w i, �ii,.............��; , � ��o��„%///////%// �%/iii, �� , 1�r��! // , iy� %///%%/////////,/,,,,,%o�/ „/j�i �i��i�/%///,///////G/G%�' r �'�, � /��,�, !'�ii�ii�i��';,,,;;��ii,,,, � �� ,-, '°``;r � , i��, ,,, ,'� , ,%/��i i � w I � �i/� ��' ' , ' � .� �„ , � ��., �� -�� Y� +II � �� , ��, V U �� ` , � lo ��, ��II�i1�iNui��I�1111 �I�"p��I� - � ' ' � � i' � � ; �I I �' , � < ��, �, � � i °^�m �,' '; „h",�� li��; ° i � ; r � �: , �� , � � ' � ��'�d /f , ' e ' I , .. .,�, �i ww ��m 1 I� // ;r� � �1/'///////////�, r�1 � q ,au�M�� m � i iw � � F �p „ ' �° �� f � � ; ��. �, ;�)'� 1� „,,�,,�,�,1�� t i� „� � , � � Y � � � �c i i % / j /r o ��ar;� / ,; ; i i i i , i ' , 1rr/,�% i r„��1/��r�� i��r r�� ' ��G 1`�/��/�'�111�� i ��'�''t��»>�� 1� �,,J,,,��f,,f��l�� t ; , �1�;,,�' „� ; �i� � � � ,� J,��%;��:��%�.J r��J,�( ,al� ��J J��il)�YIl'�`��`�� ,f�r J%��'%�i%�%��f�,,,�1� �� I��ll�� fl%�h��f��ri�iii;��%f��11�� f��,��r��,� ,,,��ie � ,% ; 1 �f y�,�,r�)/l��f'I/l��'''1��,��f<<f y�`�f«f�l� , �%�� i ,,' � �1�� i ,1 ,� i %,�°iio�'��%'�i��'��i��Jl��f�l f�'�' ��r�� f� � rr� �n� i� � i � F �Il� j�� i r, f�d 1 l��dl�y i �1� , , j��',��,��;�l��!��%i�� l/��l f�� 11 � T ii'iiiil��(�!/i rr, � //ii y�� "� 1 J/r� �,9� 1 ?�1� � ,�, � �l�Yl� �� ,� �%�i1�� /��'��rf��/�%i//i�� J�.�if�� ;�''f��m�;�f� l�� %�� i�� I� ��1 ��,1„,f,l��i��ri��1i��J,��'%�b��'�f�r/i�1t,,' il��"��'�% • Attached please find the agenda tracker for upcoming Select Board meetings. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 AHT Request for Executive Session to Discuss 'E�c�r�pti�r� 6: T� ��r��id�r th��/�lu� . Land Disposition Agreement; Carol Kowalski '�f��I F'r�p�rty - F'�r�c�l 6�-44 17-Jun-24 15 0 indicated the AHT needed to meet with the SB in 'L��c�t�d �r� L�w�l l �tr��t execustive session on the Land Disposition Agreement (LDA)for Lowell Street �pprc�v� ��ttl� �r��r� P�rrr�it - The Semiquincentennial Commission will be ��r�i uir��r�t�r�r�i�l ��r�r�i��i�r� hosting Parker's Prelude Community Festival on q ; 17-Jun-24 0 0 the Battle Green 7/13 (road closure needed on (L�x250) � �c��d �Ic��ur� ��qu��t c�r� Massachusetts Avenue from Bedford Street to �� Harrin ton Road g ) Approv� �n�-�►�y Liquor Li��ns� - , Vi/ilson F�rm, In�. 17-Jur�-24 a a \/VVils�r� F�rnn, Ir��v s �ir�r��r ir� th� Fi�lds 6/27 1. Kerry Brandin resigning from the Tourism Committee effective immediately. TCO and Chair notified on 6/5 (resignation letter stored in ��pt��I��t ��rd ��r�r�itt�� COMMITTEES ->APPOINTMENT PROCESS -> ��i r��tic�r�� 17-Jun-24 0 0 2024 Letters -> 2024 Resi nation Letters). --add g g to recruitment; 2. Sue Benson resigning from Council for Arts effectively immediately Per request from Elaine Tung to have this first on C�i��cu�� FP� F�r P��r�c�l 6�-44 17-Jun-24 20 1 the A enda because she has to be in Boston that L��c�t�d �r� L�w�II �tr��t g night for Celtics Complete Application recieved on May 14th from H��rir�g - P��k�g��tc�r� Liquc�r . iLi��r�� Tr�r��f�r- �i�w�� Er�t�r ri�� ; 17-Jun-24 10 2 B�swas Enterprise to transfer from Arts p Specialties- Legal ad will publish in the May 30, Ir�� 1666 I�I��hu��tt��v� lJr�it H 2O24 Minuteman Newspaper, �ELE�T �+��4�C�1IV+��K�E��I+�IV - This is a discussion to reviews designs and determine whether this parking lot should C�i��cu��i�r� �r� IVluzz�y P��rkir�g L�t 17-Jun-24 �a � continue to have meters and Pa b Phone or onl 'C��igr� y y Y PaybyPhone �ELE�T ��D VV��K�E��I�N - �rr��ll �u�ir�� T�x Ex�rr� tic�r� 17-Jun-24 10 4 p , , , , , , , , �igrr� �t Lin+ca�lr� Field �r�c�/�►r�C�n�+�r 'vir�yl, ��rp�r�t� sp�r�s�rship b�r�r��rs�t Lir��lr� Tr��l� Fi�ld -l�+�xin t�►r� Hi h ,�ch�►c�l 17-Jur�-24 5 5 ''Fi�ld #2 �r�d/�r��r�t�r Tr��{� Fi�ld b th� � � Y �irl� :�o��c�r��►�t�r� 'L�xir�gt�r� High ��h��l �irls ��r��st�rs f�r 'th� purp�s��f fur�dr�isir�gv - �FFI�IAL '�E(�IJE�T �l�T �E�Eli1E� F��I� LH� (�I�L� '��E� CAC date confirmed with LexMedia, Presentation L�xl�l�di� � �r�tic�r�� c�rt 17-Jun-24 due date 6/12 p p � Update that Policy Committee is working on i r i u i i 17-Jun-24 ro osed schedule for article submissions �111°1�IIC1� �I��U��I�Cl p p There has been confusion in the past on whether staff should present proposals to the Select Board �ELE�T ��D VV��K�E��I�N - first or to other Boards/Committees/Public first. Publi� Prc�� fc�r�t�ff Prc�pc��l� 17-Jun-24 10 � This discussion will be to seek agreement on a Di��u��ic�r� single process to ensure consistency and standardization for processes to ensure there is internal and external engagement Town Counsel has recommended the Select Board formally accept the deed of gift and that it A�c�c�pt C��d �f�ift- L��c��H�r 17-Jun-24 � g be laced on ermanent file with the Town Clerk p p as an attachment to the meeting minutes. �ELE�T ��D VV��K�E��I�N - LH Pr � � Di i r� 17-Jun-24 20 10 Per request from Joe Pato � c�,��t c��t� ��u�� c� PLACEHOLDER - �o�rd �ommitt��A ointm�nt �J� � ��rr�rr�i�t�� fr�rr� r�vi�u� r��rui�rr��n� pp ( � � Annual June reappointments: Keeper of the 'Appr�v��I��ct ��rd ��r�r�itt�� Lockup; Executive Clerk; TCC; TCC '�� ir�tr��r�t� 24-Jun-24 a a Subcommittee; Affordable Housin Trust; MAGIC pp g (expire 6/30) Fr�r� El�in� Tung: F�ur�u�n��h� ��rr��f�h� L�xing��n Aff�rd�bl� H�u�ing Tru��, �ru��°��rr�� xpir� �n April 30 �f��h y��r��vv�ll ��h� nur�b�r�f��rr�� b�ing lir�i��d (Arti�l�V, ��ti�n �.� I b�li�v� �h��h� T�vvn vv�b�i�� h��h�y�xpir��n Jun� 30. PLACEHOLDER -�c�rr��t T�rr� Er�dir�g D�t�fc�r�ffc�rd�bl� Hc�u�ir�g In �ny�v�n�, I vv�� nly�pp�in��d f�r� �n�y��r iTru�t I�I�rrib�r� tc�� ril 30th � 24-Jun-24 0 0 ��rrr� �� und�r�h� Tru�� rr� ��rrr� ��hni��ll p Y Y , 24-Jun-24 Th� T�vvn �ppr�v�d � H�r�� Rul� F��i�i�n �� rr��dify�h� ��u� �f L�xH�b �� T�vvn �pprc�v��rr��r�drr��r�t�tc� H3775 ��r�r�i�t��. Th� L�gi�l��ur� h�� r��d� ��v�r�l r� �rdir� L�xH�b 24-Jun-24 10 1 �� bill, vvhi�h r� uir�� h� ��I��t g g g q ��rd°� �prp�v�l b�f�r� �h� I�gi�l��ur�vvill r��v� �h i�f�rvv�rd. iPr��r�t Pl�r� �f��ti�r� �r�d Tir�°��lir�� ; IVl�rk, H�r��li, ��n�, �hri��in�, ��ph�ni� pr��n� fc�r�rr��r�dir�g th� L�xir�gtc�r� Hurr��r� ; 24-Jun-24 10 2 �h� I�n �f��ti�n �nd �ir��lin�f�r u d��in �h� �ight� �c�rr�rr�itt�� h�rg��r�d � � g i��r�r�ur�it ��r�v�r��ti�r� Pl�r� LHR� �h�rg� Y / / , 24-Jun-24 ; , 24-J u n-24 . i i . i i PLACEHOLDER - - �J� � on�e meetin d�te i� �et, �BO offi�e will follow u Ab�t�m�nt App��l -24 C��kl�nd �t. g p for reque�t m�teri�l for p�cket Follow-up to the 6/3/2024 Meeting regarding how Di��u�� DEI ��I��t �c��rd �h�r�g�� 24-Jun-24 10 � We address eo le at meetin s p p g PLACEHOLDER - _ _ . � 't�Al�c�h�l F'�li�c 24 Jun-24 Follow up to our May 13th meetmg. Y 24-J u n-24 'PLACEHOLDER - '�4ppr�v� ��r�r�itt�� IVl��tir�g 24-Jur�-24 15 9 Follow up from 12/18/2023 meeting '��r�du�ct IV�rrr� F'�li�cy iPLACEHOLDER -Jc�r� VVc�rtrrt�r�r� ��i�r� with ��I��t ��rd 8-Ju1-24 1�0 -1 9:�r� �� 12 n��n 'PLACEHOLDER -�4ppr�v� ��I��ct '��rd ��r�r�itt��A �ir�tr��r�t- as a member to the Fund for pp 8-Ju1-24 0 0 Lexington Board representing the Trustees of the Fur�d f�r L��cir�gt�r� -Tru�t�� f Public Trusts 'F'ubli�c Tru�t� IVI�rr�b�r The developer providing us an easement which was agreed on during the Planning Board F�irl�r�d Pur�p �t�tic�r� E��r��r�t approval process. The easement provides the �� 8-Ju1-24 � 1 town a arcel of land to install a water booster p p station to improve water pressures in that area if we determine it is the most appropriate solution. 'PLACEHOLDER -��r�t�c��t ��r��w�l '- H��rir�g 8-Ju1-24 10 2 '-�4ppr�v� ��r��c��t ��r��w�l '��r�tr��ct iPl��ti� ��ttl� Pr�hibiti�r� Di i r�/V 8-Ju1-24 10 3 Thi� i� �f�ll�vv up ��u�� t� 8-J u I-24 This would be a discussion whether the Board believes there is value to holding a summit with Sustainable Lexington, the Sustainability and Di��u��i�r� �r� p�t�r�ti�l �ur�r�it�r� Resilience Officer, Historic Districts Commission, �u�t�ir��bl� Effc�rt� �r�d Hi�tc�ri� 8-Ju1-24 15 5 Historical Commission (AC/CEC?) and perhaps Pr��rv�tic�r� creating an Ad Hoc Working Group to address any bylaw issues that could provide consideration of sustainability efforts in regard to historic preservation. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Le�ngton Housing Assistance Board (Le�IAB) Property Acceptance - 31 Fletcher Ave, Unit 14 PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.1 S UMMARY: Category:Decision-Making This is the vote provided by Town C ouns el nec es s ary for the Town, through LexHab to acquire this prop erty on Fletcher Avenue which the Select Board previously discussed in executive session. SUGGESTED MOTION: Mo ve that advertis ing und er G eneral L aws C hap ter 3 0 B fo r the ac quis itio n o f that c ertain land and the improvements corrlmonly known as 31 F letcher Avenue, Unit 14, Lexington, Middlesex County, Massachusetts (the"Property")by Lexington Housing Assistance Board, Inc. ("LexHAB")will not benefit the gover�lmental body's interest due to the unique qualities of the Property. Specifically, the Property is to be donated to Le�IAB to be used for affordable housing purposes. And further, to approve the acquisition of the Property by LexHAB, subject to a restriction to be recorded with the Middlesex South District Registry of Deeds, restricting the use of the Property for affordable housing purpo s es in p erp etuity. FOLLOW UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��.��;��w��:��:�� :��;��i�� RECORD VOTE OF THE TOWN OF LEXINGTON SELECT BOARD June 24, 2024 At a duly called public meeting of the Select Board of the Town of Lexington on June 24, 2024, the Board voted as follows: That advertising under General Laws Chapter 30B for the acquisition of that certain land and the improvements commonly known as 31 Fletcher Avenue, Unit 14, Lexington, Middlesex County, Massachusetts (the "Property") by Lexington I�ousing Assistance Board, Inc. ("LexI�AB") will not benefit the governmental body's interest due to the unique qualities of the Property. Specifically, the Property is to be donated to LexI�AB to be used for affordable housing purposes. To approve the acquisition of the Property by LexI�AB, subj ect to a restriction to be recorded with the Middlesex South District Registry of Deeds, restricting the use of the Property for affordable housing purposes in perpetuity. TO��N OF LEXINGTON SELECT BOARD Douglas M. Lucente, Chair Jill I. I�ai,Vice Chair Suzanne E. Barry, Member Joseph N. Pato, Member Mark D. Sandeen, Member AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Affordable Housing Trust PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.2 S UMMARY: Category:Decision Making At their meeting o n F eb ruary 26, 2023, the S elec t B o ard mad e the initial ap p o intments to the Affo rd ab le Housing Trust with June being the term ending month: - Elaine Tung June 30, 2024 - Mark S andeen June 30, 2024 - William Erickson June 30, 2025 - Linda Prosnitz June 30, 2025 - Tiffany P ayne June 30, 2025 In the Affordable Housing Trust Recorded Declaration ARTICLE V APPOINTMENT AND TENURE O F T RUS T EE S-B, the term ending month is stated as April. T he B o ard is b eing as ked fo r the the fo llo wing ac tio ns at this meeting: • Up d ate Term End ing Mo nth/d ay to b e Ap ril 3 0 o f Exp iratio n Year fo r the fo llo wing memb ers - William Erickson April 30, 2025 - Linda Pro snitz April 30, 2025 - Tiffany P ayne April 30, 2025 • R eap p o int the fo llo wing memb ers to a new two year term to exp ire o n Ap ril 3 0, 2 02 6 - Elaine Tung - Mark S andeen SUGGESTED MOTION: to update term end date to be April 30, 2025 for the following Affordable Housing Trust Members: William Erickson, Linda P rosnitz and Tiffany P ayne. to appoint Elaine Tung and Mark S andeen to the Affordable Housing Trust to a two year term to expire on April 30, 2026. Move to approve the consent. FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Select Board Meeting Minutes PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.3 S UMMARY: Category:Decision-Making T he S elec t B o ard is b eing as ked to ap p ro ve the fo llo wing s et o f minute s: • May 20, 2024 S elect Board • May 22, 2024 F inanc ial S ummit • June 3, 2024 S elect Board SUGGESTED MOTION: To approve and release the following minutes: May 20, 2024 Select Board; May 22, 2024 Financial Summit and the June 3, 2024 S elect Board. Move to approve the consent. FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��.��"��;��:�:��:�.��.��i.�� :��;��i�� .��"��=��.��;��i��.��i.�� :��;��i�� .��"��`��;��:�:��:�.��.��i.�� :��;��i�� SELECT BOARD MEETING May 20, 2024 A meeting of the Lexington Select Board was called to order at 6:31p.m. on Monday, May 20, 2024,via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato,Ms. Hai, and Mr. Sandeen,were present, as well as Mr. Malloy, Town Manager; Ms.Axtell, Deputy Town Manager and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Sarela Bliman-Cohen, 17 Dane Road, stated that,during last week's School Building Committee meeting, there were a few options selected for the High School project. Only one was an add on renovation option, but this option does not save useful portions of the school that would lead to cost savings. It does not align with the spirit of the MSBA requirements to provide a plan which gives taxpayers a cost-effective alternative to a new school. This Town is all about sustainability,yet the option of preserving parts of the school for aesthetic, cultural, and historic values was not considered. Despite requests from local architects and builders to meet with SMMA and provide an alternative,this has not happened. Consideration of a more sustainable option would allow for improving the school and providing a lower cost option, If the only option offered is a new school,the Town risks j eopardizing the entire building proj ect. One of the issues faced is that communication is lacking. She requested that a member of the Select Board attend meetings, such as the abutters meetings, in the future. Dawn McKenna, 9 Hancock Street, expressed concerns regarding multiple aspects of the work done in front of her house at the Hancock Street rotary. Despite all the lighting and other safety items that she was told would protect things,while also lighting up her property very brightly,there was a single car accident on Saturday evening, along with a lot of traffic while trying to remove the vehicle from the scene. She asked what criteria will be used to evaluate the effectiveness of this area into the future. This continues to make a negative impact for her household. Aviram Cohen, 17 Dane Road, stated that he submitted a pdi to the Board. The huge investment of the High School deserves a thorough return on investment(ROI)analysis. Residents should be aware of this ROI, and he would be happy to help the Town create the criteria for it. Kenneth Reilly, 17 Reeves Road,Bedford,MA, stated that he owns a business in Lexington at 240 Bedford Street. He stated that he lost his son during an event in Lexington and asked for the Board for help with support for a medical civil rights bill for those with mental illness. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai explained that, at the January 8th meeting this year,the Board approved a letter to the State House delegation in support of the Governor's local option real estate transfer fee. The Housing Partnership Board requested the Board to send another message, nudging action and reminding the Statehouse that they only have until the end of the session, and it is hoped that this item would happen this year. She asked that this be placed on the Board's Consent Agenda for the next meeting. The Board agreed. Mr. Pato stated that the School Building Committee met again this afternoon and discussed a high-level review of the feedback through the online outreach program. That program had over 1,000 participants, 850 comments, and over 36,000 ratings of those comments. The responses were considered to be relatively good. The meeting today reviewed the recommendations in the context of those comments and proceeded to approve the preliminary design program to be submitted to the MSBA. This includes five potential design directions that were based on the massing studies. Additionally, the Committee discussed a response to questions arising from the community regarding Central Administration in the design of the High School, and a response from the architects regarding the community proposals suggested as alternatives to the various design proposals. The Committee will meet again this week for a financial summit to discus s the orders o f magnitude co st e stimate s. Mr. Pato explained that the Board has a number of policies and guidelines that call for actions to be taken by the Board which are largely procedural. One of the challenges with the way these guidelines are written is that they can be very time sensitive, and if there is not an opportunity for a Board meeting,the Board may miss the occasion. He asked that the Policy Committee review those policies and provide alternatives for the process, especially regarding delegating certain decision-making items. Mr. Lucente stated that, on Saturday,Lexseeher hosted a dedication ceremony where they officially transfer the ownership of the monument to the Town through a formal deed. They also presented the Town with a$10,000 check to ensure that future maintenance of the monument will be taken up by the Town. It is important to highlight that this entire proj ect was fully funded by donations and grants,with no Town funds utilized. Mr. Sandeen expressed amazement of the unveiling of the monument and thanked all those that helped make it possible.Mr. Sandeen reflected that at the unveiling of the monument he saw two people standing arm in arm in the portal holding hands with women from Lexington's past and looking forward through to portal to envision what amazing things Lexington's women will be doing in the future and thanked all those that helped make it possible. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy confirmed that the Board was okay with him submitting a paint stewardship lobbying letter to the legislature. He noted that DPW Employee Appreciation Day is tomorrow. He also noted that the Town received a grant for$15,000 for the purchase of two EVs,and, on Wednesday,the Board will tour the new Police Station. DOCUMENTS: Weekly Update OS-10-24; OS-17-24 CONSENT AGENDA The Boa�d voted�tem #14 f�om the Consent Agenda sepa�ately, with M�. Lucente�ecused. 1. Approve and Sign Proclamations • ALS Awareness Month • Pride Month • Sal Frelick Day in Lexington To approve and sign a proclamation recognizing the month of May 2024 as ALS Awareness Month. To approve and sign a proclamation recognizing the month of June annually as Pride Month. To approve and sign a proclamation recognizing Salvatore Michael Frelick and naming Friday, May 24, 2024 as Sal Frelick Day in Lexington. DOCUMENTS: 2024ALSAwareness Month Proclamation, 2024 Pride Month Proclamation, 2024 Sal Frelick Day in Lexington Proclamation 2. Application: One-Day Liquor License—Lexington Lyceum Advocates, 73 5 Massachusetts Avenue • International Fun Fest To approve a One-Day Liquor License for Lexington Lyceum Advocates for the purpose of serving beer on the lawn behind the Ellen Stone Building, 735 Massachusetts Avenue for International Fun Fest on Saturday,June 15, 2024 from 4:OOpm to B:OOpm. DOCUMENTS: 2024 Lexington LyceumAdvocates International Fun Fest Location Map, 2024 Lexington LyceumAdvicoates International Fun Fest Procedures for Serving Alcohol 3. Application: One-Day Liquor License—Lexington Retailers Association,Emery Park, 0 Massachusetts Avenue • 2024 Lexington Discovery Beer Garden To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving beer and wine in a beer garden within a cordoned off area in Emery Park(the Lexpress bus stop), 0 Massachusetts Avenue during Lexington Discovery Day on Saturday,May 25,2024 from 11:30am to 3:3 Opm. DOCUMENTS: 2024 Lexington Discovery Day Beer Garden Location Map,2024 Discovery Day Beer Garden Procedures for Serving Alcohol 4. Application: Entertainment License—Lexington Local Food Collaborative d/b/a Lexington Farmers'Market,Worthen Road Practice Field,251 Waltham Street • 2024 Lexington Farmers'Market To approve an Entertainment License for Lexington Local Food Collaborative d/b/a Lexington Farmers' Market for the purpose of providing recorded music and live performances for patrons of the 2024 Lexington Farmers'Market to take place every Tuesday from May 28, 2024 through October 29, 2024 at the Worthen Road Practice Field from 2:OOpm to 6:30pm. DOCUMENTS: 2024 Lexington Farmers'Market Overview of Request for Entertainment License 5. Application: Battle Green Permit—Dean Chang,Battle Green, 0 Massachusetts Avenue • Navy Promotion Ceremony To approve the request of Dean Chang to use the Battle Green on Saturday,June 8, 2024 from 11:OOam to 12:OOpm for the purpose of conducting a Navy Promotion Ceremony near the Minuteman Statue. DOCUMENTS: Diagram of Event-Navy Promotion Ceremony Location 6. Application: License by a Farmer Winery to Sell at Farmer's Market- Stormalong Cider, Worthen Road Practice Field, 251 Waltham Street • 2024 Lexington Farmers'Market To approve and sign a Special License for Stormalong Cider LLC to sell hard cider at the Lexington Farmers'Market from May 28, 2024 through October 29, 2024 for off-premise consumption. DOCUMENTS: Special License Application 7. Approve Select Board Committee Appointment Monuments and Memorials Committee-Mirela Vaso To appoint Mirela Vaso to the Monuments and Memorials Committee to fill an unexpired three-year term set to expire on September 30, 2026. DOCUMENTS: 2024 Monuments and Memorials Committee Application-M. Vaso 8. Approve Select Board Committee Reappointment • Lexington Housing Assistance Board(LexHAB) -Tara Mizrahi To reappoint Tara Mizrahi to the Lexington Housing Assistance Board(LexHAB)for a three-year term set to expire on May 31, 2027. 9. Approve Select Board Committee Resignation • Lexington Bicycle Advisory Committee-Matthias Beebe To accept the resignation of Matthias Beebe from the Lexington Bicycle Advisory Committee effective immediately. DOCUMENTS: Resignation Letter-M. Beebe 10. Approve Town Manager Committee Reappointments • Board of Health-Dr. David Geller • Commission on Disability-Julie Ann Miller • Council on Aging-John Zhao • Recreation Committee-Carl Fantasia To confirm the Town Manager's reappointments of Dr.David Geller to the Board of Health with a term set to expire on April 30,2027;Julie Ann Miller to the Commission on Disability with a term set to expire on October 30,2026;John Zhao to the Council on Aging with a term set to expire on May 31, 2027 and Carl Fantasia to the Recreation Committee with a term set to expire on May 31,2027. DOCUMENTS: Carl Fantasia—Recreation,Dr. David Geller—BOH, Julie Ann Miller,John Zhao 11. Approve Select Board Meeting Minutes To approve and release the following minutes: • April 1, 2024 Select Board • April 24, 2024 Select Board • April 29, 2024 Select Board/Executive Recruitment Firm Interviews • April 29, 2024 Select Board DOCUMENTS: DRAFT 04012024 Select Board Minutes, DRAFT 04242024 Select Board minutes, DRAFT 04292024 Select Board minutes -Executive Recruitment Firm interviews, DRAFT 04292024 Select Board Minutes 12. Approve and Sign Water and Sewer Finals To approve and sign the attached Water and Sewer Finals for March 2024 and April 2024. DOCUMENTS: March&April 2024 W/S Finals 13. Application: Battle Green Permit-Town Celebrations Committee,Battle Green, 0 Massachusetts Avenue • Placement of Flags at Battle Green Plaques&Wreath Laying at Obelisk for Memorial Day • Road Closure for Memorial Day Walk on Massachusetts Avenue • Road Closure for Memorial Day Ceremonies in Depot Square To approve the request of the Town Celebrations Committee to place small flags at the memorial plaques around the Battle Green on the morning of Friday,May 24, 2024 and to be removed on the morning of Tuesday, May 28, 2024. To approve the request of the Town Celebrations Committee to use the Battle Green for the purpose of a wreath laying ceremony at the obelisk on Monday,May 27, 2024 at approximately 8:15am. To approve the Town Celebrations Committee request for road closures on Massachusetts Avenue and Depot Square as described in the attached letter dated May 1,2024 to all but emergency traffic for the Memorial Walk and the Memorial Day Ceremony taking place in Emery Park on Monday,May 27, 2024 from 9:30am to 12:OOpm, and subject to working out all of the details with the Lexington Police Department,Lexington Fire Department,Department of Public Works, and Town Manager's Office. DOCUMENTS: Town Celebrations Committee Battle Green Use&Road Closure Request-2024 Memorial Day Walk&Ceremonies VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the Consent Agenda items#1-13. 14. Approve Lexington Lions Club Request-68th Annual Fourth of July Carnival M�. Lucente�ecused himself f�om this item. To approve the request of the Lexington Lions Club to hold the 68th Annual Fourth of July Carnival at Hastings Park from Wednesday, July 3, 2024 through Sunday, July 7, 2024 with the times as requested in the Lexington Lions Club letter dated May 1, 2024. To approve the request of the Lexington Lions Club to use lighting as necessary until 11:30pm from Monday,July 1, 2024 through Sunday,July 7, 2024. To approve a fireworks display on Friday, July 5, 2024 at approximately 9:30pm subject to approval of the fireworks vendor, Pyrotechnico, and necessary safety precautions as required by the Fire Department. DOCUMENTS: 2024 Lexington Lions Club Request Letter- 68th Annual Fourth of July Carnival VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the Consent Agenda item#14. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Liquor License Amendments-Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55 Massachusetts Avenue • Change of Officers • Change of Stock • Pledge of Collateral • Change of Manager M�. Lucente opened the hea�ing at 6:59pm. Elizabeth Lashway,Lashway Law,LLC, explained that four applications have been submitted. Three of the four applications are corrective. The last transfer of stock that was approved by the local board and the ABCC occurred in October 1972 whereby Myer Berman and Edward Berman each had 50 shares of stock, and Edward transferred his 50 shares to Joel Berman,resulting in Joel and Myer each having 50 shares of stock. The following is a summary of the four applications,which are being filed together: CORRECTIVE APPLICATION#1. Transaction of 9/21/1994: Stock transfer from Myer Berman to Joel Berman of 1 share resulting in Myer having 49 shares and Joel having 51 shares. CORRECTIVE APPLICATION#2. Transaction of 11/7/1995: Myer Berman passed away on this date, and in his will,Myer Berman left his 49 shares to Joel Berman,resulting in Joel having all 100 shares. CORRECTIVE APPLICATION#3. Transaction of 1/1/2019: Joel Berman sold 5 of his 100 shares to Alex Bluhm,resulting in Joel having 95 shares and Alex having 5 shares. APPLICATION#4. Transaction of 4/2024: Joel Berman sells his remaining 95 shares to Alexander Bluhm,resulting in Alex having all 100 shares. Joel and Barbara Berman are removed from the license, and Alex becomes the sole officer/director, sole stockholder, and new licensed manager. Dawn McKenna, 9 Hancock Street, explained that Joel Berman was one of the original Chairmen of the Tourism Committee and very supportive of tourism in the Town,as was Alex Bluhm. She noted that the Town is well served by having him j oin the community. M�. Lucente closed the hea�ing at 7:04pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the four amendment applications from Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55 Massachusetts Avenue which include change of officers, change of stock,pledge of collateral and change of Manager; and further,upon approval by the ABCC of the four amendment applications, issue an updated Liquor license Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55 Massachusetts Avenue naming Alex Bluhm as Manager on Record. DOCUMENTS: CORRECTIVEAPPLICATION#1, CORRECTIVEAPPLICATION#2, CORRECTIVEAPPLICATION#3,APPLICATION#4 2. Liquor License Amendment-Expansion of Premise- Sfizi LLC d/b/a il Casale, 1727 Massachusetts Avenue Mr. Lucente explained that the Select Board Office has received all the necessary paperwork from Sfizi LLC d/b/a Il Casale for an Alteration of Premise to their Liquor License to add service of alcoholic beverages to the tables located on the public sidewalk in front of the restaurant. The license already includes the private area of outdoor dining, and the request is to now also include the tables located on public sidewalk in front of the restaurant. They have received an Outdoor Dining Permit from the Town Manager's Office for these tables on the public sidewalk. As of May 1, 2024, only Local Licensing Authority approval is required for the amendment to add outdoor alcoholic beverage table service areas to existing Liquor Licenses. The Local Licensing Authorities only need to provide notice to the ABCC of any outdoor table service alteration of premises they approve. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the Sfizi LLC d/b/a Il Casale's application for an Alteration of Premise of their All Alcohol Restaurant Liquor License at 1727 Massachusetts Avenue to now include outdoor alcoholic beverage service to the outdoor tables located on public sidewalk and issue an updated Liquor License reflecting this. DOCUMENTS: Alteration of Premise request,ABCCAdvisory Outdoor Table Service Alterantion of Premise 3. Grant of Location for Cambridge Network Solutions-4 Maguire Road M�. Lucente opened the hea�ing at 7:08pjn. Jeffrey Harrington, Cambridge Network Solutions, explained that the proposal is to install a new handhole, a new metal riser, and approximately 245' of underground communication conduit substantially as shown on the plan made by MTP Communications Inc, dated May 3,2024,under the following public way or ways of Lexington: • Maguire Road-From Utility Pole 399/10, install a 4in X lOft metal riser and trench approximately 1 OSft installing(1)4in PVC `CNS' Communications Conduit to newly proposed 17in X 3 Oin handhole#1 in the grass at 4 Maguire Road. From HH#1,trench approximately 140ft installing(1) 1.25in PVC `CNS' communications conduit to building point of entry at private property 4 Maguire Road. This work is being requested for the telecommunication service to 4 Maguire Road. Engineering and Conservation Departments reviewed the request and have no obj ections to the petition.Abutters notices were mailed as required. M�. Lucente closed the hea�ing at 7:IOpm. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve a Grant of Location to Cambridge Network Solutions to install new handhole, a new metal riser construct, and a location for, such a line of conduits with the necessary wires and cables therein, said conduits to be located, substantially as shown on the plan made by MTP Communications Inc. Dated May 3, 2024, under the following public way of Lexington: Maguire Road-From Utility Pole 399/10, install a 4in X l Oft metal riser and trench approximately l OSft installing(1) 4in PVC `CNS' Communications Conduit to newly proposed 17in X 3 Oin handhole#1 in the grass at 4 Maguire Road. From HH#1, trench approximately 140ft installing(1) 1.25in PVC `CNS' communications conduit to building point of entry at private property 4 Maguire Road. DOCUMENTS: Grant of Location Petition, Project Plans 4. Presentation-Power Options on Fleet Electrification Roadmap Maggie Peard, Sustainability&Resiliency Officer, explained that the Department of Energy Resources has announced a second iteration of the Green Communities Program called the Climate Leaders Program. Any communities that are accepted into the program will have access to expanded funding for proj ects like building, decarbonization, and other sustainability proj ects. There are five requirements for acceptance into the program, many that the Town has already met. One is having a stated Net Zero goal. The second is passing the Specialized Code. The third is having a building decarbonization roadmap for municipal buildings. The fourth is having a fleet electrification roadmap for municipal fleet vehicles. Finally,the fifth is having an Electric First Policy for vehicle purchases. Power Options presented the Fleet Electrification Roadmap they prepared on behalf of the Town using Town fleet data. The roadmap outlines the costs and expected emission reductions associated with transitioning the municipal fleet to electric vehicles. It also provides recommended models for replacements, details about available incentives, and a proposed timeline for the transition. 133 vehicles were analyzed, and Lexington already has eight electric vehicles which were excluded from the analysis. If Lexington completes its fleet to zero emission vehicle plan,there will be an annual reduction of 530 metric tons of CO2 emissions and a 10-year total cost of ownership savings of$1.1 M through 203 3. To maintain Lexington's existing fleet,the annual cost of ownership is estimated at$1.6M. After converting to zero emissions,the costs are estimated to go down to $1.53M by 2030,reaping over$900,000 in savings annually. Mr. Sandeen asked when it will make sense for an annual update on this item to be presented to the Board.Ms. Peard stated that the late summer timeframe would make the most sense. There was discussion regarding the charging stations available at the Police Station and for the public. Mr. Lucente expressed concern regarding that 65%of the fleet transition is proposed to happen in the last year,2030. This seems a bit out of line with the purchasing plan that would likely be used to achieve this goaL Mr.Malloy stated that this is an aggressive plan to have so many vehicles transferred over by 2030. It was noted that the roadmap can be extended to a later date if the Board so decides. Ms. Hai noted that Sustainable Lexington will be reviewing this tomorrow evening. She noted that there is a specific Capital Plan that contains all vehicle acquisition timing. It may make sense to align this plan with the Capital Plan. Ms.Peard stated that the roadmap is based on the best information available at the moment and is a helpful tool to be used for comparisons. All purchases will be reviewed individually and assessed for when replacement makes the most sense. DOCUMENTS: Power Options Presentation 5. Discuss and Approve Modifications to Fleet Electrification Policy Ms. Peard explained that this is Fleet Electrification Policy is another requirement for the Climate Leaders Program. The Town already has a Fleet Electrification Policy in place,but, after a review by DOER, Staff recommends minor amendments to the Policy to ensure alignment with the Climate Leaders program requirements. The Board reviewed the proposed amendments. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the modifications to the Fleet Electrification Policy, as presented. DOCUMENTS: Fleet Electrification policy(redline) 6. Affordable Housing Trust Request to Review Timeline for Request for Proposal(RFP)Process for Parcel 68-44 Located on Lowell Street Mr. Lucente explained that the Board will review and discuss the proposed timeline for the Request for Proposal(RFP)process concerning Parcel 68-44 on Lowell Street. Elaine Tung, Chair of Affordable Housing Trust,reviewed the proposed timeline as presented by the Affordable Housing Trust(AHT). The purpose of the discussion is to align stakeholders on the timeline, including Staff and members of the(AHT), and to prioritize the goals for the proj ect. Ms. Tung explained that the AHT plans to have the RFP completed this week. The intention, once the RFP is finalized,would be to have the community to comment on it.A deadline for proposals is planned for August 22nd Ms. Tung explained that the deadline for a developer to apply for low-income housing tax credits is November 15th. There are other rounds that will occur later on. The hope is to give developers the chance to apply for this credit. Mr. Pato stated that the timeline seems correct to meet this deadline for application. He would like to see the scope of the RFP to make sure it conforms to what has been heard as key community concerns. Ms. Hai agreed that this could come back before the Board at the meeting on June 3rd to review the RFP scope. Mark Lang,2 Opi Circle, stated that this project has been rushed through since the get-go. There has been no time included to work with a developer/developers to make sure that the initial submittal is the right proj ect for this Town. Shortcuts continue to be taken in the process.Neighborhood input is not on the timeline for this process, and he would like to know how input will be given for this RFP. Mr. Lucente suggested allowing for written feedback from neighbors for this proj ect, along with allowing for additional public comment during the meetings on this topic. Mr. Lang stated that a public tool allowing for up/down votes of the 15 most important neighbors' opinions on this topic should not be weighted more heavily than 30,000 other residents who will not be directly impacted. DOCUMENTS: Affordable Housing Trust DRAFT RFP Process Timeline ADJOURN VOTE: LTpon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 8:30pm. A true record; Attest: Kristan Patenaude Recording Secretary Finance Summit-Lexington High School Building Proj ect Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee, School Building Committee and Recreation Committee May 22, 2024 The Finance Summit meeting was called to order by Select Board Chair poug Lucente at 7:02 p.m. on Wednesday, May 22, 2024 via hybrid meeting service in Estabrook Hall 1605 Massachusetts Avenue. Present for the Select Board(SB): Mr. Lucente, Chair; Ms. Barry; Ms. Hai; Mr. Pato; and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk Present for the School Committee(SC): Ms. Cuthbertson, Chair;Ms. Sawhney; Ms. Lenihan; Mr. Freeman Present for the Appropriation Committee(AC): Mr. Parker, Chair; Mr.Ahuja;Mr. Bartenstein;Mr. Levine, Clerk; Mr. Michelson; Mr. Osborne; Ms. Verma. Present for the Capital Expenditures Committee(CEC): Mr. Lamb, Chair;Mr. Kanter, Clerk;Ms. Rhodes,Vice Chair; Ms. Beebee; Mr. Cole. Present for the School Building Committee(BC): Ms. Lenihan, Chair; Mr. Cronin; Ms. Kosnoff; Mr. Malloy; Mr. Pato;Ms. Hackett;Mr. Himmel Present for the Recreation Committee(RC): Mr. DeAngelis, Chair;Mr. Boutwell,Vice Chair;Mr. Fantasia; Ms. O'Brien, Ms. Battite Also present: Ms.Kosnoff,Assistant Town Manager for Finance; Ms. Impink, Town Budget Officer; and Director of Public Facilities Mr. Cronin; Dr. Hackett, Superintendent of Schools; and Mr. Coelho, Assistant Superintendent for Finance and Operations. Public comments were not taken during the meeting. All boards and committees called their groups to order with a roll call of attendance. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Finance Summit-Lexington High School Building Proj ect • Update on Timeline and Work of the School Building Committee(SBC) Ms. Kosnoff explained that this proj ect in module three in the preliminary design phase.The Town has appropriated$11.825M so far toward feasibility and design of this project. The SBC has been working on a submission to the MSBA for options of preferred massing studies,which are conceptual only. The submission package includes an education plan, and various massing studies. The massing studies are not designs or finals in any form. The SBC narrowed the options to five, as a minimum of three needed to be submitted to MSBA. The studies needed to consider a renovation only, a renovation plus an addition, and a new construction. A renovation only option was not selected, as it does not meet the current educational program. The proj ect is now moving into the preferred schematic report phase. Mr. Cronin explained that a schematic design needs to be completed by next August for a vote and submission to MSBA. • Estimated Proj ect Cost and Financing Ms. Kosnoff explained that the total project costs for Scope A are just over$600M. As additional scopes are added into the proj ect,the total proj ect cost escalates. Proj ect Scope I, which includes all of the extras that have been discussed or proposed, has an estimated the price tag of$783M. The MSBA grant is assumed to be $l 00M for all of the scope options. If the total proj ect cost for Scope A is $600M, and there is a$100M grant from MSBA, the Town will need to finance $SOOM of the project. The estimated taxpayer impacts were depicted using a single-family home of inedian value. For FY24,the median single-family home in Lexington was assessed at$1,354,000. For that median household, the residential tax bill was $17,047. If the Town were to implement Scope A,the additional household costs to that bill this year,with else all being equal,would be $1,699. If Scope I was implemented, it would lead to a cost of$2,412, for household, or approximately a 14% increase in the current tax bill. Ms. Kosnoff stated that this proj ect will be debt financed. These bonds will be sold on the open market, with a competitive sale. The timing of issuance of these bonds will be staggered, aligned with the cash flow of the project. The bond will likely have a term of 30 years. Bond counsel and an investment advisory will review all documents. She discussed the two concepts of level principle versus level payment financing for this proj ect. • Future Capital Planning Ms. Kosnoff reviewed the potential future capital planning,the levy limit and debt capacity, and how these items fit with the High School proj ect. Mr. Kanter(CEC)asked if there could be multiple debt exclusions. Ms.Kosnoff noted that there could be,but MSBA will likely require one ballot question for this proj ect. For items identified as not part of the scope,there could likely be additional ballot questions. Mr. Levine(AC)stated that the numbers as shown make it evident that the policy that Staff proposed, regarding reserving money under a guideline from planned developments that come to Town Meeting in the Hartwell District and putting those monies into the Capital Stabilization Fund and reserving part of the tax levy for future use, is a smart thing to do. There was discussion regarding level payment versus level principal. Dr. Hackett noted that the Central Office building at 146 Maple Street was rated an F building with costs approximately$1 SM-$19M to renovate for construction costs only. The land at 146 Maple Street presents an opportunity to create new athletic fields for students and members of the community. One of the ways there can potentially be a Plan B for overcrowding is by including a Central Administration area in the new High School,which could be repurposed later. The approximately 17,000 s.f. of Central Office space in the building could become somewhere between 15-20 additional classroom spaces,if needed down the road. Mr. Osborne(AC) stated that it will be important when considering the long-term impacts and affordability from a capital standpoint to discuss the proj ections for the ability of the Town to take on more debt due to the expected increases in future tax revenue from new residential and commercial construction. Ms. Kosnoff discussed ways to mitigate the impact of this proj ect to taxpayers. She explained that, in 2022,the Town Manager proposed a fiscal guideline that could potentially be bended, if needed. It stated that revenue generated by new growth from commercial developments due to the Hartwell Ave rezoning or due to preliminary site development and use plans (PSDUPs), would be placed into the Capital Stabilization Fund, as opposed to letting it go into the operating budget. In subsequent years,that revenue would continue to flow into the Capital Stabilization Fund. The revenue being placed into the Capital Stabilization Fund can be redirected into the operating budget once the proj ect comes online, where it could be used to pay debt service.This strategy offers the ability to partly finance this proj ect within the tax levy. In addition,prior to the start of this proj ect,the Capital Stabilization fund has already accumulated approximately $32M. This gives some flexibility on how to further mitigate the impacts to taxpayers. By the time these proj ects start coming online, there will likely be more than$40M in the account. Ms. Kosnoff explained that the $40M could be used to pay down the first$40M of this proj ect and reduce the overall amount of debt required,thereby reducing the total interest cost of the bonds. Another option would be to use it to cap the annual growth of tax bills to a fixed percentage during the first few years. Another option would be to draw down the balance by an even amount each year. Finally, the Town could use the Capital Stabilization bonds to pay down the early years, save interest costs over the long run, and bring the taxpayer impact down. Ms. Kosnoff reviewed other general capital fund proj ects that the Town also has to consider. Mr. Lamb (CEC) suggested that the Capital Stabilization Fund could also be used to fund many of the other capital proj ects in order to get those debt exclusions out of the way and give a nice assurance to the taxpayer that there will be no debt exclusions for the next ten years. Mr. Pato(SB) stated that he prefers option 2, as presented,but with the consideration to look at the capital proj ects coming up to discuss potentially allocating some of the Capital Stabilization Funds for those. It was asked if there has been any factoring in of the progressive costs of keeping the existing building up and running and solving the space issues,if the new High School proj ect Warrant Article does not pass. Mr. Cronin stated that significant money will need to be put into that building,no matter what. Ms. Kosnoff noted that all of the taxpayer impacts discussed this evening are only for the proj ect and do not include any other increases for Proposition 21/2 or new growth for changes in property value. Also, it is intended that the Town's pension fund will be fully funded around the year 2030, after which additional tax revenue will become available for other needs. Mr. Sandeen(SB) stated that he also prefers option 2,but is intrigued by Mr.Lamb's suggested option 5. He would also like to consider other costs besides debt service including the total lifecycle cost of the new building,which will be a substantially larger building which could lead to changes in taxpayer burden down the line. DOCUMENTS: Lexington High School Building Proj ect-Finance Update,AppendixA,AppendixB, AppendixC ADJOURN Upon a motion duly made and seconded,the Select Board voted 5-0 by roll call to adjourn the meeting at 9:15p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee, School Building Committee, and Recreation Committee followed suit. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING June 3, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 3, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato,Ms. Barry, Ms. Hai, and Mr. Sandeen, were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase of Real Property 2. Exemption 4: To Discuss the Deployment of Security Personnel or Devices - Security Planning for Dignitary Visits for the 250th Anniversary of the Battle of Lexington Celebration 3. Exemption 6: To Consider the Value of Real Property—Parcel 68-44 Located on Lowell Street VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 at 6:33pm that the Board go into Executive Session under Exemption 6: To Consider the Purchase of Real Property; Exemption 4: To Discuss the Deployment of Security Personnel or Devices- Security Planning for Dignitary Visits for the 250th Anniversary of the Battle of Lexington Celebration and Exemption 6: To Consider the Value of Real Property-Parcel 68-44 Located on Lowell Street.Further,Mr. Lucente declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Select Board exited Executive Session at 7:33 pm, and reconvened to open session at 7:36pm PUBLIC COMMENTS Sarela Bliman-Cohen, 17 Dane Road,asked that the Town set a budget for the new High School proj ect. She asked the Board to instruct the School Building Committee to direct SMMA to come up with lower cost alternatives. She expressed concern regarding a lack of communication and transparency. There are many people in Town that are unaware of the High School proj ect and the cost. She proposed a town hall meeting quarterly. There is a design session scheduled on June 6th, and she requested that members of the Board attend. She stated that she approached Town committee members and asked to have a meeting with them but only a handful responded. She believes that there should be emails to access these people through. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports No additional comments at this time. DOCUMENTS: Select Board Announcements and Liaison Reports-June 3, 2024 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Malloy thanked Town Counsel regarding his work on a Town Meeting Article. He noted that the Town pool opened today. The pavement markings around the Battle Green streetscape were scheduled to be completed later this week but may get pushed to next week, due to the weather. DOCUMENTS: Weekly Update OS-24-24; OS-31-24 CONSENT AGENDA 1. Record Select Board Committee Liaison Assignments To record the Select Board Members committee liaison assignments as proposed to be effective July 1, 2024. DOCUMENTS: 2024 Select Board Committee Liaison Assignments 2. Accept Select Board Committee Resignations • Town Celebrations Committee - Steve Cole, Jr. • Fence Viewers -Julie Krakauer Moore To accept the resignation of Steve Cole,Jr. from the Town Celebrations Committee as a full member effective immediately. To accept the resignation of Julie Krakauer Moore from the Fence Viewers effective immediately. DOCUMENTS: Resignation Letter- S. Cole,Jr. 3. Approve Select Board Committee Appointment • Town Celebrations Subcommittee- Steve Cole,Jr. To appoint Steve Cole,Jr.to the Town Celebrations Subcommittee for a one-year term set to expire on June 30,2024. DOCUMENTS: 2024 Town Celebrations Subcommittee Application- S. Cole,Jr. 4. Approve Town Manager Committee Reappointment • Council on Aging-Dr. Jyotsna Kakullavarapu To confirm the Town Manager's reappointment of Dr.Jyotsna Kakullavarapu to the Council on Aging with a term set to expire on May 31,2027. DOCUMENTS: Application,Resume 5. Approve and Sign Comment Letter Regarding EEA No.16654,L.G. Hanscom Field North Airfield Development To approve and sign the attached letter regarding the proposed North Airfield Development at L.G. Hanscom Field. DOCUMENTS: Updated Proposed Letter to Legislators Regarding Hanscom North Airfield Expansion 6. Application: One-Day Liquor License—Dana Home Foundation,Lexington Community Center, 3 9 Marrett Road • 2024 Dana Home Foundation Awards Reception To approve a One-Day Liquor License for the Dana Home Foundation for the purpose of the 2024 Dana Home Foundation Awards Reception to be held in the Dining Room of the Lexington Community Center, 39 Marrett Road, on Wednesday,June 5, 2024 from 6:OOpm to B:OOpm. DOCUMENTS: 2024 Dana Home Foundation Event Layout, 2024 Dana Home Foundation Procedures for Serving Alcohol 7. Application: Battle Green Permit—William Diamond Junior Fife and Drum Corps, Battle Green, 0 Massachusetts Avenue • Fife and Drum Corps Jam Session To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Wednesday,August 7,2024 from 7:OOpm to B:OOpm for the purpose of a jam session with a Fife and Drum Corps from Plymouth,Michigan and the Middlesex County 4H juniors from Concord, Massachusetts. 