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elect Board Announcements and Liaison Report – August 5, 2024 Doug Lucente: The Select Board was notified regarding this project, and asked to comment on the below listed ™ proposed MBTA Zoning project. The Select Board will not be taking up individual MBTA Zoning projects as items on our agenda. However, Select Board members are welcome to comment on this project individually and directly to the Planning Board if they wish. Planning Board / MBTA Zoning Project: 17 Hartwell Ave o Project Summary Description (From View Point Cloud): A 312 unit for-rent " multifamily property with a standalone 2,100 SF retail building, four- and one- half story precast parking garage and 55 surface parking spaces. Joe Pato: School Building Committee (SBC) ™ 1)August 14 – LHS Building Project Community Meeting Wednesday at Battin Hall and Zoom (2 hours) This will be a hybrid panel session for SBC members to respond to community questions. Previous community sessions were presentations from the professional team (D&W and SMMA) followed by comments/questions from the community, this one will allow SBC members to respond directly to the community. The discussion will be driven by community comments, but we will divide the evening into three topic areas for about 30-minutes each. For many topics, we need to be clear that we don’t yet have firm answers – but that we are listening and that these concerns inform our discussions moving forward. Scope 1.: Cost and size of the school - This includes discussions around the total cost, futureproofing the school size, and the relationship between cost and the size/features of the school. Location and impact 2.: This covers the impact of the location choice, whether it's a new construction or renovation, on the current facilities and fields, as well as the disruption to students during construction. Community values 3.: This includes discussions about sustainability, environmental impact, and how the new school will meet the educational and community needs. Should time allow, we will open time at the end for any additional questions. 2)August 15 – LHS Project Summit (Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee, Recreation Committee, School Building Committee) General project update and discussion on the Field House and Pool being outside the School Building Committee’s jurisdiction/mandate which is related to building a school that meets the educational plan submitted to the MSBA. "#$%&"'()$*'+,**"-. " /$0(%#)1%'+$/$2)'31"-&'*$$)(%# "#$%&"'()$*')()/$4 #$%&"'(&()*+",**-./"012(3* ()$* 5-$+$%)$-4 %,*3$-4 456"'(..$/7"#$%&"'(&()*+ #'89 +,**"-.4 :33(;<*2"1.*(=*">5&2"3<*"#$%&"'(&()*+?=",**-./"012(3*=">$+"3<*"%**-="*&25&)@ " 4A./"BC7"BDBE :A)A=3"B7"BDBE +,##$+)$&'*1)(1%4 61//178,54 &")$'"%&'"55-10(*")$')(*$'1%'"#$%&"4 FGHGBDBE""""""""""""""""""""""""""" " "))"29*$%)+4 I*=;+5135$&#/1* ,**-./"012(3*"JKBCKBEL(;-A1"'(3*+5(. ,**-./"012(3*"FKBKBEL(;-A1"'(3*+5(. RmulmdJcvglerml RmulK_l_ecpqMddgac 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: July 26, 2024 RE: Weekly Update The following is an update of activities for the week ending July 26, 2024: Town Manager Updates: Town Meeting Action by the Attorney General – Attached please find three letters from the ™ Attorney General basically approving all of the Town’s Bylaw submissions and providing some comments on articles they are approving. There are also some comments and no action on some articles that required special legislation related to regulating fossil fuel in new development that were returned with no action due to legislative changes that made these articles moot (Article 29(b) from ATM 2021 and Article 13 from STM 2022). Civics Academy will be moving from a Fall to a late Spring Summer schedule. We’re making this ™ move to better align the timing so that it is post-Town Meeting. It will also provide the Management Fellow that manages the Academy more time working with Lexington before they start with this program. Kelly and I would appreciate any comments the Board may have on this change. Attached please find the agenda tracker for upcoming Select Board meetings. ™ Land Use Housing and Development: Planning On July 31st, the Planning Board will open the public hearing on the proposal for multi-family at ™ 331 Concord Ave. in the village overlay district. Recreation & Community Programs: Community Center 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 Thank you to the Rotary Club for the donation of the “Happy to Chat” bench. It was installed ™ earlier this month outside of the mansion. This is a great place to come and enjoy the outdoors and meet new friends. Aquatics th Saturday, July 27 the Town Pool will host the Middlesex Swim League championship meet. ™ Warm-ups are at 8:00am and the meet will begin at 9:00am. The facility will open to the public at 3:00pm on this date. The swim meet requires an “all hands on deck” team of staff. The Reservoir will be closed for swimming on Saturday in order to have the guards assist at the pool. The Reservoir bathhouse renovations are underway. ™ Capital The Lincoln Park Field #1 and Athletic Light installation project continues. All 7 light poles have ™ been installed and Field #3 is now reopened for use. The work on Field #1 continues and substantial completion is expected to be late August. The Pine Meadows Golf Course Fuel Tank replacement is scheduled to take place on July 31 and ™ August 1. 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rfcRmula_llmr_nnjwrfcbcdglgrgmlmd‘Ap_dr@ctcp_ecCqr_`jgqfkclr’rmgknmqc_jgkgrml npmbsargml`ca_sqcqsaf_nnjga_rgmlumsjbamldjgarugrfE,J,a,/16,RfcRmulqfmsjbamlqsjr ugrfRmulAmslqcjpce_pbglerfgqgqqsc_lbamlqgbcp_dsrspcaj_pgdwgle_kclbkclr,  Lmrc8Nspqs_lrrmE,J,a,2.*¥10*lcgrfcpeclcp_jlmpxmlgle`w+j_uqr_iccddcarsljcqqrfcRmul f_qdgpqrq_rgqdgcbrfcnmqrgle-ns`jgqfglepcosgpckclrqmdrf_rqr_rsrc,  Tcpwrpsjwwmspq*  ?LBPC?HMWA?KN@CJJ ?RRMPLCWECLCP?J  @w8IcjjgC,Esl_e_l  ?qqgqr_lr?rrmplcwEclcp_j Kslgagn_jJ_uSlgr /.Kcaf_lgaQrpccr*Qsgrc1./ Umpacqrcp*K?./4.6 &3.6'570+54..   aa8RmulAmslqcjKgl_Q,K_i_pgmsq    2   &$"$%'$# TCM HE OMMONWEALTH OF ASSACHUSUSETTS 1:47 pm, Jul 25 2024 OAG FFFFICE OF THE TTORNEY ENERAL CMD -+/*1#($,'1 ENTRAL ASSACHUSETTS IVISION 1010MS,S301 ECHANIC TREETUITE ($0&*%.+*1)"1 W,MAMA01608 ORCESTER (508) 7927600 (508) 795-1991 fax www.mass.gov/ago July 25, 2024 Mary de Alderete, Town Clerk Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re:Lexington Annual Town Meeting of March 22, 2021 ----Case # 10066 Warrant Articles # 39, 41, 42 and 44 (Zoning) Warrant Articles # 27, 29 (b), 32, 33, 34 and 37 (General) Dear Ms. de Alderete: Article29 (b)b) As explainedin more detail we take no action on Article 29 (b) from the j 1 March 22, 2021 Lexington Annual Town Meetingbecauseit is now moot Under Article 29 (b) at the March 22, 2021 Annual Town Meeting(Article 29 (b)), the kl Town adopted a new general bylaw, Chapter 106, Regulating Fossil Fuel Infrastructurein k Buildings.In a decision issued July 28, 2021, theAttorney General placed Article 29 (b) on hold, l pending the Towns receiptof special legislationauthorizing Chapter 106. SeeDecision in Case # 10066. Thereafter, under Article 13 at the November 1, 2022 Special Town Meeting(Article 13), kl the Town voted to adopt certain technical corrections to Chapter 106.On February 21, 2023, the Attorney General placed Article 13 on hold because Article 13 was also dependent on the Town 2 receiving special legislation authorizing Chapter 106. Seedecision in Case # 10792 S29 (b),),the Legislatureadopted AnAnAct Driving Clean V\[PRaURG\\d\[m`NQ\\\]aV\\\[\\S6_aVPYRk (St. 2022, c.179, § 84) that requires the Department of Energy :\[R_TfN\[QCSS`U\\_RJV\[Q'l Resources (DOER) toestablish a demonstration projectthat allows cities and towns to adopt and amend general or zoning ordinances or by-lawsthat require new building construction or major renovation projects to be fossil fuel-free.SeeSection 84 of Chapter 179 of the Acts of 2022.DOER adopted regulations at 225 CMR 24.00 to establish the framework, requirements, and timeline for citiesand towns to participate in the DOERs Municipal Fossil Fuel Free Building Construction and m Renovation Demonstration Project(Demonstration Project)Under the regulations Lexington is one In a decision issued July 28, 2021, we approved Articles 27, 32,33, 34, 37, 39, 41, 42 and44. In a 1 separate decisionissued July 28, 2021, we placed Article 29 (b) on hold pending the Towns receipt m of special legislation. In a decision issued today under separate cover, we also took no action on Article 13 becauseit is 2 now moot. of ten Prioritized Communities (as that term in defined in the regulations) for inclusion in the 3 Demonstration Project. For this reason, Article 29 (b) is no longer aURG\\d\[m`NbaU\\_Vafa\\NQ\\\]a contingent upon it receiving a Special Act from the Legislature. Thereafter, at the March 30, 2023 Annual Town Meeting, under Article 27 (Article 27), kl the Town voted to amend the bylaw previously approved by Town Meeting under Article 29and ki amended \[by\] Article 13by replacing it with \[the text provided in Article 27\] for participation in i the Department of Energy Resources municipal fossil fuel-free demonstration project as m established in Section 84 of Chapter 179 of the Acts of 2022. l In a decision issued September 1, 2023, we approved with comments Article 27 that replaced the previously adopted Chapter 106 with a new Chapter 106 because we determined it did not conflict state law, including Section 84 of Chapter 179 of the Acts of 2022, the implementing 4 regulations at 225 CMR 24.00. See Decision in Case # 10908. Because the Town voted under Article 27 to replace the previously adopted (and later amended) Chapter 106 with new text and the Attorney General approved the new Chapter 106 (see decision in Case # 10908), Article 29 (b) is now moot, and we therefore take no action on it. The Town should consult with this Office or Town Counsel with any questions. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Very truly yours, ANDREA JOY CAMPBELL ATTORNEY GENERAL By: Nicole B. Caprioli Assistant Attorney General Municipal Law Unit 10 Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792-7600 ext. 4418 cc: Town Counsel Mina S. Makarious In a letter from Joanne Bissetta, Director Green Communities Division at DOER, to James Malloy, 3 Town Manager for the Town, dated December 22, 2023, the Town was approved to participate in See https://www.mass.gov/doc/municipal-fossil-fuel-free- 9C:Em`9RZ\\\[`a_NaV\\\[D_\\T_NZ) building-demonstration-programlexington-project-acceptance-letter/download 4 Our comments included a statement that the previous versions of Chapter 106 adopted under Article 29 (b) at the March 2021 Annual Town Meeting and Article 13 at the November 2022 Special Town Meeting never took effect because these Articles were not approved by this Office as required by G.L. c. 40, § 32. See Case # 10908, footnote # 2. 2 &$"$%'$# TCM HE OMMONWEALTH OF ASSACHUSUSETTS 1:48 pm, Jul 25 2024 OAG FFFFICE OF THE TTORNEY ENERAL CMD ENTRAL ASSACHUSETTS IVISIONON -+/*1#($,'1 1010MS,S301 ECHANIC TREETUITE ($0&*%.+*1)"1 W,MAMA01608 ORCESTER (508) 7927600 (508) 795-1991 fax www.mass.gov/ago July 25, 2024 Mary de Alderete, Town Clerk Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: Lexington Special Town Meeting of November 1, 2022 ----Case # 1079292 Warrant Articles # 12 and 13 (General) Dear Ms. de Alderete: Article1313 As explainedin more detail we take no action on Article 1313from the j 1 November 1, 2022 Lexington Special Town Meetingbecauseit is now moot Under Article 13 at the November 1, 2022 Special Town Meeting(Article 13), the kl Town voted to adopt certain technical corrections to the general by-laws, Chapter 106 Regulating Fossil Fuel Infrastructurein Buildings.The Town originally adopted Chapter 106 kl 2 under Article 29 (b) at the March 22, 2021 Annual Town Meeting(Article 29 (b)).On kl February 21, 2023, the Attorney General placed Article 13 on hold because Article 13 was also dependent on the Town receiving special legislation authorizing Chapter 106. Seedecision in Case # 10792. Subsequent to the Towns adoption of Chapter 106,the Legislatureadopted AnAnAct k Driving (St. 2022, c.179, § 84) that requires the Department 8YRN\[:\[R_TfN\[QCSS`U\\_RJV\[Q'l of Energy Resources (DOER) toesestablish a demonstration projectthat allows cities and towns to adopt and amend general or zoning ordinances or by-lawsthat require new building construction or major renovation projects to be fossil fuel-free.SeeSection 84 of Chapter 179 of the Acts of 2022.DOER adopted regulations at 225 CMR 24.00 to establish the framework, requirements, and timelinefor citiesand towns to participate in the DOERs Municipal Fossil Fuel Free m In a decision issued February 1717, 2023, we approved Article12. In a decision issued February 1 21, 2023, we placed Article 1313on hold pending the Towns receipt of special legislalation. m In a decision issued July 28, 2021, theAttorney General placed Article 29 (b) on hold, pending 2 the Towns receiptof special legislationauthorizing Chapter 106. SeeDecision in Case # 10066. m In a decision issued today under separate cover, wealso took no action on Article 29 (b)because it is now moot. Building Construction and Renovation Demonstration Project (Demonstration Project). Under the regulations Lexington is one of ten Prioritized Communities (as that term in defined in the 3 regulations) for inclusion in the Demonstration Project. For this reason, aURG\\d\[m`NbaU\\_Vafa\\ adopt Article 13 is no longer contingent upon it receiving a Special Act from the Legislature. Thereafter, at the March 30, 2023 Annual Town Meeting, under Article 27 (Article 27), kl the Town voted to amend the bylaw previously approved by Town Meeting under Article k 29and amended \[by\] Article 13by replacing it with \[the text provided in Article 27\] for ii participation in the Department of Energy Resources municipal fossil fuel-free demonstration m project as established in Section 84 of Chapter 179 of the Acts of 2022. l In a decision issued September 1, 2023, we approved with comments Article 27 that replaced the previously adopted Chapter 106 with a new Chapter 106 because we determined it did not conflict state law, including Section 84 of Chapter 179 of the Acts of 2022, the 4 implementing regulations at 225 CMR 24.00. See Decision in Case # 10908. Because the Town voted under Article 27 to replace the previously adopted (and later amended) Chapter 106 with new text and the Attorney General approved the new Chapter 106 (see decision in Case # 10908), Article 13 is now moot, and we therefore take no action on it. The Town should consult with this Office or Town Counsel with any questions. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Very truly yours, ANDREA JOY CAMPBELL ATTORNEY GENERAL By: Nicole B. Caprioli Assistant Attorney General Municipal Law Unit 10 Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792-7600 ext. 4418 cc: Town Counsel Mina S. Makarious In a letter from Joanne Bissetta, Director Green Communities Division at DOER, to James 3 Malloy, Town Manager for the Town, dated December 22, 2023, the Town was approved to participate in DOration Program. See https://www.mass.gov/doc/municipal-fossil- :Em`9RZ\\\[`a fuel-free-building-demonstration-programlexington-project-acceptance-letter/download 4 Our comments included a statement that the previous versions of Chapter 106 adopted under Article 29 (b) at the March 2021 Annual Town Meeting and Article 13 at the November 2022 Special Town Meeting never took effect because these Articles were not approved by this Office as required by G.L. c. 40, § 32. See Case # 10908, footnote # 2. 2 Agenda Tracker PROPOSED ITEM NAMEMINUTESItem #Description DATE Approve Select Board Committee Resignation Fred Johnson - Lexington Center 5-Aug-2400 - Lexington Center Committee - Fred Committee, effective Sept 30, 2024 Johnson Approve and Sign Proclamation - Annual proclamation recognizing the month 5-Aug-2400 Suicide Prevention Monthof September as Suicide Prevention Month Approve Transportation Safety Group (TSG) Requests stop sign request on Sunny Knoll at Reed - Stop sign on Sunny Knoll at Reed 5-Aug-2400Street and parking prohibitions on Lois Lane. Street - Parking Prohibitions on Lois Lane Approve Water and Sewer Robin added to Novus, waiting for her 5-Aug-2400 Commitments and Adjustmentsattachments Approve Select Board Meeting 5-Aug-2400 Minutes Executive Editor for ‘The Outdoor Channel’, Evan Brune will be filming a 12-minute historical segment on 10/8/24 about the events at Lexington and Concord on April 19, 1775, in honor of the 250th anniversary Approve Battle Green Use Request - of those events. The focus primarily The Outdoor Channel – Filming of 5-Aug-2400detailing the facts of that day, with specific details on the arms and accoutrements TV Segment used by the minutemen and the British regulars. No arms will be present for filming. Filming with 4 participants from 8am-10am in front of the John Parker Statue. No road closures needed. Present Plan of Action and Timeline Mark, Hemali, Dana, Christina, Stephanie for Amending the Lexington Human 5-Aug-24101present the plan of action and timeline for Rights Committee Charge and updating the LHRC charge Community Conversation Plan PLACEHOLDER - Discuss Reporting Structure for Planning of Lex250 5-Aug-241026/20 request from S. Barry Events - Town Celebration Committee This is a follow up discussion based on the Follow Up Discussion on the Plastic 5-Aug-24153Select Board's comments at the 7/8/24 Bottle Phase Out Policy meeting. Approve Conduct and Decorum for 5-Aug-2454 Public Meetings Policy Dana will present contract terms and William James Interface Contract discussion of whether to continue the 5-Aug-24155 Discussioncontract with William and James with the Board This request is to include some of the center stores in the $100k approproval. Original approval: 1) Store back/ Storefront improvement Program: This is a recommendation that we are considering under the Local Rapid Recovery Technical Assitance program for East Lexington. Under this program, the retail stores would ARPA request- Storeback receive assistance for a limited time. This /Storefront improvement plan 5-Aug-24106 would be zero-cost assistance for the store update owners. The stores will have to work with an architect who is well versed with Lexington’s signage and zoning bylaw to develop signage which would make it a quick permitting and approval process. Please refer to Arlington’s Storefront improvement plan that they worked with local bank assistance for funding. Town Meeting Article Submition 5-Aug-24157 Timeline Policy Remote Participation iscuss whether a pool Summit - Select Board, AC, CEC, 15-Aug-241and new fieldhouse should be included in SB, SBC, Recreation the LHS Project preliminary discussion re: town Manager Placeholder - Executive Session B 19-Aug-24301 contract PLACEHOLDER - Town Manager 28-Aug-241801holding 9am - 7pm Finalist Interviews *per Suzie request, moved from 7/22 to 8/5. PLACEHOLDER - Discussion of To discuss potential locations which may 9-Sep-2430-1 East Lexington Fire Station Optionsrequire real estate acquisition under Exemption 6. PLACEHOLDER - Approve Select ____________ as a member to the Fund for Board Committee Appointment - 9-Sep-2400Lexington Board representing the Trustees Fund for Lexington - Trustees of of the Public Trusts Public Trusts Member Mike Cronin has been working with the architect, contractors and Sustainable Lexington on the overall cost and plan for Update on the Solar Canopy Project 9-Sep-24152the solar canopies with the goal of bringing at the Police Station the cost within the appropriation approved by Town Meeting. This is an update to the Select Board on the status of the project. Discussion on vehicle use of Fletcher park and vision for future uses. Food trucks, Fletcher Park Discussion 9-Sep-24153farmers market vendors, etc driving on Fletcher park when back online. Work session topic. Affordable Housing Trust RFP 9-Sep-244 Review Review and Approve Draft Select Board Report for FY24 Annual Town 9-Sep-24105 Report Reviews Draft Select Board Report 9-Sep-24106 for FY2024 Annual Town Report SB to call Special Town Meeting 16-Sep-2451Special Town meeting proposed dates RmulmdJcvglerml RmulK_l_ecpqMddgac James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: August 2, 2024 RE: Weekly Update The following is an update of activities for the week ending August 2, 2024: Town Manager Updates: Attached please find two letters from Ed Augustus, Secretary of the Executive Office of Housing & ™ Livable Communities related to the Town’s compliance with the MBTA Communities Act. As the Board may recall, there were some initial issues with the Town Meeting vote, but our Town Counsel and Planning Staff have worked with State and the State has now determined the Town is now in compliance with the Act. Also related to the MBTA Communities Act, please find an article that was published in the ™ Boston Business Journal on the Town’s adoption of the Act and the reaction of the development community. Attached please find an FAQ on the Emergency Assistance Family Shelter Program that includes ™ updates in the State’s policies. Attached please find the agenda tracker for upcoming Select Board meetings. ™ Human Services: We’re proud to announce that our Senior Services Director Michelle Kelleher is now a certified ™ Massachusetts Public Notary, ready to serve the community and provide trusted notarial services. 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 Land Use Housing and Development: Planning Sunny skies finally prevailed – The Kendall/Farmcrest neighborhood completed their street art ™ project. We will be monitoring for any safety issues and check periodically to see how the paint is holding up. Amkkmluc_jrfmdK_qq_afsqcrrq CVCASRGTCMDDGACFMSQGLE $ MDMD JGT?@JCAMKKSLGRGCQ "" K_sp_R,Fc_jcw*EmtcplmpIgk`cpjcwBpgqamjj*Jgcsrcl_lrEmtcplmpCbu_pbK,?sesqrsqHp,*Qcapcr_pw JuJuly 2929, 2024 James J. Malloy Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 Dear Mr. Malloy: I am pleasedto notify you that the Town of Lexington is compliant with the MBTA Communities Law. We appreciate the additional information that your staff provided and the Town’s collaborativeefforts to address issues raised with our staff over the last few months.There is another letter being sent today that is theDistrict Compliance Determination for MBTA Communities under Section 3A of the Zoning Act (Section 3A). Congratulations on achieving compliance with this important law. I look forward to our continued partnership to build a stronger,equitable andmore affordable Massachusetts for everyone. Sincerely, Edward M. Augustus, Jr. Secretary cc:Senator Cindy F. Friedman Senator Michael Barrett Representative Michelle L. Ciccolo /..A_k`pgbecQrpccr*Qsgrc1..uuu,k_qq,emt-cmfja @mqrml*K_qq_afsqcrrq.0//24/5,351,//.. Amkkmluc_jrfmdK_qq_afsqcrrq CVCASRGTCMDDGACFMSQGLE $ MD JGT?@JCAMKKSLGRGCQ "" K_sp_R,Fc_jcw*EmtcplmpIgk`cpjcwBpgqamjj*Jgcsrcl_lrEmtcplmpCbu_pbK,?sesqrsqHp,*Qcapcr_pw  July 29, 2024 James J. Malloy Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 ! Dear Mr. Malloy: ! Mfyjohupo!—!Ejtusjdu!Dpnqmjbodf!Efufsnjobujpo!gps!NCUB!Dpnnvojujft!voefs!Tfdujpo!4B!pg! uif!\[pojoh!Bdu!)Tfdujpo!4B*! ! This determination is a follow up to the November 29, 2023, letter from Secretary Edward M. Augustus, Jr. which stated that Lexington’s compliance status was contingent on making technical changes to the town’s zoning bylaw. As such, some information will be repeated from that letter. The Executive Office of Housing and Livable Communities (EOHLC) received a district compliance application from the Town of Lexington submitted electronically on June 26, 2023. The application requested that EOHLC grant a determination of compliance for the Town of Lexington’s three zoning overlay districts, namely the “Village Overlay” (VO), “Multi-Family Overlay” (MFO), and “Village High-Rise Overlay” (VHO) districts, which are together considered the district put forward for compliance (District), based on the criteria set forth in the Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act (Guidelines). In January, EOHLC received additional material from the Town related to the Economic Feasibility Analysis (EFA). At the Annual Town Meeting that began on March 18, 2024, Lexington’s Inclusionary Zoning bylaw was amended to increase the number of units that trigger requirements for affordable units from 8 units to 14 units. On May 13, 2024, the Town submitted the revised zoning to EOHLC. The EOHLC MBTA Communities staff have had the opportunity to meet with Town planning and development officials. We appreciate the collaborative nature of these recent meetings in which Town staff confirmed that the dimensional zoning relief provided in ection 7.5.5 (2) to lots with Q “existing” buildings, applies to any lot on which a building exists at the time of a project’s application. On May 14, 2024, Planning Director Abigail McCabe sent an email to EOHLC confirming that the lot area of lots without existing buildings may be combined with adjacent lots with existing buildings, and the newly combined lot shall be considered a lot with an existing building, eligible for the dimensional zoning relief. After careful review and analysis, EOHLC determined that Lexington is with Section 3A, dpnqmjbou as it finds that Lexington meets, or exceeds, the requirements of Section 3A and the Guidelines. This letter EOHLC’s determination that the Economic Feasibility Analysis (EFA) supports bmtp!dpogjsnt feasibility of Lexington’s inclusionary zoning bylaw, as amended. Lexington is designated as an adjacent community with 12,310 existing housing units per the 2020 United States Decennial Census. The Town is required to have a district with a minimum land area of 50 acres, and a minimum multi-family unit capacity of 1,231 units. At least half of the district must be comprised of contiguous lots of land. EOHLC conducted a thorough review of the application, and made the following determinations: 1.The District comprises . 339/3!bdsft 2.As of right multi-family unit capacity for the District is estimated at 23-657!vojut/ 3.The gross density of the District is estimated at . 68/:!exfmmjoh!vojut!qfs!bdsf 4.The District meets the contiguity requirement because at least half of gjguz!)61&*!qfsdfou one area (Bedford/Worthen Street), that meets minimum land area, minimum multi-family unit capacity, and gross density, comprises contiguous lots of land. 5.The multi-family housing allowed as of right in the District is suitable for families with children pursuant to Section 3A and Section 7 of the Guidelines. 