8. Approve and Authorize Town Manager to Sign Inter-Municipal Agreement To approve the FY25 IMA Amendment between Lexington and RHSO as attached. DOCUMENTS: RHSO IMA Amendment FY25 9. Approve Select Board Meeting Minutes • May 6, 2024 Select Board • May 13, 2024 Select Board To approve the following set of minutes: • May 6, 2024 Select Board • May 13,2024 Select Board DOCUMENTS: DRAFT 05062024 Select Board minutes,DRAFT 05132024 Select Board minutes 10. Application: One-Day Liquor Licenses -Tapped Beer Truck, 35 Hartwell Avenue(4)Xenon Property LLC Company/Tenant Event To approve four One-Day Liquor Licenses for Tapped Beer Truck to serve beer and wine for the purpose of a Company/Tenant Event to be held in the rear parking lot of Xenon Property LLC, 3 5 Hartwell Avenue, from 3:OOpm to 5:OOpm on the following dates: • Thursday, June 6,2024 • Thursday, July 11,2024 • Thursday,August 8, 2024 • Thursday, September 12, 2024 DOCUMENTS: Tapped Beer Truck Event Location Map 11. Application: Entertainment License -Association of Black Citizens of Lexington d/b/a ABCL, 1875 Massachusetts Avenue • 4th Annual Quock Walker Day Community Celebration To approve an Entertainment License for the Association of Black Citizens of Lexington d/b/a ABCL for the purpose of providing live musical and dance performances as well as radio/recorded music for patrons of the 4th Annual Quock Walker Day Community Celebration to take place on Saturday,July 6, 2024 at the Visitors Center Lawn, 1875 Massachusetts Avenue, from 11:OOam to 3:OOpm. DOCUMENTS: ABCL's Quock Walker Day Community Celebration Event Map 12. Approve Fiscal Year 2025 Cost-Of-Living Adjustment(COLA) for Non-Represented Employees To approve the FY25 COLA for TNON staff at 2.0%. DOCUMENTS: FY25 TNON List VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Community Profile and Job Description for Town Manager Search Advertising Ms. Hai and Bob Mercier,Municipal Resources, Inc. (MRI),presented the proposed draft Town Manager recruitment materials. These will serve as the j ob posting and initial introduction materials for the Town Manager Recruitment. In addition to approving the substance,the Board is being asked to approve the return date of July 8, 2024. This would provide for approximately 30 days of advertising and recruiting. Ms. Hai noted that there will be public listening sessions on Wednesday June 12,2024 in the morning and evening. Mr. Mercier stated that he plans to advertise in the six New England Associations,the ICMA, and all of the minority groups noted by the Town. Mr. Sandeen asked that sustainability and affordable housing goals be better reflected in the document. VOTE: Upon a motion duly made and seconded,the Select Board voted 5-0 to approve Town Manager recruitment documents as presented(subj ect to revisions discussed by the Board)and with final approval by Ms. Hai, and to post the materials by June 6, 2024 through July 8, 2024. DOCUMENTS: Town Manager Recruitment Profile 2. Presentation- Single-Use Plastic Bottle Phase Out Policy&Discussion on Draft Policy The Board heard a presentation on the draft policy from students from LHS who have been working with Sustainable Lexington and Maggie Peard, Sustainability and Resilience Officer. This is a draft policy for the municipal side, and this will also be presented to the School Committee. Mr. Malloy stated that Saff believes the date to initiate a plan for each department should be modified from July 1 St to September 1 St,to provide the Senior Management Team an opportunity to develop a plan. The Board discussed adopting this as a Board policy at a future meeting. DOCUMENTS: Plastic Bottle Phase Out Presentation, Plastic Bottle Phase Out Policy 3. Zero Waste Survey Recommendations Maggie Peard, Sustainability&Resiliency Officer,reviewed some recommendations that have arisen from the Zero Waste Survey, including Pay As You Throw. There are a number of supports and financial assistances available through Mass DEP that the Town could consider pursuing to implement this type of program. The results of the test study have been brought both to the Sustainable Lexington Committee and the Waste Reduction Task Force. Both groups stated that they want to see a well thought out,phased plan of how to approach implementing some of these strategies. A short-term action item to consider would be the"free"phrase in the Town bylaws regarding waste collection, which became a problem implementing Pay As You Throw a couple of decades ago. Dave Pinsonneault,DPW Director, explained that the price keeps going up for disposal in the trash collection industry. Fewer companies are doing manual collection and most of them will want communities to be on an automated system. The State is looking to close additional landfill/transfer stations,which will then force items to be taken out of State, leading to higher disposal costs. The Town needs to consider how it will approach trash,recycling, food waste, etc. collection into the future. The Board could review the proposals under the FY27 budget. Mr. Sandeen expressed interest in the curbside composting recommendation. He suggested that moving forward with curbside composting first may make other recommendations more feasible in a phased approach. Ms. Barry stated that she would like to see larger community engagement in this conversation. Mr. Pinsonneault agreed that there will be community meetings and public input. Ms. Hai stated that she believes the Board should take the read of the community regarding the will to change the bylaws,which currently state that the Town will provide a suitable place or method for free public disposal for the inhabitants of the Town. Per a previous summary judgment on this topic, "free"in this context precludes direct charges to Lexington residents for rubbish collection.Mr. Pato noted that this judgment was from 20 years ago and the Board could consider if it wants to ask the community at this time if it would like to reconsider change. Mr. Lucente stated that,regarding Pay As You Throw,he would like to consider the diversity of what people can afford. This could be punitive against those that may have larger families or may have financial hardships. This concept sems in stark contrast to other policies and where the Town is headed. There are other proposed strategies that he is more comfortable with, such as curbside composting. Mr. Pato noted Mr. Lucente's concerns but stated that metered disposal actually does reduce the generation of trash in households. This could be coupled with considering some form of financial assistance for family size. Mr. Sandeen suggested that if more people start using the curbside composting, the Town may be able to start doing alternate week trash collection. This could have some significant benefits,both from an economic perspective, as well as from a trash reduction perspective. Mr. Pinsonneault agreed that many strategies could be used together to achieve the goals. Peter Kelley, 24 Forest Street, stated that he believes Pay As You Throw is a bad idea. It costs more time, more money, and a tremendous amount of aggravation. The Town's present trash collector is doing well, and he suggested moving toward dual streaming. One of the real problems in recycling is all of the material is being contaminated. He expressed an issue with Lexington talking so strongly about zero waste but also considering a multimillion-dollar high school proj ect. Lin Jensen,Town Meeting Member Precinct 8 and Sustainable Lexington Committee member, expressed support for Pay As You Throw and noted that exemptions could be made for certain residents. The Town has a Zero Waste resolution and plan that should be considered. Dawn McKenna, 9 Hancock Street, stated that she does not believe Pay As You Throw should be considered at this time. In other municipalities that exercise this, much of the trash ended up in municipal barrels. She stated that she also is concerned about every other week pickups. She stated that a lot can be done from an educational standpoint. Laura Swain, Town Meeting Member and President of Lexington Zero Waste Collaborative, stated that the Collaborative supports expanding the curbside composting program and switching to a Pay As You Throw program. There should be more visible options available as part of the program. She stated that she believes Pay As You Throw is a more equitable process, as there is currently a charge for trash pickup included in resident taxes. This means that a small family, low income or not, is paying for the trash disposal of a very large family, low income or not. Also, a low-income family who may be making fewer purchases is paying for the disposal of all the items that somebody has delivered to their house on a daily basis. Ricki Pappo, 16 Blossom Crest Road, stated that she saw a very visible change in the trash of people in her neighborhood when Pay As You Throw was previously utilized. Pay As You Throw was only difficult because the Town did not change the bylaw,but it was otherwise not a difficult process. This was a good way to change people's habits. Mr. Lucente stated that additional discussion on this topic would occur at a future meeting. DOCUMENTS: Tufts Zero Waste Presentation,Pay as you throw webinar presentation slides The Boa�d took a b�ief�ecess. 4. Presentation—Internal Equity Audit by Tangible Development Dr. Bree Becker,Tangible Development,presented maj or themes and highlights from the Town of Lexington DEI Assessment Report. The presentation is an opportunity to get a high-level view of the assessment findings and will be useful on its own, as well as serving as a guide to reading the full DEI Assessment Report. The delivery of the report with its recommendations marks an important milestone in the Town of Lexington's DEI j ourney. DOCUMENTS: Executive Summary-Tangible Development 5. Council on Aging Request for Authorization to Designate Lexington an AARP Age-Friendly Community Dana Bickelman, Director of Human Services, explained that the Council on Aging is seeking the Board's support for their application to AARP to have Lexington designated as an age-friendly community. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to support the application for Lexington to be designated as an age-friendly community by AARP. DOCUMENTS: AARP Letter from Town Manager,AARP Presentation 6. Review Recommended Amendments to Draft Council on Aging Charge The Board reviewed the proposed amendments to the Council on Aging charge and made suggested comments/edits. There was discussion regarding if any changes to this charge would or would not require Town Meeting approval. The Board agreed to have Town Counsel feedback. DOCUMENTS: COA Charge Changes Draft 7. Discuss 250th Anniversary of the Battle of Lexington Celebration Invitations to Lexington's Sister City Antony, France Ms. Barry explained that the Semiquincentennial Commission(Lex250)has requested that the Board discuss the possibility of inviting Lexington's Sister City,Antony,France to the 250th Anniversary of the Battle of Lexington Celebration in 2025 and consider the prospect of funding for the visit. There was consensus that an invitation letter should be sent to our sister city Antony,France. Ms. Ba��y�ecused he�self f�om agenda items 8�9 and exited the meeting at 9:53pm. 8. Approve Collective Bargaining Agreement-Building Maintenance Division Union(AFL-CIO Mass. State Council#93,Local#1703) Mr. Malloy explained that this is the Building Maintenance Union Contract for FY25-27 that the Board previously discussed in Executive Session. The highlights of this contract are: • COLA-2.0%for FY25; 2.5% for FY26; and 2.5%for FY27 • Other wage adjustments based on comparative analysis of similar communities • Increase in longevity pay • Other changes in language related to hours, light duty, snow season, and holidays. VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0 to approve the FY25-27 collective bargaining agreement between the Town of Lexington and the AFSCME Local 1703 Building Maintenance Division and further to authorize the Town Manager to execute the agreement. DOCUMENTS: Memorandum of Understanding 9. Approve Collective Bargaining Agreement-Public Works Union(AFL-CIO Mass. State Council #93,Local#1703) Mr. Malloy explained that this is the Public Works Union Contract for FY25-27 that the Board previously discussed in Executive Session. The highlights of this contract are: • COLA-2.0% for FY25; 2.5% for FY26; and 2.5% for FY27 • Other wage adjustments based on comparative analysis of similar communities • Increase in longevity pay • Other changes in language related to overtime, meal allowance, license stipends and snow/ice events VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the FY25-27 collective bargaining agreement between the Town of Lexington and the AFSCME Local 1703 Department of Public Works and further to authorize the Town Manager to execute the agreement. DOCUMENTS: DPW MOU ADJOURN VOTE: LTpon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 10:OOpm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Select Board Con�mittee Appointment PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.4 S UMMARY: Category:Decision-Making Auuointment: The Lexington Cente� Committee T he S elec t B o ard is b eing as ked to app o int Kathleen Mac Do nald to the Th e L exington Cen te� Com m ittee to the unexp ired term ending o n S ep temb er 3 0, 2026. SUGGESTED MOTION: To app o int Kathleen Mac Donald to the Th e L exington Cen te� Comm ittee to the unexp ired term ending on S eptember 30, 2026. Move to approve the consent. FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��..��:��,:��.��.��.;��u�;��,:��.��w��;�:��,:��:�. �:��;��i�� Lexington MA Boards & Committees Submit Date: Mar 26, 2024 Application Form Profi le I I I r r r r I r r I r r � II r r Ir I r r r www.lexinqtonma.aov/calendar� I r r r Ir , r r r Ir r rll r r r r r II I ' r � I r r tr� Ir� tr I rfr t � � Ir� tr � rll t frl � �r r � � �r � �� r f r t r I �� t r r� t � If �tr � r r r f r tr r r r t � I tr f t I r� tr , I � � t �t rt r t I �t r ffr� t r t r'� ffr� t � Kathleen MacDonald Firs�f��rr�� Middl� L�s�f��rr�� Ini�i�l � Kat � � ■ ■ ■I ■I ■I ■I ■■■■■ Ms Err��il�ddr�ss � � 9 l H i I I Street N�rr��ddr�ss S�i��r�p� Lexington MA 02421 Ci�y 5�� P�s��l C�d� � � � � � � � � � 20 years � � � � � Precinct 8 Mobile: Prirr��ry Ph�n� Al��rn��Ph�n� Kath leen MacDona Id Err�pl�y�r J�b Ti�l� � � � Lexington Center Committee: Submitted 1 nterests & Experiences I II I � � � � � � � I am a good listener. I care deeply. I know how to build consensus and work with people with differing points of view. � � � � � � I care deeply about Lexington. We chose to raise our sons here. We sent them to Lexington Public Schools. We made a Covid-related move to a different neighborhood in Lexington, solidifying our intention to remain in Lexington when we retire. I want Lexington Center to be a destination for residents and locals from neighboring towns as well as for tourists. I want people of all ages to have a reason to visit and linger in Lexington Center. I have done work with Cary Library, which I consider to be an anchor of the Center. I have two real estate professionals in my immediate family so I am aware of the concerns businesses may have in re-locating to or remaining in Lexington Center. If these issues were easy, they would be solved by now... � � � � � � Town of Lexington email � � � � � Yes • No � � � � � � � � � � � . . � Yes � No � � � Yes � No Kath leen MacDona Id � � � � / ■ C�nfli��f In��r�s�L�w Tr�ining C�rtifi�� Kath leen MacDona Id Kat MacDonald 91 Hill Street, Lexington, MA 02421 � PROFES'S'IONAL EXPERIENCE The Sharing Foundation—Concord,MA 2006 to Present T�easu�e�and Boa�d Membe� • Maintain all books and records of international nonprofit organization with$500,000 annual budget • Prepare all internal financial statements and budgets • Employ outside CPA to create external financial statements and to file required state and federal tax returns • Maintain Donor Database using Salesforce CRM Software • Track and report on$8M in endowment funds Cary Memorial Library Foundation—Lexington,MA 2012-2018 Development Di�ecto� • Managed all aspects of fundraising for foundation with$300,000 annual budget • Coordinated twice annual appeals, donor events, and annual gala • Maintained all books and records of foundation • Coordinated communication between board members, volunteers, library staff and donors Greater Boston PFLAG—Waltham,MA 2009-2012 T�easu�e�and Boa�d Membe� • Reported monthly to Board of Directors on financial position of organization with$450,000 annual budget • Assured timely preparation and filing of financial statements for external parties • Prepared and monitored annual and monthly budgets • Supported event planning for annual gala fundraiser Boston Medical Center—Boston,MA 1999-2005 Associate Di�ecto�,Patient Financial Se�vices • Oversaw day-to-day operations of 85 person Patient Financial Services Department • Managed,reviewed, recruited, developed and mentored staff • Assured compliance with Medicare, Medicaid and commercial insurance billing requirements • Worked with state agencies on Uncompensated Care policies and Medicaid carve-out program Feeley&Driscoll,P.C.—Boston,MA Senio�Healthca�e Consultant and Audito� 1996-1999 The Edinburg Center—Lexington,MA Billing Manage� 1991-1996 International Health Specialists,Inc. —Newton,MA Billing Manage� 1986-1989 sKILLs Proficient in Microsoft Office including Excel, Word, and PowerPoint; Proficient in QuickBooks Accounting Software; Proficient in Salesforce CRM(Customer Relationship Management Software) INTERESTS Community Building; Social and Racial Justice Initiatives; Travel; Cooking; Reading; Live Music ED UCA TION Smith College—Bachelor of Arts in Art History and Medieval Studies- 1986 Northampton,MA Bentley College—Certi�cate of Accountancy - 1993 Waltham,MA Passed CPA Examinations—November 1996 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Select Board Con�mittee Reappointments PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.5 S UMMARY: Category:Decision-Making Keeper of the Lockup The Select Board is being asked to reappoint Police Chief Mike McLean as Keeper of the Lockup, whose one-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Executive Clerk T he S elec t B o ard is b eing as ked to reap p o int Kim Katzenb ac k as Exec utive C lerk to the S elec t B o ard, who s e one-year term is ending on June 30, 2023. State Conflict of Interest Law Online Training is up-to-date. Town Celebrations Committee T he three-year terms fo r the fo llo wing To wn C eleb ratio ns C o mmittee Memb ers exp ire o n June 3 0, 2024. T he Committee has requested that all four members be reappointed for a three-year term ending on June 30, 2027: o William G len B as s ett o C eris e Jalelian o Julie Ann Miller o Sandra V Podgorski Town Celebrations Subcommittee T he majo rity o f the To wn C eleb ratio ns S ub c o mmittee Memb ers wis h to b e reap p o inted fo r ano ther term s et to exp ire o n June 3 0, 2 02 5. Memb er Kevin C o llins has mo ved to C alifo rnia and wlll no t b e s eeking reappointment. The following members, who wish to be reappointed: o Sudha Balasuryan o S tep hen D. C o le, Jr. o Yifang Gong o David Grab el o Bonnie L Karshbaum o E. Ashley Rooney o Mirela Vas o o Huma Was im o P amela Winters o Hong Xie Minuteman Advisory Group for Interlocal Coordination(MAGIC) T he S elec t B o ard is b eing as ked to reap p o int Jill Hai to MAG I C, who s e o ne-year term is ending o n June 3 0, 2023. S tate C onflict o f Interest Law O nline Training is up-to-date. SUGGESTED MOTION: To reappoint Police Chief Mike McLean as Keeper of the Lockup for a one-year term ending on June 30, 2025. To reap p o int Kim Katzenb ac k as Exec utive C lerk to the S elec t B o ard fo r a o ne-year term ending o n June 3 0, 2025. To reappoint William Glen Bassett, Cerise Jalelian, Julie Ann Miller, and Sandra V P odgorski to the Town C elebrations C ommittee for a three-year term ending on June 3 0, 2027. To reappoint Sudha Balasuryan, Stephen D. Cole, Jr, Yifang Gong, David Grabel, Bonnie L Karshbaum, E. Ashley Rooney, Mirela Uaso, Huma Wasim, P amela Winters, and Hong Xie to the Town Celebrations Subcommittee for a one-year term ending on June 30, 2025. To reappoint Jill Hai to the Minuteman Advisory Group for Interlocal Coordination(MAGIC) for a one-year term ending on June 30, 2025. FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Accept Select Board Con�mittee Resignations PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.6 S UMMARY: Category:Decision-Making Resignation: T�anspo�tation Adviso�y Committee T he S elec t B o ard is b eing as ked to ac c ep t the re s ignatio n o f J o nathan S c hwarz fro m the Trans p o rtatio n Advis o ry C o mmittee effec tive irnmediately. L exington Human R igh ts Comm ittee T he S elec t B o ard is b eing as ked to ac c ep t the re s ignatio n o f L o is B rus s fro m the L exingto n Human R ights C ommittee effective June 28, 2024. O n b ehalf o f the To wn o f L exingto n, the S elec t B o ard Memb ers wo uld like to extend their many thanks fo r J o nathan's time and s ervic e to the c o rrlmunity. SUGGESTED MOTION: To ac c ep t the re s ignatio n o f J o nathan S c hwarz fro m the Trans p o rtatio n Advis o ry C o mmittee effec tive immediately and the resignation of Lois Bruss from the Lexington Human Rights Committee effective June 28, 2024. Move to approve the consent. FOLLOW UP: S elec t B o ard O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � ��,:��.��"��:��,�:�v��:��..�:��,:��w��;��;�; �:��;��i�� ,:��,.��]��i��.��i.��.;�,:��r�.��;��:...F.��i.�� :��;��i�� TO: The Select Board of the Town of Lexington FROM: Jonathan Schwarz Dear Select Board members, TAC members, and liaisons I'm writi ng to let you know that I wi I I be steppi ng down from TAC effective today, as I am worki ng on refocusing my volunteering in town. It has been an honor to serve the town on this committee and I look forward to seeing you all again in our shared efforts. Thanks, Jonathan �'�: �� r�� -� �� "�� ;��c�,�� ': �� , �'�� TT�.��: �� .�� . . � �� .�: �.�� i �.�� '�' �� * ��'1'�� I ��. �� .�� ,�� '��,�� "�� , 1"'�� 1��. ��.� � ��-� ��,� �� . i� .��w �� .i�t�� .� ��"�r� t�� . �h�� r� ��. �� i�� "��r�� -�� '�� r�w �� . ��a.� �� .��,�� i�� p�� r��, �� . �� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Town Manager C on�mittee Appointment and Reappointments PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.7 S UMMARY: Category:Decision-Making T he To wn Manager is reque s ting that the S elec t B o ard ap p ro ve the ap p o intment/reap p o intments o f the following Boards/Committees: Appointment: Council on A�� • Janet Perry. Ms. Perry's term would be effective irnmediately and would expire May 31, 2027. Reappointments: Youth C ommis sion: • James Athens. Mr. Athens' new term would be effective irnmediately with a term set to expire April 30, 2027. S tate C onflict o f Interest Law training is up to date. • Debra Harikins. Ms. Harikins' new term would be effective irnmediately with a term set to expire April 30, 2027. State Conflict of Interest Law training is up to date. SUGGESTED MOTION: To ap p ro ve the To wn Manager's ap p o intments o f J anet P erry to the C o unc il o n Aging with a term s et to exp ire May 31, 2027 and the reappointments of James Athens and Debra Harikins to the Youth Commission with terms s et to exp ire Ap ril 3 0, 2027. Move to approve the consent. FOLLOW UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 ATTACHMENTS: Description Type � �� :��;��i�� i�� :��;��i�� .�� :��;��i�� ]��u�.�� :��;��i�� Lexington MA Boards & Committees Submit Date: Apr 09, 2024 Application Form Profi le I I I r r r r I r r I r r � II r r Ir I r r r www.lexinqtonma.aov/calendar� I r r r Ir , r r r Ir r rll r r r r r II I ' r � I r r tr� Ir� tr I rfr t � � Ir� tr � rll t frl � �r r � � �r � �� r f r t r I �� t r r� t � If �tr � r r r f r tr r r r t � I tr f t I r� tr , I � � t �t rt r t I �t r ffr� t r t r'� ffr� t � Janet M Perry Firs�f��rr�� iddl� L�s�f��rr�� Ini�i�l � � � . . .I .I .I .I ..... Ms. Err��il�ddr�ss � � N�rr��ddr�ss S�i��r�p� Lexington MA 02421 Ci�y 5�� P�s��l C�d� � � � � � � � � � 69+,years � � � � � Precinct 9 Mobile: Home: Prirr��ry Ph�n� Al��rn��Ph�n� Janet M Perry Retired Retired Err�pl�y�r J�b Ti�l� N. A. � � � Commission on Disability: Submitted Council on Aging: Submitted Town Manager Search Screening Committee: Appointed 1 nterests & Experiences I II I � � � � � � � I am a life-long Lexington resident. I have served on several Boards and Committees. I have been a Town Meeting member for 40 years. For 34 years I had a career in Human Resources. I would like to be a member of this committee because as a senior, a member of the Commission on Disability, and my longevity in Lexington, I have a lot of experience in this area. I a n et_Pe rry_-_Res u m e_-_03- 24 doc �Jpl��d�F��s�rr�� I spent 34 years of my career in human resources. I have served on several search committees, including the town manager search in 2004, a fire, chief search, police, chief, search, superintendent, search, all for the town of Lexington. � � � � � � Through the email the Town sent out. � � � � � Yes • No � � � � � � � � � � � . . � Yes � No � � � Yes � No Janet M Perry � � � � / ■ 5/24/2024 �-��, �a��_- Ethics Certificate 2024-05- 24. df C�nfli��f In��r�s�L�v�Tr�ining C�rtifi�� Janet M Perry JANET PERRY LEXINGTON, MAssACHUSETTs 02421 SUMMARY Strategic and hands-on Human Resources leader with significant experience in life sciences and health care. Excellent track record of ability to work effectively with all levels of staff. Experience includes: working with Compensation committees of public company Boards; familiarity with SOX compliance and talent management issues involving mergers and acquisitions; demonstrated ability to drive all hiring initiatives to meet intensive staffing requirements; strong foundation in benefits analysis,design, and administration to reinforce company's ability to attract,retain,and motivate a quality workforce. EXPERIENCE CARROLL CENTER FOR THE BLIND,Newton,MA 2010-2019 P�ivate, non p�ofit agency, se�ving pe�sons of all ages who a�e blind o�visually iynpai�ed. Chief Human Resources Offcer New position in organization; solo practitioner; developing and building HR function. • Benefits plan review and transition to new improved benefits and customer service. • Participant in national compensation survey of similar non-profits serving blind community. • Creating job description for members of Senior Management. • Recruitment and hiring for several key positions. • Identification of overtime issue and development of solution. • Creation of sick leave bank. KING&BISHOP,Waltham,MA 2008-2010 Specializing in developynent and iynpleynentation of p�ofessional staffing and huynan�esou�ces consulting se�vices Senior Consultant Providing human resources consulting. Placing R&D,and technical talent in medical device,biotechnology, pharmaceutical industries. Providing career transition services to clients affected by company downsizing. • Lead client candidates through career transition program. • Provide valuable human resources consulting to King and Bishop staff and management. • Designed and developed Resume Services Program; deliver"Resume Tips&Tricks for 2009"workshop. • Successfully recruit for business development, sales, scientists,clinical research, and engineering positions. JMP CONSULTING,Lexington,MA 2007—2008 P�oviding huynan�esou�ces consulting in the a�eas of�ec�uitynent, t�aining p�og�ayn developynent, benefits p�og�ayn design,pe�fo�ynance ynanageynent, coynpensation, and eynployee�elations Human Resources Consultant-RAINDANCE TECHNOLOGIES,INC.,Guilford CT/Lexington,MA • Managed recruitment process,resulting in the hiring of 10 employees in 13 weeks. • Reviewed company employee benefits programs,which included collecting benefits survey data from among similar-sized competitive companies; made recommendations for plan changes to become competitive. • Developed and implemented new performance appraisal tool,j ob descriptions, and effective on-boarding program. Contract Recruiter-REPLIGEN CORPORATION,Waltham,MA • Recruited for positions in manufacturing, quality assurance, finance,business development, administration, and R&D;hired 15 new employees in 6 months. • Consulted on employee relations situations. Human Resources Consultant-HR ALLIANCE GROUP,INC.,Medfield,MA • Designed and developed behavioral interviewing training program. • Researched good practices in employee benefits communication; developed a proposal for client company. INTERLEUKIN GENETICS,INC.,Waltham,MA 2000—2006 JANET PERRY Page 2 of 2 A publicly t�aded biotechnology coynpany focused on developing and coynyne�cializing pe�sonalized health p�oducts. Director of Human Resources Responsible for both strategic and tactical facets of Human Resources. • Developed Human Resources strategic and operational plans for employment/recruitment,benefits, compensation,employee relations, and training and development, aligning them with company's vision, mission, and values. • Created stock option resolutions for BOD Compensation Committee vote;worked with Board members to obtain signatures for Unanimous Written Consent items. • Developed procedures to ensure Human Resources' compliance with SOX 404 (Sarbanes-Oxley). • Created,updated and implemented policies and procedures to ensure legal compliance with Sarbanes-Oxley and employment laws. • Evaluated, designed,and implemented benefits programs, ensuring market competitiveness. • Counseled employees on all aspects of employee benefits; assisted with problem resolution. • Devised new employee on-boarding program resulting in improved employee turnover and positive feedback. • Created j ob descriptions and determined new hire salaries ensuring internal equity and external market competitiveness within the biotech industry. • Directed employee relations program;recommended and implemented problem and conflict resolutions; effectively handled a high level sexual harassment claim. • Regularly evaluated recruitment strategies to obtain quality applicant pool. • Developed and managed company's Performance Management Program, increasing individual and team productivity and success. • Managed stock option program; developed guidelines for consistency in options granted to new employees and performance-based stock option grants. • Delivered and directed training and development programs. EUNICE KENNEDY SHRIVER CENTER/U.MASS.MEDICAL SCHOOL,Waltham,MA 1997—2000 A nonp�ofit g�ant funded�esea�ch o�ganization with 160 eynployees Director of Human Resources Solo HR practitioner accountable for all areas of Human Resources. • Managed transition process of employees through acquisition by University of Massachusetts Medical School,including educating/training on new benefits,policies, and procedures. • Developed recruitment strategies to acquire diverse applicant pool; screened and interviewed candidates for managers,making recommendations of high quality applicants. • Resolved complex employee relations issues,providing guidance and support to facilitate favorable conclusions. Conducted internal investigations and implemented grievance procedure where needed, ensuring fair treatment of all personnel. • Annually reviewed benefits,making recommendations on plan changes, etc. NEWTON-WELLESLEY HOSPITAL,Newton,MA 1986— 1997 A 350-bed acute ca�e hospital with 2,000 eynployees Senior Human Resources Representative (1994— 1997); Human Resources and Training Representative (1994); Benefts Coordinator (1990-1993);Human Resources Assistant (1986-1990) EDUCATION NORTHEASTERN UNIVERSITY,Boston,MA-BS,Human Resources; graduated summa cum laude BENTLEY COLLEGE,Waltham,MA- Certifcate,Advanced Human Resources Management PROFESSIONAL MEMBERSHIPS Senior Human Resources Network(SHRN)member; Society for HR Management(SHRM)member Lexington MA Boards & Committees Application Form Profile i i i i i i i i � i i i i i i www.lexinatonma.aov/calendar� i i i i , i i i i i i i i i i i ' i � i i i i i � i i i i i i i � i i i i i i i , i i - ' i - � James Athens Fir�t N�rr�� iddl� L��t N�rrr�� Initi�l . . . . . . . .' . ..... Er��il Addr�� . . f-I�rr��Addr�� Suit�or Apt LEXI NGTON MA 02421 �ity St�t� P��t�l Cod� . . . � . . . . . . . . . None Selected Prir��r�Ph�n� Alt�rn�t�Phc�r�� E�plc��r J�b Titl� James Athens . . . Youth Commission: Not Submitted Interests & Experiences � . . . . . . lJplc��d�Ft��ur�� . . . . . . . . . . . . . . . . . Yes N o . . . . . ' . . . . ■ ■ ■ Yes N o . . � Yes � N o . . . . , � �c�r��Fli�t�f Int�r�st L�vv Tr�inir�g��rti�Fi��t� James Athens Lexington MA Boards & Committees Submit Date: Jun 14, 2024 Application Form Profile i i i i i i i i � i i i i i i www.lexinatonma.aov/calendar� i i i i , i i i i i i i i i i i ' i � i i i i i � i i i i i i i � i i i i i i i , i i - ' i - � Debra A Hankins Fir�t N�rr�� iddl� L��t N�rrr�� Initi�l . Deb . . ■ ■ ■ ■ ■' ■ ■■■■■ M rs. Er��il Addr�� . . Suit�or Apt LEXI NGTON MA 02420 �ity St�t� P��t�l Cod� . . . � . . . . . 40+ years . . . . Precinct 1 Debra A Hankins Mobile: Prirn�r�Phc�n� Alt�rn�t�Phc�n� Town of Lexington Public School Admin Assitant Er�plc��r J�b Titl� . . . Youth Commission: Submitted Interests & Experiences � . . . . . . I have been Chair for past 10 years. lJpl��d�Fte�ur�e . . . . . . To continue to engage our high school children in community service. . . . . . . Children were on it, I have been on it for over 10 years . . . . . • Yes N o . . . . . ' . . . . ■ ■ ■ • Yes N o . . � Yes � N o . . . . , � �c�r��Fli�t�f In��r�st L�vv Tr�inir�g��rti�Fi��t� Debra A Hankins AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve One-Day Liquor License - Galaray House, 1720 Massachusetts Avenue PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.8 S UMMARY: Category:Decision-Making Galaray House: G alaray Hous e, 1720 Mas s achus etts Avenue, is requesting a O ne-Day Liquor Lic ens e to s erve wine and b eer for the purpose of their First Fridays Event, new e�iibit showcasing art from local residents, being held on F riday, July 5, 2024 from 6:OOpm to B:OOpm. SUGGESTED MOTION: To approve a O ne-Day Liquor Lic ens e for the G alaray Hous e, 1720 Mas s achus etts Avenue, to s erve wine and b eer fro m 6:OOp m to 8:OOp m o n F riday, July 5, 2024 at their'F irs t F ridays' Event s ho wc as ing art fro m lo c al residents. Move to approve the consent. FOLLOW UP: S elect Board O ffice. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve One-Day Liquor License - Lexington Friends of the Arts d/b/a Munroe Center for the Arts PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.9 S UMMARY: Category:Decision-Making Munro e C e nte r fo r the Arts: Munro e C enter for the Arts, 1403 Mas s achus etts Avenue, is requesting a O ne-Day Liquor Lic ens e to s erve wine and b e er fo r the p urp o s e o f their G allery R ec ep tio n event that will s ho wc as e new art fro m lo c al re s id ents, being held on Wednesday, July 24, 2024 from 6:30pm to 8:30pm. SUGGESTED MOTION: To approve a One-Day Liquor License for the Munroe Center for the Arts, 1403 Massachusetts Avenue, to s erve wine and b e er fro m 6:3 Op m to 8:3 Op m o n Wedne s d ay, July 24, 2024 at their'G allery R ec ep tio n' Event showcasing art from local residents. Move to approve the consent FOLLOW UP: S elect Board O ffice. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Review and Approve Recommended Amendments to to H3775 regarding Lexington Housing Assistance Board (LexHAB) PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair I.1 S UMMARY: Category:Decision Making The next step in the proc es s for LexHab to move towards indep endent status is for the S elect Board to vote on the attached amendment/redrafted bill in order for the S enate to take up the amendment. Town Counsel, L exH ab and the legis lato r are all in agre ement with the s e c hange s SUGGESTED MOTION: Move that the Board approve the changes proposed to the Home Rule Legislation regarding LexHAB's trans itio n to a s ep arate no n-p ro fit entity in the fo rm p ro vid ed in the p ac ket and to p ermit the L egis lature and the Governor to make other, non-sub stantive changes, to format, or clerical edits prior to pas sage FOLLOW UP: Town Manager's Office. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 7:l Opm ATTACHMENTS: Description Type � ��,��,��,��r��.��'T�'T�r ��;�,��.�� .��,��r��,� HOUSE DOCKET,NO.119 FILED ON:1/9/2023 HOUSE . . . . . . . . . . . . . . . No. 3775 ��je �on�n�or��ne�cYt�j of��c��cc�ju�ett� PRESENTED BY: Michelle L. Ciccolo and Cindy F.F�iedman To the Honor�able Senate and House of Repr�esentatives of the Commonwealth of Massachusetts in Gener�al Cour�t assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act reorganizing the Lexington Housing Assistance Board,Inc. PETITION OF: NAME: I DISTRICT/ADDRESS: I DATE ADDED: Michelle L. Ciccolo : 1 Sth Middlesex : 1/9/2023 ..............................................................................................................................................................................................:...........................................................................................................................................................................................................:............................................................................................. Cindy F.Fr�iedman : Four�th Middlesex : 1/9/2023 ..............................................................................................................................................................................................:...........................................................................................................................................................................................................:............................................................................................. Michael J.Bar�r�ett : Thir�d Middlesex : 1/27/2023 1 of 1 HOUSE DOCKET,NO.119 FILED ON:1/9/2023 HOUSE . . . . . . . . . . . . . . . No. 3775 By Representative Ciccolo of Lexington and Senator Friedman,a joint petition(subject to Joint Rule 9)of Michelle L.Ciccolo,Cindy F.Friedman and Michael J.Barrett(by vote of the town) for legislation to reorganize the Lexington Housing Assistance Board,Inc.in the town of Lexington. Housing. [Local Approval Received.] ��je CCon�n�or��e�Yt�j of��c�ju�ett� In the One Hundred and Ninety-Third General Court (2023-2024) An Act reorganizing the Lexington Housing Assistance Board,Inc. Be it enacted by the Senate and House of Repr�esentatives in Gener�al Cour�t assembled,and by the author�ity of the same,as follows: 1 SECTION 1� =Chapter 521 of the��cts of 1983�I�;��;��.�,�.��repealed��:�� 'Z ii-r ii�n Arri�ir�1-��c�i1-h 1�kA�.-wl�,-r�zrii-rrr: 'rm�z,- _✓ ti��-r�-r--crr�.,----- Q 3 SECTION ,�•There is hereby established an independent,nonprofit housing corporation 4 to be known as the Lexington Housing Assistance Board,Inc.or"LexHAB". 5 SECTION� �.LexHAB s a e governe y a oar o irectors,,��;�� rp�P�p�'��;� 6 +'��c'��'�'��"��:�'—��shall consist of not less than��. and not more than�� .............. .......... 7 members.Each member of the board shall be a resident of the��;own of Lexington at the time of pp �,-Year term.Terms shall be staggered such that the 8 initia a ointment an s a serve or a � 9 term of no��;more than 40�-��,�;�� of the board members shall expire in any e��, year. • � ��£�� .��.�� June 30 by 10 Appolntments to t e oar s a e ma e annua y�� .::....�............�...............................:......�:..... 11 the members of the board then sitting,subject to confirmation by the Lexington select board. 1 of 8 12 Members shall serve until their successors are appointed and qualified.Continuing members may p' y ' ' ` ��board and,for�1��;��,��purpose,shall be deemed to 13 act es ite a vacanc or vacancies in .......... 14 constitute a full board.A vacancy in the board,however occurring,may be filled by vote of the 15 board for the remainder of the unexpired portion of the term.I`�'��r��'+��►►1 A�� 16 ' ' " ' � � ........ 17 1 g rA oirrr�Ar��1- Air��rrAv�irAra 1-Ar c�I ,— (�,0111111P.IltP.C��A�1�:I mOVOCl t�11S t0 al1 OutSIClO SOCt1011 at t�10 011C1 � of the act because it feels like a transitional section.Do you agree with that? 19 20 21 SECTION �•Members of the board shall not receive compensation for the performance 22 of their duties under this act,but each member may be reimbursed by LexHAB for expenses 23 incurred in the performance of the member's duties. 24 SECTION�� •The board shall exercise its powers and perform its duties��r� 25 , 26 , , , . . . . � . . ��....:��m�� 27 ��... 28 ��;�� :�� .,��;�� ;��:�� .... .... .... .... � .... .... .... .... .... .... .... .... � .... ... .... .... .... �.... r .... .... �. .... ... 29 �� ;��;��:�� :��:��;��:�� :�� .... .... .... .... .... .... .... .... .... .... .... .... .... ... .... ....�, .... .... .... �.... .... �..� .... 30 ��;�� :��.,�� :�;��:�� .... .... .... .� .... .... .... .... .... .... .... .... .... .... .... ....� .... .... .... �.... .... �.... .... �� •The powers and duties of the 31 :�� ..��":..��....�.,�� ,�:�:..��.��.... �..�;��:��:��.... 32 board shall be alternative and supplemental to,and not in limitation of,the powers and duties of 2of8 33 t e Lexington � ousing ��uthority established pursuant to chapter 34 ��of the General Laws. ......................................... (�.'��"� ��peration of LexHab shall be independent of the Lexington select 3 5 SECTION�-...:��.� .,..�..:.......:��.�...... 36 board and+�,��„�z„� ��....managerr��;�.;�� .��:��.��..��"��:.�� :�� ;::��....��• 37 SECTION �•The board shall have the powers and privileges conferred by 3 8 ��;.:�:��::��:.�..�.�. ....( ) ('), ' , � �� k)of section��.��......of chapter,-„��,,,,�,arA,a 39 a to i inc usive an � �;�� 40 � ' ` :�� of the General Laws;and the following powers�;provided,��,,�that no 41 such power shall be exercised in a manner inconsistent with this act or any general or special 42 law;or to carry on any activity which is not in furtherance of the purposes set forth in this act: 43 ��) to adopt,amend and repeal by-laws for the regulation and conduct of its business,� 44 including,�but not limited to,�the call and conduct of its meetings,the number of inembers�,��„� 45 �;��;��;shall constitute a quorum and the mode of voting by proxy; ��) to elect a chair��e�and vice-chair��.��...�.......�::��:.�.....,��'��=�'��Y,�,�'��"�p 46 �.... � ` �board;and a secretary and a treasurer,who ��h+��;;be�� 47 mem ers��o �� ;�-��he 48 �� mem ers o t e oar ;an w o may e t e same person�� .�� 49 treasurer s a give on or t e alt u per ormance o t e��, ��.�,;�..�.;..�.�:;...�..�.�duties in form and 50 amount approved and fixed by the board,the cost of which bond shall be paid from funds of the 51 board� � �� :�� , ' ��absence,the vice- �� . ��:��, ��.. � e c air��. in t e�;... �. g �� :.��r ��:�� ;; he secretary shall be 5 c alr �s a c alr meetin s o t e oar �� ,�� 53 the custodian of all books,documents;and papers filed with the board and of the minute book or 54 j ournal of the board; 3 of 8 55 .........................................................�:�::�:�:........�.....................to make and execute all contracts and all other instruments necessary or 56 convenient for the exercise of its powers and functions; ��) to acquire or lease,by purchase or otherwise,and to own,hold and use,on such 5 7 �........................ 5 8 terms and conditions and in such manner as it may deem proper,and to exchange,grant options 59 on,sell,transfer,convey,assign,lease,pledge,mortgage,encumber,grant liens on and security 60 interests in,or otherwise dispose of,on such terms and conditions as it may deem proper,real, 61 personal or mixed real and personal property or any interest,easements or rights in that property, 62 and any assets or revenues of the board,as may be necessary or appropriate to carry out its � � ��,r,'+��;�o,_,��'p��*hh�'that the board's right to acquire or sell town- 63 purposes�...;�� .... ��... 64 owned real estate may also be subject to authorization by town meeting vote in accordance with 65 other��:��:��;.�.�:.��..�..�laws; 66 ( � ) to enter into agreements or other transactions with the commonwealth,the town 67 of Lexington or any other political subdivision or public instrumentality thereof,the United 68 States government;or any federal,state;or other governmental agency; 69 70 (�� to borrow money and to execute notes therefor,to hold mortgages;and to invest 71 any funds held in reserve funds;or any funds not required for immediate disbursement in such � � ��; ��he y �� 7 investments as ma e aw u or 1 uclarles in t e commonwea t � ��,�� .r �� 73 board shall have no stock; 74 (��) to enter into contracts or agreements with;and to employ from time to time 75 contractors,architects,engineers,consultants,attorneys,accountants,construction,financial and 76 other experts,superintendents,managers;and such other agents and employees as may be 4of8 �!"�� &�::- 77 necessary in its�u gment an to ix t elr compensatlon�� ,� �� 78 �� otwithstanding any general or special law to the contrary,the board shall be exempt from 79 ` ` '-��chapters 30,30B;and 149 of the��eneral��,aws ` ` 80 �; 81 82 ( �� )to receive and hold��funds,including any funds that may from time to time be 83 appropriated by the town of Lexington in furtherance of the board's public purpose;pursuant to 84 section�� .��.�,property�.�„.�µ�,labor�,and��.�µ�.other things of value from any source, 85 public or private,by gift,grant,bequest,loan or otherwise,either absolutely or in trust,and to 86 expend or utilize the same on behalf of the board for any of its purposes or to act as an agent or 87 conduit in administering or disbursing funds or financial or other aid from any source; � � :��.� 88 �,�, to appear��its own e a e ore oar s,��c�'h�c�;�� 89 departments or other agencies of �� ,municipal,state or federal�„��,��;; 90 �;��) to procure insurance against any loss in connection with the property or activities 91 of�-�:��board;in such amounts;and from such insurers,�as it may deem necessary or 92 desirable,and to indemnify its members or agents if and to the extent specified from time to time 93 in the by-laws of��;��board and subject to and in the manner provided in section�(�of 94 chapter __ "�� o"*_��;�,��,�ofthe General Laws; 95 �;��) to formulate,carry out or monitor plans for projects involving the acquisition or 96 operation of housing facilities of any kind or nature;and to construct,reconstruct,renovate, 97 expand,extend,improve,repair,remodel,equip,furnish,maintain,manage and operate such 98 facilities; 5 of 8 �;,�� ) to fix and revise,�from time to time,and to charge and collect rates,fees,rentals 99 ,��.��.� 100 and other charges and sales prices for or in connection with the use,occupancy or other 101 disposition of any housing facility or other property or portion thereof under its ownership or 102 control; 103 �;��)to establish,impose,grant;or amend,by deed,lease;or any other means or 104 method,and to hold the benefit of,monitor,exercise;and enforce��µ�-lawful restrictions on the 105 rental,sale,resale,use or occupancy of housing facilities or other property under its ownership 106 or control;or other facilities or property designated by the select board��„��;��restrictions 107 with respect to the income of owners,tenants or occupants of such housing facilities or other 108 property��,��options and rights of first refusal with respect to such facilities or property, 109 and to waive,release or discharge any such rights or restrictions��r� �� the � ��... 110 foregoing shall not apply to any town-owned real estate or facilities except upon the vote of the 111 town meeting or as otherwise allowed by law; 112 113 �;�� ) to enter into,perform or monitor agreements or other transactions with 114 contractors,developers,brokers or other real estate professionals or any other person relating to 115 the providing of affordable housing for persons of low and moderate income in the town;�� 116 �;��e) to establish policies and procedures for and to implement programs;and to do any 117 and all things necessary or convenient to carry out its purposes and exercise the powers 118 conferred by this act. 6of8 119 SECTION �•The board may delegate to any committee or member of the board any 120 action which the board is empowered to�'�hr��'��;��,��,,�•The board may be a partner in any 121 business enterprise that the board would have power to conduct by itself. 122 SECTION-��•Notwithstanding+'��M��"�;��any general or special law to the 123 contrary,the income,assets;and activities of the board shall be exempt from all taxes and 124 assessments and the board shall not be subject to any of the provisions of chapter �'r ��(�� 125 of the General Laws or to any taxes based upon or measured by property or income imposed by 126 the commonwealth or by any political subdivision thereof.The board��'�'�h��' 127 � � � � ��enter into an agreement e�-- ��+�with the assessor of the town of 128 Lexington,with the approval of the select board,wherein��;��board shall undertake to make 129 annual payments to the town in lieu of taxes,in connection with any real property acquired and 130 owned by the board,the amounts of such payments to be reasonable sums stipulated in such 131 agreement �� or determined in accordance with a reasonable formula so stipulated. 132 SECTION��,�.The town of Lexington may appropriate other funds for the carrying out 133 by�-�:��board of its purposes as set forth herein.Any appropriation therefore may be raised y y �� ;��annually,the board shall cause independent audits 134 t e town taxation. �� 135 to be made of the books and records of the board�� ,�,��„�� 136 ��.�� '��l�`"��;��i��;�� "�� .,�� "��"��i��:��"��;��"��"��!�`�� Commented[dl2]: `may'ratherthan`shall'-togivetheSelect ... ��... .... .... .... .... .... .... .... .... .... ... .... .... .... �.�.... ... .... .... .... .... .... .... ... Board the ability to determine if an audit was required,rather than forcing an audit. 137 �� ;��;�� :�� .�� ;�� .... � ....� ....� ....� ....� ....� ....� ...� ..�� ....� � .... ....� .... ....� r ....� ....�� .... .... .... .... .... .... ......�. � 138 �� ,�� ;�� :�� : .... .... ... .... ... .... .... �.... ... .... .... .... .... .... .... .... � ...� .... � .... .... .... .... ... 139 ��.�� ,�� :�� ... .... .... ....� � ....� .... .... .... .... .... .... ....� .... .... .... ....� ...� .... .... .... .... .... .... ��,��:�� ;��•The board shall make an annual report of its activities and 140 ��.... 141 operations to the select board of the town of Lexington. 7of8 142 SECTION �,�•All personal and real assets and liabilities of the"Lexington Housing " �hapter 521 of the��;�cts of 1953 shall be 143 Assistance Boar ,Inc.-esta is e pursuant to��; 144 deemed transferred to the board,and title to all such property and all such rights shall vest in the 145 board automatically without the need for further action or instrument. 146 SECTION��.I�� '�'�� '� �� '��"---��:��dissolved in accordance ................... .................................................................................................. , , ' �� board 147 wit aw at any time,a property an interests t ereln assets-an rig ts o �� 148 existing at such time shall be transferred to the town of Lexington;or to a qualified non-profit 149 housing development corporation designated by the town of Lexington;and title to all such 150 property and all such rights shall vest in the town of Lexington automatically without the need 151 for further action or instrument;and the town of Lexington shall,to the maximum extent 152 permitted by law,and acting by and through its��elect��oard,assume,hold and exercise the 153 powers and duties of��;��board set forth herein with respect to such property and rights so 154 transferred to�-��::��town. ............................ 155 . 156 , 15/ r`is^n��mc+1-nrenac+.i'�� ................................................................................. 158 �1��:�� .�� :��.,�� ;�� ; �� .... .... .... .... .... ... .... ... .... ....� .... .... ...� .... .... � 159 �� ;��;��: .�� :��;�� ;��;��.��;� �� .... .... .... ....� .... .... ... .... .... .... .... .... .... .... .... .... ... .... .... .... .... .... 160 �;�� :�� .��;� �:�� :�� .... .... .... .... .... .... ....� �.. .... ... .... .... .... .... .... .... .... .... ..� .... .... .... _. 161 SECTION�� - First line: o.s" � ,,, �.T is act s a ta e e ect upon its passage. Formatted:Indent: 8of8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Discuss Select Board Report for FY2024 Annual Town Report PRE E TER• ITEM S N . NUMBER: Board Discussion I.2 S UMMARY: C ate g o ry: B rains to rming A s the To wn's fis c al year 2024 has drawn to a c lo s e, the B o ard is b eing as ked to b egin p rep aratio ns fo r the S elec t B o ard s ub mis s io n fo r the F Y24 (July 1, 202 3 - June 3 0, 2024)Annual To wn R ep o rt. T he final rep o rt will b e due for submis sion to the Town report C oordinator by S eptemb er 16, 2024. For reference, listed are last year's report topics/scribes: . FY2023 Annual Town Re ort To ics Scribed by p p S elect Board Joe S elect Board P riorities for American Rescue S uzie P lan Act(ARPA) S p ending F iscal Resiliency including C apital Doug S tab ilization F unding F ramework Economic Development and C ommercial Doug Growth Jill Housing Initiatives and Updates Mark Infrastructure Development S uzie Diversity, Equity and Inclusion Town Meeting Use of Virtual Technology Joe F o r re ferenc e attac hed is a c o p y o f the S elec t B o ard R ep o rt in the F Y2 3 Annual To wn R ep o rt as well as a copy of S elect Board Report to 2024 Annual Town Meeting. T he fo llo wing is a draft s c hedule fo r writing this years S elec t B o ard R ep o rt: D etermine to p ic s and S elec t B o ard S c rib e Mo nd ay, June 24, 2024 Select Board Members submit write-up to SB As soon as possible but no later than o ffic e Wednes day,August 14, 2024 S elec t B o ard R eviews 1 s t draft o f rep o rt at meeting Mo nday,Augus t 19, 2024 Date any edits submitted to S elect Board office Wednesday August 28, 2024 S elect Board Votes F inal Report Monday, S eptember 9, 2024 SUGGESTED MOTION: FOLLOW UP: S elect Board O ffice. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 7:15pm ATTACHMENTS: Description Type � ��,��,��,��I��,�� :�,��.��,�'W�'��I�� ;�,��.�� .��,��,� � ��,��,��,��I��,��:�,Q�:�,��,��.��,�'W�'�� .�,��,� ��;�,��.�� .��,��,� SELECT BOARD Five members, elected by the voters at-large to overlapping 3-year terms: Jill I. Hai, Chair, Douglas M. Lucente, Vice-Chair, Joseph N. Pato, Suzanne E. Barry, and Mark D. Sandeen. In March 2023, Mr. Lucente and Mr. Sandeen were re-elected to three-year terms. At their annual re-organization after the conclusion of Town Meeting in May, the Board appointed Mr. Pato Chair and Ms. Barry Vice-Chair. During FY2023, Lexington continued its transition to a post pandemic environment. The State of Emergency in the Commonwealth expired but new legislation extended a number of powers such as the ability to hold hybrid meetings which has increased public participation broadly. Nonetheless, much activity is returning to pre-pandemic engagement. The completion of the Center Streetscape project has enticed more people into the center with additional outdoor seating and gathering spots—while simultaneously patrons are increasingly returning to indoor diningatlocal restaurants. Ridership on LexPress declined during the pandemic. In response, the Select Board approved a new$20 unlimited ride pass program for FY2024 to make it more appealing for riders to return to the service. In addition, the Board created an ad-hoc committee to make recommendations on how to improve public transportation in Lexington. Financially, the Town remains in a strong position but increases in inflation portend challenging budget cycles in the years ahead. Planning for a new or renovated Lexington High School continues and it remains likely to be the largest capital project undertaken in Lexington with an expected total cost of$350-$500 million. Fortunately, the Massachusetts School Building Authority (MSBA) has invited Lexington into the capital pipeline, and we estimate the state will fund about 25% of total costs. FY2023 ended with the MSBA poised to select the firm to serve as the Owner's Project Manager and then the remainder of the architecture design team. FY2024 will initiate the Feasibility Study in which the MSBA and Lexington stakeholders will determine if a new high school is warranted or if renovation or a combination of new and renovated spaces is the best path forward. Select Board Priorities for American Rescue Plan Act (ARPA) Spending The American Rescue Plan Act of 2021 (ARPA) was passed by the federal government to support communities across the country in responding to and recovering from the COVID-19 pandemic. Federal funds from ARPA are intended to address the negative health and economic impacts caused by the pandemic. The $9,903,381 allocation for Lexington, which is distributed through the Massachusetts Department of Revenue, is based on the Town population. ARPA funding must be obligated by the end of 2024 and fully expended by the end of 2026. The federal government has outlined the primary objectives for the use of these funds as outlined in the 2022 annual Town Report and also specifically noted users of funds that are NOT eligible. The Select Board set priorities for ARPA spending in the following areas that are consistent with federal guidelines and address the immediate needs of our residents and businesses: housing, food insecurity, public health and safety and economic stimulus and resiliency for our community. - 1 - During fiscal year 2023, the Select Board has approved using $4,004,980 in ARPA funds in the following areas: • Public Health & Safety: $1,170,171 ($4,000 Technology Improvements for Recreation Inclusion Program, $19,936 Basketball Hoops at Center Basketball Courts; $40,000 Fire Department and Emergency Management Respirator Protection; $43,600 Electronic Sign Boards for Communications; $58,000 Emery Park Bus Shelter; $80,188 Fire Department Wages; $93,876 Fire Department ATV Ambulance; $100,991 Fire Department Pumper Overage; $329,580 Lead & Copper Service Line Inventory, Planning & Replacement; $400,000 Fire Department Ambulance) • Affordable Housing: $1,025,000 ($400,000 LexHab to purchase a house, $625,000 LexHab to purchase 93 Woburn Street) • Economic Development: $1,482,200 ($7,200 bike racks for East Lexington; $75,000 for Parlet in Lexington Center; $400,000 for East Lexington Bike Path Landscape Improvements; $500,000 Additional Small Business Assistance; $500,000 250th Event Planning and Implementation) • Human Services: $15,000 William James referral service. • Town Meeting Technology Enhancements: $ 20,000 Town Meeting Tablets. • Other: $292,609 ($26,609 Human Resources Staffing; $50,000 Internal Equity Audit; $216,000 Curbside Composting Trial) The cumulative funding allocations as of 6/30/23 are: � � �� Economic Stimulus & Resiliency $4,041,20 51.2% Food Insecurity $50,000 0.6% Housing $1,500,000 19.0% Pandemic $627,609 8.0% Public Health & Safety $1,675,234 21.2% The Select Board will continue to prioritize addressing the urgent needs of the community and will work with the Town Manager to determine how the remainder of the Town's ARPA funds should be allocated. Fiscal Resiliency including Capital Stabilization Funding Framework - 2 - Lexington remains on a path of financial stability and growth with the Select Board committed to fiscal stewardship to safeguard the Town's financial health and vitality. Adding elements of discipline to the community's financial planning, the Board aims to continue to avoid the need for Proposition 2% operating budget overrides. In a collaborative effort with the Appropriation Committee, the Capital Expenditures Committee, and the School Committee, the Town sustained the Capital Stabilization Funding Framework developed in 2021. This strategic initiative is aimed at supporting large-scale capital projects, such as the forthcoming construction of Lexington High School, which is estimated to cost between $350 to $500 million. The framework is built on the principle of financial sustainability. It directs incremental property tax revenue from new commercial developments, specifically those approved through the Preliminary Site Development and Use Plan (PSDUP) or zoning changes, into the Capital Stabilization Fund (CSF). For FY2024 alone, over$1.7 million has been earmarked from this new tax levy growth toward the CSF. Using this mechanism helps to build up capital reserves, thereby providing a balanced financial outlook for the Town. While the CSF serves multiple purposes, its primary aim is to mitigate the debt service associated with future capital projects. In addition, the CSF complements other specialized funds like the Special Education Stabilization Fund, forming a robust financial safety net. The Town has been diligent in maintaining high reserves while also responsibly funding pension and Other Post-Employment Benefits (OPEB) liabilities. Using a multi-year financial model and long-term capital and fiscal planning allows for a more systematic approach to allocating resources. Operating surpluses from departments have been strategically directed towards capital projects rather than operational expenses, reinforcing the Town's commitment to long-term financial planning without compromising the quality of public services. As a significant validation of these efforts, Moody's Investors Service has awarded the Town an 'Aaa stable' rating.This highlights the Town's fiscal prudence and translates to lower interest rates for capital projects and borrowing. The rating further underscores the effectiveness of the Town's capital stabilization initiatives, prudent management, and strong financial reserves. Through a well-coordinated, systematic approach, the Town is well-equipped to safeguard against unforeseen challenges, allocate funds for vital capital projects, and maintain a high standard of public services. Economic Development and Commercial Growth In the past fiscal year, the Select Board has been diligently working on initiatives to stimulate economic development and commercial expansion within the town. Among the key strategies is the formation of strong partnerships with local business associations. This collaborative approach has allowed the Board to understand unique challenges faced by local businesses, such as the need for changes in outdoor dining fees. In response, the Select Board streamlined fees, fostering an environment more conducive to business growth. - 3 - To maintain transparent and constructive communication with business stakeholders, the town has instituted Quarterly Roundtable discussions. These meetings involve key town representatives, including the Town Manager, two Select Board Members, the Assistant Town Manager for Development, and Economic Development staff. Business owners from various parts of the town, including the Center and East Lexington, participate in these discussions to provide direct feedback on the town's initiatives. A cornerstone of these economic strategies has been the Battle Green Streetscape project. Aimed at enhancing pedestrian and traffic safety, this initiative also serves to support existing businesses in the town. Complementing this, zoning changes have been introduced via the MBTA Zoning initiative. The town is also planning to hire a consultant for a community charette focused on revitalizing the downtown area. Welcoming new businesses has been another focus of the Board. This year saw the addition of several new establishments, including restaurants, a pop-up shop, and Life Science Labs. These new businesses not only diversify the local economy but also add to the town's tax revenue. Cultural and recreational activities have not been overlooked in the town's development strategy. Lexington has received the designation of a state cultural district, with the aim of boosting tourism and offering diverse programming. This comes just in time as the town prepares for the 250th anniversary of the historic Battle of Lexington in 2025. This cultural district, which spans Mass Ave from Hastings Park to Pleasant Street, is poised to become a focal point for both cultural and economic growth. Financial investments have also been strategically employed to stimulate growth. Among these are the Senior Parking Pass Program, which offers free parking to residents aged 65 or older, and the allocation of ARPA funds for arts and culture events. Additionally, ARPA funds have been deployed to improve connectivity between East Lexington businesses and the Minuteman Bikeway. Finally, in line with its goals, the Select Board aims to achieve a harmonious balance between economic growth and community values. Objectives include providing access to a diverse mix of businesses and fostering quality job opportunities across various industries. Furthermore, the Board is committed to a balanced tax policy that benefits both residents and businesses. Through these multifaceted initiatives, Lexington is striving for a future that is economically robust and inclusively sustainable. Housing Initiatives and Updates Affordable Housin�Trust: One of the Select Board's goals is to further a Livable Lexington including by "actively seeking development of affordable and accessible housing". In FY22 the Select Board created the Affordable Housing Trust Study Committee. Based on the work of that committee, Town Meeting adopted a motion creating an Affordable Housing Trust (AHT) via Article 12 of STM 22- 3. The Select Board appointed the initial five members of the AHT in February 2023. At Annual Town Meeting 2023 (Articles 7 and 10n), Town Meeting approved the pre-funding of the AHT using stabilization funds designated for affordable housing and Community Preservation Act funds. This pre-funding allows the AHT to operate nimbly in the market, independent of Town - 4 - Meeting timing. The AHT was officially established upon receipt of the Attorney General's approval and began its operations on February 28, 2023. Zonin� Initiatives: The Select Board's Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee (SPRD) completed 5 years of work by proposing the new "Special Residential Developments" (SRD) bylaw at the Annual Town Meeting. Adopted by a vote of 146-22-10, SRD contains two possible development paths - a new zoning option "Compact Neighborhood Development" (CND) with limits on both individual units and average unit size in each developmentand an amended Site Sensitive Development option, strengthening site protections. All developments under SRD now require inclusionary housing, either by onsite affordable units or, in the case of six or fewer units in a development, by payments to the Affordable Housing Trust. Both paths are also governed by site plan review, rather than special permit. The new bylaw requires the Planning Board to promulgate regulations, which among other things will include valuation for the payments in lieu of unit production. State law adopted in 2021 requires all communities served by, or adjacent to communities served by, the MBTA to adopt zoning which permits by-right multi-family housing under specific conditions. The Planning Board brought Article 34 to Annual Town Meeting 2023 to fulfill these obligations and further the goals of the Town's 2022 Comprehensive Plan. Articles 34 created Village Overlay, Multi-family Overlay, and Village High-Rise Overlay districts, with inclusionary housing requirements for any development of eight or more units. Lexington was widely recognized as the first community to fulfill this state obligation. Lexin�ton Housin�Assistance Board (LexHAB): Special Town Meeting 2022-3 overwhelmingly approved Article 14, seeking a Home Rule Petition to amend the enabling legislation which created LexHab in 1983, to make it an independent non-profit entity. Upon approval, LexHAB will become a 501c3 organization, able to use a combination of state, federal and private funding sources to acquire or develop affordable housing. This will mean the ability to create affordable housing more efficiently and cost effectively. Infrastructure Development Center Streetscape and Battle Green Streetscape Projects The Center Streetscape project broke ground in the spring of 2021 with the goal of improving pedestrian safety, accommodating bicycle traffic, making sidewalks and crosswalks more accessible and safer for people with disabilities and renewal of the mid-century modern landscape. The project was substantially complete in the Fall of 2022 with final project completion occurring in the spring of 2023. - 5 - ■ ■ , � i ru �u I � 'I i� � �� ' ■ � , i� i ■I� � ��"��1�S��r�th� ��°� ��i��r��h��i�l�i��r��th�c��r��l�� °�r��r��S�r��s��r��j��°�n The Battle Green Streetscape construction started in 2023 with the goal of improving pedestrian safety, accommodating bicycle traffic, making sidewalks and crosswalks more accessible and safer for people with disabilities. The project includes construction of a roundabout to be located at the Harrington Road/Bedford Street/Hancock Street intersection. 2022 Annual Town Meeting approved $4,975,000 in funding for the Battle Green Streetscape Improvements. The Battle Green Streetscape project is expected to be completed by fall 2024 in anticipation of the 2025 Town Celebration. �, �r'. �'� �, ,. � �, �%� f i ��j� ,/��i �� r ��0' ��pirip�/�� r ,� "� 11 /1 �i% ��i; � � , � �� i f�� , j;r �� r � 1 i �ii� i�� I'%i;,, u; � , �. M � // � iY i l ouiiV f,-� �,, � , ,� ��h i a,�� ,?� �, , � �l r'�i /, ou� t �� t;r(�j� � � ��s ��l �/i ��j', . ��, ( y//ii r �i'r; i, � i, i�� ;��. '�� ' �fJ G'"' �9 ii%Jl/f� ; i �, � '� �ll�' �, � %i�j�� i �j f,�, /„T /�, � I J ��ii�ai�i�/'/'/�// � �/�� y� %� ` �/��J�� i�- i� � i,�iiii�� f,� , r , ' ,S , � �r � f� e,� �r: ;,, ," " J / �; � � �� ; r � ��, i n �/i� .� , .�,�". „�: � „ � i�,�� .,,, �l� ii ; �/�,,�. %ii /i '��, , JJI�' /, � „ r �' � G//��/ , � � � a l'/' 1 ��' �� fr«� � „ /� �;� �� ," � � � � � � y ,, � � ,, " ��' ' «r ^�, �V�01�� M � � �"` !�j/% /j (�� N j;�V .� 'I l� � �/ �i� , �. i% �, � „� f., �,,frai �✓ � J %r � f � ,,.;- r �J r f�i� � � , /% i i � �/�% ��s /,� � %�� i i �„ J / a � �, W w . „� � ., m i ��„ �, G i ° >,,,y M m � � � , ,� ',,,;�. � „ �� "fi� ,� -,�,,� ,,,, ,Fi r � „ , .; k, � � %/, ; „�,,y�4 � ^i�� i�� '�! �'�' /�; &.!��C�.' P l , � /,i� ��% i, 1 � � 6 a f J,? = i�i�` ' � ' % �� 1!1'" � ` � �,, yy�`/ i. ,�,r � );J ,��rb, �� rrr��ar��i� r� '�ro � ` "' L � , il. � �U�'p�&�4��M�kh&�,41�� rr i., i r ; m �, � �`'�� ' j , � � o� � ii �� ",,; � ��„ �„J'�'/� ,., � �, ;�ii„:,, , �i ' ' �J'/f 5 G��6% Municipal and School Buildin�s The Board continuestoaddressthe issuesof maintainingand improvingourmunicipal and school building infrastructure. The Westview Cemetery Building replacement project was approved at 2020 Annual Town Meeting with an appropriation of$3,290,000. The initial Westview Cemetery construction bids came in higher than the appropriated amount. As a result, Special Town Meeting 2021-1 approved additional construction funding of$770,000. The second round of construction bids came in within the updated project budget. The Westview Cemetery Building construction work started in April 2022 and is expected to be complete by September 2023. The Lexington Police Station building project is in the construction phase. Special Town Meeting 2022-1 approved an appropriation of$32,400,000 for the design and construction of a new Police Station building to be located at 1575 Massachusetts Avenue. On June 6, 2022, in a Special Town election, Lexington voters approved a Proposition 2 % debt exclusion for the borrowing for the Police Station Project. In August 2022, construction bids came in lower than - 6 - the appropriated amount. Construction began i and is expected to be complete by June 2024. Town Meeting 2023 approved an appropriation of$3,400,000 for the design and construction of a solar and energy storage system to be installed in the parking area adjacent to Fletcher Field and the Minuteman Bikeway. This solar canopy and battery storage system complements the solar panels on the new building's roof to come close to a Net Zero building consistent with the Town's Net Zero goals. Town staff plan to have the solar and energy storage project constructed at the same time as the Police Station to maximize efficiencies with the site contractor. The Lexington Police Department has moved their operations to the temporary Police Station facility located at 173 Bedford Street until construction of the new Police Station building is complete. The Hosmer House was moved from its location at 1557 Massachusetts Avenue to allow for construction of the new Lexington Police Station. The Historic District Commission approved the relocation of the Hosmer House. The Select Board and School Committee authorized the installation of 2.6 MW of solar energy systems at Hastings Elementary School, Lexington Children's Place, Diamond Middle School, Clarke Middle School, Harrington Elementary School, Bridge Elementary and Bowman Elementary School. Final interconnection approval from the utility has been received. The solar installations will enable Hastings School and Lexington Children's Place to be Net Zero schools. When combined with the Town's previous solar installations, they will generate approximately 64% of the Town's municipal and school electricity. 2020 Annual Town Meeting approved $100K in design funds for the Center Recreation Bathroom complex. At the 2021 Annual Town Meeting, the Select Board recommended indefinite postponement of a warrant article requesting$915K in construction funding. 2022 Annual Town Meeting approved $680,000 in construction funds appropriated from the Community Preservation Fund. Construction of the Center Recreation Bathroom complex is expected to be completed by October 2023. The Old Reservoir Bathhouse renovation project was approved at 2019 Annual Town Meeting with an appropriation of$610,000. The bathhouse construction bids came in higher than expected and over the appropriated amount. Town staff was in the redesign and rebidding stage for this project as of June 2023. Town staff expect to have proposals for this project by October 2023. Bedford Street/Hartwell Avenue Complete Streets 25% Desi�n Traffic issues in the Hartwell Avenue corridor are one of the key concerns cited by residents and business owners. 2019 Special Town Meeting appropriated $1.5 million for the 25% design of the Bedford Street/Hartwell Avenue/Wood Street Corridor. The Town formed a 25% design workinggroup in November2020, and hired an engineeringand planningfirm inJanuary2021 to develop 25% design level plans for complete streets reconstruction that addresses safety, traffic flow and pedestrian, bicycle, transit, and alternative modes of transportation. - 7 - The Town's consultant has substantially completed the data collection task, the environmental permitting task, and the land use & development build out analysis. The Town's consultant has identified that the roadway capacity will begin to be exceeded at approximately 60% of the "likely" redevelopment as properties within the project area are redeveloped to current zoning limits. Based on input from the Select Board, the consultant has revised the build out and traffic analysis to include future residential development. In addition, Town staff and the consultant have expanded the study limits to include the I-95 northbound half of the interchange. The project is expected to culminate in a formal Massachusetts Department of Transportation public hearing targeted for FY24. Diversity, Equity and Inclusion The Select Board continues to place a high priority on meeting our goal to be a visionary and sustainable community that values and respects all people, history, and community assets. During FY24 the Town hired a new Chief Equity Officer and continued efforts to expand the applicant pool for Town staff positions. Community engagement includes a relaunching of the Strategic Equity Advisory Team for connection with our diverse community and reestablishing the quarterly Coffee with the Police Chief to foster better understanding and communication between the community and the Police Department. Town Meeting Use of Virtual Technology The COVID-19 pandemic introduced the need for virtual meetings for public safety. As the pandemic eases and the declared public emergency has come to an end, virtual technology remains an important addition for public meetings allowing more members of the public to participate in the public process. The legislature, however, has not yet acted on Lexington's home-rule petition to permanently allow hybrid or fully-remote public meetings, but it has extended emergency legislation allowing these meetings for another two years. In addition, the revised legislation explicitly allows hybrid representative town meetings to be held. Anticipating positive legislative action, Lexington invested ARPA funds to acquire handheld tablets to be used for voting and managing speaking order during debate at Town Meeting. These devices use the same software previously used for fully remote meetings and were successfully used for a fully in-person 2023 Annual Town Meeting. With the recent legislative authorization, Lexington anticipates holding future Town Meetings using a hybrid format where Town Meeting Members present at Battin Hall will use the tablets while remote attendees will use their personal devices. - g - „��„„,� �.b��..��w��„��„ �� :�� "�""„�� .., � �,� � ,. �, � ,�� "� F�� ;;e� � R .`.� , e;�� I ,"� ,�',��., �;'�' r� �� ,F��. �� ,„N..,a.,� ,.,,,..�.,.,.......�........�»..M«.�.*.,�:.,.e,..,.,.....��W d��.W......,.......�, � t54 f�r� �� `�E�t� �� ,.W� �'�' }�c� `°�� , �"° � i � k � � �. � � � i r J r �` �� `_ �� , �f , � ' �` � � �� y �u �� `�, � �� 'i r�, ��'' �� ,� r ,, �' � '��w� �� 4 d M �dG �WN,. � ��,%�R� "w, sn��,�rv�„ . ��,.� � �� M "^�, � � �,� �� ° �� "� ��” ��,� ,� .n...�� ""*w,�,�� ,m r""""�'" �^��,,.� , ��.x�"� ..��.�^ 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 1 Select Board Goals Page 3 Budget and Finance Planning Page 6 American Rescue Plan Act (ARPA) Page 7 Lexington High School Project Page 8 Social Racial Equity Initiatives Page 9 Municipal �. School Building Projects Page 9 Update on Recent Home Rule Petitions Page 11 2025: The 250th Anniversary of the Battle of Lexington Page 13 �,� .... � ��"�'°� � "` �� ,��. _...... . ...��"��;�% ;`� �, � �°f =j u�. ,�� r„�'+� �� , I�""� p�.,�' "° u �4 � r"�^ ��"" i�� i'�� ", ,°'�IJ. � �: ,��- .� r,��. �r ,a,�,^.0 2^'" " �'� h� / �� 8�., � ,�r'�„,.. ��, �� „�� ,.� ,, March 2024 „ ,,,„ „� . This report to Annual Town Meeting 2024 under Article 2 contains an update on issues and topics the Board f elt 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; • ref lections on budget and f inance planning; • use of American Rescue Plan Act (ARPA) f unding; • 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 f inancial planning and established guidelines f or 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 f orward 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-Board. 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: j�ato@lexin�tonma.�ov r • Suzie Barry, Vice-Chair: sbarry@lexin�tonma.�o�v • Jill Hai: jhai@lexin�tonma.�ov • Doug Lucente: dlucente@lexin�tonma.�ov • Mark Sandeen: msandeen@lexin�tonma.�ov Respectf ully submitted, Lexington Select Board Joseph N. Pato, Chair Suzanne E. Barry, Vice Chair Douglas M. Lucente Jill I. Hai, Chair Mark D. Sandeen 2 During the fall of 2023, the Select Board engaged Jon Wortmann to interview staff and Town Committees to gather input f or the upcoming two-year goal set. The Select Board met on October 11, 2023,to review these aspirations and identified the Board's top priorities. Each goal was assigned to one member of the Board with a second member volunteering on some to assist as needed. During November and December Board members worked with Mr. V�Tortmann to identify measurable actions against those goals. All goals will be continually reevaluated under core shared principles including: • Our commitment to f ostering a diverse,inclusive,and equitable community that thrives on the principles of respect, dignity, and f airness. 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 f acilities f or 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 f or new residents to call Lexington home. • Our commitment to being a sustainable and resilient community f or 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 f or 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% aff ordable, and all units must qualify f or and be included in the Subsidized Housing Index. • The Board allocated $1,455,000 in ARPA funds for the acquisition of housing units by LexI�AB in order to retain smaller one- and two-family houses, now included in the Subsidized I�ousing 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 f amily condominium buildings,f or 10 units in f our buildings,rather than a conventional development of single f amily 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 1ot 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 f or mitigation plans f or consideration as Article 29a at the Annual Town Meeting 2024. • Revised Noise Advisory Committee charge and began process to reconstitute the committee. When f ormed, 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) Up date: • 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 ref ining 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 Board re-evaluating our alcohol policies to support this diversification. • Streamlining Business Signage: Enhancements to the sign bylaw, aimed at simplifying signage processes f or businesses, are detailed in ATM Article 47. These changes await f inal adjustments by the Planning Board and a positive vote at the Town Meeting,marking a signif icant 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 f irm. This collaboration f ocuses 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 transf orming 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 f or submission materials include logistical inf ormation,requested action, as we11 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 wi11 replace the now obsolete Novus Agenda package. Goa1 #5: Transition to 100%renewable energy (primary: Mark Sandeen) 4 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 Lexington'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. - htT f f www.lexin�tonma. o�v f 1645 f Buildin�-Ener�V-Use-Disclosure • Complete Net Zero Police Station- Construction is underway f or the solar canopy structure, which is expected to be completed by the Fall of 2024. • Establish Net Zero design standards f or the new high school design -The School Building Committee has established design standards with the high school design team f or a highly efficient,net-zero, all-electric high school. • Establish High Performance Building standards for existing municipal buildings -The Select Board approved the High-Perf ormance 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 f or 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. • Become a Climate Leader Community Goal #6: Advance age-in community initiatives for Lexington seniors (primary: Doug Lucente) Up date: 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 f iled the Municipal Empowerment Act,which introduces several measures that could indirectly support Lexington's age-in-community initiatives. Key components include: • A new local-option means-tested property tax exemption f or seniors, allowing cities and towns to offer additional property tax exemptions to qualifying seniors based on specific income and asset 1evels,residency duration, and homeownership. 5 • Extension of the local option f or personal exemptions to seniors,blind persons, and others, allowing those whose domiciles are held in trusts or other arrangements to qualify for exemptions. • Authorization f or 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, off ering f inancial stability and support f or 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) Up date: • Working with the School Building Committee to publish and inf orm the community of community meeting inf ormation and updates on the Town website and in Link to Lexington e- newsletter with clear reference to LHS Project website. ,,, „ � „ � , „ „ � „ „�;�,,;;, � ;;„ „„ „,,, „. „;;„ ;;„ ;�.;;„ The Select Board is committed to ensuring fiscal responsibility and sustainable growth through careful budget and f inancial planning f or FY2025,f ocusing 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/� Operating Override, supports the Board's vision f or Lexington, emphasizing staf f ing,environmental initiatives,capital improvements,and inf rastructure 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 f or renovations at 173 Bedf ord 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 f or debt exclusions. Holding an Aaa rating allows the 6 town to borrow f unds at the most f avorable interest rates, providing signif icant f inancial advantages f or managing the town's debt and f inancing its proj ects. Capital Stabilization Fund-The Capital Stabilization Fund (CSF) underwent a policy revision in Fall 2021 to allocate new levy growth f rom specif ied commercial and industrial development to the CSF,rather than that growth becoming part of general revenue. This strategy aims to preserve levy capacity f or 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 f or FY2025, with an additional transf er planned f or the Fall 2024 Special Town Meeting. Af ter this bud get 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. „ � , „ � ,, , „ „ „ 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 f ollowing initiative areas: • Economic Stimulus 8�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 platf orms, improving public spaces, and f ostering bikeway mobility and engagement. • Public Health 8�Saf ety: With 26% of the f unding,this area f ocused on bolstering the town's health department and public saf ety measures in response to the pandemic. • Housing: 16% of the f unds were allocated to address housing needs, ensuring support f or those affected by the pandemic in securing stable housing. • Pandemic Response: 13% of the f unds were directly used f or pandemic-related expenditures, including testing,vaccination programs, and other immediate health needs. • PIRs (Program Improvement Requests): 6% of the f unds have been utilized f or enhancing the Food Waste Program,acquiring a new electric vehicle f or the Health Department, and formulating an ADA Town Building Self Evaluation and Transition Plan. • Food Insecurity: A smaller,yet crucial 2% 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 a11 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 a11 residents who participated in the PB process, contributing valuable insights and demonstrating the strength of our community's collective vision. 7 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. „ � ,,,; „� � , ;;„ „�,,,,,,,,�;� „„ „ „ ,,,,,„ ;�;;„ �m The Lexington High School project is likely to be the most ambitious and expensive project undertaken by the Town of Lexington. Plans f or this proj ect have been brewing f or 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 (SBC) was involved in the steps outlined by the MSBA 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 identif ied. At least one option f or repair only, renovation, and new construction must be identif ied. The proj ect team has begun to seek f eedback 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 f ocus 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 f or the LHS Project is illustrated below. 2024 Annual Town Meeting is being asked to appropriate f or design f unds f or the project of$10M via article 26. The next maj or f unding action by Town Meeting expected to occur at a Special Town Meeting near the end of 2025 f ollowed by a town- wide debt exclusion vote. Occupancy in the new or renovated f acility is expected at the end of this decade or early in the next. � �� .� � �i � ��, 1'�°�r� ��ir� � ��t I I��III�;�1�im� �� I��I�� I�� Q� ��.� � + I� III IIII II _ � IIIIII : � � � P� ��, W � � � „ �;I I�,y � .. ,- I I III I III II�III III II�II II III�I _ I�I�I�I�I�I�I�I I�IVIVIVI�I�I�I�I�I�I�I I�I�I�I��I�I�I�I�II�I�I�I�IVIVIVI�I ��'� ��''� ��'°� �'��'�' �'��'� ��'� ��'� ��1 i �°� : t��i t� i �li �-all t�s �°�s j��t t � a �. g „ „ ,,,,, ,,, � ,. �.. , � „ „..:�.. ,„, ..�,..::...:�.. �.. ,. �.., „ �:�.. ,.... .... .... 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 f or 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 f ocus 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 f or all staf f. 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 8�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 f ocus f or these initiatives. , „. „ „ ,,, �.. � � „ „ „ , , , „ „ „ , �� ,,, „ „„ „. „. „„ „. „„ „. „„ 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 Budget: $4,330,000 Funding: ATM 2017-Article 120 /ATM 2020-Article 16k/ STM 2021-1 Article 7 Design f unding of $270,000 was approved at ATM 2017. Initial construction f unding 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 9 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 Town'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 Proj ect 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 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 f or 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 f or the neighborhood and meets the requirements of the Historic Districts Commission. The Historic Districts Commission issued a Certif icate of Appropriateness in November 2023. Construction of the f ootings f or 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 Fath 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 8�Maintenance Fuilding 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 renovation of the Center Bathroom f acility was completed in October 2024. 10 „ „ „ „ ,,, „ „ � � „ „ �,,,,,.. „ „ ,,,,,,,,,, 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 f or Community Housing (Citizen Petition) Bill H.4314 (m�islature.�ov� An Act authorizing a development surcharge f or community housing in the town of Lexington Status: Reported f avorably by the Joint Committee on Municipalities and Regional Government. Ref erred to the committee on House Steering, Policy and Scheduling, reported out f or second reading. Second reading on 7/31/2022 and ordered to a third reading. No f urther action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.3088. htT f f male�islature. o�v f Bills f 193 f HD3088 Status:House ref erred 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 f or local adoption of real estate transfer f ees. The Select Board and Housing Partnership have each voted unanimous support f or the Real Estate Transfer Fee local option. More inf ormation and f inancial analysis can be f ound here: htT f f www.mass. o�v f inf o-details f the-aff ordable-homes-act-transf er-f ee- analysis#:�:text=The%20Af f ordable%20Homes%20Act%20includes,home%20price%2C%20whic � hever%20is%20�reater • ATM 2021: Article 26 - Petition General Court to Amend Legislation Regarding Permanent Transportation Funding Bill H.3892 (ma�le�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 Bi11 H3704. htt�s:f f male�islature.�ov f Bil1s f 193 f 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 Inf rastructure and Adopt Bylaw Amendment Enabling Legislation 11 Bill H.3893 (m�islature. o�v�An Act authorizing the town of Lexington to adopt and enf orce local regulations restricting new fossil fuel infrastructure in certain construction. Status: Ref erred to Joint Committee on Telecommunications,Utilities and Energy No f urther action by the end of the legislative session. The need f or this home rule petition has been largely made moot by Chapter 179 of the Acts of 2022 authorizing a demonstration program f or municipal regulation of f ossil 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 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 development activities f or the purpose of f unding 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. htT f f male�islature. o�v f Bills f 193 f HD3085 Status:House referred to committee on revenue 2/16/23,Senate concurred;Joint hearing scheduled f or 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 (ma�le�islature. o�v� An Act authorizing the town of Lexington to allow remote participation at town meetings Status: Reported f avorably by the committee on Election Laws and the committee on House Steering,Policy and Scheduling. Concluded a second reading and ordered f or a third reading. No f urther action by the end of the legislative session. Refiled in the 193rd (Current) session of the legislature as Bill HD.118. https://male�islature.�ov/Bills/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 Fi1ed in the 193rd (Current) session of the legislature as Bi11 HD.119. An Act reorganizing the Lexington Housing Assistance Board, Inc htt�s://male�islature.�ov/Bi11s/193/HD119 Status:Fi1ed 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 12 the committee on housing on 4/13/23;joint hearing 6/26/23;reported f avorably 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. Senate read on 12/11/23;Senate second reading and ordered to third reading 1/18/24. Technical suggestions by Senate counsel scheduled f or 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 f or Certain Off ices in the Town of Lexington. Ref erred 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 f or 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: • f orming 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 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 f irm to handle publicity, crisis communication and dedicated website build and management. • Added f ive additional members to the Semiquincentennial Commission-Lex250 with experience in f undraising, transportation planning, publicity and security as we all as added a second Select Board Member. • Attended the America250 Press Conf erence in Boston f or 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 successf ul community meeting update and inf ormation gathering session in late january 2024 at the Community Center. 13 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: D is cus s and Approve LexMedia Budgeting and C ontract Extens ion PRESENTER: ITEM NUMBER: Rita Vachini, C ommunications Advis o ry C o mmittee C hair I.3 S UMMARY: Category:Decision Making T he c o ntrac t with L exMedia is s truc tured as a s�-year grant agreement, in three two-year terms. T he s ec o nd two-year term will b e c o mp lete June 3 0, 2024 this year. T he intentio n is to renew the third two-year term starting July 1, 2024. T he B oard is being asked to decide the funding level for the July 1, 2024 - June 30, 2026 contract extension. Up o n the agreement fro m the S elec t B o ard as to the funding level, the To wn Manager/C o mp tro ller will then execute the contract extension documents. SUGGESTED MOTION: Mo ve to autho rize the To wn Manager to exec ute a c o ntrac t extens io n with L exMedia fo r the p erio d covering July 1, 2024 - June 30, 2026 with a funding level outlined in___________ (Option 1:No increase in staffing/Option 2: Increas e staffing by 0.5 F T E in F Y25). FOLLOW UP: C omptroller's O ffic e/Town Manager's O ffic e. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 7:25pm ATTACHMENTS: Description Type � C.�°.�(:��r��r��,��,�� ;�,��.�� .��,��°��,� � :�,Q�:�,Q��,��,.�,��,Cn�°��,��r�,��r�a,��.��:�,Q�:�,:�,��;�,��,��r��,��r�a,�� ;�,��.�� .��,��r��,� • • e� e � a ra n reemen enewa � ons Communications Advisory Committee J u ne 24, 2024 en a • The current six- ear Grant A reement with LexMedia is structured as y � threetwo- earterms startin Jul 1 2020 y � � y � o Second term ends June 30, 2022, and final renewal to start July 1, 2024 . . . � . . � . � � � � � � . � . , • Back rou nd � o LexMedia and other cable-related expenses have exceeded PEG Revenue received from cable television providers since FY2019 ■ PEG Revenue from Cable Providers has been decreasing since FY 2018; avg 5% decrease year over year; no indication of revenue decline leveling off ■ Expenses continue to increase 3% - 5% per year due to inflation with no increase in staffing ■ Surplus in PEG Revenue account fully covered this shortfall until FY2023 o Supplemental funding from Town Revenues started FY2024 ■ $100K funding provided in FY2024 and budgeted for FY2025 ■ Town funding level will need to increase significantly by FY2030 as PEG Revenue balance is fully de leted � � � p �� -��#�� i Fundin � tion 1: Maintain �urr�nt Staffin L��I for L�xM�dia � � � ' � � �Ument Y��r PE�R��enu� �PE�Acc��n#R�serv�F�n�i ng Tvr�r��ppl�m�n#al F�n�ir�g � �0 �1� �� $� � � �i� � � � � � � � � � � � � \ � � � � � � \ � � � � � � � � � � = = \ `-� � ` � � - _ � F�]9 F��0 F��i F�� FY�i FY�4 F��5 F��6 F��7 F�� F� F�0 • PE� Account Surplus is used up by FY3� � � � � � Fundin � tion 2: Incr�as� L�xM�dia Staffin b �.5 FTE � � � v �Enables Cvntinued Cv►►erage vf additivnal meetings and e►►ents� ' � � ��men#Y��r PE�R�u�n�� RE��1c�o�n#R�r�e Fun�i n� _ To�rn��ppl�m�nt�l F�r��ir�g _A��iti�r��l T�wr�F�n�ing f�r�.�FTE � � � _ � �� i�� 1� �� _ � � - � � � � � � � � � � � � � � � � � � � � � � � � �� FT 19 FT 2� F��1 F�� F��3 FT a4 FT 25 FT�6 FT�7 F��3 FT�9 FT� • PE� Account Surplus is used up by FY3� � � � � � � ex e s • Toni ht: Decide �exMedia fundin level for FY25 FY26 � � � o Fu nd i ng for previous contract terms � � �� _ �� o Option 1: No increase in staffing, cut back some meetings and events coverage to prior levels " � �� o Option 2: Increase staffing by 0.5 FTE in FY25, covera�e stays at current 2024 levels. Additional $40K of Town Fundin needed in FY25 g _ � �� • �ooki n be ond FY26 � y o If we maintain current staffing and correspondin� coverage, from FY31 Town will have to rovide $500K+ fundin for �exMedia p g �� -�� i 1 T�WN �F LE�IN�T�Mr MA�SA�HUSETTS 0�4�4 1f�5 MAS�aCHUSETTS AVENUE LEi�IMGT�N �ABLE A��ESS AGREEMENT B etwee rt th� T�WN vf LE�IN�TON and LEi�INGT�N ��MMUNITY MEaIA�ENTER d/��a LE�[MEDIQ ]u!y 1, 2��-Jun�3�. �fl�� "�°��►k �� a � � � � �� ► 4 � w� � � � �w � a ?� � � �r� � ; APR�L l�t� ��Ixv G"�� r LE�INGT�N CABLE TELEVISI�N A��ESS AGREEMENT This Agre�ment is made as af thi� day af ��2� by and b�tween th�T�VIlN of �.E�IN�T�N �"TDV11N"or"�ssuing Auth�rity"�,a munici�a! corporati�n� and Lexin��r� ��mmunity Media Cent�r, d�b�a LE�MEDIA, �LEXMEaIA�, a non-prafit c�rporat�on duly e�tabli�h�d ur�der the la�s of Massachusetts. V1lher�as� the T�WN d�sires t� �rav�de supp�r�far the use of public� �ducati�nal, an� go��rr�ment �"PEG"� �cc�ss channe�s, f�cilities, programmin� and services pra�ided �ursuant ta feder�l law; andr 1111hereas� th�T�1�lN has granted �icenses�a�amcast�f Massachu��tts �� n�. �"Camcast'7, RCN Telecom S�rvices of Ma�sachusetts, LLC�"RCN"} and Veri�on New England� In�. �"V�riz�n"}to aperate cable �ele�ision syst�ms in the T�UVN; and� VIlh�reas,the cable licens� a�reements b�t�rv�en th�T�WN �rtd �amcast, R�N and Veri�on, �tipulate that �he T�V1lN may d�sfg nate an �ntity to �p�rate�nd ad min ist�r PEG ac�ess faci I it�es, pra�ra m m i ng� services�nd funding, and Vllhereas�the T�WN det�rm i ned the purp�s�of the �xi�ting agreement with LE�M EaIA�on�tituted a pu�lic purpo�e of suppart and in�oked �ecti�n � of MGL Ghapter 3�B th�reby e�ccludin� thEs agreement fr�m statutvey �idd i ng �r�cedu res. Naw, theref�re� for at�er good and W�luable conside�atiar�, the reeeipt and sufFiciency of which is her�by �ckrl�Wl�d��'d by both �ar�i�sr the par�«s hereta a�ree as fallaws; i. Pu�PosE Th� pur�ose a�f this Agreem�nt�s to insure the pr�visiQn of�a�le t�l��isian ac��ss s�rvi�es to L�xin�ton resid�nts and jor pers�r�s affi li�ted with Lex�ngt�n i nstitutions, �usin�ss�s ar ageneies �"Authori�ed User�"� wha d�s�re �� use �he L�xington cable tele�ision system f�r purposes af productian and/or t�ansmiss�on of signals f�r non-��mrnercia� publEc, educati�nal an�jor governm�ntal �PEG� �urp�s�s, II. C�MTRACT ��UMENTS The�ontract a��uments consist of the fQllowing, and in the ev�nt�f c�nflict� ar dis�r�panc��s among them, th�y sha[� be interpreted on th� bas�� of the following pri�riti�s: FTRST, THYS A�REEMENT BETWEEN THE TC�WN AND LE�MEDIA �ncluding Exhibit A, Exhibit B an� E�hibit�attach�d heretQ� SE��ND, ��P�E��F ALL REQIJ�RED B�fVDS, �ERTIFI�ATES�F INSURAIV�E AND L��EN�ES REC�UIRED UNQE�THE �4NTRA�T, EA�H �F 1NHICH TS ATTa�HEa HERET�. Thes�dacum�nts f�rm the entire Agreemen� between tne �a rti�s a r�d ther� a re no other a�r��ments b�tween th e pa rti�s. Any a mend m�nt or mod if cat�an to th�s Agreemen�must b� in �riting and signed ay officials with the au�h��ity to bind th�T�I�VN and LE�MEDIA. 