6.There are no dimensional zoning requirements not captured by the compliance model that 1 are likely to substantially affect the District’s estimated multi-family unit capacity. 7.Taken as a whole, the District meets the land area, multi-family unit capacity, gross density, and contiguity requirements of Section 3A and the Guidelines. 8.EOHLC reviewed the Economic Feasibility Analysis submitted by the Town in connection with Section 4b(ii) of the Guidelines and reviewed the revised zoning bylaw and determined that the analysis demonstrates feasibility for a reasonable variety of multi-family housing types requiring fifteen percent of units to be set aside as affordable. 9.The town’s Planning Director sent an email on May 14, 2024, regarding the Town’s interpretation of its zoning bylaw languageconfirmed that the lot area of lots without ufgaf existing buildings may be combined with adjacent lots with existing buildings, and the newly combined lot shall be considered a lot with an existing building, eligible for the dimensional zoning relief. After reviewing the written statement about the way the town will interpret section 7.5.5 (2) of its Zoning By-Law, EOHLC determined that the zoning bylaw language in Section 7.5.5(2) will be interpreted in a manner that will allow for development of multi- family housing by right. A copy of that email is attached.  / Mrfcprf_lacpr_glbgkclqgml_jpcjgcdrf_rgqjgkgrcbrmjmrqugrfcvgqrgle`sgjbgleq*_lbdsprfcpbcqapg`cbglrfcdgpqrbgqrpgar amknjg_lacamlbgrgml`cjmu, 0 The following table shows the District minimums, the estimates in the District sfrvjsfetvcnjuufe application, and estimates as by EOHLC following its review: efufsnjofe ! ! Sfrvjsfe!Tvcnjuufe!Efufsnjofe! Land area (acres) 50 253.25 228.20 Multi-family unit capacity 1,231 13,421 12,546 (units) Gross density (units per 15.00 55.54 57.92 acre) One 50% contiguous area Yes Yes Yes ! EOHLC determinations differ from the application estimates for the following reason: The portion of the District entitled “Lexington Center” does not allow multi-family housing as ™ of right. Section 7.5.4(3) of Lexington’s zoning bylaw requires non-residential uses on the ground floor of developments where the underlying zoning district is the Central Business (CB) district. The underlying zoning in the “Lexington Center” portion of the District is the CB district. Therefore, EOHLC removed the acreage (25.05), and unit capacity (875) of the Lexington Center portion from compliance calculations. EOHLC noted that could affect as of right multi-family housing development in beejujpobm!gbdupst the District: 1.Multi-family housing developed in the District is subject to site plan review pursuant to Section 9.5 of Lexington’s zoning bylaw and Planning Board regulations. The criteria and procedures set forth in the site plan review appear consistent with the requirements of Section 4.a. of the Guidelines. 2.The District is affected by multiple local historic districts and historic resources, including the Fair Oaks, Lexington Central Business, Concord Road Area, and East Village districts. 3.The District is minimally affected by the National Flood Insurance (NFI) overlay District. Since the overlap of the NFI overlay district and the District is minimal, and the District meets approval criteria without including the capacity of the affected parcels, EOHLC did not review the flood zone permitting process to determine whether it is consistent with the as of right zoning requirements of Section 3A. Please note that continued district compliance is subject to the following requirements: 1.Permitting decisions made in connection with 1-3 above must not beejujpobm!gbdupst effectively reduce the estimated as of right multi-family unit capacity of the District. If permitting decisions do reduce the estimated multi-family unit capacity of the District, EOHLC may revisit Lexington’s compliance with Section 3A, and could require the Town to remedy any deficiency with amendments to its zoning. 1 2.2.Lexingtonmust notify EOHLC in writing of any proposed zoning amendment that affect the 3A Districts, or of any other by-law, ordinance, rule, regulation, policy, or municipal action that limits the development of multi-family housing in the District. Such notification must be sent to the following email address: EOHLC3A@mass.gov . 3.3.EOHLC may establish a system to monitor compliance over time to ensure that approved districts allow multi-family housing in accordance with the criteria under which they were approved. 4.4.EOHLC may rescind a determination of district compliance or require changes to the District to remain in compliance ifinformation submitted in the application was inaccurate, if the Town failed to notify EOHLC of a zoning amendment that affects the District, if the Town takes other actionthat causes the District to no longer comply with Section 3A, or if the Town’s transit category changes because ofnewMBTA service or stations. Section 10 of the Guidelinesdescribes recissions in further detail. If you have questions or need further assistance regarding this determination, please contact MBTA Communities Compliance Coordinator Nathan Carlucci, at nathan.carlucci@mass.gov Sincerely, Edward M. Augustus, Jr. Secretary enc. Email from Abigail McCabe, May 15, 2024 cc:Senator Cindy F. Friedman Senator Michael Barrett Representative Michelle L. Ciccolo 2 ;374368055>66EQPi|mrkxsr+wQFXE~srmrkpiehwxsqypxmjeqmp}tvstswepw1FswxsrFywmriwwNsyvrep HQTVJG"GZGZENWUKXG"WUG"QH LBALDRIDGE@ANDERSONKREIGER.COM FromtheBostonBusinessJournal: https://www.bizjournals.com/boston/news/2024/07/29/lexingtons-mbta- zoning-spurs-real-world-action-fr.html SUBSCRIBERCONTENT: DTGCMKPI Hqwt{gctuchvgtenqukpi.dgnqxgfCnnuvqpowukexgpwgkueqokpidcem Signupforbreakingnewsalerts TgukfgpvkcnTgcnGuvcvg NgzkpivqpgodtcegfODVC"|qpkpi0Vjgjqwukpi rtrtqrqrqucnuctgtqnnkpikp0 lxxtw>33{{{2fm~nsyvrepw2gsq3fswxsr3ri{w3646834;36=3pi|mrkxsrw1qfxe1~srmrk1wtyvw1viep1{svph1egxmsr1jv2lxqp53: ;3743680$55>66$EQPi|mrkxsr+w$QFXE$~srmrk$piehw$xs$qypxmjeqmp}$tvstswepw$1$Fswxsr$Fywmriww$Nsyvrep The"town"of"Lexington"has"received"proposals"for"nearly"300"apartments"and"condos"in"recent"months"under"the"MBTA Communities"Law."Pictured"here"is"the"Lexington"Battle"Green. GARY"HIGGINS"/"BOSTON"BUSINESS"JOURNAL By"Greg"Ryan"‘"Senior"Reporter,"Boston"Business"Journal Jul"29,"2024 >PZ\[LU\[V\[OPZHY\[PJSL 0TPU DVTL\[V^UZHYLgNO\[PUN\[OLTHUKH\[LPU\[OLZ\[H\[L?5E46VTT\\UP\[PLZSH^\[VaVULMVY TVYLT\\S\[PMHTPS`OV\\ZPUN(@V\[>L_PUN\[VU(EOL\[V^UHKVW\[LK\[OLUL^aVUPUNWVSPJ`PU \[OLZWYPUNVM+)+,&TVYL\[OHUH`LHYHUKHOHSMILMVYLP\[ZKLHKSPUL(;\[^LU\[IL`VUK\[OL *&+,*'\\UP\[JHWHJP\[`L_WLJ\[LKVM\[OL\[V^U\\UKLY\[OLSH^(>L_PUN\[VU^HZVULVM\[OLgYZ\[ \[^VWSHJLZ\[V^PUZ\[H\[LHWWYV\]HSMVYP\[ZWSHU( 4SSVM\[OH\[LhVY\[PZZ\[HY\[PUN\[VNL\[YLZ\\S\[Z( DPUJL4WYPS&>L_PUN\[VUOHZYLJLP\]LKMV\\YWYVWVZHSZMVYHWHY\[TLU\[HUKJVUKVI\\PSKPUNZPU ?5E4aVULZ&MVYH\[V\[HSVM+1.UL^\\UP\[Z(4UV\[OLYPZL_WLJ\[LKHZZVVUHZ\[OPZ^LLR& lxxtw>33{{{2fm~nsyvrepw2gsq3fswxsr3ri{w3646834;36=3pi|mrkxsrw1qfxe1~srmrk1wtyvw1viep1{svph1egxmsr1jv2lxqp63: ;3743680$55>66$EQPi|mrkxsr+w$QFXE$~srmrk$piehw$xs$qypxmjeqmp}$tvstswepw$1$Fswxsr$Fywmriww$Nsyvrep >L_PUN\[VUBSHUUPUN7PYLJ\[VY4II`?J6HILZHPK&HUK\[OL\[V^UPZPU\[HSRZ^P\[OYLHSLZ\[H\[L KL\]LSVWLYZ\[OH\[JV\\SKYLZ\\S\[PUZ\[PSSTVYLHWWSPJH\[PVUZ\[OPZMHSS( 7L\]LSVWLYZHUKOV\\ZPUNHK\]VJH\[LZHYLOLHY\[LULKI`\[OLHJ\[P\]P\[`&OHWW`\[VZLL\[OL HIZ\[YHJ\[HUHS`ZLZHUK\[V^U'TLL\[PUNKLIH\[LZ\[HRPUNWSHJLZ\[H\[L^PKLSLHK\[VYLHSWSHUZ \[VI\\PSKOV\\ZPUN(EOLZ\[H\[LdZ8_LJ\\\[P\]LAiJLVM:V\\ZPUNHUK>P\]HISL6VTT\\UP\[PLZ LZ\[PTH\[LZ\[OH\[HIV\\\[*&)))\\UP\[ZOH\]LILLUWYVWVZLKPU?5E4aVULZHJYVZZ\[OLZ\[H\[L ZVMHY( >L_PUN\[VUViJPHSZePUJS\\KLKZP\[LZSPRL\[OPZ\[OH\[^V\\SKHJ\[\\HSS`ILKL\]LSVWLK&fZHPK5LU 9PUULNHU&^OVZL>L_PUN\[VU'IHZLKgYTPZW\\YZ\\PUNH,+'\\UP\[S\\_\\Y`JVUKVJVTWSL_H\[12 5LKMVYKD\[(eEOL`dYLUV\[VUS`\[HSRPUN\[OL\[HSR&\[OL`dYL^HSRPUN\[OL^HSR(f EOLWYVWVZHSZHYL\[LZ\[JHZLZMVYOV^T\\JOLHZPLYP\[^PSSILPUWYHJ\[PJL\[VNL\[T\\S\[PMHTPS` HWWYV\]LK\\UKLY\[OLSH^bHUK&PUHKPiJ\\S\[IVYYV^PUNLU\]PYVUTLU\[&OV^SVUNP\[^PSS \[HRLKL\]LSVWLYZ\[VSHUKHJVUZ\[Y\\J\[PVUSVHUHUKNL\[ZOV\]LSZPU\[OLNYV\\UK( ;U>L_PUN\[VU&\[OLWYVQLJ\[ZYHUNLMYVTFVSUH`6HWP\[HSdZUPUL'\\UP\[I\\PSKPUNH\[+,*5LKMVYK D\[(\[VH+))'\\UP\[HWHY\[TLU\[JVTWSL_H\[,,*6VUJVYK4\]L(ZWVUZVYLKI`5VZ\[VU'IHZLK 6HIV\[6HIV\[#9VYILZ&VULVM\[OLYLNPVUdZI\\ZPLZ\[T\\S\[PMHTPS`KL\]LSVWLYZ( EOYLLVM\[OLMV\\YWYVWVZHSZ&PUJS\\KPUN6HIV\[dZ&HYLPUaVULZ\[OH\[OHKILLUYLZLY\]LKMVY ZPUNSL'MHTPS`OVTLZWYPVY\[V\[OL?5E46VTT\\UP\[PLZJOHUNLZ( lxxtw>33{{{2fm~nsyvrepw2gsq3fswxsr3ri{w3646834;36=3pi|mrkxsrw1qfxe1~srmrk1wtyvw1viep1{svph1egxmsr1jv2lxqp73: ;3743680$55>66$EQPi|mrkxsr+w$QFXE$~srmrk$piehw$xs$qypxmjeqmp}$tvstswepw$1$Fswxsr$Fywmriww$Nsyvrep A"rendering"of"Cabot"Cabot"&"Forbes'"proposed"200-unit"apartment"complex"in"Lexington. 