2 f s r III.TERM DF ACREEMENT 3.1 Ef��ctirre Qat� Thi�Agreem�nt�ha�l b�c�me effe�tive on]uly 1, ��q upon �x�cuti�n �y both parkies. The initial t�rm of th is Ag reement wi i f be two yea rsr with a n optE�n by the T�V11N t�ext�nd th��ontr��t for two add it«na 1 t�nro ��y�ar p�riods� prQ�ided th�t the T�rm� in�luding all ext�nsions, is no gr��ter than six �� y�ars. The A�reement ma}� �e extend�d on th� performance �f LEXMEDIA as evaluat�d pursu�nt t�the terms outlin�d in E�chibit A. Ninety�94� days priar to the expiration of a term,the T�V1IN shall n�tify LE�MEDZA of its intent t� ex�end the contract. Any c�ntract ext�nsi�n shal� b� exerc��ed at the s�l� discret�an of th� T�WN. The budg�t shall be set at each ext�nsi�n period v�ith the unders�anding that funding may decreas�from the initia! agreement peri�d. IV.TERMINATI�N �.1 Termination far�onvenien�e The T�WN may terminate this Contract for c�nvenien�e �nd `rvith�ut cause, in whofe�r in park, at any time by written notice ta LE�MEDIA sp�cifying the t�rminati�n da�e. LE�iMEa�A shafl immediate�y take a�� pra�tical st�ps ta mir��mi�� its c�sts t�terminate the work. LE�ME�IA Shall be paid its actual� necessary and v�r�fiable �osts to eff�ct terminat«n inc�uding eontract c[�seout�osts. LE�{ME�IA�hall pr�mptly submit ta th�T�UIIN its t�rminat�on c�aim supp�rt�d �y detailed do�umentatian of each �vst item claimed in a farm satisfact�ry to th�T�1NN. The T�VIlN sha[I prov�de notification ta LE�MEDIA af its int�nt to term�nate for�or�ve�i�nce at I�a�t 1��days pr�or to t�e�ate of termination. 4.�T��minat�on for aefault �f LEi�MED�A fails ta perF�rm service� �n the mann�r�a�led f�r in the �ant�act, or if LE�MEDIA fa�1s t� camply v�rith any�th�r mat�rial pr�visi�ns of th��ontract, the T�V11N may terminate this Gontra�� in w�oie ar in p�r�, f�r default if, si�ty��D} days �ar such Ivn�er date as the T�WN may specify in its sol� �iscretion� after the da�e af th�T4WN's written notice to LE�MEDIA,the fai�ure �f the performan��of LE�MEDTA has n�t been c�mp��t�ly cured or LE�MEDIA ha� nat mad� r�a�onable pro�ress, as det�rmin�d by the T�UVN in it�sal� dis�retian, to�ure the f�ilure. Terminatian shall be eff�cte� by serv�r�g a n�tice�f t�rmination on LEXMEDIA's repres�ntati�e vr a��nt in the �ommonwealth o� Massachusetts or��a11 be deemed s�rve� three �3} day� after maifEng said n�ti�e ta LEXNiEaIA's�ddr�s� by r�gister�d mail. Such notice �h�ll se�forth the manne�in which LEXMEa�A is in d�fault. LE�MEDIA wif� on[y be paid the eontract pric�for products��iver�d and ac�epted, ar�ervice satisfac�or�ly per�ormed, up t� and including th�termination date� in ac��rdance with the mann��of p�rf�rman��set farth in th�Cantract; and any other casts sha�! be borne by LEXMED�A. LEXMED�A shall as�ume an� bear a!I t�rminatian and Contract closeaut c�sts, including th�s� vf su�c�nt�a�tars� suppl�er�and LE�MEaTA. In th� �vent�f a d�fault termination, the TaVtiIN shall b�entitie� to withhold a�y paym�nts ther� du�ar tv becon�e�lue t� LE�MED�A f�r reasanable am�unts f�r darr�a�e��u�fered by the TOWN as a result of LE�ME�IA`s default ar�d to e�erc�Se any ather r�ghts or r�medi�s a�ai[able t�th�T�1NN at law. LE�MEDIA shall alsa b�deemed to be in default upan the accurr�nce of�ny ane or more of the foil�w�n� �v�nts: if LE�ME��a is �ankrupt or Ensolvent; if LEXMED�A makes a g�neral ass��nm�nt f�r the �en�ft of creditor�; if a trustee ar receiv�r is�p�ointed for LE3�MEDIA� o�for any of LE�MED�A's property; if LEXMED�A files a petiti�n to take adv�n�a�e �f any d�bto�'s ac�r or tv re�rganize under any bankr�pt�y chapt�r�r law; i�r LE�MEQIA rep�at�d�y fai�s to make pr4mpt paym�nts t� LE�CMEDTA's supp[i�rs� su�cont�act�rs or Qthers f�r�aaorf materials, ar equipment; if LEXMED�A disr��a�ds laws� ardinances, � � � k � ru�es, regulationsr or orde�s of any public body havin�juris�iction; if LE�MED�A fails ta carrect def�ct�s� noted during a�c�ptanc� inspe�tion�s� within sixty��} days of natifi�ati�n of said ��feC�; and �f LE�MED�A violat�s in any subStar�ti�l way the provisions of th��on�r��t ao�uments. rf i� is [ater�lete�mine� by the T�1NN that LE?�MEDIA was n�t in ��fault, the T�WNr after�s�ablishin� a n�w��1��er�r�che�u f e, may a I law LEXM EaIA ta canti nu�w�rk without �ncrea�� i n th��ntra ct �rices� or tr�at th�term�na�ion as a termin�t�Qn far c�nvenience. The termination af the Contract far nnnperfarmance sha�1 in n�wa}�r�f�eve LE�MEDIA from any of its �o��nants, undertak�ngs, d ut��a nd obligat'r�ns u nder th'rs�antraet, nor I i m it th� rig hts a nd r�m�d ies�f th�T��IUN he��und�r in any mann�r whatso�v�r. V. RESP�IV SI BILITI ES AN D�B LI�ATI�NS auring the�e�m hereof, LE�MEDIA shall �� r�s�onsible for and ohliged to p��farm the services a� d�scribe� in Exhibit A at�ached h�r�t�. VI. B�ARD�F DIRE�T�R� The L��c�ngt�n Sel��t Boa rd a nd the L�xi ngton �chaol C�mm ittee e�ch sha�� re�om mend t� LEXM E[�7A a �andidat�far app�intmen�to LE�MEDIA'S Board of Dir�ctar�. VII. �ERS�NNEL P�LI�IES AN�3 a�B DE��RIPTI�NS LE�4ME�IA shall have written personnel poli�iesr �opies of which �h�i� b�distribut�d ta a(I employ��s and a copy of which shall �ae mad�a�a�lable ta the T�VIlN upan r�que�t. Each pa�� pa�iti�n shal[ hav� a clear�y written jo�descrip�ion. VIII. PR��RAMMING S.1 Pragrammir�g LE�MEDIA�hall not �e �b[iga'��to broad�as�any PEG Access program �hat daes nat me�t F��te�hni�al standa�ds. How��e�, a decision n�t to �raadcast a Rro�r�m due t�te�hnical pro�lems shall in no viray in�olv�c�ns�derati�n of the content o�the pragram. In a�d�ti�n, s�he�uling deci�ions for Rrogr�mming shall be fr��of�onsid�rati�n of pr�gram cantent, exc��t for consid�ratians of ag�-appropriat�n�ss at t�m�s�vhen childr�n may be vtiratchin�. 11Uhif�th� F�� da�s n�t�ontral PE�a�c�ss pro�rarr�ming can��nt, LE�MEDZA agrees to foll�w th� F��'s rul�s �n ��s��ne, �ndecent ar�d P�ofane broadcasts in making its sche�uling decisians. 8.� Nan-�ammer�ial broadcasting The PEG ac��ss fa�i�iti�s shal� be used f�r th� pr-oduction af r�on-comm�r�ial a�c��s programming. LE�MEDIA sha[! n�t sell or broadcas�adv�rtising as defin�d by a�y appli�abl�federal o�st�te �tatut� �r regulatian. Notwithst�ndi�� th� prior sentence, LE7�MEDIA may��kn��rled�e underwriting supp�r� c�ns�st�nt with the re�uirements of the T�1NN's Lic�nses with its r�spec�iWe �able provid�rs �r�d ��v�. The T�1NN acknowledges th�t LE�MEDIA shall be a�[e ta provide some senric�s f�r a fee including� �ut not limit�d to, s�l�s�f aVas of�vents cov�r�d by LEXMEC�IA�tape dubbing, �nd oth�r�imilar services, such �s�hargin� a f�� for th� use of r��ms and �qui�m�nt, pr��id�d that su�h r�ntals shall not interfere with LEXMEaIa's a�ility t� meet the requirements of th�s c�ntra�t� and further prQ�i��d that na such fee sha�1 ��char�e� ta praduc�rs of�ublic, �du�atianal and goWernmen�al pr�grammin�. � � . e Pr�or t� LE�MEDIA's us�af cammercia[ adWertis�ng f�r content d�str�but�d o�er the Internet� LEXMEDYA shall cor�sult with the L��ington �ommuni�at�ans Advisory��mmittee �"CA�"} to es��blis� mutually a�r��d upon guid��ines. LE�MEDIA shall n�t b� held resp�ns��le f�r t��hni�al pro�I�ms under contraf of the cable�y��ms. S.3 �opyright and �r�n�rsh i p Befare broa��asting video pr�gramming pr�vided by user�s}, LE�MEDTA sh�ll require thase pr��i�[ng th�s pragr�mming to a�t�i� rights to all mat�r�al broa�cast, and c[��an�e from broad�a�t s�atior�s, net�vor�s, spansors. music iic�ns�ng organi�atians'repr�sentati��s, and withaut limitati�n from the f�re�oing, an}� and �II persons as ma}�be ne��ssary t�tran�mit its or th�ir program material aver the PEG ac�ess cha n nels that a re ope�at�d a nd ma nag�d �y LE�M E DIA. LEXM EDZA�ha 1 I ma inta i n far inspection u pon reasonabl�n��ic� by th�T�V11N and for th�term of�h�a�plica�f�sta�ut�af Iimitati�ns, copies of aII su�h user agreements. LEXMEaIA sha�l awr� the��py�ig�ts af�ny prQ�rams that�t may pr�du��from time t� time. �opyright��f programming pro�uced by th� pub�ic shall be held �y su�h p��son�s} who pr�du�e said pro�ramm�ng. LEXMEDIA shalf r�quire that all programs produ�ed with fun�s� �quipment! facilities, ar staff granted unde�this agreement shall be distribute� an the channels wh�s� us� is authorized by th�s agreernen�. Thi� paragr�ph sha�l not be interpreted to restrict other d�stributian s� �ong as such �th�r distribution is consistent with any pert�nent guidelines esta�lEshe� in the PEG access a��rat�ng pali�i�s and pr�C�dur�S. 8.4 N��nsorsh�p �t is the TaVIlN's intentEvn th�t th�r� be na cer�sarship af pr�gram cont�nt on th� part af the T�1�UN. �E�MEDIA shall haWe c�ntr�� af the �rogram content t�the extent allawed by appl�cabl�f�de�al and �tat� law. LEXMED�A shall ke�p fa�ilities� se��i�es, and channe�s�pen to a11 �atential us�rs r�gardl�ss af th�ir �i�wpo�nt, �ub�ect ta F�C r�guiation� and other rel��ant lav�s. I]�. EQUIPMENT AN� FA�ILITIE� 9.1 Us�af�lin� Hall Fa�ility and E�uipment Ir� �rovidi ng services unde�th is Ag�eementr LE�M E�]�A sha I I have the use�f�he Kline Ha II fac��ity i n ac��rdance w�th the��rms of the su�lease executed by the T�wn and LE�MEDIA and dat�d Januar�r, ��8. LE�MED�A shall �1s� h�ve th� us�of a[r equipm�nt and furni�hings �r��iou�ly purchased by LEXMEDIA and that�re the prop�rty�f the T�VIlN. Sh�uld the facilities a� Kline Hall �ecome unavailable and LE�MEDIA is unab�e to utili��the space ��r th�terms af the subl�ase� the T�INN may terminate this A�reement for cvn�enience an� LE�MEa�A shail underta[�e �II �f the st�ps ��st�d in Par��raph 4.1 ab�ve. 9.� C�wn�rsh�p and Re�or� af Purchase Any e�uipment and furnishings pu�ch�s�d by LE�MEQIA with fund5 provided pursuant t�this agreement sh�11 beca�e�I�e praperty of the T�U1�N. LEXMED�A shal� keep on file a c�p}r of each �nv�ice d�s�ribir�g equipment purchased and sh�ll execute �r�y do�um�nts requested by the T�V�lN to indi�at�the T�V1lN's ownership of su�h equipment. In �r�er to en�ur� best value, LE�MEDIA shall fo�l�w�aund business pr��ti�es. a nd �ha 1 I �m p�oy com petiti�e p��curement m�th�d��u�h a� q�ate sol i citations a nd Qbta i n i ng multipie �ids, whenever appropriate. Natwithstanding the foregoin�, LE�MEDIA shal! giWe the T�VIlN twenty��4} busin�ss�ays'advan�e writt�n nat��e of its intent to purchase any equipm�nt�� excess of $�5,000.0�. �f LEXMEDIa does n�t receive writt�n obj��ti�n from the T��IN within twenty �� bu�iness days regarding such intend�� purchas�f LEXMEDIA may purchase su�h item, p��Wided that su�h �t�m is pr�mptly list�d �n th� quarterly equipment list as requi�e� herein and �s w�thir� th�appraved �apital � ; r f budg�t far the year. �n the e�ent�f�mergen�y situatian�wher� b�oadc�stin� is, or threat�ns t� �e, �ompromised, such equipment may b� purchased �rvith verbai ap�ro�a� af the Town Man�ger. 9.3 Saie �f Equipm�nt N�equipm�nt with an initial purcha�e pr�ce�f$i�� or mor�shaif be said, otherwise transferr�d� or d�scarded �vith�ut the prior writt�n appr��af of th�T�V1�N. �.4 Maintenan��and Insura�ce LEXMEQ�A shalE be responsi�le f�r r�pair ar�d rnaint�nan��f a!I equ�pm�nt durin� the t�rm her��f and to insure such equipm�nt as fur�her provided �nder Pa�a�raph�II here�f. Tf LE�MEaIA dete�m�n�s that equipment ar other�roperty cannot be repaired� LE�ME�IA shal[ abtain w�itt�n �ancurr�nce from th� T�1NN prior to �ispasing �f the equipment ar ather pr�pe�-ty. X. PAYMENT Tn exchange for pr�vidin� serv��s under this A�reernent� LE�MEDIA v�ill be compensated in the amoun�s as shown �n the�urr�nt s�hedule of paym�nts attached as E�HI�TT B. ]�I. INDENINIFICATI�N AND LIABILITY LE�MEDTA h�re�y releases and covenar�t�t�defend and hold harmless the T�VIIN, it� afFic�rs, �gents, �mp�ayees, �A� members, representati�es, and valunt�ers of and from an}�ar�d all caus�s�f actions, elaims, demands, damages� co�ts, fasses�f service, exp�n�es and �ompensatiort �n acc�unt af�r in �ny rnray arising from, d�rect�y or in�ir�ctly, persana� injuries or praper�y damage resulting from �r�la[med to result from ar�y act or omission �f LEi�MEDIA� [tS �fF1C�r5r �mplayees� �olunteers� ag�nts, repr�se�tat��es and �n�it�e�� re�at�d t� LEKMEaIA's activiti�s, �p�rations, an�i its �ro�isi�n �f�ab[e televi�ion ac��ss s�rv��es pursuant to this A�r�ement, un�ess du�s�fely t�a�ts of cammissi�n �r omi��ian by the T�WN, 1tS afFiC�:�'S� agents� emplo}�ees� CaC r��mh�rs, �epr�sentati��, and v�lunteers. LEXMEDIA furth�r a��es ta prvtect an� d�fend the T�WN� 1t5 O�fC�'I'Sr agents� ��prese�tatives� employe�� and CA� mem�ers against an}�clairn for�lamages� �Q�ts, los��f se�-vice, expens�s and campensation, or ather claim r�sultin� fr�m ar�la�m�d ta resuft from activ�ties undertaken �y LEXMEDIA, its �ffi�er�,empl�yees, ag�nts, representatives,vofunt��rs, and in�it��s an� to indemnify, reimburs� �r make g�ad to the T�11VN, its officers, agents, representatives, and empl�yees any [o�sf damage �r �ost� including attorneys'f��s, the T�1NN� its�ffi��s� �gents, r�pr�s�ntat��s or�m�la}�ees, may ha��to pay if any claim aris�s fr�m such activities, unless due s�lely t�a�ts of�ammission ar�mis�i�n �y th�T�V11N, it� officers, ag�nt�, employees, CAC members, repres�ntati�es, an� v�lunteers. �CII. INSURAlV�E 1�.1 �o�erage for Term �f�ontract LE�CMEDIA shaf Ir at all tim�s dur�n� th�term af this A�reement maintain profess�onal liability�nsuran�� omparable t� broad�a�t liabilit�r insurance and cornprehens�v� publi� liabi[Ety ir�surance, ►lvhich shall �n�lu�e the bro�� f�rm c�mpreh�ns�ve�eneral liabifity endars�ment�ov��ing LEi�MEDIA's activiti�s� includ�ng� �ut n�t limited to, canstruc�ior� of access facilit�es, op�ratians and it� pr�Wi�i�n af cable ac�e�s televisi�n ser�ices pu�s�ant t�this►4�r��r�ent. Such �olicies shall be written �y a r�spansi��e camp�ny qualif�d �nd admitt�d to do bus�ness in Massa�husetts and �n go�d standir�g therein. Th� �olicies pravid�d far herein �hall speci�i�ally c��er the indemnity �ro��si�ns �n th� preceding Se�tion. � , . • LE�CMED�A shaf I be�4nsid�r�d in def�ult of�h�s agreement if any of the re�uired insuran�e�o�era��s �xpires, laps�s ar is other�ise not valid� 12.� T�WN as e�-Insu red or A�d itiona f Insu re�l The T�11VN shall be nam�d as a �o-in�ure� �r additionaf insur�d on all afarementianed insuranc� c��age�. All insuranc� certificat�s sha[I prQvi�e th��the ��li�ies shall nat b��an��I�d w�th�ut at I�ast thirty�3�� days writt�n noti��t�the T�1�1N. 12.3 Notifi�atian �f Caverage LEXMEDIA shal� deposit with the T�111�N �opies of�ertificat��f insuranc� naming th�T�WN as ar� additional insur�d within ten (1Q� days of the e�ecution �f this A�reement. A�tu�l certificates af ins�r�n�� shall be deposit�d with the T�WN within th�r�y�3D} day��f th�dat�of this agreement, and ther�after wi�hin ten �1�� days �ri�r t�the��pira�i�n �f any su�h pol�c�e�, LE�MEQIA�hall depo��t copies of success�r c�rtificate� af insurance v►�ith the T��lIIN on an annual basis within ten �1�} da}�s�f ren�wal of p�[icies. 1�.� Insuranc� �ave�age � �am�r�her�si�e Lia�ility Tnsurance: LE�MEDTA shall obtain c�mprehensive liability coverag� inciud�ng prot�c��ve, completed operations and �roa� f�rm eon�ractuai liaa�lit}r� pr�perty damage and persQnal injury co��rager and c�m�r�h�nsiv� autom�bile Iiability incf uding �wn�d, hiredf and non-owne� au��mo�ile cove�age. The cv��rage shall in�lud�th�Town af Lex�ngtan as an addi�i�nal insured and amaunts�f su�h insurance shal� be as f�ll�ws: �1� bodi[y injury in�ludin� death, $ira��,�� for�ach �ers�n, o��urrence and $�,Q0�,0�� a�gregate; �� proper-�y damag�� $1,��,�� for each ac�urr�nc� and $�,��,��aggregat�. Equ�pment Insuran��: Replacement cost insurance co��rage shall be maint�ir��d on all equipm�r�t and f�cilities includ�ng fi�tures, funded in �hol�or in part under this Agreement. �nsuran�e sh�ll �n�lude, at a minimum, insuran�� against loss or damage b�y�r�d the us��'s cantrvl, theft, fire �r natural catastrophe. 1Norkers'�ompensati�n �n�uran�e: Fu111N�rker�'�ompensa�ion Insuran��and Employer's L�ahility with fimits as required by Ma�sachusetts lav�r. Br�adcast�n� Err�rs and �m�s�ion In�u�an�e: �nsurance shall �e maintained to cav�r the content af product��ns irvhich �re broad�ast on th�ac�e�s channels in, at minimum, the fo�l�wing areas: libel and �Eand�r; ��pyright�r trad�mark infrin��ment; inf�i�ti�n of�motivnal distress; invasi�n af pri�acy; p1a��arism; misuse af musical or literary m�t�rials. This p�licy shal[ nvt b� required to�a��r in�iWi�ua� acc��s produ�ers. �III. MI��ELLANE�U� RR�1rISI�N� 1�.1 Su��essors and Assigr�� Su�je�t to the pro��s��ns�f Sect�on 1Z.�� be�vw, the T�V11N and LE�4MEDTa each binds its��f, it� partn�r�, SLl�C�SS�rSr ass�gns� and lega! representative�to th� other party. 13.2 Assigr�m�nt by LE�MEDIA LEXME�IA shall n�t assEgn� subl�t or transfer any af its�bl�gations� r�sp�nsibil�ties, rights or interest� �in�iuding, w�th�ut limitation, its right t� receive any m�neys due h�reund�r� under this Agr��mer�t 7 f � 1 without th� written �on�ent af th�T�111lN. Any assignment, sublettin�� r tran�fer by LE�MEDIA in �ialation of this Paragraph shall be v�id and with�ut force ar efi�e�t. 13.3 Entir�agreem�nt Th is Ag r��m�nt��pr�s�nts the�nti re a nd i nt�g ra��d a�r�em�nt betw�e n the T�V11N a nd LE�M EDTa with resp�ct to th�subject matter hereof and sup�rsed�s aIf prior n�gatiat�ons, r��r�sentations or a��e�ments, wh�ther vuritten �r oral. This a�r��mer�t may �e am�nded vnly by�r�tten in�trum�nt s�g ned ay bvth the T�11�N a nd LE�M E DIA. 13.4 �ontra�t Mon�t�ring T�is Agr�ement shall be monitared �y the CAC und�r the d�rectian af the To�n Manag��. 13.5 Limit�d Liability Na affic�r, dir�ctor, m�mber, officEa�, em��y��,�olunte�r p�rti�ipant�r other�rinci�al, ag�nt�r repr�sentativ� �wh�the�d�sclosed or undi�ciosed} af th�T�VUN� nor any particip�nt w�th the T01NN� shall be persanally Iiable to LEXMED�A hereunder� far the T��lI1N's paym�nt�blig�tions�r oth�rwise, LEXMEDIA h�reby agr��ing to loak s�f�[y to�he ass��s of th�T�WIIN for the satisfaction of any IiabiIity�f the TQWN hereunder. Yn no�v�nt sha I I t��T�V11N �v�r b� [iabl�tv LE�M Ea�A f�r i ndir�ct� incid�ntal ar �onsequ�n�ia� �amage�. No affi��r� dir��tor, member, afiFi��a�, emp[ay�e.Wolunteer parti�ipant Qr oth�r principal, a�ent�r r�presenta�i�� wheth�r d�sc[ased or undis�Iosed} �f LE�MEQ�A� n�r any par�i�ipant w�th the LE�4MEDIA� sh��l b� pers�na�ly liab�e to �he TUWN hereunder� for th� LExMEDTA's payment�bligations ar�therwise, the T�WN he�eby agreei�g t� �aok sale�y t�th�a$s�ts af LE}�MEDiA for th�sat��fa�t�an af any liability af LE�MEDYA hereun�er. In r�o�we�t shall LE�MEDIA�ver b� liab��to the T�WN for indir�ct, in��d�ntaE or ��nse�u�ntial damages. 13.� Gav�rn ing Law Th�s A�r�ement shal� be gaverned by the la�s of the �ammo�weafth of Ma�ssachusetts. 13.7 No Vll�iv�r The T�111liU`s revi�w� appro�a[r a�ceptanee or payment for servie�s und�r this agreement�hall n�t �p��at�as a waiv�r�f any r��hts un��r this Agr�ement and LE�MEDIA shall be and rem�in liabie to ti�� T�1NN f�r�II d�m�g�� ncurr�d by�he TD1NN a�a result of LE�MEDTA's failur�to pe�f�rrn �n canf�rmance w�th th�terms and canditions of�his Agr�em�nt. Th� r�ghts and remedies�f th�T�1lVN prQvided for un��this Agreement are in �dditi�n t� any ath�� rights �r remed��s provid�d by latirv. The T�1NN ma}r assert a right ta rec��er dama�es by any a�propriate m�ans, inclu�ing but n�t limited t�set- off, suit, withhaldin�, r��ou�ment� or c�ur�t�r-claim eith��d�rir�g ar after performanc�of this a�r�em�nt. 1�.5 Int�rpretatiQn Tf any provision of this Agreem�nt shall ta any�xtent b� held in�alid ar unenf�r�eable, the r�ma�nd�r of this Agr�ement shafl not be deemed affec��the�eby. Paragraph headings are in�luded he�ein for referen�e purpos�s�n�y and in no way d�fine, limit or des�ribe the s�ap� or intent of�ny�f the prvvisi�ns of th�s agreem�nt. � . iCIV. E�UAL E M PL�YM ENT�PP�RTU N ITY i4.1 �n cann��tion with th� performan�e�f th�s�rvices un�er this Agr��ment, LE�NiEDIA shall not dis�rim�nate �ga�nst any empl�y�e ar applicant for employm�nt ba�ed an ra�e, col�r, relig�ous cr�ed, nat��nal �rigin, ancestry, s�x, gend�r i�ent�ty� age, criminal record �in�uiries only�, handi�ap �disabilit}r}, mental il[ness, retaliati�n, se�ua� harassm�nt, sexual arientat��n, acti�� military personnel, or g�netic�. LE�CMEDIA shall p�st in ��nsp«�ous places, availahi�for emplayees and applicants for em�loyment. natices t� be pra�ide� �y th� Massachusetts �ommiss�an Aga�nst Discriminatian, sett�n� for�h the pr�Wisions of the Fair Emplayment Pra�ti�es Law�f the Camm�nw�alth. 14.� In conn��t�on with th� perf�rmanee of the s�rvices und�r this A�r��m�nt, LEXMEI3TA sha11 n�t discriminat� �n its relationship�with s��contractors or sup�liers on th� basis �f rac�, cal�r, religiaus �reed� nati�nal ar�gin, ancestry, sex, gende� identi�y, age, �rim�nal recard �inquiri�s only�, han�icap �d isa b�I ity�! menta� i I I n�ss, retal iation, sexua I ha rassment, s�xua I �rientation� a�ti�� m ilitary persan nel, �r g�n�tics. �4.3 LEXMEDIA shall �omply with all applicahl� law�and r�gu�ation� pertair�in� t� n�ndis�rimination, equaf opp�rtunity and affirmatiWe ae�ion, [ncluding w�thaut limitatian ex�cutive vrd�rs and rules and regulati�ns af federal and stat�agenc�es of competent juris��tion. �LV. �ERTIFI�ATI�NS BY LEiCMEDIA By��cecution of this Agreement, LEXMEDIA�ertifi�s that: 15.1 LE�MEDIA has nat given, offered �r agr�ed to giWe an�person, carporation or other�ntity any�ift� c�ntri�ution �r off�r�f employm�nt as an in�u�ement for, or in connectian with, the aw�rd of this Agreement. 15.Z N� Subcontra�tor Qr sub��nsultant t� LE�MEDIA has�iW�nf ofFered ar agreed ta�ive any gift, ��ntri�utian ar afF�r�f empl�yment t� LE�4MEDTA or t� any oth�r per�on, c�rporatian, or entity as an in�u�ement f�r. �r �n c�nn�cti�n with, the aw�rd of a �ontra�t by LE�MEa�A t� su�h subcont�actar�r sub consu�tar�t. 15.3 No persan, �orpora��an or��her entity, other th�n a b�na �ide full tim� employee of LEXMED�A, has b��n reta�ne� �r hire� by LEXMEDIA to��icit for or in any way assi�t LEXMEaIA in obtaining this Agreement upon a�r��ment�r un�erstandin� that such p�rson, c�rp�ration �r oth�r�ntity be pai� a f�� r�ther c�nsideratian contingent up�n the award �f thi�Agr��ment to LEXMEDIA. 15.�4 LE�MEC]�A sha11 �om�ly v�rith all ap��icabl� requir�ments�f 5��tion 39R af�hapt�r 3�Qf the Mas�achu�etts�enerai Laws. �11I.TA�CE� By ex�cution af this A�reem�nt LE�MEDTA� pursuar��S�ction �9A�f Chapte� 5��of the Massachuset�s G�neral La�s, cer�ifi�s und�r th� p�nalti�s of perjury tha� it has,to th� best knowl�dge and ��lief af th� per��n�s} wha h�v�sign�d this Agr��mer�t on LE�MED�A's ��half�file� all state t�x returns �nd p�id al! stat�taxes required un��r law. � � . � �11II� ��NFLI�T�F INTEREST LEXMED�A a�l�n�wl�dges that th�T�WN is a municipality for the purposes of�ha�t�r 2�$A Qf th� Massachusetts G�n�ral Laws �the Ma�ssachu�etts can�lict of int�re�t�tatute}� and LE�ME�IA agre�s� as cir�ums�ances r��uir�, to tak�a�tians and to farbear from taking action��o as to be ir� ��mpliance at a11 t�m�s with �bligat�ans af LEXMEDIA h��d an s�id statute. IN WITNESS 1lVHERE�F, the parti�s hereta ha��ecut�d this Agr�ement as af the first date wr�tten ab�ve, Lexington Cammunity Medi� �enter T�WN �f LexEngt�n � Digitally signed by � ��James 5haw �a��17ate;�D��.�T.30 ��,I; i 5:�5:�8-6�1'06' Jam�s Shaw� �hair Ja s Ma!l�y,Town anag�r Approv as to the aWailability of fund�; F ! � Ca�olyr� I��s , �omptrol�er la a � ' 1 Exhi�it A ��1�E QF SERVI�ES LEXMEDIA sh�ll pr�Wi�e th�f�1l�wing s�rvices to th�T�WN. I. PR�GRAMMIN� RE�UIREMENTS I.1 Rubl�c Acce�s P��gr�mminq: LEXMED�A sha�i pro�ide for pu�lie access �ro�ramming an� distribu�ian in compliance with all appiicable stat�and f�deral statut�s an� regula�i�ns. The c�mpanents �f Pub[i�Ac�ess PrQgramming sha[1 in�lude the fallowin�: a� Training in tele�ision productEon and m�dia cammuni�atiQns b� Te�hni�al sup�art t� pro�u�ers c} Access to equipment and facilitie� needed t� pro�u�e su�h programs d� Access ta tim�slot� on chan�e�s proWided ��r broa��asting af programs �} Maintenan�� of the program s�h�dule t} Mair�tenanc� af equ�pm�nt n�ed�d t� �roduce such �ra�rams g} Promo�i�n of pragrams �.Z Edu�ational Access Programmin�: LEXMEDIa sha�l produ�� Edu�ational Ac��ss programmin� pursuant t� pol�c�es and gu�delin�s mutually agreed upon ay LE�MEDIA and th� Le�cington Publ�c Schools, and assum� su�h othe� resp�n�ibiliti�s related tQ this producti�n as LE�MEDIA and the Su�erinten��nt of Sch�ols may mutually agre� up�n. �ther educationa� pra�ramming sha�l be broadcast by LE�MEDIA after priority i�g�ven to pro��mming related to the Lexingt�n Pu�fi� S�ha�ls. The c�mpanents�f Educati�nal A�cess Programming shall �nclude the fallowing and sh�ll b� pro�ided thraugh a c�mbEn�t�an �f LE�MEDYA's paid �tafF and �olunteer�: a} Produ�e and broad�ast pro�r�ms ab�ut the ack��ities and event��f th� Lexington Publi� Sch�ols including, but not limited t�, �chvlastEc affairs, sport�, performing arts, sciences� a�ademic competitians and �ommunity edu�ation. b) Br�ad�ast student pr�du��d pr��ram�. c� Recruit and superv«e students for �nt�rnship�at LE�MEaTA. d) At LEXMEDIA's d�scret�vn� p�aduce and broad�ast L�xingt�n Public Schoals PT� rCl��tln�5� and pr�grams ar�d a�tivities of ath�r educatEonal institu�ions in L�xin��on. 1.3 Go�ernmental A�ces� P�o rammin : LE�MED�A sh�[f pradu�e G�vernm�ntal A�cess pr��ramming i� �onsultatian with th�Tawn Manager and as�um�such ath�r res�onsibilities r��ated to this praductior� a� LE�MED�A and th� Tawn Manag�r mutually agree upan. LEXMEDIA sha11 braa�cast a�l annual an� speci�l Tawn M�etin�s, th�Town M�eting Members'Assaciation �TMMA� public informationa! meetings heEd prior to Tawn Meetings� and all r�gularly scheduled rneetings of th�S��e�t g�ar�, �ch��f ��mmittee and Plannin� 6��rd. Such �roadcasting shall include an initial live br�ad�ast whenever te�hnE�ally feasibl�, as well as a� I�as�three subsequent broadcast�of each GoWernmental mee�ing with�r� a �v��l�� at varyin� times of day and on diff�rent days. All such repeate� br�a��asts shall b�shown 11. f i a . t � beginn�n� betw�ert 8:�4 AM and 10:0� PM. All Gavernm�nta� m�eting� broad�ast hy LE�MEDIA shall b� rr�ade a�ailable an-D�mand, in ac�ordance with Paragraph 7.�, b�low. Vllhel� fea5�ble� any me�tin� �road�ast live shall afs� be�tr�ame� �i�e o�er the Internet. LE�MEDIA�hall �lso r��r�, braadeast and �r��id��n-Demand c��rage 4f reguIarly sche�ul�d rneetir��s and ��mmun�ty ev�nts in additi�n ta thase de�cribed a�o�e, giv�n a�prapri�te advan�e n�t��ta s�hedule staff and �quipm�nt. LEi�MEDIA�hal! �e r��pan�ibl� for mQnitoring th�T�wn Cle�k's pvstings �f rneetings ta det�rmin�the dater time and loc�t��n af m�et�ngs t� be �r��dcast, includir�g. a� Baa rd of Appea Is b� H ist�rica I C�m mission c� H�storic Distri�ts�ornmiss�on d} �ans�rvation Commission e} �th�r�avernmenta[ meetin�s a� r�quest�d ay the Town Manager ar his�h�r re�resentatEve, �r by T�l�llN Board an� ��mmitkee Chairs, subj�ct to the a�ai�ability of LEXMEDIA s�afF and equipm�nt. For the initi�l t�rm of this Agr��m�nt, th� number af Go�ernmental m��tings ta b� br�ad�ast is �stimated at, but is nvt iimit�� t�, 9� m��tir�gs �er year, LE�MEDTA shall mak� reasonabl�efforts to a��omm�dat� r�quests fr�m tf�e Town Manager that a m�eting be �r��d�ast li�e that wauld o�h�rwi�e be r��orded fa� �at�r br�ad�asting. II. C�MMUNITY BULLETIN �DARD �.1 LEXMED�A shaf I proUide a C�mmunity 6ull�tin B�ard syst�m �"CBB'"� �n a�l access channels for the purpos�s of announ�in� programming and �able tel�Wis�on access seru�ce�, m�kin� � pubiic se��i��announ�emer�ts, �nd ailow�n�T�1NN d��artments�the public schao[s, non- pr�fits, and �i�i��roups to make cer��i� ann�un�ements� or for such oth�r �urpas�s deemed r�as�nably nec�ssary�r appropr�ate. 2.2 LEXMEQ�A shall tak�care to �nsure that the ann�uncem�nts on the aul�etin baard ar� up�at�d regularly and appropriat�ly so that�t fun��ions efficiently and that th� inf�rmation provi�ed to�he publi� is a��urate and timely and adher�s to appficabie federa! and sta�e �aws and r��ula�ians. Z.� The �BB sha[! be s�heduled as a program at� minimum of twice a day�nd �hall als� play b��we�n �ragramming. III. �UTREA�H 3.� LE�MEDIA sha[I past th� upcoming w��kly pragramm�n� schedule�n LEXMEDIA's�ebsite, a nd on LE�M EDIA's�BB. 3.� LE�MEDYA shall �ssue p�riadic pr�ss releas�s to th� �o�a[ media ��.g., l��al newspap�rs and an�lin� pubiications� infarming r�si�ents �f Lex�ngton about the m�ssion of LE�CMEC�IA� ir��luding d�scriptions�f its�hannels, and ad�ertising training and p��du�t�ar� appor�unities. �n addition, LEXMEaIA shall ad�ertis�su�h training opp�rtunities �n �t�website and socia� med ia Ri�tFa�ms, i n the seasana[ Lex�ngton �om m u n ity Ed ucation hroch ur�a nd on the L��in�ton Li�t email lis�. 3.3 LE�MED�A mana�ement sha�� attend angain� canferences� �Easses and work��ps in PEG managem�nt and �abfe a�c��s te�hnola�y such �s those hel� by the Allian�e For Cammunity Med[a, Mass A�cess and oth�r pr�fe�siona�l �roductian �r�an�zati�ns. LE�MED�A's stafF shal� �� also attend regianal technical and tra�e shaws a�d other�du�atianaf vpportun�ties as time �nd �esour��s al[ow. LE�CMEa�A�taff sha�� o[�ab�rate when ap�r�priate with �E�Access pro�i��rs in th� region, with the g�al of�r�ating m�r� PEG►�cc�ss oppor�unities for th� L�xingtan ��mmunity. 3.4 as part�f the angoing outr�ach initiatiWes, LE�MED�a's stafF sha[I hold open houses, �ttend c�mmunity��nts, and engag�directl�r with ��mmunity g�a�ps. 3.5 Ea�h y�ar, LE�MEaIA shal[ hald multipl� series of class�s to t�ain memb�rs. Ea�h s�r�es shall inc�t�d�the orientat�on c�as�, portab�e pr�ducti�n class, studio productian class and editin� c��ss. 3.6 LE}�MEa�A shall afFer training to the T�v�rn of�exington Saards and �ommitt��s as w�[� as Tatirvn Staff. This trainin� �hall �nclude instru�tian abaut �r�per microphone usag� and �est practi��s for holding a m�eting as a TV pr�du�ti�n. This instruction shall b�afFere� as needed �r requested by the T�WN. LE�MEDIA�hall r�c�rd su�h training sessions for�iewing th��ugh the On-�Demand capability on LEXMEa�A's websit�. Tra�ning shall be arranged through the Town Manager's office. 3.7 LE�CMEDZA shall continu�t� �e�elo�an� maintain a �ebs�te that pravid�s�ntern�t��ess ta streamin� a�r LE�MEaYA's PEG�hanne�s, access to On-a�mand programmingr s�h�dul�� of up�omin� pro�r�mm�ng f�r all three FEG channe�s at�east�ne vv��k int�the futur�, and lists training and volunteer oppvrtunities ava�labl�at LE�ME�IA. IV. P�LICIE�AND �PERATI�NS 4.� The LE�M ED�A B�a rd of ai r��tor�. with the a��i�� a nd �au n�el of the Exe�uti�e Dir�cto�of LexM��ia� shall manag� funds�esignated far PEG A��es�t�levisi�n, s�hedul� PE�A�ces� br�adcasting, man�ge an� maintain PEG a�cess fa�ilities and �quipm�nt, and be responsible for�nsuring an ac�e�tab�e le�rel of technical quality af all pr��rams broadcast on its sy�t�m, pursuant ta FCC regulati�ns. 4.� LE�MEaIA shall d�v�l�p and maintain irvritten ap��ating �olicies and prac�dures gav�rnin� its financiaE operations, pers�nnel, mern��rship, tra�ning r�qu�rem�nts, �olunteer�u�er�ision, management of a��ess faciliti�s and �quipment, �utrea�h ac�ivit«s and the fr��uency and schedu�ing of pr�gramming. The LEXMEDIa B�ard of Dir��to�s shall periodi�aliy revi�w and mak� im�rov�rnents to su�h palicies and pro�edures as they deern appr�priate. LEXMEDIA shall mal�e �uch p�iicie� and procedur�s avai�able to the TO1NN up�n request�f the T�wn M�nager or th��hair�f the CAC. 4.3 LE�MEaIA shall actively r�cru�t and train �alunteers. Paid �tafF shaf� be �e��on�ible f�r supervi�i�n of all ��lunteers v�hile such volunt��rs ar� in th�stud�a or on locati�n. LE�MED�A shall develap and pub�ish on its website standards and protocols for�olunte�rs �arti�ipating in th� production of Pu�[ic, Educatianal �r G�vernmental programmin�. 4.4 Any individual �vork�ng with LE}�MEDIA equipm�nt and/or providing LEXME�IA with cantent sha�l meet the f�llawing �equirerr�ents: 1} be a m�ma�r af LE�MED�A Z} be trairted on any equipm�nt t� �� u�ed 3} hav�accept�d LE�MEDIA's valunte�r guidelin�s� and �� b� superv�sed, as a�prop�iate. �-.� LE�MED�A sha�l b� held responsible �n� liable for acti�ns of�alunteers and sha!! �ur�hase insurance in c�vera�es and amounts re�uire� under Section X�I of the L�x[ngt�n �able Access Agr�ement ��tv�reen the TaWN and LE�MED�A of whi�h thi� Exhib�t is a part. �.� Upon r�qu�s�f�om the Tawn Manager, LE�MEazA direct�rs and staff shall mal�e themselves availabie ta a�vise the T�V�lN on matters can��rning PE�Acce��. �. RR�GRAMMIN� L�� 3 i I 5.� LE�ME[3�a shall maintain a I�g af al! pr�gramming br�adcas�on the PE� chann�ls, and a r�cord of PE� pr�d ucers. L�gs sha 11 �e avai lab1�f�r pu bl ic i nspectian a nd r�ta ined �y LE�MEDTA f�r a minimum of thr��}��ars. �I, L�1VG TERN! qFF-�ITE ST�RA�E 6.I Br�ad�ast qua�ity c�pi�s of al� Puhlic, Edu�ational and Gove�nmental Pr�gramrning f�r wf�ich LEXME�IA hQlds c�pyright shall �e stared in the LEXMED�A Sac�Cup Ar�hi�e Server for permanent ret�nti�n. LExMEDIA�ha1� mak�rea��na�[e effor�s t� ensur� �uch programmin� is capied t�th� Backup Ar�hiWe S�rver within one weel�of its recor�ing date. �.2 Th� Backup Archi��S�rv�r shal� be lacated at a� fa�ility�hat�s sufficiently separated fr�m the Primary Videa Server in Kline H�11 so that it�s is�lat�d from th�eff�cts of fire, �f�od, and �th�r disasters that m�y threaten the Primary Vid�o Serv�r. This �� n�t meant t� �-equir� rec��e�y from large s�ale �state- o� r��io�-w�d�} disasters. �.3 LE�MEDZA shall de�elop and maint�in a me�hod of restoring content from th� Ba�{�up Arch�v� to th� �ri m�ry Video S�rver. LE�M EDTA sha I I ma k� reasvna�[e effor�s to restQre cont�nt ta th� Primary 1lideo Serv�r within ten business days in the event of a failure. �.� All �on�ent in th� Ba�kup Archiv��all �e retained for the life af this or any succe�sar�a�l� A�cess A�reem�n� between the T�V1�N and LE}�MEa�A. LE�ME�rA shal! empfoy industry best pract�c�s t�ensur�th� �ont�nued lang�t�rm a�ailability�f th� c�nt�nt of th� B��kup Arehiv�. VII. �N-DEMAND AC�ESS T� RR��RAMMING ��NTENT 7.1 LE�MEDIA shall maintain an �n-aem�nd sear�hable st�rage fa�ility for streaming �Wer the �ntern�t pragramming ��r whi�h LE�MEDIA h�lds�opyrig�t. LE�{MEDIA shall u�e an �n- D�m�nd content mana�em�nt system that is �vailable far ac�es��ver the �nt�r��t�4 hours a day, ?days a ►nr�ek. The system shall alsa �rov�de redun�ant affsite ba�kup that is maintained for�h� iif�af the A�r��ment. 7.� �overnmer�tal mee�ings shall b� made availabl��n-Demand no lat�r than the time of frst broadca�t of a r�corded me�ting, �r th�tim��f the first r��at braa��ast af a meet�ng that is initially br�adca�t[ive. �overnmen�al me��n�s sha�1 r�maEn avai�abl�f�r a peri�d of at I�ast 18 manths. All ather programm�ng ��nt�nt shall b� made available�n-Demand n� later than �ne week after in�tial br�ad�ast, an� shall remain ava��a�l�f�r at I�ast s�� months. 7.3 All programs in th��r�-Demand system will be indexed s�that they may b� dis��v�red by u�ing a s�arch mechanism. The degre� af indexin� af pro�ram�`rvill vary from Just th�title of th� pr�gram �typi��lly for Public and Edu�atianal �r�grams� tv a medium le�e! �f d�tail describing the se�tions af th� pr�gram, such �s a m��ting a��nda far�av�rnmental pr�grams wh�r�the event is a T�1NN public m��t�n�. Acc�ss shall b��ithe�thr�ugh the go��rnm�nt�l �ady m�eting Qr the specifc topic. Use�s shaf! be able t� proceed �ui�kly t� the ag�nda item ar ath�r sec��n to b�Wiew�d. �n�tructEan� sha�l �e p��vided for users of C�n- l�emand ar�d inde�ing. 7.4 LE�MEDTA will perform �h�tasks needed to�a�tur�and enter th� �nfarmation to allow searching the �Qntents�f the �r�-�emand archiv�a� n�t�d in th� m��ting ag�nda. Th� T�WN and LE�{MEaIA wi[� develop a reas�nabl� process f�r capturin� ind�x points and transmitt�ng th�m t� LE�MEDTA. �� I � � 7.� �n th�ev�nt of a fa�lure af the C]n-D�man� systerr�, LE�MED�A w�ll make e��ry efifflrt ta restare p�oper op�ration of this systern within thr�e busin�ss days�f�iscov�ry of the f�ilur�, �7.G Any pra��amrrring rem��e� from the �n-D�mand system shall �e retri��abl�on re�uest to LE}�MEaIA f�r the life af th� Lexingtan �abl�A��ss Agreement b�tween the T�VIlN and LE�CM E�IA. VIII. FQ�ILITIES AND E�UIPMENT �.� LE�MEDIA shall b� r��p�nsible for managing and maintainin� the fa�iliti�s at I��ine Hall, in accordance wi�h the 5ubiease�f Kline Hal! by LEKMEDIA f��m �he T4VIlN, for PE�A��ess purp�ses und�r th�s Agre�m�nt, ��c�ept that LEXME�Ia shall n�t �� r��uired to pay for the us��f T�VIIN or S�ho�l fa�i I ities used for PEG Acc�ss pu rp�s�s. 8.� LE�MEDIA�hall tak� what�v�r precau��ns are n�c�ssary to p�otect all I�aned an� owned property. �n particular� LEXMEDrA shali maintain a syst�m �f n�nWr�moWabl� identi�y tags on al� ��uipment ar�d an inv�ntory fog �f afl ��aned and �wned e�uipment so�hat th� whereab�uts af each pie�e�f equipment is known at all tim�s. The T�UVN reserv�s the right to Werify inWentory at any�aint�luring the ag�eementr �ft�r givEng LEi�MEaIA at least thirty d�ys noti�e of its intent t� do sa. 8.3 LE�MED�A shall pr�vide public a��es� �roduction s��viees t�those wha live,wark or attend s�h��l in L�xingt�n �n a first c�m�, first serv�d, n�n-discrim�r�ato�-}r basis� us�ng LEXMED�A's faci l ity, �q uipment, stafF a nd oth�r res�u r�es as LE�M EC��A deems n�c�ssar}�a nd ��propriate t�fu[fil[ c�mmunity a��ess needs. LE�CMEDIA shaf I provid� public access productian s�rvic�s t�thas�wh� d� not meet the�e�riteri� �nly at the discretian of the LE�MEDZA Ex�cut�ve Dir�ctor or the LE�MEDIA B�ar� of D��ectars. Any�ne using LE�CMED�A�quipm�nt and faci�itie� must first be tra�ned and prequal�fi�d. S.4 LE}CMED�A shall �oardinate with the T�UIlN's D��ct�r nf Inf�rmatian Techn�lo�y and th� D�r�ctor of Facilit�es, as a�propriate, an th� inventor�, upgr�d�s, ma�ntenance, and s�curity of equ�pment and c�mmunicati�ns �via network�r other wirel�ss me�ns� �n T�U1lN �uildings used for video pro�ucti�n and �rogram �rigination. LE�ME�IA sha11 �Qap�rate with the Department�f znfarmation T�chn�lagy in maintaining and operating the ofF-site Backup Ar�hi�e Ser�er��r appl�an�e�. I�. RE��RTING REQUIREMENTS: �.1 LE?�MEDIA sh�ll pr�vi�e quar�erly ar�d y�ar-ta�date op�rating and fir�anc�al m�tric$t�the Tawn Manag�r within 30 days after the end of each fiscal quarte�, usin� the f�rmat shown �r� Exhibit C. LE�MED7A shall provide e�pianati�ns for any�eviati�ns fram tar��t Qr audget. �.� LE�4ME�IA shall also pr�vid� an annual rep�rt that includes audit�d financials and an ��rview of the majar accom�lishments an� p�ogramm�ng services praWi�ed during the pre�e�ing fis�ai y�ar. 9.3 All report� �hall �� access�bl�to th� pu�lic through the LEXMEDIA w�bsi�e. �. RERF�RMAN�E ASSE�SMENT�: 1�.I_�u�r��r�y R�yiews �IVith�n 3� days of re�ei��af LEXMEDIA's �uarteriy re�ar�after the end of each fis�al quark�r, the CAC will revievrr th� �uar�erly metrics submitted by LE�4MEdYa as detailed 1� S Y abo�e. LE�MEDIA may be aske� to pro�ide additi�na� inf�rmati�n or clarifi�ation. LE�MEaIA shall atkend �t leas�thase meeting�af the �A�at whi�h the CA� revi�w�the quart�rEy metri�s. 1�.� Annual Review� Aft�r rec�ipt�f th�annua� r�pvrt inciuding the au�ited finan�ial statem�nts� the �ha�r�f th� �A��vil[ m��t with th��hair and Ex��utiv� Qirect�r�f LE�MEDTA to discu�s any questions or issues. �0.3 Rublic Feedback Prio�ta the beginr��ng af e�ch two-y�ar�xtension t�rm� LE�MEQIA sh�f[ take part in a public h�aring �ondu�ed by the CA��n ��half of the T�WN. Th� purpase o�this hearin� will be t�solicit��mm�nts from th�Tawn r�sidents regarding th� serv��s pro�ided �y LEXMEC�TA. ThQ�e puali��amments,to�ethe�with the r��iews of th�quarter�y and annual re�orts, will ��ntribute to th� CA�'�determin�t��n af how w�l� LE�MEUIa i� m�eting it� �ontrac�ual r�sp�nsibilities. It i�the intent�f the T��11lN to us�the �A�'s r�port on the perfQrmanc� eWalu�tion in ma�in� a de�isi�n reg�r�ing e�ctensi�n af the �gr�em�nt. 1�.� Presentation t�th�Sel��t Boa rd �ri�r t�th� beginnin� of�ach extension term, LE�MEDIA shall att�nd a meeting of the T�V�IN �elect Board to p�esent a rep�r�of its operati�n�, �iscuss its fund�ng, �nd respond to any questions the B�ar� may hav�. �I. A�DITI�NAL RE�uIREMENTS: 11.1 Up��t�d business and capital p[ans, and �ar��sp�nding lev�l af s�rvice t� b� provid�� by LEi�M EDIA, s�ra 11 be��t for each twowy�a r�xtensi�n term prior to the be�i n n i ng of that extens�on term. 11.2 An up-t�-��te list af the membership �f the Baar� �f Dir�ctars shall b� posted �n LEXMEQIA's we��ite. 11.3 Frar� tir�e ta timer th��A� may r�qu�st inf�rmati�n fram LE�MED�A ar requ�st��rtain a�tions to be tal�en b�r LExMEDTA. LE�MEDZA�hal[ anly �� required t� respond to requests coming from the �hair of th��A�or his/h�r d�s�gnee. �II. T�WN MANA�EMEIVT PORTI�N OF EMER�EN�Y N�TIFI�ATI�N ��,x LE�MEDIA shall �r��ide the capability ta superimpose a"�r�wl", a m�ssag�acr�ss th� botk�m of eaeh of the th��e PE�Ac��ss chann�ls, which w��I �l�aw the T�V11N ta put emergen�y information imm�diat�ly in front af T�WN res�dents. T�fulf[i this c��ability, LE�MEaIA sh�ll pr�vide the equipm�nt need�d f�r su�h super�mpositi�n, �nd d��el�p an ac��ss cant��lled web�bas�� inte�race s�that authori��d TaVIlN ofFic�als can ha�e ac�ess to cantro[ what is s�roll�d across the �ottam af PEG a�cess�hann�ls from th�Town's �entra 1 Dispatch C�nt�� I�cate� at Pa!ice H�adq uarters. LE}�M EaIA sha II t�a i n T�1NN stafF in th� o�eratian of this ca�abi��ty. I� i � a i � Ei�HIBIT B: SCHEDULE �F P�►YMENTS In ��han��for �r�v�d�ng services und�r this Agreernent as d�scrib�d in E�HI�IT A, LE�ME�IA sha[[ be pa�d as fo��ows: a/1�2�� J1��D�1 tc�5�3�J��21 to 6j3�/��Z� �perating Exp�nses $5�� $547�5�� apita[ $35,�� $35,�� T�TAL $535,��a $5��,500 All inv�i�es f�r s�rvice� rendered by LE�MEDIA to the T�1111N sha1� include a detaifed descripti�n �f the serviees perfarm�d �nd an}��xp�n$es in�urred. The �n��i�e shall be �n such farm and ��ntain �u�h detaii as the T�WN may reasana�ly requir�. Th�T�V11N shall pay LEXMEDIA�n a m�r�thly basis f�r�p�rating Expens�s upan issuance of a monthly in�aiee equal to ane�tvrrelfth of the annua� ama�nt. Invoice� �s�u�d hy LE�MED�A ta the T�WN ar� �u� a nd pay��[e w�th�n 3� days �f rec�i pt. Payments for �apital fo��a�h y�ar shall he mad� b}�th�T�1lVN, in �ump sum, when �If pri�r�ayment�for Ca�ital hav� been fully expended by LE�MED�A. Unless ath�rwise provided for by a �u��ss4r contract�� contract exten�ionf any unexper�d�d balan�e�f�apital funds paid to LE�MEDIa sh�[�, at the expiratian af the term of this agreem�nt b� r�paid tv the T�11UN n� ��ter than sixty �6�� days after��pirat�onr ar wi�hheld fr�m th�final m�nthly payment far operatin� �xpens�s. Any�apital unexp�nded by LE�MEDIA und�r th� p�evi�u� L�xin�tan �able Acc�ss Agreement shal! be earri�d aWer t�th��Agreement. All funding �s subject to Tawn Meeting auth�rizati�n of the PE� Re�ol�in� Fund. Fur�her�the TO1NN retains the sol� right t��ancel �r renegot�ate this�antract at the end af ea�h con�ra�t t�rm if�uffci�nt funds in the PEG Reval�ing Fund ar� nat r��i�ed from the�a�le proWid�rs. During June of the se��nd ye�r of th� in�t�al �ontract t�rm and af the fi�st extension term, LE�MEaIA shal� meet with the T�WN S�lect B�ard ta revie�the finan�ia! t�rms of this c�ntract for the coming �xt�nsion t�rm and �etermin�v�rhether any financia! adju$tm�nts Qr adjustments in the le�el �f serv�c�s pro��d�d ar� nece�sar�. 5ai� adjustm�nts shalI �e in inrriting �ia a contra�t am�ndment and shall nat b� effectiWe u nti I s�g ned by th�T�W N a nd LE�M E�IA. � 1.7 � � E�HIBIT C: �UARTERLY REP�RTING LE�11�EalA t��ARTERLY REP�RT:FY 24�1,(�uar��r xx Camments r�deviations frorn Annual Budget 41 Aetuals 4z Actuals f�3 AcEuafs Q4 Actua�s target�budget �uarter YTD Quarter VT❑ Quarter Y7D qraarter YTQ . .. .... .... .._ __.. _ -�� ,. . . :Programming:: ..__... '. . . . j . .. ........__._........... .. . .. .._ .. . No.of hvurs Qf Pubfic Pragramming No.of hours af Ed��atianal Pragramming No.of hours vf Gavernmental Pragramming Na.af haurs vf LexMed�a Praduced Programming �• ., .. _. . ..;,..... _ ._........_ ._.. - �Gavernmen#rineetings: . . # ..._.. .. .,.. .. . , . _.... .� No.af required meetings�avered .._ Nv.of additior�al meeting5 caver�d , .....:.,-, - _ :,-:. . : - .: .... - �OnOemand: -. � : ._................�....................�............._..---. ... . .... --��---r No.of�n0emand�rograms availabl� , ...� . _ _. _. . � -- -....... ---�-- ..._._-�- -�- �Training: .' .. _... . _..... - - No.af reSidents trained No.of Town Staff,Board,Committee members trained ., ..,----...:, .. f 'Camplaints: � : � i _ . .... ._........:. ..�._.. . ,._..-. � No.af�om�lair�ts received and dispositian , ,.- -•-.... ._..._..._ --�--� ��---.._._.... ..._.__.._._.. , :Financials;. . � � I .. . - -. . . .. .... _ ...._ ._._......._..� nperating Expenses Capital Expenses{attach list of capitaf equipmen# �ur�hased and its�vst} Fund Raising _... . . --. . _.. °5#af#ing: � . . , s .................._...................................... _.................. ...... Full time�quivalen't staff , � �� + �� '� �� • � � �1�Ri L f�� , �.�, , �� : ��.�� .�:� ;�.�.� ��.�,�� .�� r� � .W � ��"�� . � .,��'�. �� . � �"� ��.��. �� :�� ry �� m�� 1�� . �� 30 �� . � ...� � � fi � . 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K�y:�:�cr�5tiak�4Y"£3c77��'7df�3cG1f'�cta?�>aF��=.�.� .........� 06/30/2022 ��,.� ��.�� ,�� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Request for Proposal and Land Disposition Agreement for Parcel 68-44 Located on Lowell Street PRE E TER• ITEM S N . NUMBER: Elaine Tung I.4 S UMMARY: Category:Decision Making T he S elec t B o ard will review the attac hed final draft o f the R eque s t fo r P ro p o s al and L and D is p o s itio n Agreement for Parcel 68-44, located on Lowell Street. These documents have undergone thorough review by Town Counsel and the Affordable Housing Trust and have been updated to incorporate feedback from relevant c o mmitte e s and p ub lic c o mment. SUGGESTED MOTION: Move to approve the RF P, as amended(should the Board amend it during the meeting), and Land Dispo sition Agreement, as attached. FOLLOW UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 7:S Sp m ATTACHMENTS: Description Type � �� a"flf"��[:�.�, ��;�,��.�� .��,��r��,� � �� a"flf"��I�re��,�~��,�� ;�,��.�� .��,��~��,� � �I��,��I��I�re�l�'W�'��a,��,� ��;�,��.�� .��,��,� PROPOSED FINAL FORM NOT FOR EXECUTION LAND DISPOSITION AGREEMENT FOR THE SALE AND REDEVELOPMENT OF LAND BETWEEN TOWN OF LEXINGTON AND � � PROPOSED FINAL FORM NOT FOR EXECUTION LAND DISPOSITION AGREEMENT This Land Disposition Agreement("A�reement") is entered into this day of , 2024 ("Effective Date")by and betWeen the ToWn of Lexington, acting by and through its Select Board, (the "Seller"or"Town"), a Massachusetts municipal corporation,having an address of Town Hall, 1625 Massachusetts Avenue,Lexington,MA 02420 and [ ] (the"Bu.�"), a [ ] having its business address [ ]. The Seller and the Buyer may hereinafter be collectively referred to as the"Parties" or individually as a"Party." RECITALS A. WHEREAS, Seller owns the land consisting of approximately 3.1 acres, located on Lowell Street near the northeast corner of North Street and Lowell Street in Lexington,Middlesex County, CommonWealth of Massachusetts, identified on the Lexington Assessor's Map 68 as Parcel 44, shown as on that certain plan attached hereto as Exhibit A, and identified in that certain deed dated May 30, 1979 and recorded With the Middlesex South District Registry of Deeds ("the Re._�istrY")in Book 13734,Page 705 (the"Premises"); B. �VHEREAS,the Seller issued a Request for Proposals for the disposition and development of the Premises for affordable housing purposes(the"RFP"),pursuant to M.G.L. c. 30B,Which specified certain uses,restrictions and other requirements in connection with the sale and development of the Premises; C. �VHEREAS,the Buyer's proposal for the acquisition of the Premises for the Buyer's Proj ect(as such term is hereinafter defined)Was accepted by Seller; D. WHEREAS, the Buyer and the Seller Wish to enter into this Agreement to set forth the terms and conditions under which Seller Will sell and convey and Buyer Will acquire and develop the Premises, and the covenants of Buyer, for itself, its successors and assigns,to develop and maintain the Premises for the rental of affordable housing purposes set forth herein. NOW, THEREFORE, for the consideration hereinafter set forth,the parties hereto do mutually agree as folloWs: AGREEMENT ARTICLE I PURCHASE AND DEVELOPMENT OF THE PROPERTY 1.1 Premises. (a) The property to be conveyed by the Seller to the Buyer hereunder consists of the Premises. (b) The Premises shall be conveyed subject to, and together With: (i) all buildings, structures and improvements located thereon, if any; (ii) all easements,restrictions, agreements, and other documents of record, insofar as the same may be in force and applicable to the Premises; (iii) and those matters identified in Section 4.2 beloW. 1.2 A�reement to Sell and Purchase. PROPOSED FINAL FORM NOT FOR EXECUTION Subj ect to the terms and provisions of this Agreement,the Seller agrees to sell the Premises to the Buyer, and the Buyer agrees to purchase and accept the Premises from the Seller. The Seller shall convey the Premises to the Buyer as set forth in Section 4.1. 1.3 Buyer's Proj ect. The Buyer's development and construction of the Premises(the `Buyer's Proj ect") shall consist of the permitting, design, and construction of [number of units to be inserted based on response to RFP], all of all such new rental housing units being affordable, and associated improvements on the Premises substantially as shown and described on Buyer's schematic design drawings submitted with Buyer's response to the RFP (the "RFP Response"),which include conceptual site plans, architectural draWings and building elevations attached hereto as Exhibit B (collectively,the"Schematic Design Plans"). Except as otherwise expressly set forth herein,the Buyer shall be solely responsible for aWarding and administering all construction contracts for the construction of the Buyer's Proj ect, and the Seller shall have no obligation to award, administer nor make any payments under any such construction contract or any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Buyer. The Buyer shall observe the requirements of all governmental approvals With respect to the construction of the Buyer's Proj ect, and nothing in this Agreement shall be construed to alter, in any respect, any of the requirements contained in any governmental approvals with respect to the construction of the Buyer's Proj ect, including Without limitation, any and all approvals required by the ToWn of Lexington Zoning Board of Appeal(the "ZBA"), ToWn of Lexington Conservation Commission(the "Conservation Commission"),the ToWn of Lexington Department of Public Works (the "Department of Public Works"),the Town of Lexington Board of Health(the"Board of Health"),the ToWn of Lexington Building Department, or any other Board, Committee or officer of the Town. The Buyer shall perform and complete, or cause the performance and completion of, all of its obligations hereunder and shall conduct all operations With respect to the construction of Buyer's Proj ect in a good,Workmanlike and commercially reasonable manner, in compliance With good engineering and construction practices,using all new or suitable recycled materials, and in conformance with the standard of diligence and care normally employed by a duly qualified persons in the performance of comparable work, in accordance With generally accepted practices appropriate to the activities undertaken in the greater Boston area, and in accordance With the requirements of all applicable laws, ordinances, codes, orders,rules and regulations of all governmental authorities, agencies or departments with jurisdiction. The Buyer shall take all reasonably necessary measures to (i)minimize dust,noise and construction traffic, (ii)minimize any damage, disruption including,but not limited to,traffic on LoWell Street and North Street or inconvenience caused by the Buyer's Proj ect to abutters and the neighboring community, and(iii)make adequate provision for the safety and convenience of all persons affected thereby and to properly police same and shall comply With applicable laWs regarding the same, including without limitation the Town's Noise Control Bylaw. Dust,noise and other effects of such Work shall be controlled using commercially accepted methods customarily utilized in order to control deleterious effects associated with construction proj ects in a populated or developed area. The Buyer shall employ at all times adequate staff or consultants With the requisite experience necessary to administer and coordinate all Work related to the design, engineering, acquisition, construction,installation and development of the Buyer's Proj ect, including Without limitation a licensed Massachusetts Construction Supervisor to supervise all construction on the Buyer's Proj ect and a 3 PROPOSED FINAL FORM NOT FOR EXECUTION Massachusetts Licensed Site Professional to supervise all Environmental Remediation and Environmental Mitigation on the Buyer's Proj ect(as such terms are hereinafter defined). The Buyer shall be solely responsible for all costs and expenses of(a)the design,permitting and construction of the new buildings and improvements,the installation of all utilities and site work required for the proposed housing use (including mitigation measures), and any other measures necessary to construct and occupy the Buyer's Proj ect in compliance With this Agreement and all applicable federal, state and local laWs, ordinances,rules,regulations and codes for the proposed use, (b) all products, materials,tools, equipment, fixtures,relating thereto and(c) all contractors, subcontractors, architects, engineers,proj ect managers, construction managers, attorneys, consultants relating thereto. 