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The focus primarily detailing The Outdoor Channel – Filming of 5-Aug-2400the facts of that day, with specific details on the arms and accoutrements used by the TV Segment minutemen and the British regulars. No arms will be present for filming. Filming with 4 participants from 8am-10am in front of the John Parker Statue. No road closures needed. Approve Entertainment License & One-Day Liquor License - Gyro 5-Aug-2400 Fest at St Nicholas Greek Orthodox Church Approve: One-Day Liquor License - Wednesday, September 11, 2024 6:30pm to Spectacle Management, Inc., 1605 5-Aug-2400 10:30pm @ Cary Hall Massachusetts Avenue Approve Battle Green Use Request - Lexington Minute Men - 18th 5-Aug-2400 Century Military Drill Approve (Special Event) Entertainment License - Friends of September 15th, they have a special event Lexington Bikeway permit from TMO, now they are seeking an 5-Aug-2400entertainment license for Music to be played at multiple locations: Bow St. Park, Tower - Entertainment at Bikeway Block Park, Emery Park, and Visitors Center Party Arts, Culture and Music Community Festival Approve Entertainment License & Tour de Cure: Non-competitive Charity One-Day Liquor License - American 5-Aug-2400Bicycle Ride - Sunday, August 18, 2024 from 7am-4pm Diabetes Association Present Plan of Action and Timeline for Amending the Mark, Hemali, Dana, Christina, Stephanie Lexington Human Rights 5-Aug-24101present the plan of action and timeline for updating the LHRC charge Committee Charge and Community Conversation Plan Approve Transportation Safety Group (TSG) Requests Stop sign request on Sunny Knoll at Reed - Stop sign on Sunny Knoll at Reed 5-Aug-24102 Street and parking prohibitions on Lois Lane. Street - Parking Prohibitions on Lois Lane Dana will present contract terms and William James Interface Contract discussion of whether to continue the 5-Aug-24153 Discussioncontract with William and James with the Board This request is to include some of the center stores in the $100k approproval. Original approval: 1) Store back/ Storefront improvement Program: This is a recommendation that we are considering under the Local Rapid Recovery Technical Assitance program for East Lexington. Under this program, the retail stores would receive ARPA request- Storeback assistance for a limited time. This would be /Storefront improvement plan 5-Aug-24104 zero-cost assistance for the store owners. update The stores will have to work with an architect who is well versed with Lexington’s signage and zoning bylaw to develop signage which would make it a quick permitting and approval process. Please refer to Arlington’s Storefront improvement plan that they worked with local bank assistance for funding. Review Request from Lexington Sandhy submitted request to Jim Malloy on Retailers Association to Place behalf of Retailers Association to put signage Signage on Minuteman Bikeway on 5-Aug-24105on Bikeway during 9/15/2024 Bikeway Block Party event to promote lvisiting ocal September 15, 2024 during businesses during event Bikeway Block Party Event Liquor License Amendment - Knights of Columbus 177 Bedford 5-Aug-24106 Street - Extension of premise to inlcude Outdoor Patio There are two unexpected issues that are of an emergency nature at the golf course related to the wells and pump station that need to be repaired. There are sufficient funds available in the Recreation Enterprise Discussion of Potential Reserve Fund, but these needs to be appropriated at Fund Transfer Request for Golf 5-Aug-24107 a Town Meeting. The Town Manager has Course Repairs advised the Recreation Director to seek a Reserve Fund Transfer to address the immediate issue with a proposal to replentish the Reserve Fund out of the Recreation Enterprise Fund at the Fall Town Meeting. This is a follow up discussion based on the Follow Up Discussion on the 5-Aug-24158Select Board's comments at the 7/8/24 Plastic Bottle Phase Out Policy meeting. Remote Participation to discuss whether a Summit - Select Board, AC, CEC, 15-Aug-24601pool and new fieldhouse should be included SB, SBC, Recreation in the LHS Project Preliminary discussion re: town Manager Placeholder - Executive Session 19-Aug-24301 contract PLACEHOLDER - Town Manager 28-Aug-241801holding 9am - 7pm Finalist Interviews PLACEHOLDER - Discussion of To discuss potential locations which may East Lexington Fire Station 9-Sep-2430-1require real estate acquisition under Exemption 6. Options Mike Cronin has been working with the architect, contractors and Sustainable Lexington on the overall cost and plan for the Update on the Solar Canopy 9-Sep-24151solar canopies with the goal of bringing the Project at the Police Station cost within the appropriation approved by Town Meeting. This is an update to the Select Board on the status of the project. PLACEHOLDER - Discuss Reporting Structure for Planning of 9-Sep-241026/20 request from S. Barry Lex250 Events - Town Celebration Committee Discussion on vehicle use of Fletcher park and vision for future uses. Food trucks, Fletcher Park Discussion 9-Sep-24153farmers market vendors, etc driving on Fletcher park when back online. Work session topic. Approve Conduct and Decorum for 9-Sep-2454 Public Meetings Policy Affordable Housing Trust RFP 9-Sep-245 Review Review and Approve Draft Select Board Report for FY24 Annual 9-Sep-24106 Town Report Town Meeting Article Submition 9-Sep-24157 Timeline Policy SELECT BOARD OFFICE Whereas: September is known globally as Suicide Prevention Month and throughout the month mental health advocates, prevention organizations, survivors, allies, and community members unite to promote suicide prevention awareness; and Whereas: National Suicide Prevention Week is held the Monday through Sunday surrounding World Suicide Prevention Day which is observed on September 10 and overall, these observances are intended to promote awareness, and highlight resources available in our communities and share stories; and Whereas: the simple goals are to learn how to help those around us and how to talk about suicide without increasing the risk of harm; and Whereas: suicidecan affect anyone regardless of age, ability, gender, race, sexual orientation, income level, religion or th background; and it is overall the 10leading cause of death in the United States and the second leading cause of death for people ages 10-34; and Whereas: people in the United States die by suicide at a rate of about one death every 11 minutes resulting in more than 49,000 deaths by suicide each year; and Whereas: suicide is preventable and we all have a role to play in order to save lives and create healthy and strong individuals, families, and communities; and Whereas: many factors can increase the risk for suicide. For example, people who have experienced violence, including child abuse, bullying, and/or sexual violence, are at a higher risk of suicide. Youth who are lesbian, gay, or bisexual also have higher rates of suicidal ideation and behavior compared to their peers who identify as straight; and Whereas: we encourage all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors during this month and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby proclaim the month of September to be annually recognized as Suicide Prevention Month in the Town of Lexington as we work together to save lives in our community. th IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 5 of August 2024. DOUGLAS M. LUCENTE, CHAIR SUZANNE E. BARRY JOSEPH N. PATO JILL I. HAI, VICE CHAIR MARK D. SANDEEN SELECT BOARD MEETING July 22, 2024 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 22, 2024, via a A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 22, 2024, via a hybrid meeting platform.hybrid meeting platform.Mr. Lucente, Chair; Mr. Pato, Ms. Hai, and Mr. Sandeen, were present, as well Mr. Lucente, Chair; Mr. Pato, Ms. Hai, and Mr. Sandeen, were present, as well as Ms. Axtell, Deputy Town Manager;as Ms. Axtell, Deputy Town Manager;and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Select Board Member Concerns and Liaison Reports Mr. Sandeen explained that the Hanscom Area Towns Committee sent a letter to the legislative delegation Mr. Sandeen explained that the Hanscom Area Towns Committee sent a letter to the legislative delegation Mr. Sandeen explained that the Hanscom Area Towns Committee sent a letter to the legislative delegation asking that the House make an amendment to the Climate Bill to include a change to Mass Port Charter, asking that the House make an amendment to the Climate Bill to include a change to Mass Port Charter, asking that the House make an amendment to the Climate Bill to include a change to Mass Port Charter, so that they would be required to consider environmental justice as well as greenhouse gas emissions. The so that they would be required to consider environmental justice as well as greenhouse gas emissions. The so that they would be required to consider environmental justice as well as greenhouse gas emissions. The Charter, which was