1.4 Further Consideration for Sale and Purchase of Premises. The Buyer acknoWledges that the Seller Would not agree to sell the Premises to the Buyer except for: (a)the commitment of the Buyer to undertake and complete the construction of the Buyer's Proj ect in accordance With the requirements set forth herein and(b)the commitment of the Buyer to restrict the land in perpetuity for the uses set forth herein. 1.5 Marketin�. Prior to Closing(as such term is defined herein),the Buyer shall not disseminate any marketing or similar materials,regardless of form or media, or make any public statement regarding the Seller or the Buyer's Proj ect Without the prior Written consent of the Seller,Which may be withheld in the Seller's sole discretion. 1.6 No Seller's Development Obli ations. The Seller shall have no obligation for the preparation or development of the Premises for construction of the Buyer's Proj ect. ARTICLE II PURCHASE PRICE AND DEPOSIT 2.1 Purchase Price The"Purchase Price"for the Premises is One Hundred Dollars ($100.00). The Purchase Price,less the Deposit(as defined beloW), shall be paid by the Buyer to the Seller at the Time of Closing(as hereinafter defined)by certified or bank check or checks drawn upon a Boston clearinghouse bank,made payable to the Seller, without endorsement, or by federal Wire transfer of immediately available federal funds in accordance with the Seller's instructions. 2.2 De osit The Buyer has made an initial non-refundable deposit with the Seller in the amount of[Ten and 00/100 Dollars ($10.00)] (the "De osit"). The Deposit shall be held by [Buyer's title company or Buyer's counsel] (the"Escrow A._�ent") subj ect to the terms of this Agreement and shall be duly accounted for at the time for performance of this Agreement as hereinafter defined. If this Agreement is consummated as contemplated hereunder,the Deposit shall be retained by the Seller and credited against the Purchase Price at the time of the Closing. 4 PROPOSED FINAL FORM NOT FOR EXECUTION ARTICLE III BUYERS PRE-CONVEYANCE ACTIVIES 3.1 Due Dili e._� nce. The Buyer shall have a period of sixty(60) days from the Effective Date to perform its due diligence of the Premises (the "Due Dili�ence Period"). During the Due Diligence Period, the Buyer, at its sole cost and expense and subj ect to the terms and conditions of the Right of Entry and License Agreement between the Parties dated as of the date hereof(the"Entr�greement"), a copy of Which Entry Agreement is attached hereto as Exhibit C,may conduct environmental, engineering, architectural, surveying and similar on-site investigation and testing desired by the Buyer with respect to the Premises. The terms of the Entry Agreement are incorporated herein by reference and the Buyer's obligations thereunder shall survive the Closing, delivery of the Deed or the termination of this Agreement. A default under the Entry Agreement beyond any applicable cure period shall be deemed to be a default under this Agreement, and a default under this Agreement beyond any applicable cure period shall be deemed to be a default under the Entry Agreement. The Buyer has received,revieWed and is familiar with those certain reports commissioned by the Seller set forth on Exhibit D attached hereto and made a part hereof(collectively,the"PropertY Information"). The Seller makes no representation or warranty of any kind, nature or description whatsoever with respect to the completeness or accuracy of the information contained in the Property Information. 3.2 Condition of Land to be Conveyed. (a) The Buyer acknoWledges and agrees that the Seller shall sell and convey to the Buyer, and the Buyer shall accept,the Premises "as is,Where is,With all faults". The Buyer has not relied on, and will not rely on, and the Seller is not liable for or bound by, any express or implied warranties, guaranties, statements, or representations,whether oral or Written, from the Seller or its employees, agents, consultants, or attorneys,pertaining to the Premises or relating thereto except as expressly set forth in this Agreement. (b) The Buyer acknoWledges and agrees that the Seller,its employees, agents, consultants and attorneys have not made, do not hereby make and Will not hereafter be deemed to have made, and the Seller hereby specifically disclaims, any representations or Warranties or guarantees of any kind whatsoever,whether express or implied, oral or written,with respect to the Premises or the physical condition or profitability thereof, including Without limitation: (i)the nature, quality, adequacy or condition of the Premises, including,Without limitation, the water, soil, geology, groundWater and environmental condition of the Premises, including the absence or presence of any contaminant or pollutant thereon, and the condition of any buildings or other improvements situated on the Premises, (ii)the expenses and potential income associated with the oWnership, operation,maintenance, or development of the Premises, (iii)the suitability of the Premises for any and all development, construction, activities and uses Which the Buyer may conduct thereon, (iv)the compliance of or by the Premises or its operation(whether existing or contemplated)with any applicable laws, (v)the habitability, merchantability, fitness,value or adequacy of the Premises for any particular purpose, (vi)the Seller's title to the Premises and the existence of any liens, encumbrances, charges, assessments, restrictions or claims relating thereto, (vii)the availability, condition or adequacy of any utilities serving or which could serve the Premises, or the amount of any costs or fees required to extend, tie into, or tap into any utilities serving the Premises or to otherwise develop the Premises, or(viii) any other matter With respect to the Premises. 5 PROPOSED FINAL FORM NOT FOR EXECUTION (c) The Seller acknowledges that it is a sophisticated real estate developer who has had(or who will have pursuant to the provisions of this Agreement)access to and sufficient time to review all information,documents, agreements, studies and tests relating to the Premises Which it deems necessary or desirable,and that it has conducted or will conduct to its satisfaction a complete and thorough inspection, testing,analysis and evaluation of the Premises, including but not limited to environmental conditions. The Buyer is relying and Will rely solely on its own investigation of the Premises and not on any information provided or to be provided by the Seller or any agent or employee of the Seller in making its decision to purchase the Premises. The Buyer further acknoWledges and agrees that any and all information provided or to be provided by or on behalf of the Seller With respect to the Premises, including Without limitation any reports,plans, specifications, studies,analyses, documents or other materials,was obtained from a variety of sources, is being provided to the Buyer as a convenience only, and that the Seller has not made any independent investigation or verification of such information and makes no representations or warranties as to the accuracy or completeness of such information. (d) Upon the Closing,the Buyer shall assume the risk that adverse matters, including,but not limited to, adverse physical and environmental conditions or violations of any laws,may not have been revealed by Buyer's investigations, and the Buyer, as of the Closing, shall be deemed to have permanently and irrevocably Waived,relinquished and released the Seller(and the Seller's employees, agents, consultants and attorneys) of and from any and all claims, demands, causes of action(including causes of action in tort), obligations, losses, damages, liabilities,penalties, fines,judgments, costs and expenses(including reasonable attorneys' fees and expenses) of any and every kind of character,known or unknoWn, noW existing or hereafter created, foreseen or unforeseen,which the Buyer might have asserted or alleged against the Seller(and/or the Seller's employees, agents, consultants and attorneys) at any time relating to or arising out of the Premises, including, without limitation, any physical or environmental conditions. The Buyer covenants and agrees never(directly or indirectly)to commence, aid in any Way, or prosecute against the Seller or any of the Seller's employees, agents, consultants and attorneys, any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities released in this Section. In addition to, and not in limitation of,the provisions of this Agreement hereof, from and after the Closing,the Buyer shall indemnify, defend and save harmless the Town and the ToWn's officers, employees, agents, consultants, contractors and attorneys, from and against any and all damages, liabilities, actions, suits,proceedings, claims, demands, losses, costs, expenses,recoveries and judgments of every nature and description(including reasonable attorneys' fees and expenses)arising in whole or in part out of or in connection With any physical or environmental conditions now existing or hereafter arising at the Premises, regardless of the cause thereof. The duty to defend shall immediately accrue and be oWing upon the assertion of such a claim by any person or entity regardless of inerit and shall not be dependent upon a finding of negligence or any other finding of fact at trial. The existence of insurance shall in no Way limit the scope of the Buyer's indemnification under this subsection. (e) The provisions of this Section 3.2 shall survive, as applicable,the Closing and delivery of the Deed, or the rescission, cancellation, or termination of this Agreement. 3.3 Environmental Matters. The Buyer shall be responsible for the assessment, containment,removal and remediation of all pre-existing releases of oil and hazardous materials at or from the Premises in accordance With General LaWs Chapter 21 E and the Massachusetts Contingency Plan to either a Permanent Solution with No Conditions or a Permanent Solution as Well as compliance With any other applicable laws regarding the presence,use or disposal of oil and hazardous materials. 6 PROPOSED FINAL FORM NOT FOR EXECUTION 3.4 Title RevieW. The Buyer shall have a period of thirty(30)days from the Effective Date to perform its title review (the"Title RevieW Period")of the Premises at the Buyer's sole cost and expense and to notify the Seller of its obj ections to any encumbrances or liens, other than the Permitted Encumbrances as defined in Section 4.2 ("Buyer's Title Ob�ections"),by a written notice (the "Title Obj ections Notice"). If the Buyer has not delivered the Title Obj ections Notice by 5:00 p.m. on the last day of the Title Review Period, the Buyer shall be deemed to have waived its obj ections to all matters of title, other than those first arising after the date of the Buyer's title commitment for the Premises (or if the Buyer does not obtain a title commitment, then the date of this Agreement),and shall accept title to the Premises(the"Post-RevieW Title Obj ections"), subj ect to such matters, at the Closing (as hereinafter defined). With respect to any Post-RevieW Title Objections, each of the Seller and the Buyer shall have the same rights and obligations under this Section 3.4 as if such Post-RevieW Title Obj ections constituted Title Obj ections hereunder. Any title matter arising under or relating to this Agreement which is the subject of a title standard of the Real Estate Bar Association ("REBA") shall be governed by said title standard to the extent applicable and to the extent such title does not contradict any expressed term or condition of this Agreement. Within ten(10)business days after the Seller's receipt of the Title Obj ection Notice ("Cure Election Period"),the Seller shall notify Buyer in Writing as to whether the Seller elects to use reasonable efforts to cure any or all of Buyer's Title Obj ections ("Title Cure Notice"). Reasonable efforts shall not require the expenditure of more than Five Thousand Dollars ($5,000.00)by Seller(exclusive of the payment of voluntary monetary liens but inclusive of reasonable attorney's fees) (the"Cure Amount"). If the Seller elects not to cure the Buyer's Title Objections,the Buyer shall have ten(10) days from the Buyer's receipt of the Seller's Title Cure Notice to notify the Seller in writing that Buyer elects to proceed or to terminate this Agreement("Election Notice"). If the Buyer timely elects to terminate this Agreement as aforesaid,then the Deposit shall be returned to the Buyer. If the Buyer elects to proceed or fails to give the Election Notice,the Buyer shall be deemed to have Waived its obj ections to all matters of title and shall accept title to the Premises, subj ect to such matters set forth on the Title Obj ection Notice, at the time of the Closing. If the Seller fails to give the Title Cure Notice, the Seller shall be deemed to have elected not to cure Buyer's Title Objections. If Seller elects or is deemed to have elected not to attempt to cure any one or more of Buyer's Title Obj ections and the Buyer has elected to terminate the Agreement in the Election Notice, this Agreement shall be terminated and the Deposit shall be returned to the Buyer without further recourse to either Party, subj ect to the Buyer's obligations under the Entry Agreement. 3.5 Buyer's Obj ections -Due Dili e._� nce. If the Buyer, acting in good faith, discovers during its due diligence any new, different, significant and material conditions not disclosed in the Property Information or in the RFP, it may, on or before 5:00 p.m. on the last day of the Due Diligence Period, serve Written notice upon the Seller, which notice shall provide a detailed description of the basis for the Buyer's obj ections("Buyer's Obj ections"). If the Seller does not receive Written notice from the Buyer of the Buyer's Obj ections upon expiration of the Due Diligence Period,the Buyer shall be deemed to have waived its right to terminate this Agreement under this section and shall be obligated to purchase the Premises in accordance With this Agreement. Upon receipt of notice of the Buyer's Obj ections,the Seller may, in its sole discretion, extend the Due Diligence Period for so long as Seller deems necessary in order to understand and analyze the Buyer's Obj ections. Upon the expiration of such extended Due Diligence Period,or if the Seller has not elected to extend the Due Diligence Period as aforesaid, the Seller shall have the option,but not the obligation,by providing written notice to Buyer,to either: (i)take any and all action necessary in the Seller's discretion to cure the Buyer's Obj ections within a reasonable period of time after the Seller's 7 PROPOSED FINAL FORM NOT FOR EXECUTION receipt of notice of Buyer's Obj ections,which period of time shall be agreed upon by the Parties in writing but shall under no circumstances be shorter than forty-five (45) days or longer than one hundred eighty(180) days (the"Remedial Period"); or(ii)to terminate this Agreement, in Which event the Deposit shall be returned to the Buyer, and this Agreement shall terminate without further recourse to either Party, subj ect to the Buyer's obligations under the Entry Agreement. In the event of such termination,the Buyer shall provide the Seller With all reports and data generated as a result of Buyer's due diligence. If the Seller elects to cure the Buyer's Obj ections in accordance With this Section 3.5,the Closing shall automatically be extended to forty-five (45) days from the expiration of the Remedial Period, or such other time period as the Parties may agree to. If at the expiration of the Remedial Period, as the same may be extended,the Seller has not remediated the Buyer's Objections to a solution which would not prevent or substantially interfere With the Buyer's development, construction,marketing and/or rental of residential housing on the Premises,the Buyer, as its sole and exclusive remedy, may terminate this Agreement by sending Written notice to the Seller,Within five (5)business days of the expiration of the Remedial Period, in Which event this Agreement shall terminate and the Deposit shall be returned to the Buyer Without further recourse to either Party, subj ect to the Buyer's obligations under the Entry Agreement. In the event of such termination,the Buyer shall provide Seller with all reports and data generated as a result of the Buyer's due diligence. If the Seller does not receive written notice from the Buyer of Buyer's intent to terminate this Agreement within five (5)business days of the expiration of the Remedial Period,the Buyer shall be deemed to have Waived its right to terminate this Agreement under this section and shall be obligated to purchase the Premises subject to all uncured Buyer's Objections in accordance With this Agreement. 3.6 Proj ect Permitting. (a) The Buyer shall be solely responsible for applying for and obtaining any and all governmental permits and approvals required by law for the construction of the Buyer's Proj ect(the "Approvals"),prior to the Time of Closing(as such term is defined herein). Upon the expiration of the Due Diligence Period,the Seller shall reasonably cooperate with the Buyer in connection with the Buyer's application for Approvals, including executing any documents necessary therefor,but in no event shall Seller incur any liability in connection thereWith. (b) The Buyer's application for its comprehensive permit for the Buyer's Project shall contain schematic design drawings,which include conceptual site plans, architectural draWings and building elevations that are substantially similar to the Schematic Design Plans. The Buyer covenants and agrees that it shall not materially alter the Schematic Design Plans during the site plan approval process or otherwise unless required by the ZBA. (c) In the event that the Schematic Design Plans are materially altered because of a requirement by the ZBA or by laW, the Buyer shall promptly submit such material changes to the Seller for its review,but not for its approval. (d) The Buyer shall provide the Seller With three(3)hard copies and an electronic copy of the Schematic Design Plans (in a form acceptable to the Seller's Building Department) approved by the Seller and the ZBA. (e) The Buyer shall use diligent and good faith efforts to obtain the Approvals for the construction of the Buyer's Proj ect by the Time of Closing(as hereinafter defined in Section 4.1). In no event Will the Buyer be deemed to have used diligent efforts to obtain the Approvals unless the Buyer submits completed applications for the Approvals in the timeframes provided in the schedule attached hereto as Exhibit E. 8 PROPOSED FINAL FORM NOT FOR EXECUTION (� NotWithstanding the foregoing,to the extent that the Buyer is delayed in obtaining all of the Approvals necessary to construct the Buyer's Project due solely to the actions or inactions of a permit granting authority,then the Buyer may request, and the Select Board, in its sole discretion,may extend the Time of Closing, without requiring the Buyer to pay any additional deposit, for the period of time that the Seller determines, in its sole and absolute discretion, that the Buyer has been delayed by such permit granting authority. (g) If the Closing has not occurred by the date that is nine (9)months(or such extended period as the Seller may extend in its sole discretion) after the Effective Date (the"Appeal Extension Deadline"), irrespective of Whether any Approvals are outstanding or still subj ect to appeal,then it shall be a default of the Buyer under this Agreement and the Seller may terminate this Agreement and retain the Deposit. ARTICLE IV CONVEYANCE OF THE PREMISES. 4.1 Closin . The Seller shall convey the Premises to the Buyer at the offices of the Seller, at 10:00 a.m. on the date that is nine(9)months after the Effective Date,unless another date and time is otherWise agreed upon in writing between the parties (such time, as the same may be extended pursuant to this Agreement, being referred to as the"Time of Closin�", "Closin " or the "Closin,_�Date"). 4.2 Title. The Premises is to be conveyed by a good and sufficient quitclaim deed(the"Deed")running to the Buyer. The Deed shall convey title to the Premises, subj ect to the folloWing(the "Permitted Encumbrances"): (a) Applicable laWs, orders and regulations of any federal, state, or local governmental authority, including,without limitation,building,zoning, and environmental laWs(the "L�al Requirements"); (b) All easements,restrictions, agreements, rights of first refusal,repurchase agreements, and other documents of record, insofar as the same may be in force and applicable to the Premises; (c) Matters that Would be disclosed by an accurate ALTA/NSPS survey of the Premises (regardless of Whether the Buyer obtains such a survey); (d) Such real estate taxes for the fiscal year that are not due and payable on the date of delivery of the Deed(if any); (e) All matters which would be disclosed by a personal inspection or an instrument survey of the Premises; (� All matters created or caused by Buyer; (g) A perpetual affordable housing restriction(the"Affordable Housing Restriction"), as described in Section 5.2 herein; 9 PROPOSED FINAL FORM NOT FOR EXECUTION (h) The provisions of the Deed and any document recorded With the Deed as part of the closing of the sale contemplated by this Agreement; (i) The provisions of this Agreement; and (j) The Repurchase Agreement(as defined beloW)that will be recorded at the time of the conveyance referenced in Section 6.2 below. 4.3 Closin Costs. (a) The Seller Will pay the folloWing costs at the Time of Closing: (i) the fees and disbursements of the Seller's counsel; and (ii) all real estate transfer, stamp or documentary taxes, if any. (b) The Buyer Will pay the following costs of closing this transaction: (i) the fees and disbursements of the Buyer's counsel; (ii) the cost of title, including a title commitment, owner's and lender's title insurance policies and all endorsements the Buyer may request; and (iii) a payment in lieu of taxes, at Closing, in an amount determined by Seller in accordance With M.G.L. c. 44, sec. 63A. (c) Recording fees and adjustments, if any, shall be paid in accordance with Massachusetts custom. 4.4 Conditions Precedent to Closin�. (a) The Buyer has furnished the Seller with(i) evidence satisfactory to the Seller of a binding commitment from a lender/lenders for financing of the construction of the Buyer's Proj ect, (ii) evidence of equity or commitment of equity and any other financings or fundings required to complete Buyer's Proj ect, (iii) evidence that the Buyer's contractor has obtained a payment and performance bond in an amount equal to the full construction cost(or provides evidence they are capable of providing such bond, or otherwise meets the bonding requirements of the Buyer's lender for the proj ect) and(iv) evidence that the Buyer has satisfied or is capable of satisfying any other conditions contained in such commitment(s); and (b) The Buyer has furnished to the Seller a duly executed disclosure of beneficial interests in real property pursuant to M.G.L. c. 7C, Section 38 in the form attached hereto as Exhibit F. 4.5 Closin�Deliveries. (a) At the Time of Closing, the Seller shall deliver the folloWing documents, fully executed, in a form reasonably acceptable to the Buyer's counsel and title insurance company: (i) the Deed duly executed and acknowledged by the Seller containing the folloWing statement: "In connection With the conveyance hereby made,there has been full 10 PROPOSED FINAL FORM NOT FOR EXECUTION compliance With the provisions of Section 63A of Chapter 44 of the Massachusetts General LaWs."; (ii) a duly executed certificate to the effect that the representations and warranties made by the Seller in this Agreement are true and correct at the Time of Closing; (iii) reasonable and customary affidavits executed by the Seller regarding mechanics' and materialmens' liens and parties in possession as required by the title company; (iv) a so-called FIRPTA affidavit executed by the Seller as to its non-foreign status within the meaning of Sections 1445 or 7701 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder; (v) a duly executed settlement statement; and (vi) a duly executed Repurchase Agreement. (b) At the Time of Closing, the Buyer shall deliver the following documents, fully executed, in a form reasonably acceptable to the Seller: (i) a current certificate of legal existence and good standing from the CommonWealth of Massachusetts and evidence of the Buyer's qualification to conduct business in Massachusetts; (ii) a duly executed certificate to the effect that the representations and warranties made by the Buyer in this Agreement are true and correct at the Time of Closing; (iii) a certificate of the Secretary or Assistant Secretary of the Buyer evidencing the corporate, or other appropriate, authority of the officer or manager executing any documents delivered by the Buyer in connection With the purchase of the Premises; (iv) such documents to evidence proof of the Buyer's source of equity as set forth in Section 1.4 of this Agreement; (v) a duly executed settlement statement; (vi) a duly executed Affordable Housing Restriction executed by the Department of Housing and Community Development, subject to Section 5.2 herein; (vii) a duly executed Repurchase Agreement; (viii) a certification of payment in lieu of real estate taxes as set forth in Section 4.9; (ix) such other documents, certificates, or agreements as may be necessary to consummate the transaction contemplated by this Agreement; and (x) the Purchase Price and the Buyer's share of all closing expenses. 11 PROPOSED FINAL FORM NOT FOR EXECUTION 4.6 Default; Damages. If prior to the Closing the Buyer shall fail to fulfill the Buyer's agreements and/or obligations hereunder in any material respect within applicable cure periods,the Seller may terminate this Agreement upon notice to the Buyer. In the event of such termination,the Seller shall retain the Deposit and the Buyer shall restore the Premises to substantially the same condition as the Premises Was prior to entering into this Agreement, as required under this Agreement and the Entry Agreement,unless otherwise agreed to in Writing by the Seller. In the event that the Buyer fails to fulfill the Buyer's agreements and/or obligations hereunder after the Closing,the Seller shall be entitled to(i) all rights and remedies available under the laW and(ii) elect to exercise its right to repurchase the Premises in accordance with the Repurchase Agreement, in which event, the Seller shall be entitled to specific performance to compel the delivery of a deed thereunder. In the event that this Agreement is terminated,the Entry Agreement shall be deemed to be automatically terminated at the same time. If the Seller shall fail to fulfill the Seller's agreements and/or obligations hereunder, and the sale contemplated hereby is not consummated because of default by the Seller in its obligation to sell the Premises in accordance With the terms of this Agreement,then the Buyer may, as its sole and exclusive remedy at law or in equity: (a)terminate this Agreement by giving written notice thereof to Seller, in which event the Deposit Will promptly be returned to the Buyer and the Parties shall have no further obligations to each other except for the Buyer's obligations under the Entry Agreement(except for the provisions that expressly survive termination thereo�; (b)waive such default and consummate the transactions contemplated hereby in accordance with the terms of this Agreement; or(c) seek specific performance. In no event shall the Seller be responsible to the Buyer for the cost of any improvements the Buyer may have made to the Premises or for the costs of any studies,reports, or tests performed by the Buyer except as otherwise provided in the Repurchase Agreement. In no event shall the Seller be liable to the Buyer for any indirect, special,punitive, multiple, incidental or consequential damages,however caused,including,but not limited to, lost profits, lost revenue,Work interruption, or any other form of such damages. In no event shall any of the elected or appointed officials of the Seller or any of the Seller's employees or volunteers be personally liable whatsoever with respect to this Agreement. A default under the Entry Agreement beyond any applicable cure period shall be deemed to be a default under this Agreement, and a default under this Agreement beyond any applicable cure period shall be deemed to be a default under the Entry Agreement. The provisions of this Section 4.6 shall survive the Closing and the delivery of the Deed. 4.7 Condemnation. If prior to the Time of Closing any proceeding shall be commenced or consummated for the taking of all or any part of the Premises pursuant to the power of eminent domain or otherwise which would: (a) in the Buyer's reasonable judgment substantially and materially affect or interfere With the Buyer's access to or use and development of the Premises for Buyer's Proj ect; or(b)make the Premises non-conforming under applicable laWs,the Buyer shall have the right, exercisable by giving written notice to the Seller within ten(10) days after receiving written notice of such taking,to either: (a) terminate this Agreement; or(b) accept the Premises in its then condition,without any abatement or reduction in the Purchase Price, and receive an assignment of all of the Seller's rights to any claims and condemnation aWards payable by reason of such taking. If the Buyer elects to proceed under clause (b) 12 PROPOSED FINAL FORM NOT FOR EXECUTION above,the Seller shall not compromise, settle or adjust any claims to such award Without the Buyer's prior Written consent,Which consent shall not be unreasonably withheld, conditioned, or delayed. 4.8 Extension. If at the Time of Closing the Seller shall be unable to convey title or to make conveyance, or to deliver possession of the Premises in accordance with the terms hereof,then the Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises conform to the provisions hereof, or to satisfy such conditions precedent, and thereupon the Time of Closing shall be automatically extended for a period of ninety(90) days;provided,hoWever,that the Seller shall not be obligated to spend more than the Cure Amount in the exercise of reasonable efforts to cure such defects or to otherwise deliver the Premises. If at the extended Time of Closing the Seller shall have failed to cure any defects in title, deliver possession, or make the Premises conform,then(a)at the election of the Buyer this Agreement may be terminated without recourse to either party hereto and the Deposit shall be returned to the Buyer subject to the Buyer's obligations to restore the Premises to substantially the same condition it was at the time of entering into this Agreement and the Entry Agreement as Well as the Buyer's obligations under the Entry Agreement,unless otherwise agreed to in Writing by the Seller; or(b)the Buyer may accept such title as the Seller can deliver to the Premises in its then condition and to pay therefor the Purchase Price Without deduction, in Which case the Seller shall convey such title to the Buyer. 4.9 Real Estate Taxes. The Seller represents and Warrants that the Premises are exempt from local real estate taxes as of the date of this Agreement as Seller is a tax-exempt entity. The Seller's performance hereunder is conditioned upon the Buyer making a payment in lieu of taxes, at Closing, in an amount determined by Seller in accordance with M.G.L. c. 44, sec. 63A. In accordance With G.L. c. 62C, § 49A,the Buyer certifies,under the pains and penalties of perjury, that the Buyer has complied With all laws of the CommonWealth of Massachusetts relating to the payment of taxes. Such certification shall be made again and executed as of the Time of Closing. After the Closing, the Buyer shall be responsible for all real estate taxes for the Premises (unless the use of the Premises is exempt from taxation under laW)and the obligation to pay the real estate taxes shall run with and bind the Premises as a matter of record. The terms and provisions of this paragraph shall survive the Closing and the delivery of the Deed. ARTICLE V RESTRICTIONS ON DEVELOPMENT AND USE 5.1 Restrictions on Use. The Buyer agrees that the Deed for the Premises shall contain agreements on behalf of the Buyer that it Will devote the Buyer's Proj ect only to and in accordance With the uses specified below(unless otherwise agreed by the Seller and the Buyer) and approved by the ZBA: 100% of the rental units shall be affordable. Such restriction shall survive the Closing. 13 PROPOSED FINAL FORM NOT FOR EXECUTION 5.2 Affordable Housin�Restriction. The Premises shall be subject to the Affordable Housing Restriction,which will be permanent, restricting all of the units of the Buyer's Proj ect as affordable housing. The Affordable Housing Restriction Will be executed by the parties thereto and approved by the Director of the Executive Office of Housing and Livable Communities(formerly known as the Department of Housing and Community Development) ("EOHLC") and executed by the Select Board of the Town,if required by the applicable statute), all in accordance with the provisions of Massachusetts General LaWs, Chapter 184, Sections 26- 32. The Affordable Housing Restriction Will be in form and content mutually acceptable to the Seller and Buyer and EOHLC, and shall be recorded simultaneously With the Deed and prior to any mortgage or other financing document encumbering title to any portion of the Premises,provided,hoWever,that if EOHLC has not executed the Affordable Housing Restriction prior to the Closing,the Seller shall Waive the requirement that the Affordable Housing Restriction be delivered at the Closing, in which case, it shall be a condition precedent to the Seller's obligation to deliver of a Certificate of Completion and the Building Inspector's delivery of a certificate of occupancy for any portion of the Buyer's Proj ect,that the Affordable Housing Restriction, executed by EOHLC,be recorded in the Registry prior to the issuance of such Certificate of Completion and certificate of occupancy for the Buyer's Proj ect. ARTICLE VI POST CONVEYANCE ACTIVIES AND COVENANTS 6.1 Covenants Relatin�to the Timin�,Use and Maintenance of Buyer's Proj ect. (a) Subj ect only to delays caused solely by Force Maj eure,the Buyer shall Commence (as defined herein) construction of the Buyer's Proj ect in accordance with the Schematic Design Plans by a date that is ninety(90) days after the Closing(`Buyer's Proj ect Commencement Date"). Construction of the Buyer's Proj ect shall be deemed to"Commence"upon the date that (i) a building permit for Buyer's Project is issued by the Town of Lexington Building Inspector and(ii)the Buyer commences and diligently undertakes physical construction of the Buyer's Proj ect. (b) Subj ect only to delays caused solely by Force Maj eure,the Buyer hereby covenants and agrees to Complete (as defined herein)construction of the Buyer's Proj ect by a date which is eighteen(18)months after the Closing(`Buyer's Proj ect Completion Date"). The Buyer's Proj ect shall be deemed completed upon the date that: (i)the ToWn of Lexington Building Inspector has issued a temporary or permanent certificate of occupancy for the Buyer's Project; (ii)the Buyer's Proj ect can be used for its intended purpose as evidenced by a certification of substantial completion, in accordance With the approved Schematic Design Plans issued by the Buyer's architect or designer, as applicable, and contractor on AIA Document G-702 subj ect only to a punch list of items remaining to be completed of minor nature of construction, decoration, painting, and millwork; (iii)the Buyer's Project is free of debris and construction materials,is in usable condition; and(iv) all landscaping is completed and planted, except for such Work that cannot be completed due to seasonal conditions. Upon satisfaction of this Section 6.1 and written request by the Buyer,the Seller shall issue a Certificate of Compliance to the Buyer in a form suitable for recording with the Registry. (c) The Buyer hereby covenants and agrees to use the Premises solely for affordable housing purposes. (d) The Buyer hereby covenants and agrees to maintain the Buyer's Proj ect in first class condition, including maintaining,repairing and replacing deteriorated components of the 14 PROPOSED FINAL FORM NOT FOR EXECUTION buildings, improvements and infrastructure constructed as part of the Buyer's Proj ect. At the Time of Closing,the Buyer shall establish and fund a capital reserve account for the sole purpose of funding capital improvements and capital repairs and maintenance to the Premises as required herein. The Buyer shall provide to Seller on an annual basis (or more frequently if requested by Seller) statements of accounting for said reserve account. For purposes of this Agreement, "Force Maj eure"shall mean a delay or stoppage due to strikes, civil riots,War, invasion, fire or other casualty, acts of God, adverse Weather conditions not reasonably anticipated and resulting in a declared state of emergency, act or failure to act of quasi-governmental or governmental authorities or other causes beyond the reasonable control of the party required to make performance,but specifically excluding financial constraints of such party. The covenants set forth in this Section 6.1 shall survive Closing. 6.2 Repurchase Right. In the event that the Buyer fails to(i)commence the Buyer's Proj ect by the Buyer's Proj ect Commencement Date, (ii) diligently, continuously and expeditiously prosecute the construction of the Proj ect, (iii) Complete the Buyer's Proj ect by the Proj ect Completion Date, as any such dates may be extended by Force Maj eure, and(iv)maintain 100% of the units as affordable,the Seller shall have the option, exercisable at the Seller's sole discretion,to repurchase all or any portion of the Premises pursuant to the terms of the Repurchase Agreement to be entered into between the Parties (the"Repurchase Agreement") and recorded at the time of the initial conveyance With the Registry . The Buyer and the Seller have agreed upon the Repurchase Agreement attached hereto as Exhibit G,which shall be executed and recorded at the Time of Closing. 6.3 Assi nment. After the Closing and prior to the Buyer's Proj ect Commencement Date,Buyer covenants not to make or suffer to be made any assignment, lease or any other manner of transfer of its interest in the Premises or portion thereof or in this Agreement, except(i)to any person or entity Which directly or indirectly controls, is controlled by or is under common ownership With Buyer as of the date of this Agreement provided such assignee expressly assumes Buyer's obligations under this Agreement in writing and Seller receives a copy of such assumption,or(ii) if it shall have complied with the folloWing conditions: (a) The transferee shall have been approved as such in writing by the Seller; (b) The transferee or transferees,by valid instrument in writing satisfactory to Seller, shall have expressly assumed for themselves and their successors and assigns, and directly to and for the benefit of the Seller, all obligations of any person or persons, including Buyer,to being, complete and or maintain and operate, as applicable, Buyer's Proj ect and all obligations of the Buyer provided for in this Agreement. NotWithstanding the foregoing,the fact that any transferee of, or any other successor interest whatsoever to the Premises, or any part thereof, shall for whatever reason,not have assumed such obligations or so agreed, shall not(unless and only to the extent otherwise specifically provided in this Agreement or agreed to in Writing by Seller)relieve or except such transferee or successor of or from obligations, conditions, or restrictions, or deprive or limit the Seller of or with respect to any rights or limitations or controls with respect to the Premises or the construction of Buyer's Project; it being the intent of this,together with other provisions of this Agreement that,to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement,no 15 PROPOSED FINAL FORM NOT FOR EXECUTION transfer of or change,with respect to ownership,possession or control, shall operate legally or practically to deprive or limit Seller of or With respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Premises and the construction of Buyer's Proj ect that Seller would have,had there been no such transfer or change. (c) There has been submitted to Seller for review and the Seller has approved, in its sole discretion and Within thirty(30)days, all instruments and other legal documents involved in effecting transfer. (d) Buyer and its transferee or transferees shall comply With such other reasonable conditions as Seller may find desirable in order to achieve and safeguard the purposes of this Agreement. In the event of any violation by such a transferee of any obligation assumed or required to be assumed under this Section,Which violation shall occur prior to receipt of the Certificate of Compliance, Buyer shall be responsible,j ointly and severally With the transferee, for curing or effecting the cure of such violation. If Buyer shall fail or refuse to effect such cure, Seller may institute such actions or proceedings against the transferee and/or Buyer as Seller deems appropriate, including actions and proceedings to compel specific performance. Payment of all costs and expenses which may be incurred by Seller in instituting and prosecuting such action or proceedings shall be paid by Buyer. The provisions of this Article VI shall survive the Closing and the delivery of the Deed. ARTICLE VII INSURANCE REQUIREMENTS DURING CONSTRUCTION 7.1 Insurance Requirements Durin�Construction Period. The Buyer shall, at all times prior to the final completion of the Buyer's Proj ect,maintain and deliver to the Seller evidence of and keep in full force and effect, or cause the general contractor(s) for the Buyer's Proj ect to maintain, either directly or through subcontractors, and to deliver to the Seller evidence of and keep in full force and effect a policy of Builder's Risk insurance in an amount equal to the amount of the general construction contract for the construction of Buyer's Proj ect. The policy shall(i)list Seller as an additional insured, (ii)be issued by companies licensed or approved by the CommonWealth's Insurance Commissioner and rated A-VII or better in the most recent edition of Best's Insurance Guide with respect to primary levels of coverage and(iii)be issued and delivered in accordance With Massachusetts law and regulations. Promptly upon execution of this Agreement by the Buyer,the Buyer shall deliver to the Seller a copy of the required policy and endorsements thereto on forms which are acceptable to the Seller. The insurance policy required by this Section 7.1 shall contain an endorsement providing that written notice shall be given to the Seller at least thirty(30) calendar days prior to termination, cancellation or reduction of coverage in the policy. The insurance coverage required herein may be effected under blanket insurance policies; provided,hoWever,that(a) such policies are Written on a per-occurrence basis, (b) such policies comply in all other respects with the provisions of this Article VII, and(c) the protection afforded under any such policy shall be no less than that which would be available under a separate policy relating only to this Agreement. If any coverage required by this Agreement is provided under blanket insurance policies, promptly upon execution of this Agreement and annually thereafter, the Seller shall be provided with a 16 PROPOSED FINAL FORM NOT FOR EXECUTION list of the proj ects covered by such blanket insurance policies,the dollar amount of each proj ect covered and such other information as the Seller may reasonably request to enable it to evaluate Whether the requirements of this article have been met, or, in the alternative, any such policy shall include a dedicated limit applicable solely to Buyer's Proj ect. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Buyer are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Buyer under this Agreement or constitute a representation or Warranty by the Seller that the coverage provided by such insurance is adequate for purposes of the Buyer or for any other purpose other than the protection of the interests of the Seller. The Seller shall have the right to waive the levels of coverage and types of insurance required hereunder. ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS 8.1 Representations, Warranties and Covenants of the Bu�. (a) Or�anization. The Buyer is duly organized and validly existing under the laws of the CommonWealth of Massachusetts, is authorized to do business in the Commonwealth, is in compliance With the laWs of the CommonWealth, and has the poWer and authority to own its properties and assets and to carry on its business in the Commonwealth as noW being conducted and as hereby contemplated. (b) Authority. The Buyer has the poWer and authority to enter into this Agreement and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by the Buyer. (c) Bindin._�Obli a._� tion. This Agreement is a legal,valid and binding obligation of the Buyer, enforceable against the Buyer in accordance with its terms, except as enforceability may be subject to the exercise of judicial discretion in accordance With general equitable principles and to applicable bankruptcy, insolvency,reorganization,moratorium and other laws for the relief of debtors heretofore or hereafter enacted to the extent that the same may be constitutionally applied. (d) Compliance with LaWs. In the permitting, design, acquisition and construction of the Buyer's Proj ect,the Buyer has complied and Will comply with the provisions of this Agreement and all applicable building, zoning, land use, environmental protection, sanitary and safety laws, rules and regulations, and all applicable grant,reimbursement and insurance requirements, and will not permit a nuisance thereon;but it shall not be a breach of this subsection if the Buyer fails to comply with such laws,rules,regulations and requirements (other than Chapter 21 E of the Massachusetts General LaWs, as amended) during any period in Which the Buyer is diligently and in good faith contesting the validity thereof. The Buyer shall not with knoWledge commit, suffer or permit any act to be done in,upon or to the Premises in violation of any law, ordinance,rule, regulation or order of any governmental authority. (e) Liti a._� tion. There are no pending or,to the best of the Buyer's knowledge,threatened actions, suits, or proceedings before any court, arbitrator or governmental or administrative body or Seller Which may materially adversely affect the properties,business or condition, financial or otherwise, of the Buyer or its ability to perform its obligations under this Agreement. 