set in 1956, only allows them to consider economic development currently. The Charter, which was set in 1956, only allows them to consider economic development currently. The Charter, which was set in 1956, only allows them to consider economic development currently. The amendment passed both the Senate and the House. Thus, if a Climate bill reaches the Governor's desk, the amendment passed both the Senate and the House. Thus, if a Climate bill reaches the Governor's desk, the amendment passed both the Senate and the House. Thus, if a Climate bill reaches the Governor's desk, the Mass Port Charter will be changed. Ms. Hai stated that there were 11 candidates for the Town Manager search who were considered to meet Ms. Hai stated that there were 11 candidates for the Town Manager search who were considered to meet Ms. Hai stated that there were 11 candidates for the Town Manager search who were considered to meet all of the qualifications. These candidates were sent a set of essay questions for response, as well as a all of the qualifications. These candidates were sent a set of essay questions for response, as well as a all of the qualifications. These candidates were sent a set of essay questions for response, as well as a request to submit written work. Those responses were due back July 22, 2024. Committee members will request to submit written work. Those responses were due back July 22, 2024. Committee members will request to submit written work. Those responses were due back July 22, 2024. Committee members will be receiving that information within the next week or so for review and discussion. be receiving that information within the next week or so for review and discussion. be receiving that information within the next week or so for review and discussion. be receiving that information within the next week or so for review and discussion. Mr. Sandeen noted that the Affordable Housing Trust is having a pre-bid conference tomorrow for the Mr. Sandeen noted that the Affordable Housing Trust is having a pre-bid conference tomorrow for the Mr. Sandeen noted that the Affordable Housing Trust is having a pre-bid conference tomorrow for the Request for Proposal. TOWN MANAGER REPORT TOWN MANAGER REPORT TOWN MANAGER REPORT 1. Town Manager Weekly Update Town Manager Weekly Update Town Manager Weekly Update Ms. Axtell stated that paving operations on the Minuteman Bikeway begin tomorrow and will occur in Ms. Axtell stated that paving operations on the Minuteman Bikeway begin tomorrow and will occur in Ms. Axtell stated that paving operations on the Minuteman Bikeway begin tomorrow and will occur in two phases. Sandhya Iyer, Economic Development Director, introduced Jay Abdella, the Town’s new Senior Sandhya Iyer, Economic Development Director, introduced Jay Abdella, the Town’s new Senior Economic Development Coordinator. The Board welcomed Mr. Abdella to the Town. Economic Development Coordinator. The Board welcomed Mr. Abdella to the Town. DOCUMENTS : Weekly Update 7-12-24; 7-19-24 : Weekly Update 7-12-24; 7-19-24 CONSENT AGENDA Mr. Pato recused himself from Agenda Item #1 and it was taken up separately. 1. Appointment of Election Officers 2024-2025 To approve the list of election officers for the period of September 1, 2024 through August 31, 2025 as recommended by the Town Clerk and Board of Registrars as presented in the memo dated July 1, 2024. DOCUMENTS: Election Worker Appt Request Letter, Election Worker List VOTE : Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the Consent Agenda Item #1. Agenda Item #1. 2. Approve Water and Sewer Adjustments Water & Sewer Adjustments $ 48,889.68 To approve the Water & Sewer adjustments as recommended by the Water Sewer Abatement Board's June 13, 2024 meeting in the amount of $48,889.68. DOCUMENTS: Adj for 7-22-24 SB 3. Town Manager Appointment Council on Aging - Bonnie Jean Teitleman-Levin Council on Aging - Bonnie Jean Teitleman-Levin Council on Aging - Bonnie Jean Teitleman-Levin Council on Aging - Bonnie Jean Teitleman-Levin To confirm the Town Manager's appointment of Bonnie Jean Teitleman-Levin to the Council on Aging To confirm the Town Manager's appointment of Bonnie Jean Teitleman-Levin to the Council on Aging To confirm the Town Manager's appointment of Bonnie Jean Teitleman-Levin to the Council on Aging with a term set to expire May 31, 2026. DOCUMENTS: Application, Resume 4. Approve Select Board Committee Resignation Approve Select Board Committee Resignation Vision for Lexington - Kathleen Lenihan Vision for Lexington - Kathleen Lenihan Vision for Lexington - Kathleen Lenihan To accept the resignation of Kathleen Lenihan from the Vision for Lexington Committee effective To accept the resignation of Kathleen Lenihan from the Vision for Lexington Committee effective To accept the resignation of Kathleen Lenihan from the Vision for Lexington Committee effective To accept the resignation of Kathleen Lenihan from the Vision for Lexington Committee effective immediately. DOCUMENTS: 2024 Resignation - Vision for Lexington Committee From K. Lenihan_Redacted 2024 Resignation - Vision for Lexington Committee From K. Lenihan_Redacted 2024 Resignation - Vision for Lexington Committee From K. Lenihan_Redacted 5. Approve Select Board Committee Appointments Approve Select Board Committee Appointments Approve Select Board Committee Appointments Approve Select Board Committee Appointments Board of Appeals Associates - Thomas Shiple Board of Appeals Associates - Thomas Shiple Board of Appeals Associates - Thomas Shiple Board of Appeals Associates - Thomas Shiple Lexington Bicycle Advisory - Jonathan Schwarz Lexington Bicycle Advisory - Jonathan Schwarz Lexington Bicycle Advisory - Jonathan Schwarz Lexington Bicycle Advisory - Jonathan Schwarz Semiquincentennial Commission - Melanie Lin Semiquincentennial Commission - Melanie Lin Semiquincentennial Commission - Melanie Lin Tourism Committee - Ting Fang Tourism Committee - Ting Fang Tourism Committee - Ting Fang Town Celebrations Subcommittee - James Jackson Lee Town Celebrations Subcommittee - James Jackson Lee Town Celebrations Subcommittee - James Jackson Lee Transportation Advisory Committee - James Luker Transportation Advisory Committee - James Luker Transportation Advisory Committee - James Luker Vision for Lexington - Larry Freeman Vision for Lexington - Larry Freeman Board of Appeals Associates Board of Appeals Associates To appoint Thomas Shiple to the Board of Appeals Associates Committee to the unexpired term ending To appoint Thomas Shiple to the Board of Appeals Associates Committee to the unexpired term ending September 30, 2024, to be effective immediately. September 30, 2024, to be effective immediately. Lexington Bicycle Advisory To appoint Jonathan Schwarz to the Bicycle Advisory Committee to the unexpired term ending September 30, 2026, to be effective immediately. Semiquincentennial Commission To appoint Melanie Lin to the Semiquincentennial Commission to the unexpired term ending December 31, 2026, to be effective immediately. Tourism Committee To appoint Ting Fang to the Tourism Committee to the unexpired term ending September 30, 2024, to be effective immediately. Town Celebrations Subcommittee To appoint James Jackson Lee to the Town Celebrations Subcommittee to the unexpired term ending June 30, 2025, to be effective immediately. Transportation Advisory Committee To appoint James Luker to the Transportation Advisory Committee to the unexpired term ending September 30, 2025, to be effective immediately. Vision for Lexington Committee To appoint Larry Freeman to the Vision for Lexington Committee to the unexpired term ending To appoint Larry Freeman to the Vision for Lexington Committee to the unexpired term ending September 30, 2024 to be effective immediately. 6. Approve One-Day Liquor Licenses - T.P. Bronx LLC d/b/a Galaray House: 'First Friday' Monthly Approve One-Day Liquor Licenses - T.P. Bronx LLC d/b/a Galaray House: 'First Friday' Monthly Approve One-Day Liquor Licenses - T.P. Bronx LLC d/b/a Galaray House: 'First Friday' Monthly Art Shows - August 2nd, September 6th, & October 4th, 2024. Art Shows - August 2nd, September 6th, & October 4th, 2024. To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve wine and beer from 6:00pm to 8:00pm on Friday, August 2, 2024, September 6, 2024 and October 4, wine and beer from 6:00pm to 8:00pm on Friday, August 2, 2024, September 6, 2024 and October 4, wine and beer from 6:00pm to 8:00pm on Friday, August 2, 2024, September 6, 2024 and October 4, wine and beer from 6:00pm to 8:00pm on Friday, August 2, 2024, September 6, 2024 and October 4, 2024 at their 'First Fridays' Event showcasing art from local residents. 2024 at their 'First Fridays' Event showcasing art from local residents. 2024 at their 'First Fridays' Event showcasing art from local residents. 