17 PROPOSED FINAL FORM NOT FOR EXECUTION (� No Conflicts. Neither the execution, delivery or performance of this Agreement nor compliance hereWith(i)conflicts or will conflict With or results or will result in a breach of or constitutes or will constitute a default under(1)the [Operating Agreement] of the Buyer, (2)to the best of the Buyer's knoWledge, any law or any order,Writ, injunction or decree of any court or governmental authority; or(3) any agreement or instrument to which the Buyer is a party or by which it is bound or(ii)results in the creation or imposition of any lien,charge or encumbrance upon its property pursuant to any such agreement or instrument. (g) No Approvals Required. No authorization, consent, or approval of any governmental authority(including courts)is required for the execution and delivery by the Buyer of this Agreement or the performance of its obligations hereunder. (h) Completion of Buyer's Proj ect. The Buyer will complete the Buyer's Proj ect in accordance With the terms of this Agreement and Within the timeframes set forth in this Agreement. (i) Buyer's Source of EquitY. The Buyer currently has, or has satisfactory access to, equity funds sufficient in the reasonable judgment of the Buyer, to develop the Premises. At the date of execution of this Agreement and again prior to the Closing,the Buyer shall provide a detailed written statement to Seller enumerating the sources and planned uses of such funds to complete Buyer's Proj ect. 8.2 Representations of the Seller. (a) Authority. The Seller has the poWer and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by the Seller. (b) Bindin._�Obli a._� tion. This Agreement is a legal,valid and binding obligation of the Seller, enforceable against the Seller in accordance with its terms, except as enforceability may be subj ect to the exercise of judicial discretion in accordance With general equitable principles and to applicable bankruptcy, insolvency,reorganization,moratorium and other laws for the relief of debtors heretofore or hereafter enacted to the extent that the same may be constitutionally applied. (c) No Material Liti a._� tion. To the knoWledge of the Seller,there are no actions, suits or proceedings pending or threatened, against or affecting the Seller or the Premises which, if determined adversely to the Seller,Would materially adversely affect its ability to perform its obligations hereunder. (d) No Conflicts. To the knowledge of the Seller,neither the execution, delivery or performance of this Agreement nor compliance hereWith(i) conflicts or will conflict with, or results or Will result in a breach of, or constitutes or Will constitute a default under, (1) any laW or any order,writ, injunction or decree of any court or governmental authority; or(2) any agreement or instrument to which the Seller is a party or by which it is bound or(ii)results in the creation or imposition of any lien, charge or encumbrance upon its property pursuant to any such agreement or instrument. (e) FIRPTA. The Seller is not a"foreign person" as defined in Section 1445 of the Code. 18 PROPOSED FINAL FORM NOT FOR EXECUTION 8.3 Brokers. The Seller and the Buyer represent and Warrant to each other that no brokerage fee or real estate commission is or shall be due or oWing in connection With this transaction, and the Seller and the Buyer's hereby agree to indemnify and hold the other harmless from any and all claims of any broker or agent based on action or alleged action of the other. The provisions of this Article VIII shall survive the Closing and delivery of the Deed. ARTICLE IX INDEMNIFICATION 9.1 Indemnification; Remedies of Bu�. (a) The Buyer,regardless of any agreement to maintain insurance,Will indemnify and defend the Seller, and its officers, directors, employees, agents, elected and appointed officials, committees,representatives and boards (collectively,the "Indemnitees") and hold the Indemnitees harmless from and against actual losses sustained by an Indemnitee on account of any and all claims arising out of(1)the design, engineering and construction of the Buyer's Proj ect by the Buyer or any of its consultants, engineers, advisors, contractors, subcontractors or suppliers; (2)the Buyer's nonpayment under any contract betWeen the Buyer and its consultants, engineers, advisors, contractors, subcontractors and suppliers, or any claims of persons employed by the Buyer or its agents to construct the Buyer's Proj ect; (3) any accident, inj ury or damage to any person occurring on the Premises or as a result of the Buyer's Proj ect during the construction thereof but only to the extent that such accident,injury or damage Was not caused by the negligent or intentionally tortuous act or omission of the Seller; (4) any default in the Buyer's obligations under this Agreement; (5) the Property Information as set forth in Exhibit D; and(6) all matters set forth in Section 3.2 hereof. In case any action or proceeding is brought against the Indemnitees,by reason of any such claim,the Buyer Will defend the same at its expense upon notice from any Indemnitee With counsel chosen by the Buyer subj ect to the reasonable approval of the Seller. The Seller and the Indemnitees will cooperate With the Buyer, at the expense of the Buyer, in connection therewith and will do nothing to compromise any defense. The Seller has the option,but not the obligation, of retaining separate counsel at its sole cost and expense for any purpose. Retention of such separate counsel by the Seller shall not relieve Buyer of the obligation to defend hereunder. (b) NotWithstanding any contrary provision in this Agreement,the Seller shall have the right to take any action not prohibited by law or make any decision not prohibited by laW With respect to proceedings for indemnity against the liability of the Indemnitees. The Seller may enforce its rights, including any and all rights available to Seller under laW or equity,under this Agreement by legal proceedings. The provisions of this Article IX shall survive the Closing and delivery of the Deed. ARTICLE X MISCELLANEOUS 10.1 Notices. 19 PROPOSED FINAL FORM NOT FOR EXECUTION All notices required or permitted to be given hereunder shall be in Writing and delivered by hand, by recognized national overnight courier service, or mailed postage prepaid,by registered or certified mail, addressed as follows: If to Buyer: with a copy to: If to Seller: ToWn of Lexington ToWn Hall 1625 Massachusetts Avenue Lexington,MA 02420 Attention: ToWn Manager with a copy to: Lexington ToWn Counsel Anderson&Kreiger LLP 50 Milk Street,21 St Floor B o ston,MA 02109 or in the case of either party to such other address as shall be designated by Written notice given to the other party. Any such notice shall be deemed given when so delivered by hand or one(1) day after When deposited With a nationally recognized overnight courier service or three days after deposit With the U.S. Postal Service, except that where under this Agreement any time period is specified to commence from notice, such time period shall not be deemed to commence until, according to applicable records of the courier service or U.S. Postal Service, delivery of such notice was first attempted. Notices Which are given by either party may be given by the attorney for such party without the signature of such party. 10.2 Non-Offer. The submission of a draft of this Agreement or a summary of some or all of its provisions does not constitute an offer to buy or to sell the Premises, it being understood and agreed that neither the Buyer nor the Seller shall be legally obligated with respect to the purchase or sale of the Premises on account of such submission unless and until this Agreement has been fully executed by both the Buyer and the Seller and a fully executed copy has been delivered. 10.3 Survivability of Covenants. The acceptance of the Deed by the Buyer or the nominee designated by the Buyer, as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except for the provisions which are not capable of having been performed on or before the Time of Closing or which by their terms survive delivery of the Deed. Any covenants or provisions in this Agreement Which by their terms should survive delivery of the Deed shall be deemed to survive said delivery. 10.4 Complete A�reement. This Agreement and all Exhibits attached hereto constitute the entire Agreement between the parties hereto and no oral statements made by anyone with regard to the transaction which is the subj ect of this Agreement shall be construed as a part hereof unless the same is incorporated herein by Writing. 10.5 Severability. 20 PROPOSED FINAL FORM NOT FOR EXECUTION If any provision of this Agreement or application to any party or circumstances shall be determined by a final,unappealed ruling of any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by laW. In the place of such invalid or unenforceable provision,there shall be substituted a similar,but valid and enforceable provision that comports to the findings of the aforesaid court and most nearly accomplishes the original intent of the parties. 10.6 Time of Essence. Time is of the essence under this Agreement. 10.7 Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of Which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. 10.8 Recordin�. The Seller, at its sole option and expense,may elect to record this Agreement With the Registry. 10.9 Successors Bound. This Agreement shall be binding upon and shall inure to the benefit of the Seller and the Buyer and their successors,including any successors in title, and permitted assigns. 10.10 General. This instrument is to be construed as a Massachusetts contract, sets forth the entire contract betWeen the parties and may be canceled,modified or amended only by a written instrument executed by both the Seller and the Buyer. Both Parties have actively participated in the drafting and negotiation of this Agreement, and any ambiguity herein shall not be construed against either Party as drafter. 10.11 Captions. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Agreement or the scope or content of any of its provisions. 10.12 Request for Proposals Incorporated. The terms and conditions of the RFP issued by the Town of Lexington dated ,2024 (including all Addenda thereto issued by the ToWn, if any), as Well as the Buyer's response to the same are incorporated herein by reference. A copy of the RFP and all such Addenda is on file in the office of the Town Purchasing Agent,provided hoWever that in the event of a conflicts between the provisions of the RFP,the Buyer's RFP response, and this Agreement,the provisions of this Agreement shall govern. 10.13 Enforcement. 21 PROPOSED FINAL FORM NOT FOR EXECUTION The parties hereto, and thereafter the permitted successors and assigns of the parties hereto, covenant and agree that the Buyer will reimburse the Seller for all reasonable costs and expenses (including without limitation attorney's fees and expenses)incurred by Seller in enforcing this Agreement or in remedying or abating any violation thereof. 10.14 List of Exhibits. EXHIBIT A—Plan of Land/Premises EXHIBIT B—Buyer's Project EXHIBIT C—Right of Entry Agreement EXHIBIT D—Property Information EXHIBIT E—Approvals EXHIBIT F—Disclosure of Beneficial Interest EXHIBIT G—Repurchase Agreement 22 PROPOSED FINAL FORM NOT FOR EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal as of the day and year first above written. SELLER: TOWN OF LEXINGTON By: Name: Title: BUYER: � � By: Name: Title: 23 PROPOSED FINAL FORM NOT FOR EXECUTION EXHIB IT A Plan of Land/Premises A-1 PROPOSED FINAL FORM NOT FOR EXECUTION EXHIB IT B Buyer's Proj ect B-1 PROPOSED FINAL FORM NOT FOR EXECUTION EXHIB IT C RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT(this"A�reement")is made this day of , 2023 by and betWeen Town of Lexington,acting by and through its Select Board, (the"Seller"or"ToWn"), a Massachusetts municipal corporation, having an address of Town Hall, 1625 Massachusetts Avenue, Lexington,MA 02420 and[ ],a[ ] having its business address [ ] ("Developer"). WHEREAS,the Town and Developer are parties to that certain Land Disposition Agreement(the "LDA") concerning the sale and development of approximately 3.1 acres, located on LoWell Street near the northeast corner of North Street and LoWell Street in Lexington, Middlesex County, CommonWealth of Massachusetts, identified on the Lexington Assessor's Map 68 as Parcel 44 (the "Property"); WHEREAS, Developer desires to access the Property for the purpose of conducting certain due diligence with regard to the condition of the Property, as further described herein; WHEREAS, the ToWn agrees to permit such access and due diligence, subj ect to the terms and provisions of this Agreement. NOVV,THEREFORE,for good and valuable consideration,the receipt and sufficiency of Which are hereby acknoWledged,the Town and Developer hereby agree as follows: (a) Developer's Inspection Rights. Subj ect to the provisions of this Agreement, for a period of sixty (60) days after the date of this Agreement, the Developer, and the Developer's employees, contractors, consultants,agents and representatives(collectively"Developer's Representatives")may enter the Property,at the Developer's sole risk and the Developer's sole cost and expense, [to conduct and survey of the Property] collectively, "Developer's Investi at._� ions"). Notwithstanding anything to the contrary contained above,with respect to the performance of any excavation or any environmental tests or studies of the Property involving sampling, testing or analyzing samples of water, soil or building materials, the Developer shall first obtain the prior written approval of the Seller as to the identity of the company or persons Who shall perform such excavation, tests or studies and a written proposal outlining the proposed scope of such excavation,test and studies,which approval may be Withheld by the Seller in its sole and absolute discretion. The Developer shall not perform any excavation, environmental tests or studies of the Property other than as so approved by the Seller. All Developer's Investigations which are permitted under this Agreement shall be done at reasonable times, and after tWo (2) business days' Written notice (which may be by email) to [ ] ("Seller's Representative"). The Developer and the Developer's Representatives shall take all reasonable precautions to minimize the impact of all Developer's Investigations on the Property. All Developer's Investigations shall be conducted in accordance with all applicable laWs, codes, ordinances, orders, rules, regulations, and by-laWs (collectively "Laws"). If the Developer proposes to take any test samples on the Property in connection With any of Developer's Investigations, the Developer must give the Seller three (3) Business Days' notice prior to performing such sampling so that the Seller may have the opportunity to be present and to split or take its own test samples. If any damage to the Property is caused by the activities or operations of the Developer or Developer's Representatives during the term of this Agreement,the Developer shall,at its sole cost and expense,repair all damage to the Property caused by any of Developer's Investigations and restore the Property (including, Without limitation, all exterior building surfaces, paving and PROPOSED FINAL FORM NOT FOR EXECUTION landscaping)to its former condition to the extent reasonably practical,prior to the expiration of thirty(30) days from the expiration or termination date of this Agreement. The Developer shall deliver to the Seller, promptly after the receipt thereof, copies of all studies, analyses, reports and assessments (both final and interim versions) relating to any of Developer's Investigations involving environmental testing or studies. The Developer shall not submit a copy of any such data or report to any governmental authority unless specifically required to do so by applicable Law; and, if so required, the Developer agrees that the Seller, not the Developer or any Developer's Representative, shall make such disclosure as the Seller deems appropriate. (b) Developer's Risk and Indemnification. The Developer assumes all risks associated with the performance of Developer's Investigations, including, without limitation, all damage to property (including, without limitation, the Property) and all injuries and loss caused by the Developer and the Developer's Representatives and contractors and agrees to defend, indemnify and hold harmless the Seller and its employees,agents,consultants,contractors and subcontractors of,from and against any and all personal injuries to any person,costs,losses,claims,defenses,demands,damages,liabilities,damage to property,expenses and other obligations(including,without limitation,reasonable attorneys' fees and court costs)arising from,out of or in connection With or otherwise relating to,the entry onto the Property by,or the performance of Developers Investigations by,the Developer or any of the Developer's Representatives and contractors. (c) Insurance. The Developer shall carry (i) commercial general liability coverage With a combined single limit of not less than$1,000,000 per occurrence and$2,000,000 general aggregate, covering liabilities arising out of the Developer's activities on the Property pursuant to this Agreement, (ii) worker's compensation insurance With coverage at least equal to statutory limits,(iii)employer's liability insurance with a limit not less than $1,000,000 each accident, and(iv) automobile liability insurance covering oWned, non- owned,leased and hired vehicles,in a combined single limit of not less than$1,000,000 for Bodily Injury and Property Damage. The Developer's insurance policies shall (i)name the Seller as an additional insured with respect to the Property,and(ii)be primary and noncontributory as to all other policies. It is further agreed that the Developer and its insurer(s) providing coverage must Waive all rights of subrogation and/or contribution against the Seller. Prior to entry upon or commencement of any activities on the Property,the Developer shall deliver a true and correct copy of a certificate of insurance and endorsements to the Seller in a form and substance satisfactory to the Seller evidencing the required coverages, and providing that should any of the policies above be cancelled before the expiration date thereof,notice Will be delivered in accordance with the policy provisions. The Developer shall ensure that the Developer's Representatives are adequately insured without necessity of duplicating the Developer's required insurance. (d) Nothing in this Agreement shall be deemed to amend or otherwise modify the terms and provisions of the LDA. The provisions of this Agreement shall survive, as applicable, the recission, cancellation or termination of this Agreement. An email,facsimile,or electronic signature on this Agreement shall be equivalent to, and shall the same force and effect as, an original signature. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but such counterparts together shall constitute one and the same instrument. [Signature Page FolloWs] ii PROPOSED FINAL FORM NOT FOR EXECUTION Executed as of the date first written above. SELLER: ToWn of Lexington By: Name: Title: DEVELOPER: � � iii PROPOSED FINAL FORM NOT FOR EXECUTION EXHIBIT D Property Information iv PROPOSED FINAL FORM NOT FOR EXECUTION EXHIBIT E Approvals v PROPOSED FINAL FORM NOT FOR EXECUTION EXHIBIT F Disclosure of Beneficial Interest Form INSTRUCTION SHEET NOTE: The Division of Capital Asset Management and Maintenance(DCAMM)shall have no responsibility for insuring that the Disclosure Statement has been properly completed as required by laW. Acceptance by DCAMM of a Disclosure Statement for filing does not constitute DCAMM's approval of this Disclosure Statement or the information contained therein.Please carefully read M.G.L. c. 7C,s. 38 which is reprinted in Section 8 of this Disclosure Statement. Section(1): Identify the real property,including its street address, and city or toWn. If there is no street address then identify the property in some other manner such as the nearest cross street and its tax assessors' parcel number. Section(2): Identify the type of transaction to Which this Disclosure Statement pertains--such as a sale, purchase,lease,etc. Section(3): Insert the exact legal name of the Public Agency participating in this Transaction with the Disclosing Party. The Public Agency may be a Department of the CommonWealth of Massachusetts,or some other public entity.Please do not abbreviate. Section(4): Insert the exact legal name of the Disclosing Party. Indicate whether the Disclosing Party is an individual,tenants in common,tenants by the entirety,corporation,general partnership,limited partnership, LLC,or other entity. If the Disclosing Party is the trustees of a trust then identify the trustees by name, indicate that they are trustees,and add the name of the trust. Section(5): Indicate the role of the Disclosing Party in the transaction by checking one of the blanks.If the Disclosing Party's role in the transaction is not covered by one of the listed roles then describe the role in words. Section(6): List the names and addresses of every legal entity and every natural person that has or Will have a direct or indirect beneficial interest in the real property. The only exceptions are those stated in the first paragraph of the statute that is reprinted in Section 8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city or town,insert"inhabitants of the(name of public entity)."If the Disclosing Party is a non-profit With no individual persons having any beneficial interest then indicate the purpose or type of the non-profit entity. If additional space is needed,please attach a separate sheet and incorporate it by reference into Section 6. Section(7):Write"none"in the blank if none of the persons mentioned in Section 6 is employed by DCAMM. Otherwise list any parties disclosed in Section 6 that are employees of DCAMM. Section(S): The individual signing this statement on behalf of the Disclosing Party acknowledges that he/she has read the included provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J)of the General LaWs of Massachusetts. vi PROPOSED FINAL FORM NOT FOR EXECUTION Section(9): Make sure that this Disclosure Statement is signed by the correct person.If the Disclosing Party is a corporation,please make sure that this Disclosure Statement is signed by a duly authorized officer of the corporation as required by the statute reprinted in Section 8 of this Disclosure Statement. This completed and signed Disclosure Statement should be mailed or otherwise delivered to: Deputy Commissioner for Real Estate Division of Capital Asset Management and Maintenance One Ashburton Place, 15th Floor,Boston,MA 02108 vii PROPOSED FINAL FORM NOT FOR EXECUTION The undersigned party to a real property transaction With a public agency hereby discloses and certifies,under pains and penalties of perjury,the folloWing information as required by law: (1) REAL PROPERTY: Lowell Street,Lexington,Massachusetts (2) TYPE OF TRANSACTION,AGEEMENT,or DOCUMENT: Sale (3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: ToWn of Lexington (4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY(IF NOT AN INDNIDUAL�: (5) ROLE OF DISCLOSING PARTY(Check appropriate role�: Lessor/Landlord Lessee/Tenant Seller/Grantor X Buyer/Grantee Other(Please describe): (6) The names and addresses of all persons and individuals who have or Will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an oWner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as folloWs (attach additional pages if necessary): NAME RESIDENCE (7) None of the above-named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts,except as listed below(insert"none"if none): ��} T°h�individual si�nin��his s��.t�m�nt�n b�half of th� ab�v�-n�rn�d part�r��kr��wl�d��s that h��sh�has r��.d�h�f�ll��in�pro�isions �f Ch�p��r 7�, S��tion 3� (forrn�rly�h�pt�r 7, S��tion 40J� of th� C��n�ral I��,ws of l�I�,ssa�hus�t�se 1�o cz��°��zent t� ��t c��t�►s°�ll�ec�l��o�e�t�y to c��t�► ��nt c��u��hc�s°e�eczl��►��ty f��►r�z ' �� ' � � 0 9 viii PROPOSED FINAL FORM NOT FOR EXECUTION � �° ' , �° � � � ba � � �� ° � , 0 ns° s° s° s , s° ' � s° �,s _ ' _ _ � _ � _ � _ � � n�° , 0s s s° ,s � ' ' , � a �� e ' � ,s � , �s° s° ,s a� a a � a� a � �' e � a� a a� (9) This Disclosure Statement is hereby signed under penalties of perjury. PRINT NAME OF DISCLOSING PARTY(from Section 4,above) AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE(MM/DD/YYYY) PRINT NAME&TITLE of AUTHORIZED SIGNER ix PROPOSED FINAL FORM NOT FOR EXECUTION EXHIBIT G Repurchase Agreement REPURCHASE AGREEMENT This REPURCHASE AGREEMENT (this "A�r-eement")is made and entered into as of the day of , 20 , by and betWeen the Town of Lexington, acting by and through its Select Board, (the "Seller"or"ToWn"), a Massachusetts municipal corporation,having an address of ToWn Hall, 1625 Massachusetts Avenue, Lexington, MA 02420 and [ ] (the "Developer"), a [ ] having its business address [ ]. Recitals �VHEREAS, pursuant to the terms of a deed of even date herewith to be recorded with the Middlesex County District Registry of Deeds(the"Re ist "),and a Land Disposition Agreement between the Town and the Developer dated , 2024 (the "LDA"), a notice of which LDA is recorded With the Registry in Book , Page , the ToWn has sold to the Developer, and the Developer has purchased from the Town, the property described on Schedule 1 attached hereto and incorporated herein(the"PropertY"); and �VHEREAS, the Developer intends to develop and construct on the Property a proj ect (the "Pro�ect")consisting of [number of units to be inserted based on response to RFP], all of all such neW rental housing units being affordable, in accordance with those certain plans approved by the ToWn of Lexington Select Board and the ToWn of Lexington Planning Board in accordance with the LDA; �VHEREAS, the parties desire to set forth their understanding regarding the Developer's commitment to promptly commence and diligently prosecute construction of the Proj ect on the Property as contemplated by the LDA, and the ToWn's rights in connection therewith in the event the Developer fails to timely commence the Proj ect, achieve any of the requisite construction milestones, or complete the Proj ect, as contemplated by the LDA, subj ect to the terms and provisions set forth in this Agreement. NOW, THEREFORE, in consideration of the Recitals set forth above, Which are incorporated in and made a part of this Agreement, and in consideration of the mutual covenants and agreements herein contained,the Town and the Developer hereby agree as follows: 1. Defined Terms. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the LDA. 2. Developer's Obli ations. The Developer shall: (i) Commence the Proj ect by the Proj ect Commencement Date; (ii) diligently, continuously and expeditiously prosecute the construction of the Proj ect, (iii) Complete the Proj ect by the Proj ect Completion Date, as any such dates may be extended by Force Maj eure pursuant to the LDA and (iv) maintain 100% of the units as affordable (collectively, the "Developer's Obli ations"). 3. Repurchase Right. x PROPOSED FINAL FORM NOT FOR EXECUTION a. The failure of the Developer to comply With any of the Developer's Obligations shall constitute a "Default" hereunder. The Developer shall have sixty (60) days following receipt of written notice from the ToWn to cure such Default to the reasonable satisfaction of the ToWn, or if such Default is curable through the use of diligent efforts but is not so curable Within such 60-day period, then within such longer period as is approved by the Town (Which approval may be provided by the Town Manager) to cure the same, provided the cure is commenced promptly after receipt of said notice and continuously and diligently prosecuted to completion, subj ect to Force Maj eure(the"Cure Period"). b. If the Default remains uncured after the expiration of the Cure Period, then the ToWn shall have the option,but not the obligation,to repurchase the Property and the improvements thereon (the"Repurchase Right")by notifying the Developer in Writing within thirty(3 0) days after the expiration of the Cure Period of the ToWn's election to repurchase the Property for the Repurchase Price,as hereinafter computed. c. In the event that the ToWn exercises its Repurchase Right, the closing shall occur on such a date that is no earlier than sixty(60) days and no later than one year after the Town exercises its Repurchase Right(the"Closin._�Date"). d. On or prior to the Closing Date: (i) the Developer shall convey to the Town (or its designee), by Quitclaim Deed,good,clear record,and marketable title to the Property and all improvements thereon, free and clear of all liens and encumbrances, except those approved in writing by the Town thirty(30) days prior to the Closing Date, those in existence as of the date of the Developer's purchase of the Property; (ii) the ToWn shall pay the Repurchase Price to the Developer, in cash or by certified check or bank check or by wire transfer of funds; and (iii) recording fees and adjustments, if any, shall be paid in accordance With customary Massachusetts conveyancing standards. e. On or prior to the Closing Date, the Developer shall assign to the ToWn (or its designee) all of its rights, title, and interest in all plans, reports, improvements, warranties, permits, approvals and the like relating to the Proj ect, with all fees and expenses related to such work due and payable for the Work completed and permits issued as of the Closing Date,to be paid by the Developer in full. f. For purposes of this Agreement, the term"Repurchase Price" shall mean the sum of$100.00,representing the Purchase Price paid by the Developer to the ToWn pursuant to the LDA. 4. Resale. After the Closing Date, the ToWn shall use its commercially reasonable efforts to resell the Property and the improvements thereon as soon and in such manner as the Town shall find feasible (subject to the requirements of applicable LaWs including,Without limitation,M.G.L.c. 30B),to a qualified and responsible party or parties (as determined by the Town),who will assume the obligation of making or completing the improvements or such other improvements in their stead as shall be satisfactory to the Town and in accordance with the uses specified for such property or part thereof in the LDA. Upon such resale of the Property and the improvements thereon,the proceeds thereof shall be applied and credited as follows: xi PROPOSED FINAL FORM NOT FOR EXECUTION a. First, to reimburse the ToWn for all costs and expenses incurred by the Town in connection With the repurchase,management,and resale of the Property and the improvements thereon(but less any income received by the ToWn from the Property and the improvements thereon in connection with such management) (including reasonable attorneys' fees); all taxes, assessments, and water and seWer charges with respect to the Property and the improvements thereon or, in the event the Property and the improvements thereon are exempt from taxation or assessment or water and seWer charges during the period of oWnership thereof by the ToWn, an amount equal to such taxes, assessment, or charges (as reasonably determined by the appropriate Town officials) as would have been payable if the Property and the improvements thereon were not so exempt); any payments made or necessary to be made to discharge any monetary encumbrances or liens due to obligations, defaults or acts of the Developer; any reasonable expenditures made or obligations incurred with respect to the completion of the improvements on the Property, and any amounts otherwise oWing to the Town by the Developer under the LDA; b. [Second, in their respective order of priority,to pay any and all existing mortgage indebtedness and to make all and whatever payments may be necessary to discharge any other encumbrances or liens existing or threatened on the Property and the improvements thereon, in favor of mechanics,materialmen or subcontractors;] c. Third, if there is any balance of proceeds remaining, to use the balance of the proceeds to reimburse the Developer for and up to the amount of cash actually invested by it in the improvement of the Property less any profit theretofore realized by the Developer from the disposition of any interest in the Property and the improvements thereon or in any individual part or parcel thereof; and d. Finally, any balance remaining after such reimbursements shall be retained by the ToWn as its property. NotWithstanding the foregoing, the ToWn may, in its sole and absolute discretion, elect to retain ownership of the Property and in such an instance,the Town shall pay the Repurchase Price and reimburse the Developer for the unamortized value of the improvements on the Property less any existing mortgage indebtedness and encumbrances or liens existing on the Property. 5. Termination. Upon the issuance of a Certificate of Completion for the Proj ect in accordance With the LDA, this Agreement and the rights granted here under shall automatically terminate without requirement of any further actions or agreements by either the Developer or the ToWn. NotWithstanding the foregoing, the Town hereby agrees to execute any appropriate and reasonable documentation, in recordable form,necessary to terminate this Agreement as a matter of record. 6. Miscellaneous. a. Notices. Any and all notices required herein shall be in Writing and shall be deemed properly given upon the earlier of: (i)two (2) Business Days after deposit with the United States Postal Service, if sent by registered or certified mail,return receipt requested,postage prepaid; (ii) one (1) Business Day after deposit with an express courier service such as Federal Express; or(iii) actual receipt. All such notices Will be delivered to the address specified below or each other address as the respective parties may designate in Writing: if to the Developer: xii PROPOSED FINAL FORM NOT FOR EXECUTION if to the Town: ToWn of Lexington ToWn Hall 1625 Massachusetts Avenue Lexington,MA 02420 Attention: ToWn Manager with a copy to: Lexington ToWn Counsel Anderson&Kreiger LLP 50 Milk Street, 21 St Floor Boston,MA 02109 b. The provisions of this Agreement are not intended to create, nor shall they in any way be interpreted to create, a j oint venture, a partnership, or any other similar relationship between the parties. c. The captions heading the various sections of this Agreement are for convenience and identification purposes only, and they shall not be deemed to limit or define the contents of their respective sections. d. Except as otherwise expressly provided in this Agreement, no delay or omission by either of the parties in exercising any right or poWer accruing upon the other party's non-compliance with or failure to perform any of the provisions of this Agreement shall impair or be construed to be a waiver of any such right or poWer. e. The parties hereto acknowledge and agree that this Agreement has been negotiated at arm's length and betWeen parties equally sophisticated and knowledgeable in the matters dealt With in this Agreement. Accordingly, any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it, or in favor of the non-drafting party, is not applicable and is Waived. The provisions of this Agreement shall not be construed strictly or in favor of or against any party hereto but rather shall be interpreted in a reasonable manner to effect the intent of the parties as set forth in this Agreement. f. This Agreement shall be binding upon and inure to the benefit of the ToWn and the Developer and their respective permitted successors and assigns subject to the provisions of this Agreement and the LDA. g. This Agreement may be executed in several counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. h. Amendments, modifications, supplements or changes to this Agreement shall be in writing, signed by both parties. i. If any provision of this Agreement or application to any party or circumstances shall be determined by a final, unappealed ruling of any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. In the place of such invalid or unenforceable provision,there shall be substituted a like,but valid and enforceable provision xiii PROPOSED FINAL FORM NOT FOR EXECUTION that comports to the findings of the aforesaid court and most nearly accomplishes the original intent of the parties. j. A notice of this Agreement shall be recorded in the Registry With the parties dividing the cost of such recordation equally betWeen the parties. k. Each party shall, without charge, at any time and from time to time hereafter, within fifteen (15) days after receipt of written request of the other, certify by Written instrument, duly executed and acknoWledged,to any mortgagee or purchaser,or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) Whether this Agreement has been supplemented or amended, and, if so, the substance and manner of the supplement or amendment; (ii) whether any default exists under this Agreement, and, if so, a description of each default; (iii)whether any offsets, counterclaims, or defenses exist on the part of the responding party With respect to the obligations under this Agreement, and, if so, the nature and amount of such offsets, counterclaims, or defenses; and (iv) such other matters as may be reasonably requested. Any such certificate may be relied upon by the addressee,and said addressee may rely on same to the extent of estopping the party providing the certificate from asserting a claim or defense inconsistent With the facts therein to the extent relied upon by the addressee Without knowledge of the facts to the contrary, and the contents of such certificate shall be binding on the party executing the same to such extent. l. This Agreement shall be governed by the laWs of the Commonwealth of Massachusetts. [Signature Page FolloWs] xiv PROPOSED FINAL FORM NOT FOR EXECUTION IN WITNESS �VHEREOF, the ToWn and the Buyer have executed this Agreement as of the date first above written. TOVVN OF LEXINGTON: By its Select Board � � By: Name: Title: xv DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Add Logo Request for Proposals#25-24 Disposition of land located at Le�ngton Assessor's Map 68, Parcel 44 Lowell Street Lexington, MA 02420 Due Date: Thursday,August 22, 2024 Due Time: 12:00 PM EST Town of Le�ngton Select Board 1625 Massachusetts Avenue, Lexington, MA 02420 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Section I.: Legal Notice Legal Notice The Town of Lexington Select Board (the "Select Board") acting through the Lexington Affordable I�ousing Trust(the"Affordable I�ousin Trust") seeks sealed proposals from qualified developers for the development of 100% affordable rental housing on a 3.1 acre parcel shown on the Lexington Assessor's Map 68 as Parce144, located on Lowell Street near the northeast corner of North Street and Lowell Street in Lexington, MA ("Parce168-44"). The purpose of this request for proposals ("RFP") is to select a developer with demonstrated experience and capacity to acquire and carry out a development proj ect on Parce168-44 that best addresses the needs and goals of the community as described in this RFP. The most advantageous proposal, from a responsive and responsible proposer, taking into consideration all evaluation criteria set forth in the RFP,will be selected. It is the intent of the Town to convey this property to the successful developer at a nominal cost. A full bid package with specifications will be available for download on Thursday, June 27, 2024 at 12:00 PM via the Town of Lexington webpage- www.lexingtonma.gov/bids.aspx. A property site walk, followed by a Pre-Bid Conference with Town staff (and Trustees of the Lexington Affordable Housing Trust) will be held on Tuesday, July 23 at 9:30 AM (Rain Date: July 24). A zoom link will be sent to all prospective bidders wishing to attend the Pre-Bid Conference virtually. Questions regarding this RFP must be submitted by email to Elizabeth Mancini at emancini(a�lexin tonma. o�v by 4:00 PM on Monday, July 29, 2024. All bids are due to the Town Office Building- Purchasing Department, 1625 Massachusetts Ave, Lexington,MA 02420 by Thursday,August 22,2024 at 12:00 PM. Responses must be complete and signed. At that time a public bid opening will be held in the Select Board Meeting Room. [Dates and final procurement logistics to be confirmed with procurement] Any conveyance of the property issued in response to a successful bid must be approved by the Select Board. The Select Board reserves the right to rej ect any or all bids. The Select Board reserves the right to cancel the conveyance or to not sell this parcel if doing so is in the best interest of the Town. Section II.: Notice of Request for Proposals Description: The Select Board, acting through the Affordable I�ousing Trust, invites qualified developers to submit sealed proposals for the development of Parce168-44. Full specifications are included herein. RFP Packages: RFP Packages will be available beginning Thursday, June 27,2024 at 12:00 PM. RFP Packages may be downloaded from the Town webpage- www.lexingtonma.gov/bids.asxp. The Town has responsibility for maintaining a control list of all potential proposers. 2 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Due Date & Time: Proposals are due by 12:00 PM EST on Thursday, August 22, 2024. Proposals must be delivered to the location and contact listed below on or prior to the exact time and date indicated above. It is the sole responsibility of bidders to ensure timely receipt. LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. Place: Proposals must be delivered to: Town Office Building Purchasing Department- attn.: Elizabeth Mancini 1625 Massachusetts Avenue Lexington, MA 02420 Pre-Bid Site Walk and Conference: A property site walk, followed by a Pre-Bid Conference with Town staff(and the Affordable Housing Trust)will be held on Tuesday,July 23,2024 at 9:30 AM(Rain Date: July 24). A zoom link will be sent to all prospective bidders wishing to attend the Pre-Bid Conference virtually. The purpose of the conference and walk through is to assist prospective proposers in the interpretation of the RFP,and other technical matters. This conference and site walk are not mandatory, but attendance is highly recommended. Questions: Questions regarding this RFP must be submitted by email to Elizabeth Mancini at emancini(a�lexin tonma. og v by 4:00 PM on Monday, July 29, 2024. It is anticipated that a compilation of all questions and responses will be distributed via email to prospective proposers by 4:00 PM by Friday, August 2, 2024. Land Disposition Agreement and Transaction Timing: This RFP includes a proposed form of Land Disposition Agreement ("LDA") as Attachment A hereof. Proposals should identify any exceptions or concerns with the proposed LDA. The Town reserves the right to accept or rej ect any such exceptions or proposed modifications to the LDA in its sole discretion. Exceptions or concerns not raised prior to submittal shall not be considered thereafter; however, the Town reserves the right to make amendments to the final LDA as deemed appropriate in the judgment of the Town to account for the acceptance of exceptions. The Select Board intends to enter into the LDA within thirty (30) days of issuance of a Notice of Award (or within any extension to which the Select Board may agree to in writing). The selected developer will have a period of time, as set forth in the LDA, to perform due diligence, including with respect to any environmental issues, design, securing zoning approvals, etc. The closing date for the real estate transaction will be negotiated as part of the LDA. 3 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Section III.: RFP Timeline ALL TIMES EASTERN STANDARD TIME; ALL REFERENCES TO DAYS SHALL MEAN CALENDAR DAYS UNLESS OTHERWISE NOTED Thursday,June 27, 2024; 12 PM RFP Available Tuesday, July 23, 2024; 9:30 AM Site Walk: Prospective Bidders Must RSVP to Elizabeth Mancini at (July 24, Rain Date) emancini(a�lexin�tonma.�ov Tuesday, July 23, 2024; 11:30 AM Pre-Bid Conference (in-person and virtually) (July 24, Rain Date) Monday, July 29, 2024; 4 PM Last day to submit questions or requests for clarification from pre-bid conference and site walk.All questions must be submitted in writing via email to Elizabeth Mancini at emancini(�a,lexin�tonma.�ov by 4:00 PM EST Thursday,August 22, 2024; 12 PM Proposal Due Date Anticipated to be week of October Notification of Award 14-18, 2024 Section IV.: Proposal Checklist Proposals in response to this RFP should be marked "Parcel 68-44 Housing Non-Price Proposal" and must include all documents and information required this RFP and must be completed and signed by a duly authorized signatory. The proposal should include a cover page labeled"Parce168-44 Housing Proposal", should be addressed to the Select Board and Lexington Affordable Housing Trust, and should specify (1) the name of the proposer; (2) a primary contact person, and(3) all contact information. The proposal should include one clearly marked original of the proposal with required attachments. Section V.: Proposal Submission Requirements This is a Request for Proposals (RFP) from qualified parties for the development of Parcel 68-44, which is owned in fee by the Town. Please �ead this enti�e document befo�e �esponding o�submitting questions. Thank you fo�you� inte�est and coope�ation! 4 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) It is mandatory that proposals be submitted in sealed envelopes. Submission Requirements: Proposals must include Exhibits A-I�:The Proposal signature page,Exceptions,and all applicable Certifications as provided in this RFP. Any exceptions taken to the conditions or specifications cited herein must be clearly stated on Exhibit B of the proposal. In addition, a redline of the LDA showing proposed exceptions to the form of LDA in Attachment A should also be included. Exceptions or concerns not raised prior to submittal shall not be considered thereafter; however, the Town reserves the right to make amendments to the final LDA as deemed appropriate in the sole judgment of the Town to account for the acceptance of exceptions. Proposals must be submitted on the forms provided, in accordance with all specified proposal submission requirements as specified in the Description & Specifications. Proposers are solely responsible for all costs associated with their proposal. The Town and its boards, commissions, committees (including the Affordable Housing Trust), agents, employees, representatives and volunteers shall not be responsible for any such costs. Competency of Proposers Only those proposers who submit all forms and materials as required will be considered responsive and responsible. No proposal will be considered unless the proposers submitting the same shall furnish evidence satisfactory to the Affordable Housing Trust, or another group to be assigned by the Select Board, that it has the ability,and financial resources to fulfill the conditions of the LDA and specifications. No contract will be awarded to any proposer who is in arrears to the Town upon debt or contract, or who is a defaulter as to surety or otherwise upon any obligation to the Town. Acceptance or Rej ection of Proposal The Select Board reserves the right to select a proposal at any time within ninety (90) days after the proposals are received. The proposers shall submit its proposal on the proposal-contract forms if so provided. The Select Board reserves the right to rej ect any or all proposals and waive informalities. Any proposal deemed incomplete will be rej ected outright for non- responsiveness to the requirements of the RFP. Names of Proposers Each proposal must contain the full name and address of each person or company interested therein. In the case of a partnership, the name and address of each partner must be stated on the proposal form. The firm, corporate, or individual name must be signed by the proposers in the space provided for signature on the forms. In the case of a corporation, the title of the officer signing must be stated and the corporate seal must be affixed. In the case of a partnership, the signature of at least one of the partners must follow the firm name using the term"members of firm".Individuals use the term"doing business as ," Or"Sole Owner." Other Submittal Requirements: 5 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) 1. Proposals must be submitted on the proposal-contract forms provided. 2. All proposals must contain Exhibits A- I�: The Proposal Signature page, and all applicable Certifications provided. 3. The proposal document must be submitted with an original ink signature by the person authorized to sign the proposal. 4. Erasures, interlineations or other modifications in the proposal shall be initialed in original ink by the authorized person signing the offer. 5. It is the responsibility of all proposers to examine the entire RFP packet and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing an offer confers no right of withdrawal after the due time and date. 6. All information in the proposal should be organized and presented as requested. Accuracy and completeness are essential. The successful proposal will be incorporated into a contract. The proposal should provide a straightforward and concise description of the proposer's commitment and ability to perform the services described in this document. A proposal may be deemed to be non- responsive, at the Affordable Housing Trust's, or another group to be assigned by the Select Board, sole discretion, if the proposer fails to comply with the terms set forth in this RFP. 7. This RFP is an open and competitive process pursuant to Massachusetts General Law, Chapter 3 OB. 8. If any changes are made to this RFP, an addendum will be distributed to all parties who have received the RFP. 9. A proposer may correct, modify, or withdraw a proposal by written notice if received by the Town prior to the time and date set for the submittal of proposals. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No. _." Each modification must be numbered in sequence and must reference the original proposal. After the proposal opening, a proposer may not change any provision of the proposal in a manner prejudicial to the interests of the Town or fair competition. Permission will not be given to withdraw or modify any proposal after the deadline for submittal except in accordance with the RFP. 10. Minor informalities may be waived by the Town or the Town may allow the proposer to correct them. If a mistake and the intended correct wording are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct meaning and the Proposer will be notified in writing; A proposer may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct wording is not similarly evident. 6 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) 11. All proposals must be signed by appropriate, authorized individual or individuals, e.g., if the proposer is a partnership, by the name of the partnership, with the signature of each general partner. If the proposer is a corporation, it must be signed by the authorized officer whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed, or appropriate certificate of authorization. 12. Written addenda issued will be emailed to all parties that the Town is aware of that have requested documents using the contact information provided to the Town. Absence of"failure"messages electronically transmitted from addressee's site will serve as confirmation of delivery of addenda. Proposers should contact Elizabeth Mancini at emancini(�a,lexin tonma. o�v if they believe an addendum has not been received. 13. The Select Board reserves the right to cancel all or part of this solicitation. 14. The issuance of this RFP does not imply any commitment to sell or transfer parcels to any proposer. The Select Board, in its sole discretion,reserves the right to rej ect all proposals and waive informalities if deemed to be in the best interest of the Town. Section VI.: Project Overview,Description& Specifications Introduction The Select Board, acting through the Lexington Affordable Housing Trust, seeks sealed proposals from qualified parties for the purchase of Parcel 68-44 in Lexington, MA. Property Description Parce168-44 was a gift from the Commonwealth of Massachusetts to the Town of Lexington. In 1978, Lexington Town Meeting accepted Parce168-44 for purposes of conservation,recreation or housing. The Commonwealth deeded Parcel 68-44 for municipal purposes to the Town of Lexington in 1979. Parcel 68-44 has remained undesignated ever since. The Lexington Conservation Commission is unanimously supportive of affordable housing on Parcel 68-44 and the Lexington Recreation Committee unanimously supports affordable housing on Parcel 68-44 and neither has an interest in Parce168-44 for their purposes. On Apri13, 2024, Lexington Town Meeting voted to authorize the Select Board to dispose of Parce168-44 for purposes of developing affordable housing (see Attachment B). 