7. Approve One-Day Liquor License – Wilson Farm, Inc.: Approve One-Day Liquor License – Wilson Farm, Inc.: Dinner in the Field: July 25, 2024 at 10 Dinner in the Field: July 25, 2024 at 10 Dinner in the Field: July 25, 2024 at 10 Pleasant Street. Pleasant Street. To approve a One-Day Liquor License for Wilson Farm to serve beer and wine for the purpose of their To approve a One-Day Liquor License for Wilson Farm to serve beer and wine for the purpose of their To approve a One-Day Liquor License for Wilson Farm to serve beer and wine for the purpose of their To approve a One-Day Liquor License for Wilson Farm to serve beer and wine for the purpose of their ‘Dinner in the Fields’ event to be held at Wilson Farm, 10 Pleasant Street, outside of farm greenhouse #7, ‘Dinner in the Fields’ event to be held at Wilson Farm, 10 Pleasant Street, outside of farm greenhouse #7, ‘Dinner in the Fields’ event to be held at Wilson Farm, 10 Pleasant Street, outside of farm greenhouse #7, on Thursday, July 25, 2024 from 5:30pm to 9:30pm. on Thursday, July 25, 2024 from 5:30pm to 9:30pm. on Thursday, July 25, 2024 from 5:30pm to 9:30pm. DOCUMENTS: DOCUMENTS: DiagramofEvent DiagramofEvent DiagramofEvent 8. Approve Entertainment License – Friends of Lexington High School Wrestling Corp: LexGiving Approve Entertainment License – Friends of Lexington High School Wrestling Corp: LexGiving Approve Entertainment License – Friends of Lexington High School Wrestling Corp: LexGiving 5k Race: November 29, 2024 at Lincoln Field. 5k Race: November 29, 2024 at Lincoln Field. 5k Race: November 29, 2024 at Lincoln Field. To approve an Entertainment License for The Friends of Lexington High School Wrestling Corp to host a To approve an Entertainment License for The Friends of Lexington High School Wrestling Corp to host a To approve an Entertainment License for The Friends of Lexington High School Wrestling Corp to host a LexGiving 5k race for charity on Friday, November 29, 2024 from 6:00am- 1:00pm with a live DJ in LexGiving 5k race for charity on Friday, November 29, 2024 from 6:00am- 1:00pm with a live DJ in Lincoln Field, 52 Lincoln Street. Lincoln Field, 52 Lincoln Street. DOCUMENTS: DiagramofEvent DiagramofEvent 9. Approve Select Board Meeting Minutes To approve and release the following minutes: June 24, 2024 Select Board July 8, 2024 Select Board Retreat July 8, 2024 Select Board Meeting DOCUMENTS: DRAFT 06242024 Select Board minutes, DRAFT 070824 Select Board retreat minutes, DRAFT 07082024 Select Board minutes VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda Items #2-9. Agenda Items #2-9. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Vote and Sign September 2024 Primary Election Warrant Mr. Lucente explained that the Board is being requested to approve the September 3, 2024, Primary Election Warrant, as provided by the Town Clerk. The Town Clerk has provided the schedule for the early voting hours being held in the Cary Memorial Building for the September 2024 Primary Election as established and approved by the Registrar of Voters. Ms. Hai noted that the Board received a lot of feedback last year from the residents of Precinct 7 that it Ms. Hai noted that the Board received a lot of feedback last year from the residents of Precinct 7 that it was inconvenient to be on the opposite side of Town. She asked if there was a different option. Ms. de was inconvenient to be on the opposite side of Town. She asked if there was a different option. Ms. de Alderete, Town Clerk, stated that she will look into alternate location options. Alderete, Town Clerk, stated that she will look into alternate location options. Alderete, Town Clerk, stated that she will look into alternate location options. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the September 3, 2024, State Primary Election Warrant. September 3, 2024, State Primary Election Warrant. DOCUMENTS: Warrant for 2024-09-03-SP election, Early Voting Hours Warrant for 2024-09-03-SP election, Early Voting Hours 2. Accept Fairland Pump Station Easement Accept Fairland Pump Station Easement Marissa Liggiero, Engineering Assistant, provided an overview of the Fairland Pump Station Easement. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the easement : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the easement : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the easement : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the easement agreement and authorize the Select Board to execute the agreement. agreement and authorize the Select Board to execute the agreement. agreement and authorize the Select Board to execute the agreement. DOCUMENTS: Pump Station Easement Agreement Pump Station Easement Agreement Pump Station Easement Agreement 3. Comcast of Massachusetts III, Inc Cable Television License Renewal Comcast of Massachusetts III, Inc Cable Television License Renewal Comcast of Massachusetts III, Inc Cable Television License Renewal Comcast of Massachusetts III, Inc Cable Television License Renewal License Renewal Hearing License Renewal Hearing License Renewal Hearing Approve Comcast Renewal Contract Approve Comcast Renewal Contract Approve Comcast Renewal Contract Mr. Lucente opened the hearing at 6:49pm. Mr. Lucente opened the hearing at 6:49pm. Mr. Lucente opened the hearing at 6:49pm. Ken Pogran, Communications Advisory Committee Chair, explained that this hearing is to receive any Ken Pogran, Communications Advisory Committee Chair, explained that this hearing is to receive any public comment regarding the Comcast of Massachusetts III, Inc., Cable Television License Renewal. He public comment regarding the Comcast of Massachusetts III, Inc., Cable Television License Renewal. He explained that Comcast is one of three cable television providers in Lexington. Comcast is currently explained that Comcast is one of three cable television providers in Lexington. Comcast is currently operating under a ten-year renewal license that was granted in 2014 and expires at the end of August of operating under a ten-year renewal license that was granted in 2014 and expires at the end of August of this year. The license renewal process is subject to a number of federal and State laws and regulations. this year. The license renewal process is subject to a number of federal and State laws and regulations. Among those, the Select Board is the issuing authority for cable television licenses in the Town of Lexington. Pursuant to direction from the Select Board, the Communications Advisory Committee (CAC) has been conducting the license renewal process on behalf of the Town. The license renewal process has several phases and extends over a three-year period. At its meeting in June, the CAC voted to recommend that the Select Board approve and execute the Comcast renewal license. The license is for a ten-year term, which is the maximum term for a cable television renewal license, and there is no provision for the licensee to terminate the license early. Comcast will continue to provide the maximum allowed by law, a 5% franchise fee, which equates to 5% of their cable television revenues. These funds are used to help support Lex Media. Mr. Pogran explained that PEG Capital Grant is a new provision, which was authorized by the SEC several years ago. Under this, Comcast will provide the Town with $20,000 per year, specifically dedicated to the capital needs of Lex Media. This is over and above the limitation of the 5% franchise fee. The other important provision deals with upgrading the PEG access channels that Lex Media uses. Comcast offered two options for upgrading the PEG access channels which were both included on the license for the Town to choose from within the next three years.The other negative is that Comcast may charge the Town up to $30,000 for costs associated with doing these upgrades. There was no public comment at this time. Mr. Lucente closed the public hearing at 6:58pm. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign the proposed non-exclusive Cable Television Renewal License for Comcast of Massachusetts III, Inc., for a proposed non-exclusive Cable Television Renewal License for Comcast of Massachusetts III, Inc., for a 10-year term for the period of September 1, 2024 through August 31, 2034 as presented. 10-year term for the period of September 1, 2024 through August 31, 2034 as presented. 