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J,o,�(r��d�/`! �,�,,,r� ;;�n �„"� �� ,�� Iii ,,°�,, i ( ,, �� ._. p �ii%� �� i iii/ �i� Jn// ,„ i:iN�, � ��"''�li IV -`��', �wa.�,�.«%�''* . �' f,�� .,e_, „;�`�!��ir/9��17%f��l/��/%i�J!�� '„I,r ,, ,r all �,!J �„�v ',�""', �i I� n" ./f,� � .�a�,P.. /ir '!///l��%///1�� I/ �' .,qr, .,� �1'. , �,� , I�,.,.,,�.-,-"' J .//�,o a-��fii, ��i%i%//��vj%� �.i� r �;s,< �.`�,„ - , � � /��,'/`�',� �/��fA/�;�'�i/��/i 1i i�i roN��, ,;�.., ,� ��" �r �!� � ,,fi%J��r�I%(��,>��d��0/��1�//,Of,, /r/ia/�r/'i�% r i, , � �,�� W, , /�� i ym��s( �i%/1/�i�� j„ '�'vo,�,i;; y,ns,�:;.,,,,, ;,�,uy� G^� � i J !�1�a��1�� ,/ii��,!„<�j rrv/i��(6��F��lttllr��ll�„�ia�� i ��%�� `1�r�.�� (1/�� jl✓'%iii,�l�w�,.�," '' `�;.�,, �. ��;,'^.,,r�� 1, � ,,�� 1� �, f��1JJ��f J��i'/iq�i��(/Gj/,�,In „�l /;, „� ' ��" � � ' �. ... . . ..., , '�/j�� ,��r�df/i/if�f r'�� ,�.. � ��, , '�� ' �Vii�� r�� ir.�I ��V^„ � J ..� � � � �/Q�i ��1/ M'i � '`wr a , ' " f�G� � i� 11�;,r �%r/�. �� ,gi� � ��111� ' �� ,, ��,;��, ' o, .,a '� .�, _ � y '' �� , lAii�,,a� P�uull�lc/e,.,/�I��iiiilflL6�� 1� 1 ` n u� r o, .o,I� � �V �fl�i � 11 � m,. , e.a�� The Affordable Housing Trust has completed a Phase I Environmental Site Assessment (see Attachment C), a wetlands delineation with the boundaries fixed for three years pursuant to an Order of Resource Area Delineation issued by the Town of Lexington Conservation Commission on April 22, 2024 and recorded with the Middlesex South District Registry of Deeds (the "Registry"') (see Attachment D), a soil analysis for drainage and groundwater level (see Attachment E), and an engineering survey and report(see Attachment F). Each proposer assumes all risk in connection with the use of the information in this RFP and releases the Town and its boards, commissions, committees (including the Affordable I�ousing Trust), agents, employees, representatives and volunteers from any liability in connection with the use of said information. Town Support s DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) There is widespread support for affordable housing in Lexington. The LexingtonNEXT Comprehensive Plan dated September 28, 2022, was the result of extensive public engagement. Information was gathered through more than seventeen events, surveys, the Social Pinpoint web platform, forums, and over 60 interviews with community leaders and staff. One of the top goals is to promote a wide range of housing options that respond to the needs of households, regardless of income and life stage. At a Special Town Meeting in the fall of 2022, the Town Meeting members overwhelmingly voted to create the Lexington Affordable I�ousing Trust (vote 175-2- 2.) The top FY2024-FY2025 goal of the Select Board is to enhance community vibrancy by increasing diversity of housing stock in size, accessibility, price and availability of affordable housing.At the 2023 Annual Town Meeting,Town Meeting members voted to pass a multi-family zoning proposal making Lexington the first town in Massachusetts to comply with the MBTA Communities Act. At the same 2023 Town Meeting, Town Meeting members also voted to pass another change to the Special Permit Residential By-Law which also encourages more diverse housing options. On Apri13, 2024, at the 2024 Annual Town Meeting,pursuant to Article 33, the Town Meeting members voted overwhelmingly to authorize the Select Board to dispose of Parcel 68-44 for the purposes of developing affordable housing. (171-5-5). In addition, Article 3 3 garnered the support of 11 Town Boards, Commissions, and Committees. Finally, the Trust will consider requests for additional local financial support from the Trust for this development. Town Meeting Vote Please see Attachment B for the Certified Town Meeting vote authorizing the Select Board to dispose of Parce168-44 for the purposes of developing affordable housing. Project Period Proposals are due on August 22 at 12:00 PM EST. The LDA must be executed within thirty(3 0)days upon the Notice of Award,subj ect to extensions to be granted at the discretion of the Select Board. If the successful proposer fails to execute the LDA within thirty (30) days of a Notice of Award (or within any extension to which the Select Board may agree in writing), the Town may cancel the Notice of Award and select the next most advantageous offer. Upon full execution of the LDA, the selected proposer will have a period of time to perform due diligence, including with respect to any environmental issues, design and securing zoning approvals.The Select Board understands that in order to close the real estate transaction the selected proposer must obtain sufficient funding and obtain all required permits.The closing date for the real estate transaction will be negotiated as part of the LDA. If the selected proposer fails to close on the acquisition of Parce168-44 pursuant to the LDA,the Town may terminate the LDA, cancel the Notice of Award, and select the next most advantageous offer. Parce168-44 will be sold in"AS-IS" condition. 9 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Accountability All agreements are subj ect to approval by the Select Board;however,the Town of Lexington Land Use, I�ousing and Development Department will serve as the day—to—day liaison to the proposer throughout the process. Development Objectives The Town is seeking a developer to work collaboratively with the Town to build 100% affordable rental housing units on the site. The development should be designed for a diversity of households (individuals of all ages, families with children, persons with disabilities) and reflect a mix of affordability levels. The Town's Community Preservation Committee publishes an annual Needs Assessment each year detailing the current landscape and needs in the Lexington Community. An excerpt from the 2023 Community Preservation Committee Needs Assessment is included as Attachment G which proposers are encouraged to review prior to submitting a proposal. In addition, the Select Board through the Affordable Housing Trust has provided general development guidelines for Parce168-44,which are attached hereto as Attachment H. A successful development proposal will reflect these guidelines based on the site's capacity, good site planning and landscaping considerations, and the market and financial feasibility of a 100% affordable rental development at this location. The development will be subj ect to execution of an LDA. To the extent the terms of this RFP differ from those in the LDA,those in the LDA will govern. Affordability The Town is interested in the creation of deeply affordable units with the Parce168-44 affordable housing development. Therefore, the Town encourages proposers to present a range of affordability averaging 60% of area median income (AMI), with a range of units restricted to households earning between 30% and 80% of area median income (AMI). The proposer should include a clear analysis as to the levels of affordability proposed and the reasoning behind the proposed unit and income mix. The Town is seeking affordability in unit maintenance, durability, and utilities in addition to affordability in perpetuity by deed restriction. Unit Types The development should provide housing for a range of household sizes, including one, two and three bedrooms units. At least 10% of the units should contain three or more bedrooms to satisfy the State's family housing policy. The Town is interested in proposals that contain elevators as well as "universally accessible"design. 10 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Building Design and Aesthetics The proposed proj ect's architecture should reflect and be compatible with the existing architecture and style of the surrounding neighborhood. Specifically, the Town encourages the following: • Sensitivity to neighborhood and adj acent properties • Maximization of the protection of resource areas and natural features • Multiple buildings, rather than one large building • Landscaping in keeping with Lexington's character and envlronmental goals (see, e.g., the Planning Board's Slte Plan Revlew Deslgn Regulatlons Sectlon 12.6 (Landscaping) • Outdoor common and recreation areas • Onsite storage for residents • Onsite laundry facilities • Areas for outdoor trash and recycling receptacles The overall development design will be judged as part of the Comparative Evaluation Criteria. Compliance with All Applicable Codes The development shall be constructed in compliance with all applicable local and State building codes including, but not limited to, the Commonwealth of Massachusetts Specialized Code and Municipal Fossil Fuel Free Demonstration Program, including the Town of Lexington's Fossil Fuel Free bylaw,Chapter 106 of the Code of the Town of Lexington,as amended through the 2024 Lexington Annual Town Meeting. Energy Efficiency and Sustainability The Town seeks proposals that include building and site design that reduces tenants' energy,water usage and cost, and limit the development's environmental impact. The Town of Lexington has adopted the Massachusetts Specialized Code, IECC 2021 with MA amendments+ Stretch Code amendments � Specialized Code appendices amendments (225 CMR 22.00 (appx. RC) and 225 CMR 23.00 (appx. CC). The proposed proj ect must meet the requirements of the version of the Specialized Code in effect at the time of the application for a building permit. Respondents should note their experience with building under the Specialized Code, including to Passive House Standards if applicable, as well as relevant experience in utilizing renewable energy sources in developments and obtaining incentives for low or zero emission development. The Town of Lexington is also a participant in the Commonwealth of Massachusetts Municipal Fossil Fuel Free Demonstration Program as established in Section 84 of Chapter 179 of the Acts of 2022. Lexington passed its Fossil Fuel Free bylaw that requires new construction and maj or renovations to be fossil fuel free in order to participate in the Demonstration Program. The bylaw went into effect on March 21, 2024. Two amendments to the bylaw were approved by the 2024 Lexington Annual Town Meeting and are pending approval from the Attorney General's Office. If approved, the bylaw amendments will go into effect on January 1, 2025. The proposed proj ect must meet the requirements of the version of the Fossil Fuel Free bylaw in effect at the time of the 11 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) application for a building permit. https://www.lexin tonma.�ov/1915/Fossil-Fuel-Free- Demonstration-Pro� Although the proposed affordable housing development will not be a Town building proj ect, proposers are encouraged to achieve the performance standards defined in the Town of Lexington's Integrated Building Design and Construction Policy. Performance standards of particular interest include maximizing onsite renewable energy, meeting indoor air quality standards, eliminating red list material use, reducing embodied carbon, and providing electric vehicle charging. https://v�►�►uw.lexin tonma.�ov/DocumentCenter/View/10520/Inte�rated-Buildin -Desi n-and- Construction-Policy---2023-Update_SB--SC-Approved?bidId. Zoning, Permitting and Community Engagement Parcel 68-44 is in the Governmental-Civic Use Zoning District. Section 4.1.1 in the Lexington Zoning Bylaws outlines the Dimensional Controls as: �� y� �� .�� r �� ,�. ��t��.��,�� .l w� ��..��"l�'��I�w�l��°I�L��]�� o�� 1:�� ; � � � � �. �. � �. �. �; �. �,.:I.��, �['��—�"��i� ��i.� � � � � � � I� �1 � � �f � I��l�i�,��u�i��lr��t��1��. 'µI�,��pI 'µ,�� 1�.."�1.. ��i ��. ��. �'�F. ��. ��. ��. ,"��,w,��.. ��.I ��.I ��.� I I �� .I ��µ�i��m�,�m�i.�m��7i��.. ��l.!�� .�� i�� "��i� �I �� '�� '' '��' 1� � � � � �! 1� ��µ �, �, � � � � � �f l� � � � 1� � �1 � � �f 1� �,�1.�� 1�� '�F�L� . � ��4��r�� :� �� .w l�!�� ! l�. � �. �'� 1� � � � � �F 1� ��..�� a��'� The Select Board and the Affordable Housing Trust anticipate permitting will occur in accordance with M.G.L Chapter 40B. Therefore, it is the desire and expectation of the Town that the selected proposer will work collaboratively with the Town to gain approval of a comprehensive permit from the Town's Zoning Board of Appeals to expedite and simplify the permitting of the successful proposal. The selected proposer is required to conduct a community engagement process as it develops and refines designs for the site. Applicants should propose a community process which includes, at a minimum, methods to encourage engagement with neighbors, and with historically excluded, underheard, and underserved communities. The community engagement process shall include at least two public meetings. In addition to this public review, the developer shall be solely responsible for satisfying all other zoning, permitting and regulatory requirements as may be necessary to permit and complete the proj ect. 12 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Rental Management The Town has placed a strong importance on the management of the proposer's development. The successful respondent's development team must include a qualified and experienced property management firm, or, if not identified at the time of submission, a description of the process for procuring such a firm and the performance standards to be met by the property management firm, including a clear plan to ensure the property management team is accessible to tenants. Diversity, Equity and Inclusion The Select Board is committed to advancing diversity, equity and inclusion, and, therefore, responses to this RFP are encouraged to identify the following: • Diversity and Inclusion Goals: descriptions of specific targets or obj ectives for diversity and inclusion within the leadership, development team and proposed management for the proj ect as well as for goals for contracting with women-owned businesses (WBEs), minority-owned businesses (MBEs), and other businesses owned or operated by communities that are underrepresented in the real estate development industry. . • Procurement and Contracting Strategy: plans and programs the proposer has in place to promote diversity in vendor selection including efforts to identify, contact and contract with WBEs and MBEs and other businesses owned or operated by communities that are underrepresented in the real estate development industry for contracting opportunities. • Vendor Selection Process: descriptions of the vendor selection process, criteria for evaluating potential vendors could include considerations for their status as WBEs or MBEs. • Small Business Benefits and Engagement: descriptions of how the proposer will seek to engage, and utilize the products and services of, small businesses, including those owned by women and minorities. • Compliance and Reporting: descriptions regarding how the proposer will track and report on efforts to identify, contact,recruit and contract with WBEs,MBEs and other businesses owned or operated by communities that are underrepresented in the real estate development industry. Traff c Study Parce168-44 is located on Lowell Street, a main thoroughfare in Lexington. The selected proposer will be required to conduct a traffic study by an independent professional traffic engineering firm in connection with the development and work with the Town of Lexington Public Works,I�ighway Division, to undertake remediation steps, if any, as outlined in the traffic study. Wetlands The wetlands on the site were delineated by a wetlands scientist, and an Order of Resource Area Delineation has been issued by the Lexington Conservation Commission on April 22, 2024, and 13 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) recorded with the Middlesex County (Southern District) Registry in Book 82796, Page 247 (see Attachment D.) Parcel 68-44 is subj ect to the Town of Lexington Stormwater bylaw (https://ecode360.com/12207814) and subject to the Massachusetts Wetlands Protection Act (https://www.mass.gov/doc/310-cmr-1000-the-wetlands-protection-act) and the Town of Lexington local wetlands bylaw (https://ecode360.com/10529372). The Lexington Conservation Commission has recommended, due to the presence of an unregistered neighboring vernal pool, that any development occur outside of the wetlands buffer zone, leaving the buffer zone undisturbed. The Select Board expects that responders will abide by this recommendation as part of this RFP. Environmental Testing The successful proponent shall be solely responsible for determining the need for and scope of environmental testing as well as the cost for testing and for the assessment, removal and disposal of any identified hazardous materials necessary to complete this development. The Town shall not be required to permit invasive testing of Parcel 68-44 prior to its conveyance to the successful proposal and may, in its sole discretion, decline requests for such testing prior to such time. Archaeological Filing The existing Quitclaim Deed for Parcel 68-44 is subj ect to a requirement that the provisions of M.G.L. c. 9, sections 26-27 inclusive be complied with prior to the commencement of any construction or development of Parce168-44 (see Attachment I.) Deed Please see Attachment I for the existing Quitclaim Deed for Parce168-44. Affordable Housing Restriction The LDA will require that Parce168-44 be restricted with a perpetual affordable housing restriction, as further described in the LDA. Utilities Water:Public Sewer: Public Electric: Eversource Gas: National Grid Limitation The Town makes no representations or warranties, express or implied, as to the accuracy or completeness of the information provided in this RFP. This RFP, including all attachments and supplements is made subj ect to errors, additions, omissions, withdrawal without prior notice, and different interpretations of laws and regulation. The proposer assumes all risk in connection with the use of the information, and releases the Town and its boards, commissions, committees 14 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) (including the Affordable I�ousing Trust), agents, employees, representatives and volunteers from any liability in connection with the use of the information provided by the Town. Further, the Town and Affordable I�ousing Trust make no representation or warranty with respect to Parcel 68-44,including without limitation,the Town's title to Parce168-44,the value,quality or character of Parcel 68-44, or its fitness or suitability for any particular use and/or the physical and environmental condition of Parce168-44. Section VII.: Elements of the Proposal The Development Team The proposal must include a description of the development team,the individuals and organizations to be involved in the development, including the proj ect manager, and the experience of these parties. The development team may include, without limitation, the developer, property manager, architect, contractor, engineers, consultants, lenders and investors. Proposals must include: 1. The name, address, e-mail address, and telephone number of the proposer; the name of any representative authorized to act on his/her behalf, and the name, title and contact information for the individual designated by the developer to receive all correspondence from the Town. 2. The names and primary responsibilities of each individual and their organization on the development team. 3. If the proposer is not an individual doing business under their own name,a description of the firm and legal form and status of the organization (e.g., whether a for-profit, not-for-profit, a general or limited partnership, a corporation, LLC, LLP) and the jurisdictions in which it is registered to do business. If the proposer is a non-profit entity, please include a list of the organization's Board of Directors and areas of expertise they represent. 4. The ownership structure of the entity to enter into the LDA with the Town and its relationship to any investors, lenders and guarantors of debt, if any. 5. Identification of all principals, partners, co-ventures or sub-developers participating in the transaction, and the nature and share of participants' ownership in the development. 6. Identification of the person designated to be the property manager, if the property developer will also be the property manager. If this is not the case, state the legal and financial relationship between the entities and describe the process for securing property management services and criteria and minimal qualifications it will use in selecting the property management firm. 7. Identification of the development team, such as architects, engineers, landscape designers, contractor, and development consultants. In addition,provide background information, including firm qualifications and resumes for principals and employees expected to be assigned to the development. 8. A summary of the developer's and the development team's experience, both collectively and individually, with similar developments. Particular attention should be given to demonstrate experience with developments of a similar scale and 15 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) complexity, site conditions,permitting issues,40B comprehensive permit,design and financing, sustainability efforts, and location. Proposers should demonstrate the ability to perform as proposed and to complete the development in a competent and timely manner, including the ability to pursue and carry out design, permitting, financing, construction, and marketing/unit absorption. 9. A list of all developments completed as well as those in progress or planned with details of their current status. 10. A list of potential financial resources for the development, including tax credit financing. 11. Examples of comprehensive permit development by the proposer. 12. A plan to achieve diversity and inclusion in their team for the proposed development. In its review of the diversity and inclusion plan, the Affordable Housing Trust, or another group to be assigned by the Select Board, will consider the comprehensiveness of the applicant's planned approach to achieving diversity and inclusion in the development team and plan to solicit bids from general and sub- contractors and other vendors, including specific strategies to achieve maximum participation of minority-and women-owned businesses certified by the Commonwealth's Supplier Diversity Office (SDO). Format Proposers should use the following format to submit the information required(above): 1. For referenced developments: development name, location, development type, number of residential units, development scope, start date, proj ected and actual completion date, total development costs, development team, key personnel, and current status. 2. Narrative on why your experience is relevant to the Parcel 68-44 affordable housing development. 3. Description of the organizational structure of the development team and a plan for the maintenance of effective communications between the Affordable Housing Trust and the development team during all phases of the development. 4. Information regarding any legal or administrative actions past,pending or threatened that could relate to the conduct of the Proposer, its principals or any affiliates. 5. Confirmation that no local, state or federal taxes are due and outstanding for the development team or any constituent thereof. 6. Provision of third-party references for three completed residential or mixed-use use developments including all affordable housing developments. Provide contact names, title and current telephone numbers, who can provide information to the Affordable I�ousing Trust concerning the proposer's experience with similar developments. Development Concept 16 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) The proposal must include a detailed description of the development concept for the property and its improvements, including but not limited to: 1. Number and size of units (square footage and number of bedrooms) and affordability levels. Include narrative as to why/how the mix of bedroom sizes and affordability was determined to ensure development financial feasibility and appropriateness for the marketplace. 2. Preliminary site design. 3. Discussion of the physical plan and architectural character of the development and the various programmatic and physical elements of the development, including achieving the performance standards defined in Lexington's Integrated Building Design and Construction Policy. 4. Construction staging plan and discussion of how the development construction will be managed to limit impact on neighbors,in particular with respect to noise and traffic during the construction period. 5. Compliance with Massachusetts Specialized Code and Lexington's Fossil Fuel Free bylaw. 6. Development financing—provide a source and use pro forma, including information on soft costs,hard costs, site acquisition costs, and fees_(see comparative evaluation criteria) and describe previous experience in securing funding. Describe in detail what, if any, local,state or federal and/or private subsidy or grant money, or tax credits or other incentives will be sought to create affordability, as well as private sources of lending or financing,and the timeline for securing those sources. 7. Proj ected 10-year operating budget. 8. Letters of interest from both construction and permanent lenders (see comparative evaluation criteria) Conceptual Design Drawings The proposal must include plans showing the following:: 1. A Site plan that describes parking layout and numbers of parking spaces and building footprints, as well as pedestrian and bicycle infrastructure. 2. Landscape plan with sufficient detail on how the plan addresses limiting the proj ect impact on surrounding areas and the users of those areas 3. Floor plans 4. Elevations with material indications 5. Typical unit plans 6. Color Renderings Management Plan Please provide a management plan that includes the following: 1. Description of the target market (e.g., rental pricing and the strategy for marketing and lottery process). 17 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) 2. In addition, if the proposer is including a property manager as part of the team, all relevant information as outlined under `The Development Team', above, including details of any developments where the Proposer and Manager have previously worked together. 3. Lottery for affordable units: To ensure a fair and equitable selection process for the affordable units, a lottery shall be conducted for all of the affordable units. Proposals may include a lottery agent as part of the development team. 4. Experience with Low Income I�ousing Tax Credits and other subsidiary sources if proposed as a funding source 5. Experience with proj ect-based rental assistance including the name and brief description of each program. The Proposer and/or their property manager must demonstrate: 1. A clear understanding of fair housing requirements/laws 2. A clear understanding of the local preference opportunities and requirements, and how the lottery will address local preference. 3. Ability and commitment to utilize appropriate stated standards to determine program and unit eligibility—i.e., qualified tenants. 4. Clear criteria for tenant selection and a fair and unbiased selection process. 5. Competency for selecting properly qualified tenants. 6. Ability and commitment to maintain all necessary reports and certifications required under state and federal law. Implementation Plan and Timeline The proposal must include a description of how the development concept will be implemented, including, but not limited to: 1. Detailed development schedule for all elements of the plan including key milestones, financing benchmarks, the proposed community engagement process, zoning approvals and compliance, and proj ected completion/occupancy timeframes. 2. Outline of the required land use, environmental, operation, and other governmental or regulatory approvals, including zoning, development and environmental permits. The proposer should provide a schedule for securing approvals as part of the proposal. The proposer should note what zoning variances or modifications,if any,are required as part of the development plan. Section VIII.: Submission and Selection Criteria Minimum Submittal Requirements At a minimum, proposers must submit all materials requested in accordance with the exact specifications of this request for proposals. Proposers who meet these minimum criteria will have 18 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) their proposals reviewed. Meeting minimum requirements does not mean that a proposer's bid will be selected. In addition, the following are minimum criteria for Proposal consideration. Proposals that do not clearly and fully convey compliance with these minimum criteria will not be considered. Complete conformance with all Submission Requirements (See Section IV) • Yes No • Proposer must have a minimum of 3 years' experience in affordable housing development • Yes No • The units proposed will be affordable to low-and moderate-income households in conformance with the Development Guidelines, Attachment H. • Yes No • The proposal includes a proposed community engagement process. • Yes No • A successful track record of similar developments with at least three references. • Yes No • Complete required forms found in Exhibits A through H: Certificate of non-collusion, tax compliance, disclosure of beneficial interests form as required by M.G.L c. 7C, section 38 (formerly c. 7, section 40J) • Yes No Selection Process . ' ' ' � . • ' ' . . ' � , ' . 19 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) � � � � . . � . � � � � � � � � � � � � � . Selection Criteria The Town believes that the selection of the most highly advantageous offer for this parcel requires comparative judgment of factors. The most advantageous proposal from a responsive and responsible proposer, taking into consideration all other evaluation criteria set forth in this solicitation will be selected. The Town, either through the Affordable Housing Trust or another individual or group to be assigned by the Select Board,shall determine a composite rating of Highly Advantageous; Advantageous; and Not Advantageous for each Proposal received. Comparative Evaluation Criteria Developments meeting the minimum submittal requirements above will then be j udged and scored based on the Comparative Evaluation Criteria. The evaluation for the Comparative Evaluation Crite�ia will be based on the following: Comparative Evaluation Criteria C�iteria� Wei�htin� 1. Development Team Experience—22% 2. Cost,Budget, and Financial Capacity—22% 3. Site and Building Design—22% 4. P�ope�ty Management—17% S. Dive�sity and Inclusion—17% Comparative Evaluation Criteria RATING KEY: I�ighly Advantageous (I�A) Advantageous (A) Not Advantageous (N) 1. Development Team Experience: 20 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Applicant must demonstrate prior development experience and describe the overall capacity of the development team. Applicants are encouraged to use specific examples from similar proj ects in their portfolios that reflect similar opportunities and challenges as the Lowell&North Street site. (See Proposal Submission requirements and Development Guidelines for additional detail.) • Hi�hl_y Advanta�eous: The development team has superior relevant experience and capacity in regard to each criterion in the following table as demonstrated by the successful completion of three or more rental proj ects. • Advanta�eous: The development team has adequate relevant experience and capacity in regard to each criterion in the following ta.ble as demonstrated by the successful completion of two rental proj ects. • Not Advanta�eous: The development team has little or no relevant experience and capacity in regard to each criterion in the following ta.ble as demonstrated by the fact that the applicant team has not completed a proj ect. election C�ite�ia Sco�in HA A N Successful completion of comparable 100% affordable Massachusetts rental developments similar in scale and scope Examples of developments which were completed on-time,on-budget. Demonstrated success with permitting developments with Comprehensive Permits. Demonstrated experience in and capability for designing, ermitting,financing, and constructing similar new construction 100%afforda.ble rental housing. Demonstrated track record of having worked successfully with community members, municipal staff, and public agencies and funders Proposal includes conducting a community review process which includes methods to encourage engagement with neighbors and historically excluded, underheard and underserved communities, including at least two public meetings during the development and refinement of designs for the site. O VERALL SCORE COST, DE VEL OPMENT TEAM EXPERIENCE: HA A NA 2. Cost,Bud�et, and Financial Feasibilit_y: 21 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Applicants must complete estimated development budgets that include sources and uses of funds,and an expected operating pro forma.Applicants will describe financing sources used in past projects. • Hi�hlv Advanta�eous: The Applicant provided detailed and reasonable inforrnation and has a demonst�ated t�ack�eco�d fo�th�ee o�mo�e p�ojects which meet the c�ite�ia. • Advanta�eous:The Applicant provided reasonable info�mation and p�ojections and has a demonst�ated t�ack�eco�d in at least lwo p�ojects which meet the c�ite�ia • Not Advanta�eous: The Applicant p�ovided info�mation that is not clear and has a demonstrated track record in one o�fewer projects which meet the criteria. election C�ite�ia Sco�in HA A NA Demonstrated experience in financing 100%afford.a.ble housing developments in Massachusetts, especially developments that offer deep affordability. Applicants demonstrate experience in successfully estimating anticipated proj ect costs. Anticipated financing sources likely to be used in this proj ect. Sources and uses pro-forma demonstrates financial feasibility of proposed development and operating budgets All units are affordable with affordability ranges from 30%to 80%AMI with an average of 60%AMI for Boston-Cambridge- Quincy SMSA Provides a clear analysis of the levels of affordability, the mix of units, and the income levels to be served. O T�ERALL SCORE COST, B UDGET and FINANCIAL FEASIBILITY: HA A NA 3. Site and Buildin�Desi�n Applicants must submit a preliminary site plan and building design,and proj ect narrative that describes the design approach including the ways in which the proposed development will reflect the Development Guidelines,Attachment H; including but not limited to,housing that is high-quality, livable,durable and sustainable; 22 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Hi�hlv Advanta�eous: The proposal rneets or exceeds the criteria and explains it in detail. • Advanta�eous: The proposal rneets the criteria but does not address it in detail. • Not Advanta�eous: The Applicant does not meet o�add�ess the c�ite�ia. election C�ite�ia Sco�in HA A NA I�igh quality design which should reflect and be compatible with the existing architecture of the neighborhood. Multiple smaller buildings rather than a large, single structure. Building heights consistent with Lexington residential zoning. Compliance with Lexington's Integrated Building Design and Construction Policy. Building types provide "universally accessible"design. High durability and low-maintenance materials for tenants. Building design includes amenities for residents and management including on-site management,community spaces, on-site storage, and laundry facilities. Building interior design and layouts that accommodates a variety of household sizes and mobility needs and elevators to the greatest extent feasible. Description of how the site design and layout will accommodate icycles(including in compliance with the Lexington Planning Board Regulations, § 12.4). Maximization of open space and preservation of natural features and avoiding alteration to Wetlands Buffer Zone Description of how the landscaping plan will include native lantings and trees and will buffer the development from adj acent neighbors including retention of street trees and large diameter trees. 23 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) election C�ite�ia Sco�in HA A NA Description of how site design will facilitate efficient, safe internal and external traffic flow and emergency access for public safety officials. Description of how site design and layout will handle exterior lighting to enhance safety and be dark sky compliant to minimize light pollution and impacts to adj acent properties. Description of how the site design and layout provides common spaces to support a vibrant community, including outdoor common and recreation areas. O T�ERALL SCORE SITE AND B UILDING DESIGN: HA A NA 4. P�ope�tv Mana�ement Applicant should desc�ibe ma�keting and tenant selection p�ocess and submit a p�ope�ty management plan. • Hi�hlv Advanta�eous — The p�oposal add�esses the c�ite�ia in detail with spec�c info�mation and, whe�e applicable, �elevant expe�ience in th�ee o� mo�e p�ojects. • Advanta�eous — The proposal addresses the criteria in detail with specific info�mation and, where applicable, �elevant expe�ience in two o� mo�e projects where applicable. • Not Advanta�eous— The proposal does not address the criteria. election C�ite�ia Sco�in HA A N Plan specifying who will manage the property (the owner or a roperty management firm) and the Applicant's relationship with the property manager (if it is not the Applicant). Property manager will be onsite with a dedicated office. The property manager has experience and a strong track record managing all affordable developments of comparable size. 24 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Applicant has a clear plan describing how the building will be operated, including tenant selection, ongoing monitoring, maintenanc e, and tenant i s sue s. O VERALL PR OPER T Y MANA GEMENT: HA A NA 5. Diversit_y and Inclusion: Developers should submit a plan to achieve diversity and inclusion in their team fo�the p�oposed development. Hi�hlv Advanta�eous: The Applicant addresses the criteria provides a detailed, credible and comprehensive plan, has clear goals, and has successfully achieved 1V�BE and WBE participation in at least three projects. • Advanta�eous: The Applicant provides a plan that meets some, but not all, the �equi�ements, has clea�goals c�edible but does not include detailed o�specific st�ategies to ca��y it out and has achieved MBE/WBE pa�ticipation in two o�fewe�developjnents. • Not Advanta�eous: The Applicant does not provide a plan, set goals, or have any identi�ed experience in achieving WBE and MBE participation in a development. Selection Criteria Sco�in HA A N Comprehensive plan to solicit bids from general and sub-contractors and other vendors to achieve maximum participation of minority- and women-owned businesses certified by the Commonwealth's Supplier Diversity Office (SDO). The plan should include all phases of the roj ect: development, construction, marketing and tenant selection, and property management. Sets clear goals for WBE and MBE participation. Past experience in successfully increasing women and minority representation on leadership, proj ect development, and management team. Past experience in successfully achieving participation of MBE and WBE businesses and women and minorities. 25 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Descriptions regarding how the proposer will track and report on efforts to identify, contact, recruit and contract with minority and women-owned businesses. O VERALL SCORE DI VERSI T Y AND INCL USION: HA A NA Section IX.: Post Selection Land Disposition Agreement It is the intent of the Select Board to enter into the LDA with the selected proposer within thirty (30) days after the Notice of Award. The proposed LDA is included herein in Attachment A Proposals should identify any exceptions or concerns with the proposed LDA. The Town reserves the right to accept or rej ect any such exceptions or proposed modifications to the LDA. Exceptions or concerns not raised prior to submittal shall not be considered thereafter; however the Town reserves the right to make amendments to the final LDA as deemed appropriate in the judgment of the Town to account for the acceptance of exceptions. Chapter 30B Real Property Dispositions to Promote Public Purpose Requirements The name of the selected proposer and the amount of the transaction(in this case $100.00)will be submitted for publication in the state's Central Register. The Select Board has determined that the public purpose of the development is best met by disposing of the property for less than fair market value, therefore the Select Board will post a notice in the state's Central Register explaining the reasons for this decision and disclosing the difference between the property value and the price to be received. This notice will be published before the Select Board enters into any agreement with the selected developer. 26 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) APPLICANT CERTIFICATION AND PROPOSAL SIGNATURE 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, that all information provided in this application for services is correct. Executor- Printed) (Signature) (Title) (Name of Firm) (Address) (Date) 27 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit A Proposal Signature Page Town of Lexington RFP #25-24 for sale of land located at Parce168-44, Lowell Street, Lexington, MA. Company Name Contact Person (please p�int) Street Phone City, State, Zip Fax Email Submits the attached Proposal to the Town of Lexington, on the authority of the undersigned and as dated below. I confirm and pledge to abide by and be held to the requirements of this RFP and its resulting Land Disposition Agreement,to perform any tasks and deliver any documents required, and to execute a Land Disposition Agreement with the Town of Lexington. Bidder acknowledges receipt of the following addenda* l. 3. 2. 4. Individual or Authorized Agent of the Contractor Signature (Blue ink please) Printed Name/Title Date If a corporation, attach certificate of vote or apply corporate seal here Form must be signed by a duly authorized officer(s) eligible to sign contract documents for the firm. Consortiums, j oint ventures, or teams submitting proposals will not be considered responsive 28 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) unless it is established that all contractual responsibility rests solely with one contractor or one legal entity. The Proposal must indicate the responsible entity. Contractor should be aware that j oint responsibility and liability will attach to any resulting contract and failure cfone party in a joint venture to perform will not relieve the other party or parties of total responsibility for performance. *to be filled in by p�opose�, if addenda a�e issued. 29 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit B Exceptions Any exceptions taken to the conditions or specifications cited herein, including to the LDA must be clearly stated below. In lieu of submitting this form, proposers may provide a "redlined" copy of the LDA showing comments and proposed revisions. Signature (blue inkplease) Printed Name Title Date 30 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit C CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this bid 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. ADDRE S S: S IGNATURE: NAME: TITLE: (Print) TELEPHONE: DATE: 31 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit D STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that, I, to my best knowledge and belief, have complied with all laws of The Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support. *Signature of individual or Corporate Name Corporate Officer(if applicable) (Mandatory) * Social SecurityNumber or Federal Identification Number * Approval o f a contract or other agreement w i 11 not be granted unless this certification clause is signed by the applicant. **Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency w i 11 not have a contract or other agreement issued, renewed, or extended. This request is made under the authority of MGL C 62c, §49A 32 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit E CERTIFICATE OF AUTHORITY At a duly authorized meeting of the Board of Directors of (Name of Corporation) it was VOTED that (Name and Title) of this company is authorized to execute contracts and bonds of and on behalf of this company, and affix its corporate seal hereto; and such execution of any contract obligation in this company's name and on its behalf, said obligation to be valid and binding upon this company. A True Copy Attested, Company Name Address: Name & Title of Signatory: Date: I hereby certify that I am the Clerk of (Name of Corporation) that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract. Name of Clerk: (Corporate Seal) 33 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit F DEBARMENT DISCLOSURE FORM PUBLIC CONTRACTS - DEBARMENT CHAPTER 550, ACTS OF 1991 The said undersigned certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29 of the General Laws, or any other applicable debarment provisions of any other chapter of the General Laws, or any Rule or Regulation promulgated there under. Date: (Company) (S ignature) (Print Name & Title) (Address) (Zip Code) 34 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit G DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L.c. 7C,s.38(formerly M.G.L.c.7,s.40J) The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury,the following information as required by law: (1) REAL PROPERTY: (2) TYPE OF TRANSACTION, AGREEMENT, or DOCUMENT: (3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: (4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY: (5) ROLE OF DISCLOSING PARTY (Check appropriate role�: Lessor/Landlord Lessee/Tenant Seller/Grantor Buyer/Grantee Other(Please describe): (6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding o� 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 3 8, are hereby disclosed as follows (attach additional pages if necessary): NAME RESIDENCE 35 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) None of the above-named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below(Check"NONE"if NONE): ❑ NONE NAME RESIDENCE 36 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) �� ,��.��i��"��"� �i��"��.��"�wr��a��'�� I��i��i��w��l��,��r��t�r��'��'��'��w��u��1��u�� I t�� I��ia��"��j��w�� °��r�u��l�'��w��°`��m�i��u'��I�� I��I��t��.� ��µ�� '�� a�� '�� '��r��k�� ,�� d��r��r��.�� ,��°r�� "��m�� '��t��P��w��,��. ��,��r�� ,�� ,��'�+��'��"�r��°�� '��t�� '��,��'��.��,�� l�� ,��,�� '��'�� '��. ,��,��,��,��,�, �'��,�,��a�� °��,��"�"��°��,��,��`,�� ,��r�r�� t;��,��. �i��r��,�� r��,��`�� ;��r��r��r��r�;��;�r�,��r��, �i�;�� r��`��w�r�;��r��. ��f�� `��`�� `��`�� r��,� �� 1f��i��i��ll��r��r��r��h��i��r�,��r q��w��J��r��. �'I�Ilf�l�1�1��11E�F IC�I��L��II�I��"�IF�1f'��r��i�r�4��w�� fN�'I�I�II�IE��I��I�T�IF�J��II��IL��II�I��II��I�1�'h�' �r�1�lE��1�1�IC��'� �"I�IIf�1�I�I��TIII�ILJE�f��fN�'I°�IF�I��IC��I�f��I� 37 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Exhibit H REFERENCE SUBMISSION REQUIREMENTS P�opose�shall p�ovide�efe�ences f�om th�ee clients fo�whom they have p�ovided simila�se�vices within the past five (S) yea�s. P�opose�shall include entily name, contact name, add�ess and telephone numbe�of each�efe�ence. Failu�e of a�efe�ence to follow up with the Town on any inqui�y will�esult in the disqualification of that�efe�ence. The Town�ese�ves the�ight to use itself as a�efe�ence, to contact�efe�ences othe�than those p�ovided by the p�opose�and to othe�wise pe�fo�m its own due diligence in dete�mining the�esponsibilily of the p�opose�. Refe�ence: Contact: Add�ess Phone E1�7AI� Refe�ence: Contact: Add�ess Phone E1�7AIL Refe�ence: Contact: Add�ess Phone EMAIL 38 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment A Land Disposition Agreement 39 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment B Town Meeting Vote 40 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment C Phase I Report www.lexin tonma.�ov/Phase 1 ESAReport 41 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment D Wetland Delineation Report https://lexingtonma.gov/DocumentCenter/View/12255/Lowell-St_Parcel-68- 44_WetlandDelineationReport 42 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment E Soil Analysis 43 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment F Survey and Engineering Report �5'g&�C'�qiluN«Ye/" ��... � �y�.e�uu.en im � f74N9Y1 oMl.'kF' d ... �Tar,�cq;rc • " � F^.^ ��r�� °� � f'�W'�"'n.��'.�-^•_� � wrae��a � �.. +�,k,� M4��"�� wa��e aaawu �,�"+� � �� . 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The Lexington I�ousing Authority manages state and federal public housing. The state public housing units are located at Greeley Village and Vynebrook Village and at scattered single-family sites in Town. There are approximately 100,000 applicants on the centralized Common I�ousing Application for Massachusetts Programs, CI�AMP, for state public housing units. To improve efficiency, the state recently made changes to the system which removed the ability of local housing authorities to ascertain how many of the thousands of applicants have indicated Lexington as a preference. As a rule of thumb, applicants are told that the wait time for a unit could be as much as 7 years for a standard application that does not claim emergency priorities. On rare occasions, when the Authority "pulls a list" in order to find a tenant for a vacant unit, the Authority is inundated with emergency applicants who have no ties to Lexington at all. The Federal public housing portfolio includes Countryside Village and 17 scattered single-family sites. The Federal public housing wait lists are managed internally. The wait time for one-bedroom elderly units is approximately S-8 years. The wait time for family units is significantly longer because there are only 17 single family homes in the portfolio and the vacancy rate is very low. For these the wait time is 7-10 years. Preference is given to people who live or work in Lexington or who are Veterans. The Lexington Housing Authority also manages 67, Section 8 vouchers. There are approximately 3600 Section 8 voucher holders in Massachusetts who have chosen Lexington as a `preferred place to live' on their applications. The wait time to obtain a Section 8 voucher (from the U.S. Department of Housing and Urban Development) is close to 1 S years." LexHAB's portfolio is divided into two categories: SHI Units and LexHAB Units. There are 49 units on the SHI (Subsidized Housing Inventory) list; when a vacancy arises, tenants are pulled from a lottery list. The most recent lottery for the SHI general wait list was held in October of 2021. There were ninety-six applicants on this list; as of this writing, LexHAB has only been able to place one of those applicants in a home. Prior to 2021, the last lottery for LexHAB units was held for six new affordable units at`Farmview' on Lowell Street. There were one hundred seventy- six applicants for those six units. LexHAB recently reported the wait times for their units based on unit size. The wait time for two bedroom units is 2 to 3 years, the wait time for three-bedroom units is 3 to S years, and the wait time for four-bedroom units is 4 to 6 years. This data mirrors the wait times for the state as a whole:the biggest need for affordable housing in Massachusetts is for families with children. Prior to Governor I�ealey declaring a state of emergency in the state shelter system, there were already approximately five thousand families in shelters across the Commonwealth. The State's implementation of the "Emergency I�ousing Assistance Program" (MGL, CI�23B, Sec. 30)provides strong evidence that the State, region and Lexington need to increase the supply of affordable housing units. The State currently provides emergency shelter and supportive 45 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) services for about 7500"families who are either homeless or at risk of being homeless."Lexington should do its part in helping with this emergency. Another metric for measuring the demand for affordable housing in Lexington is to review responses for first-time homebuyer opportunities in private developments in Town. The `public benefit' development at Liberty Ridge yielded three first-time homebuyer units. The lottery for the units was administered by the Regional I�ousing Service Office (RI�SO); there were eighty- seven applications for those three units. Elizabeth Rust, the Executive Director of RI�SO, said the response to the Liberty Ridge lottery was the largest response she had seen in over 200 first-time homebuyer lotteries. 46 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment H Parcel 68-44 Lowell Street Development Guidelines Development Obj ectives • The Town of Lexington is seeking a developer to work collaboratively with the Town to build 100% affordable rental housing units on the site. • The development should be for income eligible households with household income ranging from 30% Area Median Income (AMI) to 80% AMI averaging 60% AMI and include a mix of 1, 2, and 3 bedroom apartments • The development's architecture should reflect and be compatible with the existing architecture of the surrounding neighborhoods, including existing multi-family housing • Community Engagement and public outreach throughout the process. The selected developer should have a track record of having worked successfully with community members, municipal staff, and public agencies and funders as active participants throughout the development process. Developers will be required to propose and conduct a community review process which includes methods to encourage engagement with neighbors and historically excluded, underheard and underserved communities, including at least two public meetings as they develop and refine designs for the site Development Preferences Development Size and Program • The development should create up to approximately 40 units of 100% all affordable rental housing • The development should prioritize the creation of housing that is o Consistent with the character of the surrounding neighborhoods and environment; o High quality sustainable design and construction; and o Maximizes the protection of resource areas and natural features • The development should prioritize the creation of buildings/units served by an elevator to promote accessibility and aging in place Siting and Scale • Multiple smaller buildings rather than a large, single structure • Building heights should be consistent with Lexington residential zoning • Building massing should be broken up to create a residential feel along Lowell Street • The site plan should provide setbacks from the property consistent with residential zoning requirements • Landscaping should be In keeping wlth Lexington's character and envlronmental goals (see, e.g., the Planning Board's Slte Plan Revlew Deslgn Regulatlons Sectlon 12.6 (Landscaping), Lexington's 2023 Cllmate Actlon and Reslllence Plan, and Article 37 of the 2024 Annual Town Meeting). Landscape buffers should be used to mitigate impact on 47 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) abutters, particularly around parking areas. Retain street trees and mature trees where possible. Plant native trees (with the goal of at least seventy percent(70%) native trees) • Site design should create open space for use by the development's residents • Buildings to be compliant with Lexington's Integrated Building Design and Construction Policy • Adding additional sidewalks or walking paths to allow for residents of the new development to walk to Lowell Street and North Street corner and safely access pedestrian and bike infrastructure and municipal transportation such as Lexpress Parking and Transportation • Parking should be consistent with Lexington residential zoning requirements and proj ects not requiring off-street parking will be preferred • Parking layout should make efficient use of space and maximize buffer and landscaped areas • Measures should be considered and proposed to reduce reliance on single occupancy motor vehicle transportation Design Features • Building designs should be sensitive to the neighborhood and adj acent properties,including existing multifamily housing • Building(s)should have varied heights, setbacks, architectural detail, color and materials. • Building(s)should provide common spaces and other resident amenities to support a vibrant community within the development. • Building types should provide"universally accessible"design and more than S%accessible units • Onsite storage for residents • Onsite or in unit laundry facilities • Areas for outside trash and recycling receptacles 48 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment I Deed 49 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment J Integrated Building Design and Construction Policy ��JJ i . �J- J i J� J i i �- �i � � i �- � �� 50 DRAFT INCORPORATING COMMENT AND INPUT: NOT A FINAL DRAFT 6.21.24 DRAFT (with edits from prior draft) Attachment K Town bylaw on bicycle storage requirements Lexington Planning Board Regulations, § 12.4: https://ecode360.com/43578112#43578112 51 RFP Process Timeline May 28-June 10, 2024 Request fo�comments f�om �elevant Staff, Town Boa�ds, Committees and Commissions June 17, 2024 and June 24, 2024 Select Boa�d�eview June 27, 2024 RFP Available 12:00 P.M. Weeks of July 8 and 15 RFP Legal notice in local papers (2 successive weeks required) Prior to July 12, 2024 Central Register Legal Notice July 23, 2024 Site Walk at Parcel 68-44 9:30AM (Prospective bidders must RSVP to Carol Kowalski, Assistant Town Manager for Development at ckowalski��lexingtonma.gov) July 23, 2024 Virtual Pre-bid conference at 9:30 AM (Zoom link to be sent to all parties who received RFP) July 24, 2024 (rain date) Site Walk and Pre-Bid conference July 29, 2024 Last day to submit questions or requests for clarification from pre-bid conference and site walk. All questions must be submitted in writing via email to Elizabeth Mancini at ......!! ......ii� ii ii�ii _ ii ii� �� ii�ii �, by 4:00 PM EST August 2, 2024 Last Addendum/Responses to RFI's issued August 22, 2024 Proposal due date. Deadline for Proposals is 12:00 PM EST. The clock in the Land Use, I�ousing and Development Office shall be the sole determining factor o f time. Week of October 14-18 Notification of Award by The Select Board AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Discuss Recommended Diversity Equity & Inclusion Changes for Select Board Meetings PRE E TER• ITEM S N . NUMBER: Kelly Axtell, Deputy Town Manager I.5 S UMMARY: C ate g o ry: B rains to rming A s a fo llo w up to the p re s entatio n b y Tangib le D evelo p ments at the 6/3 me eting, Kelly will lead a d is c us s io n around a suggestion for the Board to support inclusivity during meetings. S uggestions: 1. Drop formal addres s 2. Ask how attendees would like to b e addres s ed 3. Use the non-gendered "Mx" instead of gendered Ms., Mr, etc) SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 8:15pm ATTACHMENTS: Description Type � 'W�"��,��,��a,��°�,��,�� ;�,��.�� .��,��~��,� _ __ � O - � � ��\�� \��\ � �\\ � �� \�\ �� \� \�;,�� \ � � �,� _ �\ _ �\ \ �1��,� - - - - - - ��,� � ��\\ ��:� �� ,� �� ,,,, �. � ��,�� ,, ,,,, �. � �� ;�„ = �� ,�� , � ��:� �� ; �� , ��\ �� ; �� ; ��\ � ; ��\ �� ; � �� , _ �� , � � = = _- \�� - - -_ _ - _ -- �� - - - - - �� - - - - = �� _- _ _ - _ - - \�� - - \ � - �� _ �� _- = - \��\ °�� = - � �o� � - � ��\ � � �, \� \`:\\� \� � - _ _ _ __ _ _ __ �\\ � .. �\,�� :� = �� ,, � � �,��\ � - - - �� , ,; - �� ` -= - - - -- - - -- \ - - \ ;,� _ _ - _ �.' , �: � � _ � � TD Pro�ect Lead: Dr. Bree Becker J � � T�L Pro�ect Lead: Hemali Shah � € � � J � � � � E � _ � � � � = �� . J u n e 3, ��4 - � � _ � � _ -�� _ = � - � � � _ = _ � � � � _ � � � � - � ` � - F � � - � - • ' • • • n erstan own o exin tonsor anizationa structurean wor ow . • n e rsta n t e c u r re n t sta te o a t ow n o ex i n to n , . . inc u in stren t s a s t reats an nee s , , , . . . • enti actorst at reventt e own o exin ton rom ein a . . . . u inc usiveor anization . . • n erstan t eex erienceso own o exin ton em o eesto . . . eve o a cu ture o e on in an inc usion t atcreatesan . em owerin wor acew ere a em o ees ee va ue an . . creativit t rives � � � � _ � � � � � � � � I n order to accom I ish the aforementioned oa Is a nd su ort the rea I ti me needs of p g pp the or a n ization the fol lowi n activities were accom I ished i n Phase 1: g � g p o �eadersh i Read i ness Su rve & Sessions two 3-hou r worksho s p y p o Pro'ect Ma na ement Pro'ect Lead Meeti n s Data Ana I sis Re ort Writi n J J J J � y � p J o Pol ic & Practice Review y o Focus G rou & I ncl usion I nterview a rtici ation p p p o ClimateSurve y o Cu Itu ra I H u m i I it Worksho s fou r 2-hou r worksho s y p p o Pro'ect Com m u n ications Su ort J pp � �� - = � � - �� _ � -� -� - � �� - � � Climate Surve Polic & Practice Review Focus Grou s J� J� p • 155 Respondents • 38 docu ments • 10 Faci I itated Focus • 41% Response Rate su bm itted, 31 received G rou s p • Perceptions of feed back • 5 I nd ivid ua I I ncl usion orga n izationa I structu re • Assess written pol icy I nterviews a nd cu Itu re a nd practice a rou nd • 80 Pa rtici a nts p D E I • �ea rn a bout staff • Identify opportu n ities ex eriences s ecifica I I p � p y for en ha nci ng DE I those from h istorica I I y efforts ma r i na I ized back rou nds g g Recru itment & Retention & Hirin W g Promotion Evaluation � - � - . . ,� _ Organizational � P rocesses � (� Organizational Team Dynamics (� Responsibility & Connections Q� to DEI , to Colleagues Stee ness of _ I ncl usive _ p Leadershi - _ p Hierarchy - - L - � _ � - - � _ � P rocesses fo r � �� Culture of L , , Accountability , , � Orga n izationa I Orga n izationa I � Structu re Cu I tu re � � . eelings of � - . - Inclusion for Transparency in . . . Ove ra I I = H i sto r i ca I Iy , , Decision-making . _ , , Compositional . . Feelings of = Marginalized , , & Communication . - Diversity - Inclusion Staff � - - - _- �� _ �� _ �� -- � �� _ � � �� _ . . • Em ployees wa nt more of both: con nection & • Em ployees perceive m uch of what is � � com m u n ication ha ppen i ng i n terms of D E I to be more a bout i ntentions tha n a bout action • O ortu n it for the or a n ization a nd Town of pp y g . . �exi ngton em ployees to i m prove constructive • Performative DEI can result in an � � , � com m u n ication ski I Is for both decision-ma ki ng or a n ization s leadersh i a nd/or em lo ees J p p y . . . � � � d constructive com m u n ication. not doi ng a lot of persona I or orga n izationa I se reflection • Ex erience the or a n ization as si loed b de t. p g y p • This is not an uncommon bridge to need to • Siloed structure results in differentiated work �ross, but ro ress is much less likel to be made experiences and microclimates across the org p g y if DEI is perceived as pri ma ri ly for show • Cu rrently, they feel con nected to a nd su pported i m med iate col leag ues, but they wa nt to strenc those relationsh i ps a nd bu i Id relationsh i ps out thei r d i rect work g rou ps � ��_ �� _ �� -- -� _ --- -- - � - � - __ - - __ _ � � �� _ � � _ _ � � _ � _ • M a ny of the ba rriers that em ployees identified • E m lo ees wa nt to see a sh ift to a cu Itu re p y were orga n izationa I, i nstitutiona I, or system ic that centers accou nta bi I it su ort a nd y� p p � ba rriers, rather tha n i nd ivid ua I ba rriers • trust a nd a sh ift away from fea r a nd lack of o Em ployees see themselves as a head of trust the orga n ization i n th is work . . o Desi re for a n i m proved cu Itu re of • Experience colleagues' lack of DEI awareness as . . . accountability a ba rrier to fu rther prog ress of the . . � o Desi re a cu Itu re of i ncreased su pport o rg a n i z a t i o n s D E I effo rts � � • Em ployees descri bed the orga n izationa I o E m p I oyees d es i re fo r i n c rea sed D E I � � � � _ � cu Itu re as lacki ng trust or havi ng a cu Itu re of cohesion, with more orga n ization wide D E I tra i n i n a nd ski I Is develo ment to to fea r g p hel the or a n ization ro ress o �ack of trust that the orga n ization wi I I p g p g • Need to i m prove h i ri n /recru itment process su ort them if/when the need it g pp y structu re, consistency, a nd tra nspa rency across o �ack of trust that i ntentions wi I I come the orga n ization to fru ition as actions o Desi re consistent h i ri ng practices � - �- _ � _ _ �� _ _ c �� = � ��_ _G - -G - � - - �- � _G _ �� _ • Em lo ees wa nt to see more forma I p y . . . . . . . . • Em ployees with ma rg i na I ized identities a re DE I work bei n led b leadersh i . . . . g y p . havi ng a d ifferent experience tha n thei r o Desi re for more en a ement a nd . g g peers without cohesion a mon leadersh i . . g p o Doi ng more emotiona I a nd a rou nd or a n izationa I D E I efforts � � g psycholog ica I la bor, wh ich la rgely • Em lo ees a re looki n to leadersh i to � p y g p oes u n reco n i zed g g lead on D E I a nd a re not seei n robust o J �ack of awa reness a bout them a nd leadersh i su ort for th is work, a a bout thei r identities a nd ex eriences p pp p necessit for success o �ack re resentation i n leadersh i . y p p ■ Rei nforces the orga n ization's cl i mate%u Itu re of h istorica I I � y ce nte red) p rofess i o n a I homo eneit /conform it . g y y '�,,�,� o", ,�� r' ,, �� , �� , v� � � �� ' �°�T � , ��.��. �____� �,. ��; , t� ,,;f �� ,,;�;�� ,,, �� _ , �ee�� i��b , � , ' ,, �� + ' � ;� i � j � ,,,,, J � , � / � � `� m�� ,�� -, ��y��i� r ,�n�Yr, , � ° ` ; I � � � ��i�•. , a„� T I II I � ,;',l��1 a�r��.�+� ii. 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' �' � : ' � �� `�� , � - �� " � ��* � � , �� : � � �� _ � � �_ � � �� _� �� _ � � _ � _ �_ _ _ _ , _ _ � ,_ _ _ _ ^ ^� , , _ _ , _ _ ,� , � � � � � � � � � � - � � - ; � � _ . � . � _ . � � � � �� _� �� , �� € �� _ � � � � � �� _ � � _ � _ � �� _ _ _ _ � _ _. _ � _ �� __ � �� _ _ �_ � � �� _ � � �_ � _ � _ _ � �� - � �� ; � � � � �� , � � � � �� = � _ � �� _ ��_ �� _�� - � �� .�� _ �� '��.�.^�a�� ,, �.-�. � �� . . ... _ � � � << � _ _ _e- �_- _a _ � .n-- F - - ��.� � .� ��> �� ,., �� _ �� . � � � �,�. �-'��: _�.�.- ��...��.._� >.�_�.= ' - .. .> � � � � _ _.� � �g � ��. = 9 `� �- - - � � � .T - . . . . � � �� =4 ,-.� . ,-. -,z. .a -` -. ' _ . � �-3,,.� �..,�.. ..- ....`-_>, _ . . . _ _ _. . _ � ��. � _ � � � � � �� — ' � <= a � �-� �� <. �_ � _ ��: � , j � �� _�� _ ` _ �� — � -�_. ��`E ��_ _� _ �� ->- �� _ >� _ , �_ � �� -�� $ - �- � � , e�- �-� ,_ � .. ��-t_ � � � . ..,. . .. . . . . . � . . . �..: . ,. a. ��=�� .. � � -.� ��.�> '- . ��._��$_� �_� ��} �� e �� rr _ � � — � � :� _ � � � � �_ � �� '�'��- �-� �a� ��_�� ;� �� "Vlle're leading DEI best -=----_- =-- - ——-_---=-=-_- ►, practice.�► _----__ --_ - --____-__--__ - DElis artof - - -- - - - - ----- - =_- - p - -- - =----_ - -- - - -- - =- - -- - e�eryth i ng we --_ - --=---=---=--- --=---- ------ --- �► - - - _--- --- --_-_-- ---- -_==-= d o. _ - = - _ � _ � _ _ _ _ _ _�� _ - - =- - _ -� = �� - -_ - - _ - - - - - "DEI is important - � � to ou r su ccess." � �- ��_ � � �� - - -a_-�-_� .� �a - �- � � � � "DEI has to be - � � � -- � - - done so we do it." � � ��- _ . � - ��;��;�� _ - �rganization � ��g��g�� _ � ideologically �_ = ;z� _ � �-� _ - �_- All policies and � supports❑EI and = - practices reflect and - � demonstrates _ _ - - reinforce the❑EI - � leading _ _ - "What's the point - ��-��;��;�� - _ � _ � � strategy. - � ❑rganizational - _ of DEI?" - ❑EI is a strategic _ prganization citizenship in the - ❑b ecti�e fo r th e - � �- - J acti�ely supports area. - -_ _ ❑rganization.KPI's - - underrepresented - � - - � � ��_��_�� are de�eloped and - - groups. - �- They are inno�ati�e _ _ a �� - a ent � _ _ c ie�em _ _ - _ and courageous in - - - ; -; - tracked. ---_- --_-;- - �- - ��-��-�� _ - _ ��-� _ _ challenging the - _ _ Addresses❑EI❑nly - _ _ _ g _ Leaders ha�e strong status quo. - � - - _ as far as legislati�ely - _ �� - ❑EI knowledge and - - _ - _ _� - required.Basic data - All leaders❑wn and - - integrate this in all - - ��.�;� _ � � — - collected.Baseline - - communicate the - _ acti�ities. - - _ - _ policies de�eloped. _ - ❑EI strategy _ - - All leaders challenge _ � - ; ; - _ their❑wn thinking _ ��_��_�� _ - throughout the - - - business. - - _ and the thinking❑f _ _ N❑desired t❑ _ _ ��.�;� _ - ❑thers. - address❑EI.N❑ ❑�es not❑wn❑EI - - - - - - � - policies in place. - - responsibility - _ All leaders held - _ - - - - - - _ accountable for _ � - ��;� - - ❑EI responsibility _ - achie�ing❑EI KPI's. _ _ LJ nawa reli nterested _ _ usua l ly sits with a - � in❑EI.Maintain the - �� select few�i.e.,HR}. - status quo. - - - - Li ke-fo r-I i ke. - - _ Based on Talent Maps'D&I Maturity Model - � � � = F � = � � = _ - � � - � = - � s � _ s � � - • Develop a nd i nteg rate D E I com m itment a nd vision la ng uage that em phasizes eq u ity, i ncl usion, a nd add ressi ng system ic i neq u ities (racism, sexism, classism, a bleism, tra nsphobia, etc.). • Draft DEI strateg ic goa Is towa rds a DEI strateg ic pla n based on the assessment fi nd i ngs a nd the newly developed DEI com m itment statement. Organizationa structure • Ensu re that the DEI Di rector (Ch ief Eq u ity Officer) has rea I power, a via ble budget, decision-ma ki ng a uthority, resou rces, a nd a portfol io with i n the orga n ization i n order to be most effective. • Work towa rds more d iverse leadersh i p. • Ai m to h i re a workforce that is reflective of the popu lation you serve. - � � � = F � = � � = _ - � � - � = - � s � _ s � � - • Enhance existin recruitmentstrate to diversif and g gy y i ncrease ca nd idate ools i ncl ud i n tracki n of p � g g demo ra h ics to measu re recru itment efforts over g p time. Organizational • • • Develo a i el i ne ro ra m for women B I POC a nd p pp p g > > P rocesses . . . . other h istorica I I ma r i na I ized em lo ees that su orts y g p y pp rofessiona I adva ncement i nto su ervisor a nd p p y leadersh i ositions for em lo ees who a re i nterested pp p y intakin theircareersinthatdirection. g • Deve I o rocesses to m i t i a te b i a ses i n h i r i n . pp g g - � � � = F � = � � = _ - � � - � = - � s � _ s � � - • Review feed back from focus rou s for ma r i na I ized rou s, a nd g p g g p use that feed back to u ide cha n es. g g • Work to i ncrease em lo ees' trust i n the or a n ization. p y g o Ex lore how to bu i Id a cu Itu re of accou nta bi I it a nd su ort. p y pp ■ Ensu re that a I I of Sen ior �eadersh i is com m itted to, p • • su orti n a nd en a ed i n the Town's D E I work. organizationa p p g, g g Culture . . . . • Enhance re uired and o tional trainin a p g o Professiona I develo ment a nd tra i n i n i n D E I knowled e p g g a nd ski I Is shou Id be for em lo ees i n a I I roles a nd p y de a rtments with a a rticu la r em hasis on leadersh i , p p p p es ecia l I d u ri n th is eriod of cha rti n the Town's D E I p y g p g course. \\\\\� \i i . �\;� � �,, ; , , ,, , ;�, � �,, ; � � � \ ,,,,,, ,,, „ ,, , � \ �� ;��„ ,,,,,� � � � ��, ; � \ . � , \ � � \� \ , , \ � � �� \�� \ ,. � � \ � \ \ \ \ \ \ \ � � �� ` � � • • � � � � � r i nnin - �� _ . � � in � . . . . . � � i�i � nin r� � i � � nnin � . . . . wi � � n in � � in � r wi _ , . . �� , �� ,� ,� � �� r� i �� r�n � ni � r ,�, , � , �� , � ��\� � � . \\ \ � , � ��\ \� � � n � � m � n �� m � � r � m � i , - �~��, \\�; :, :\ \�, , ��,, , ��, , ��,, , ��,, ., ��,; �,, ��; „,\ � �, ,,, „ � �, ,,, , ��, . � � , ��,, _ , ��„ , , ��,, „ ��,, , � ��,, _ r� � r n� �,\, \\ � �.�� \:...: �\� , � <, �,,, , \ ��,, ,� �,,, � ��,, ,� �,\\ : \ : � ,, \ ��,, \ �,,, \ ��,, . \ �� , \,,\ ��„ �,,,, �� , , �� \ �� , :� �, , : �, , �� , �, , , �� , \ �, , : \\ . �, , \\\ �� ; � �, , � �, � �� , � �� \ � \� , ;, �� , \, �� , , ��, , , �� , �, � \\\\\\, � \, � \� , \� , �� ; o� � �� \\\` �� \,O \\\\\� \i i . �\;� � � � � �,, ; � � , ;�„� ��, � � ,�\ � � � „��, ,�, „ ,, � � � �� „ ,,:;,� � ; � � ��, � � � . � � � � �� , , \ � � �� \ \ � �\�\�\ \ ,. � \ \ \ \ \ \ \ \ \ � � �� \ \ � � , � � � - �, �� Th e Se I e�t Bo� rd h�� t h e o o rtu n it to t� ke � . . . �� le�der�h i role i n th i� work. � � . . o Wh�t ki nd of le�der�h i role �ou Id the Sele�t � � . .� . _ Bo� rd h��e inthe DEI work . Wh�t kind of role - wo u I d o u I i ke to h��e? �� ,� ,� �� , � ��\� • � � \\ � � , � ■ Wh�t �ou Id the Sele�t Bo� rd be i n to work ��,�� \� � � . _ � ��,,\, on ri ht �w� . �, , J � \�\, , _��; , ��, , �,,, , ��,,, ., \�,, �,, ��, ,,,\ \ �, ,,, „ � �, ,,, , ��, . , � , ��,, _ , \,,, , , \�,, „ �,,, \ � \�,, _ ��\, \, � �.�� \:...:. �� , , � . . . . . �\��., , \...:, ��0� , ,\.:.: �\o�. \..: �� \\.:: r �� ; ; \..:; �. �� \... �� \._._ �.�� \... c�� . \. . �� `�� ; , �� , �� > � �� \ �ne o��i bi I it . form� I �dd re�� title� i n �� . �, _ \ �� , :� �, \ : � � �, , �� , �, , , �� , \ �, , : \\ . �, , \\\ �� ; � �, , � . �, � �� , � �� \ � \� , ;\ �� , \, meetin � �� , , ��, , , � �� , �, � \\\\\\, � \, � \� , \� , �� ; o� � �� \\\` �� \,O U � � � � � � IIIU I IU II u �� . , , , , , , , , , , , � � , , , , � � � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Review and Approve Updates to Restaurant, Event Space & Craft Beverage Establishment Alcoholic Beverage License Regulations PRE E TER• ITEM S N . NUMBER: Board Discussion I.6 S UMMARY: Category:Decision Making Attac hed p leas e find the 2010 (C urrent)p o lic y; 2024 p rop o s ed revis ed p o lic y; a redline draft o f the differenc es b etwe en the two p o lic ie s; and a s ec tio n-b y-s ec tio n high level review o f the p ro p o s ed c hange s. SUGGESTED MOTION: Mo ve to ap p ro ve the 2024 R e s taurant, Event S p ac e & C raft B everage E s tab lis hment Alc o ho lic B everage License Regulations, as proposed. FOLLOW UP: S elect Board O ffice. DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024 8:25pm ATTACHMENTS: Description Type � ��°��:�,Q�.��y 4:.��,��r. �,�� :�,Q��IQ��4:.:��r�r�,��y 4:.:��,��r. �,�� :�,Q��IQ�.�,Q�.��y��,��m��,� (:.:��,��r. �,�� ,��y��.��n:�,�r��ro(��r��,�� (:.��,��r. �,�� SELECT BOARD REGULATION Restau�ant,Event Space & C�aft Beve�age Establishment Alcoholic Beve�age License Regulations Date Approved by BOS: Signature of Chair I. PURPOSE The Select Board is duly authorized by statute to issue alcoholic beverage licenses in the Town of Lexington and to regulate alcoholic beverage licensees. In addition to licenses for off-premises consumption (e.g., liquor and package stores), these licenses cover the service of alcoholic beverages at restaurants whose principal business is the sale of foods for consumption on premises, event spaces, and craft beverage establishments. The Select Board will review applications for(1)All Alcohol licenses, and (2)Wine and Malt Beverage only licenses according to the standards set forth herein. II. GENERAL REQUIREMENTS The Select Board issues alcoholic beverage licenses to three types of applicants: (1) restaurants whose principal business is the sale of food, (2) event spaces, (3) craft beverage establishments. The following requirements apply to all Alcoholic Beverage Licensees and Applicants, regardless of type of license or establishment. a. TI�E APPLICATION i. Alcoholic beverage licenses are issued for one year only, subj ect to annual review and renewal by the Board. 11. No action shall be taken by the Select Board on an application until the information requested on the application form is complete and all license fees are . pal . 111. All applicants must submit a floor plan of the building and plan of any outdoor area in which alcohol is to be served (the "premises"). The floor plan of the premises must have clearly marked and designated the location of(1) service bars (2) dining rooms, (3) function rooms, (4) restrooms, and (5) all other rooms in which the Applicant intends to serve alcohol. Sales and service of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Select Board, and no change in such area or location may be made without prior approval of the Select Board. 1 iv. Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. v. All applications for licenses shall be made upon blanks furnished by the licensing authorities or on electronic forms available through the Massachusetts Alcoholic Beverages Control Commission (ABCC), shall be fully answered in detail, and shall be typewritten. vi. Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the alcoholic beverage license or for suspending, canceling, or revoking an alcoholic beverage license already granted. vii. The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: (a)All Alcohol - $3,500, and (b) Wine and Malt Only - $2,5 00. Vlll. For a new license or change of license, a $100 administrative fee is due at the t1111e Of a�J�JI1Cat1011. ix. If an applicant is denied a license, the applicant may not submit another application for one year from the time of denial unless: (a) a Select Board member, who previously voted against the application, moves to allow resubmission and such motion prevails; or(2) the conditions on the basis of which a license was denied have been remedied. b. GENERAL CONDITIONS i. All alcoholic beverage licenses are conditioned on compliance with all applicable state and local laws, including but not limited to M.G.L. Chapters 13 8 and 140, the state building code,ABCC Regulations, 105 CMR 590 (food code), and Lexington's bylaws and regulations. 11. Pursuant to state law, No corporation, organized under the laws of the Commonwealth or any other state or foreign country shall be issued a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States, and shall have vested in them by properly authorized and executed written delegation full 2 authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to alcoholic beverages nor unless such manager or representative is, with respect to their character, satisfactory to the licensing authorities. 111. Such manager or representative shall be present in the licensed premises and shall be available to the licensing authorities at all times during which alcoholic beverages are being sold pursuant to the license of such corporation, unless some other person, similarly qualified, authorized and satisfactory to the licensing authorities, and whose authority to act in place of such manager or principal representative shall first have been certified to the licensing authorities as set forth in paragraph iv, is present in the premises and acting in the place of such manager or principal representative. iv. All managers listed on the license must provide the Board with proof of successful completion of an accredited alcoholic beverage server training program (such as Training for Intervention Procedures by Servers (TIPS)). All other employees must complete similar in-house training within 30 days of hire. v. The manager or representative is responsible for the order and decorum kept in the premises and in the immediate surrounding exterior area and must cooperate with Town Officials in maintaining such order and decorum. The property is subj ect to inspection at any time by appropriate Town Officials. vi. The alcoholic beverage license must be prominently displayed and available for public viewing inside the premises. vii. Unless the Select Board elects to reduce such hours as a condition of a license, the hours for serving alcoholic beverages shall not exceed the hours of 11:00 a.m. to 12:00 midnight seven days a week. Alcoholic beverage licensees may serve alcoholic beverages past 12:00 midnight on New Year's Eve (December 31 st) until 1:00 a.m. on January 1, subj ect to a written request to and prior approval in writing from the Town Manager. In determining whether to approve such a request, the Town Manager shall take into consideration any objections or complaints concerning the requesting entity's operations that may have been received by the Town or the Town police. Vlll. All alcoholic beverages must be bought, served and consumed on the licensee's premises. No person shall be allowed to take or consume alcoholic beverages on the sidewalks of any licensed establishment or on the public sidewalks, unless an application to extend the licensed premises has been approved by the Select Board or Town Manager. Such extension must meet guidelines for extension of premises to patio and outdoor areas established by the ABCC. ix. No license shall be sold, transferred or surrendered without the prior approval of the Select Board. 3 x. If a licensed establishment is closed for more than 7 consecutive days or 10 days in a calendar year without prior approval, its shall be considered to have abandoned its alcoholic beverage license and said license is subj ect to suspension or revocation by the Select Board. xi. Automatic amusement devices in compliance with Massachusetts General Laws Chapter 140, § 177A may be kept in licensed premises, provided that each such device is properly licensed by the Town of Lexington as an automatic amusement device and is installed on the premises so as to be kept in open view at all times while in operation, and shall at all times be available for inspection. The term "automatic amusement device" shall mean any mechanism whereby, upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the player, including but not limited to such devices commonly known as pinball machines and video or electronic games. No device designed or intended for gambling, gaming or betting for money or property shall be permitted in a licensed premise, nor shall any other automatic amusement device be permitted to be used for such purpose. xii. Alcoholic licenses issued shall be conditioned on strict compliance with these regulations, and any failure to comply may be cause for refusing to grant or renew a license or for suspending, canceling, or revoking a license already granted, at the discretion of the Select Board after consideration of all relevant circumstances. X111. No alcoholic beverage license shall be granted unless toilet facilities are generally available to patrons. IV. CONDITIONS APPLICABLE TO RESTAURANTS, INCLUDING CRAFT BEVERAGE ESTABLISI�MENTS (AS DEFINED IN TI�E ZONING BYLAW). a. A restaurant, whose principal business is the sale of food for consumption on premises, and craft beverage establishments must have a seating capacity of at least 18 people in order to receive an alcoholic license. b. The hours during which sales of alcoholic beverages may be made are further limited to the times when the restaurant dining room is open and food service is available for consumption on premises. No alcoholic beverages shall be sold or served in a restaurant before it is open and food service is available, nor after the restaurant has been closed or food service has ended. Food service is defined as the service of any food, including appetizers, desserts and snacks. 4 V. CONDITIONS APPLICABLE TO EVENT SPACES AND CRAFT BEVERAGE ESTABLISI�MENTS TI�AT DO NOT QUALIFY AS RESTAURANTS UNDER TI�E ZONING BYLAW. a. Non-restaurant license applicants that do not have food service for consumption on premises shall demonstrate how the alcohol license enhances their business and shall meet all other requirements of this policy except food service requirements. For businesses other than craft beverage establishments, "enhancement of business" as used in this policy means adding to the primary, non-alcohol service purpose of the business as an ancillary activity. Such applicants must comply with all other state laws and regulations regarding the operation of their businesses. b. A non-restaurant applicant that does not provide food service for consumption on premises is only eligible for a Wine and Malt Beverage license and shall not be granted an All-Alcohol license. VI. REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 138 5 BOARD OF SELECTMEN REGULATION Alcoholic Beve�age License Regulations Applicable to Restau�ants Date Approved by BOS: Signature of Chair: March 15, 2010 Norman P. Cohen I. PURPOSE The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic beverage licenses. These regulations set the standards by which the Selectmen will review requests by holders of Common Victualler licenses for All Alcohol and for Wine and Malt only licenses. It is the intent of the Board of Selectmen that alcoholic beverage service in restaurants should be incidental to food service and that establishments whose primary purpose is the service of alcoholic beverages will not be licensed. II. GENERAL REQUIREMENTS 1. The issuance of an All Alcohol or a Wine and Malt Beverage only license is an accommodation to a duly licensed Common Victualler who serves food to the public in a restaurant. 2. An alcoholic beverage license shall not be issued to any applicant unless such applicant is the licensee named and operates the dining facility identified in the Common Victualler License. 3. An alcoholic beverage license shall not be granted to establishments that have their primary business derived from fast-food service, as defined in the Zoning Bylaw. 4. Restaurants must have a minimum seating capacity of 18 to be granted an alcoholic beverage license. 5. Food service must be provided to seated patrons and served by wait staff. 6. Unless the Board of Selectmen elects to reduce such hours as a condition of a license, the hours for serving alcoholic beverages shall not exceed the following: 11:00 a.m. to 12:00 midnight seven days a week. Restaurants may serve alcoholic beverages past 12:00 midnight on New Year's Eve until 1:00 a.m. on January 1, subj ect to a written request to and the prior approval in writing from the Town Manager. In determining whether to approve such request, the Town Manager shall take into consideration any obj ections or complaints concerning restaurant operations that may have been received by the Town or the Town police. 7. The hours during which sales of alcoholic beverages may be made in a restaurant are further limited to the times when the dining room is open and food service is available. No alcoholic beverages shall be sold or served in a restaurant before it is open and food service is available, nor after the restaurant has been closed or food service has ended. Food service is defined as the service of any food, including appetizers, desserts and snacks. 8. Automatic amusement devices in compliance with Massachusetts General Laws Chapter 140, § 177A may be kept in licensed premises,provided that each such device is properly licensed by the Town of Lexington as an automatic amusement device, and is installed on the premises so as to kept in open view at all times while in operation, and shall at all times be available for inspection. No device designed or intended for gambling, gaming or betting for money or property shall be permitted in a licensed premise, nor shall any other automatic amusement device be permitted to be used for such purpose. The term"automatic amusement device" shall mean any mechanism whereby, upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the player, including but not limited to such devices commonly known as pinball machines and video or electronic games. 9. All alcoholic beverages must be bought, served and drunk on the premises. No person shall be allowed to take or consume alcoholic beverages on the sidewalks of any licensed establishment or on the public sidewalks, unless an application to extend the licensed premises has been approved by the Board of Selectmen. Such extension must meet guidelines for extension of premises to patio and outdoor areas established by the ABCC. 10. No license shall be sold, transferred or surrendered without the prior approval of the Board of Selectmen. 11. All alcoholic beverage licenses are conditioned on the compliance with all applicable state and local laws, including but not limited to M.G.L. Chapters 13 8 and 140, the state building code, the ABCC Regulations and Lexington's bylaws and regulations. 12. No corporation, organized under the laws of the Commonwealth or any other state or foreign country, shall be issued a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States, and shall have vested in him by properly authorized and executed written delegation full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to alcoholic beverages nor unless such manager or representative is, with respect to his character, satisfactory to the licensing authorities. 13. Such manager or representative shall be present in the licensed premises and shall be available to the licensing authorities at all times during which alcoholic beverages are being sold pursuant to the license of such corporation, unless some other person, similarly qualified, authorized and satisfactory to the licensing authorities, and whose authority to act in place of such manager or principal representative shall first have been certified to the licensing authorities as set forth in paragraph 14, is present in the premises and acting in the place of such manager or principal representative. 14. All managers listed on the license must provide the Board with proof of successful completion of an accredited alcoholic beverage server training program (such as Training for Intervention Procedures by Servers (TIPS)). All other employees must complete similar in-house training within 30 days of hire. 15. No alcoholic beverage license shall be granted unless toilet facilities are generally available to the patrons of the restaurant. 16. The alcoholic beverage license must be prominently displayed and available for public viewing inside the premises. 17. The manager or representative is responsible for the order and decorum kept in the premises and in the immediate surrounding exterior area and must cooperate with Town Officials. The property is subj ect to inspection by appropriate Town Officials. 18. If the licensed establishment is closed for more than 7 consecutive days or 10 days in a calendar year without prior approval, it shall be considered abandonment of the alcoholic beverage license and is cause for the suspension or revocation of the license. 19. Alcoholic licenses issued shall be conditioned on strict compliance with these regulations, and any failure to comply may be cause for refusing to grant or renew a license or for suspending, canceling, or revoking a license already granted, at the discretion of the Board of Selectmen after consideration of all . re evant clrcumstances. III. TI�E APPLICATION 20. Alcoholic beverage licenses are issued for one year only, subj ect to annual review and renewal by the Board. 21. No action shall be taken by the Board of Selectmen on an application until the information requested on the application form is complete and all license fees are paid. 22. All applicants must submit to the Board of Selectmen with the application a floor plan of the building on which is clearly marked and designated the location of proposed service bars and the dining rooms, function rooms, restrooms, or other rooms in which approval of the Board of Selectmen for the sale of alcoholic beverages is requested. Sales and service of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Board of Selectmen, and no change in such area or location may be made without prior approval of the Board of Selectmen. 23. Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. 24. All applications for licenses shall be made upon blanks furnished by the licensing authorities, shall be fully answered in detail and shall be typewritten or legibly written in ink. Applications written in pencil, in whole or in part, will not be accepted. 25. Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the alcoholic beverage license or for suspending, canceling or revoking an alcoholic beverage license already granted. 26. The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: (a)All Alcohol - $3,500, and; (b)Wine and Malt Only - $2,5 00. 27. For a new license or change of license, a $100 administrative fee is due at the time of application. 28. If an applicant is denied a license, a new application shall not be received for 12 months unless a Board of Selectmen member, who previously voted against the application, moves to allow resubmission and such motion prevails. IV. BACKGROUND The Town of Lexington, by a vote of its citizens, had earlier established alcoholic beverage licenses for restaurants with a minimum seating capacity of 99. In 2002, the Lexington Center Committee began to discuss ways to attract more businesses to the commercial district. They found that surrounding communities such as Arlington and Waltham had revitalized their commercial areas by attracting smaller chef-owned restaurants. The ability to sell alcohol made these restaurants economically viable. Town Meeting passed a home rule petition seeking to eliminate the 99-seat minimum seating capacity. That petition was approved by the Legislature and then overwhelmingly approved by the citizens on March 2, 2004 by a vote of 7022 to 1224. V. REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 13 8 ��.�� ''C�:C� BOARD RE GULATION Alcoholic Beve�age License Regulations ' Date A roved b BOS: Si nature of Chair� pp Y g ��.�r.-.1-� 1 � '�!l 1!l �1_�_r_m�_n L� ��1^�a_n. � I. PURPOSE „ ,,+ . . . �� T e ��"� �� Boar ls u y aut orize y statute to lssue ��.��.�� ' � and to regulate alcoholic beverage��a�°��. T'�� . . . . T;,-. � � �� . �� licenses for ,-.,� ,� �� .��.�� and . . . . �� u �� . . . . . . . . . � F �� w �.�� F g ��r, + ,,, � .�� v v �� . �� . �� 'C�� . �� .�� .�.. �� u u�� .�� :� ��.� �: � �� . �.�� u �� :� �� :�� II. GENERAL REQUIREMENTS �The ' ' ' ' . . . . . . . . . . . . . . . . . . . . . T;.� ;�• c� � . . . . . . . . . . . ' � . . . . . . . . . . . . . . T �"��.�� Board . . . �� . . . . . ' • . � � � . . . . � . . . , . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . � � . � � � � � 9 � � � . � � � � � � . . . . . . . . . . . ' ' . . . . . . . . . . . . ' . . . . . . . � ' . � � � � � 9 � � � � � 9 � � 4` . . . " . . . . ' . . . . . . . ' . . . . . . . ' . . . . . . ' ' . . . . . . . . ' . . . . . . . . . ' . . . . . . . . . . . . . . . ' � +� y �' ,l . • �� alcoholic beverage licenses ' ' ' ' ��,� . . . . . , . . . . . . . , ' ' . . . . . , . . . . . ' . . . ' . . . ' �� u�� principal . , . . . ��.�� . . . . ' . . . . . . . . . . . . . . . . . . . . ' ' • . . . . . . . . . . . . . . . . . ' . . . . . ' ' . . . . . . ' . . . . . . . . . . . . . . . ' . . . . � � � � . � � � � � � � � - - . . . . . . . . � � ��'�� .�� Of ' . �� 10T.-d •�1.�.-dl-,.-dl,.� .� �� c�� `�c�:��beverage��,��r"'recr�� . �� u � ��.� � w u . . . . . ��c� � � � �, ��,�� . �� . to . ��.�� . � � � � � � � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . t r „ +; + ,,, �� . ��.�.Alcoholic ' ' ' ' ' ' ' . . . ' . . . . . ' ' ' . . . . ,,; ,,,, � ,, ��: � �� ,�� . � � � � � � �� .��:��. ��TI�E APPLICATION i. Alcoholic beverage licenses are issued for one year only, subj ect to annual review and renewal by the Board. y �� Board ,��p'Gf!'�♦Y9''9(�Y'9 on an 11. No actlon s a e ta en t e �� F application until the information requested on the application form is complete and all license fees are paid. 111. .All applicants must submit�� °� �°� «T;� � y. y y. . . . . � � �� a oor p an o t e ul ing „ ��r „-. ,�� .�� :� �� . �� '� �� '�� .�� w � � w � �� clearly marked and designated the location of � � �� .�� service bars �;-�,�--4'�u u�� dining rooms, u �� function rooms, �� restrooms, e��:� � �� .�. other rooms in which � wu . . � �� •�� .� Sales and service of alcoholic beverages are �� prohibited in any areas or locations not expressly approved by the ,,�� Board �°��p'a��p�°, and no change in such area or location may be made Board �°��p'a��p�° wlt out prlor approva o t e �� • iv. ��Every application for an alcoholic beverage license made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal I representative of the corporation. The application shall be signed by a corporate officer duly authorized by a vote of the corporation's board of I directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its I organization, shall be submitted with the application. A copy of the vote appointing the corporation's manager or other principal representative shall also be submitted with the application. v. �4:All applications for licenses shall be made upon blanks furnished by the licensing authorities;��. �� F�� .�� F � � �� :��„� w.. �: '� S a. c��c��F��. �F��:�.��F � � ��„c�� .� , , ,w� be fully answered in detail� and shall be typewritten e�.�-��'��';,-,-p� ;,� . . . . . . . . . • ' ' yy . vi. . Statements and information provided in all applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be cause for refusing to grant or renew the I alcoholic beverage license or for suspending, canceling� or revoking an alcoholic beverage license already granted. vii. �The annual license fee is due at the time of applying for or renewing an alcoholic beverage license. Annual fees are as follows: F :��.. w ��w� �� . u �� . �� ,�� n � .��,.� L l-- T;- ----•�- -- •� + �T -- rec , �cr I Vlll. . For a new license or change of license, a �1 OO aC�1111111StratlVe fee 1S C�Lle at the time of application. 1X. . � � F � � an app lcant ls enle a lcense, � �� .�� ..�""��^'�..�".`� C'r 1�'�A�']�� '1''9/l T�C1 1^C1!"�Ll 9 T T Cf,a fo r �� 1'9''1!!'Y9 T 1''9 Cr�""�`� '� '�� "�""�..��^'��" cc��.� �� a��{�,�app lcatlon� ��.��.�� a� a��{ � �. unless� �� a ��"�� Board � �°� member, who �� .�� w �� previously voted against the application, moves to allow resubmission and such motion prevails.-� �� w �� F�� :�� F�� .��F � . � � �� . �� :� ��.��. T T T . . . . . . . . ' ' . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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'�� ..��:� �� .��.�� .��.��.. �� .�� .�� F � �.�� ,�� . �� v��.�� . � �� v� � �. �� . ��. � �f�� . � f�� v�� .v�.��. �� . �� . ��. � �.� �� f�� v�� .� � �� . �� v�� f�� .� � � ��v�� f��. f�� .� �� . � � �.��.��. ..� ... �:� �'�..�� . ,�� ,� ...�. � �,� �..�.� ... � � '�..� �� . �� ...��..� ��'C�� .� .�� .�� ,�� ,.�.� .� �� '�..� �: '�.� �� ,�� .. �� '�.� �� '�[� � �� '�� w . � .� � : �.. � �� .�� .��:� ��:�. � � � �� .�. �� . �� .�� . ��.�.. � �� .�. �� . �� .�� .��.�� :�� .� �� .��.�� :� ��.��.�� .�� . �� . ��:�� .��.�� .� �� .�� .��.�� :�� :��:�� , � � � �� .c� � � ��. �� . �� .�� °� � �� :�� .�� . � � � � �� . �� :� �� : � �� .��:�� . ��.�. �� .�i�� „� �� • �� REFERENCES Adopted by the Board of Selectmen June 13, 1967. Amended rules adopted May 24, 1971 Amended rules adopted May 10, 1977 Amended rules adopted December 18, 1978 Vote of citizens of 3/2/04 (no minimum seating required) � 9 Amended rules adopted by the Board of Selectmen on September 13, 2004. Amended rules adopted February 15, 2005. Amended rules adopted by the Board of Selectmen on March 15, 2010. MGL Chapter 138 I 10 Changes in Document Sections: Purpose 2010 Document: • Focuses on the issuance and regulation of alcoholic beverage licenses by the Board of Selectmen. • Emphasizes that alcoholic beverage service should be incidental to food service. 2024 Document: • Mentions that the Select Board is authorized to issue alcoholic beverage licenses and . regu ate lcensees. • Includes additional coverage for event spaces and craft beverage establishments, not just re staurants. General Requirements 2010 Document: • Licenses are an accommodation to a duly licensed Common Victualler serving food. • Specific exclusions for establishments primarily offering fast-food service. • Requirements for a minimum seating capacity of 18 and food service by wait staff. 2024 Document: • Broader scope including restaurants, event spaces, and craft beverage establishments. • Specific application requirements such as submitting a floor plan, details of corporate officers, and certified votes from corporate boards. • Detailed provisions about application completeness, false statements, and administrative fees. The Application 2010 Document: • Not explicitly detailed in the provided sections. 2024 Document: • Detailed application process including submission of floor plans, certification of corporate votes, and perjury statements. • Specifies annual fees for different types of licenses and conditions for reapplication if . enle . General Conditions 2010 Document: • Compliance with state and local laws, including M.G.L. Chapters 138 and 140. • No license to corporations without a U.S. citizen manager with full authority. 2024 Document: • Additional conditions such as requirements for server training programs. • Broader scope of compliance including the food code and more local regulations. • Explicit rules for extended hours on New Year's Eve, requirements for presence of the manager, and conditions for automatic amusement devices. Detailed Chan�es 1. Broader Scope: The 2024 policy expands the scope to include event spaces and craft beverage establishments, not just restaurants. 2. Application Details: The 2024 document includes more detailed application requirements, such as floor plans and corporate officer details. 3. Compliance and Training: The 2024 policy adds requirements for server training programs and specifies compliance with a broader range of laws and regulations. 4. Licensing and Fees: New provisions regarding administrative fees, conditions for reapplication, and explicit license fees for different types of licenses. 5. Manager Presence: The 2024 document requires managers to be present during alcohol sales and details their responsibilities. 6. Operating Hours: Similar rules for operating hours, with additional specific rules for New Year's Eve in the 2024 document. 7. Automatic Amusement Devices: Both documents mention these, but the 2024 policy includes a more detailed definition and requirements for inspection and licensing. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Meeting Information PRE E TER• ITEM S N . NUMBER: S UMMARY: SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2024