10-year term for the period of September 1, 2024 through August 31, 2034 as presented. DOCUMENTS: Presentation, Comcast Cable Television Renewal License 2024, Comcast Senior Presentation, Comcast Cable Television Renewal License 2024, Comcast Senior Presentation, Comcast Cable Television Renewal License 2024, Comcast Senior Discount Letter 2024 4. Review & Approve Theater Licenses Hastings Cinema Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 Hastings Cinema Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 Hastings Cinema Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 Hastings Cinema Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 theaters) Mr. Lucente explained that Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Mr. Lucente explained that Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Mr. Lucente explained that Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, has submitted an application, and all necessary documents, to obtain two Theater Licenses for Avenue, has submitted an application, and all necessary documents, to obtain two Theater Licenses for Avenue, has submitted an application, and all necessary documents, to obtain two Theater Licenses for Avenue, has submitted an application, and all necessary documents, to obtain two Theater Licenses for the purpose of showing movies in Cinemas 1 and 2. The current licenses expire on September 1, 2024. the purpose of showing movies in Cinemas 1 and 2. The current licenses expire on September 1, 2024. the purpose of showing movies in Cinemas 1 and 2. The current licenses expire on September 1, 2024. the purpose of showing movies in Cinemas 1 and 2. The current licenses expire on September 1, 2024. The Fire Safety Inspection was completed and passed on July 5, 2024. A Certificate of Inspection was The Fire Safety Inspection was completed and passed on July 5, 2024. A Certificate of Inspection was The Fire Safety Inspection was completed and passed on July 5, 2024. A Certificate of Inspection was issued on July 5, 2024, by the Building Inspector. The Zoning Administrator did not have any concerns. issued on July 5, 2024, by the Building Inspector. The Zoning Administrator did not have any concerns. issued on July 5, 2024, by the Building Inspector. The Zoning Administrator did not have any concerns. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the application : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the application : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the application : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the application and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2024 through Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2024 through Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2024 through Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2024 through September 1, 2025. September 1, 2025. 5. Review & Approve Entertainment License - Reed Street Block Party Music and Comedy - Review & Approve Entertainment License - Reed Street Block Party Music and Comedy - Review & Approve Entertainment License - Reed Street Block Party Music and Comedy - August 2, 2024 at 79 Reed Street. August 2, 2024 at 79 Reed Street. Mr. Lucente explained that resident Alvaro Mendoza has submitted an application requesting approval for Mr. Lucente explained that resident Alvaro Mendoza has submitted an application requesting approval for an Entertainment License for the purpose of having live music and comedians at 79 Reed Street on an Entertainment License for the purpose of having live music and comedians at 79 Reed Street on Friday, August 2, 2024, during the neighborhood block party being held on Reed Street . An event Friday, August 2, 2024, during the neighborhood block party being held on Reed Street . An event diagram has been provided. The live musical and comedy performance will be from 5:00pm to 9:00pm in diagram has been provided. The live musical and comedy performance will be from 5:00pm to 9:00pm in front of 79 Reed Street. The requester has received a Block Party Permit from the Town Manager's Office which include the closure of Reed Street between Ash and Garfield Streets. Police, Fire, DPW, and Engineering all reviewed the Block Party application and have no objections. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve an Entertainment License for Alvaro Mendoza for the purpose of providing a live musical and comedy performance at 79 Reed Street during the Reed Street Block Party to take place on Friday, August 2, 2024 from 5:00pm to 9:00pm. DOCUMENTS: Block Party Permit from TMO, Block Party Event Diagram, Letter and Notification of Neighbors 6. Review & Approve Proclamation - National Minority Mental Awareness Month Dana Bickelman, Human Services Director, explained that the Lexington Human Rights Committee has submitted a proclamation which the Board is requested to approve and sign, to annually recognize the month of July as National Minority Mental Health Awareness Month in the Town of Lexington. This new proclamation highlights the unique strengths and challenges faced by Black, Indigenous, and people of color (BIPOC) regarding mental health and emphasizes the importance of culturally competent resources and community support. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a proclamation recognizing the month of July annually as National Minority Mental Health Awareness proclamation recognizing the month of July annually as National Minority Mental Health Awareness DOCUMENTS: Proclamation 7. Review & Approve Proclamation - Farmers' Market Week Review & Approve Proclamation - Farmers' Market Week Mr. Lucente explained that the Board is requested to approve and sign a proclamation, submitted by Mr. Lucente explained that the Board is requested to approve and sign a proclamation, submitted by Mr. Lucente explained that the Board is requested to approve and sign a proclamation, submitted by Leslie Wilcott-Henri, Lexington Farmers' Market, to recognize August 6, 2024, as Lexington Farmers’ Leslie Wilcott-Henri, Lexington Farmers' Market, to recognize August 6, 2024, as Lexington Farmers’ Leslie Wilcott-Henri, Lexington Farmers' Market, to recognize August 6, 2024, as Lexington Farmers’ Leslie Wilcott-Henri, Lexington Farmers' Market, to recognize August 6, 2024, as Lexington Farmers’ Market Day in the Town of Lexington. This new proclamation honors the Lexington Farmers’ Market and Market Day in the Town of Lexington. This new proclamation honors the Lexington Farmers’ Market and Market Day in the Town of Lexington. This new proclamation honors the Lexington Farmers’ Market and Market Day in the Town of Lexington. This new proclamation honors the Lexington Farmers’ Market and its participants for twenty years of providing access to healthy, local food, promoting sustainable its participants for twenty years of providing access to healthy, local food, promoting sustainable its participants for twenty years of providing access to healthy, local food, promoting sustainable agriculture, supporting local businesses, and fostering community engagement. agriculture, supporting local businesses, and fostering community engagement. agriculture, supporting local businesses, and fostering community engagement. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve and sign a proclamation recognizing August 6, 2024, as Lexington Farmers’ Market Day. proclamation recognizing August 6, 2024, as Lexington Farmers’ Market Day. proclamation recognizing August 6, 2024, as Lexington Farmers’ Market Day. proclamation recognizing August 6, 2024, as Lexington Farmers’ Market Day. DOCUMENTS: 2024 Lexington Farmers Market Day Proclamation 2024 Lexington Farmers Market Day Proclamation 2024 Lexington Farmers Market Day Proclamation 8. 2nd Quarter ARPA Discussion 2nd Quarter ARPA Discussion 2nd Quarter ARPA Discussion Ms. Kosnoff explained that the Board has received the updated ARPA spreadsheet and requests from Ms. Kosnoff explained that the Board has received the updated ARPA spreadsheet and requests from Ms. Kosnoff explained that the Board has received the updated ARPA spreadsheet and requests from Town Departments. After these requests, there will be a remaining unappropriated balance of $375,762. Town Departments. After these requests, there will be a remaining unappropriated balance of $375,762. Town Departments. After these requests, there will be a remaining unappropriated balance of $375,762. For the second quarter of 2024, the following four requests are being made: For the second quarter of 2024, the following four requests are being made: For the second quarter of 2024, the following four requests are being made: Economic Development - Supplemental budget to execute a contract for the Liberty Ride Economic Development - Supplemental budget to execute a contract for the Liberty Ride Economic Development - Supplemental budget to execute a contract for the Liberty Ride through 2025 and to expand the service from 4 days to 7 days per week for the 250th for through 2025 and to expand the service from 4 days to 7 days per week for the 250th for $89,856. $89,856. Recreation and Community Services - Recreation Inclusion Program for $5,000. Recreation and Community Services - Recreation Inclusion Program for $5,000. Public Health - Adult Vaccination Program for COVID and other vaccines for $70,000. Public Health - Adult Vaccination Program for COVID and other vaccines for $70,000. Human Services - To rename/expand the Food Insecurity to Emergency Services to allow for Human Services - To rename/expand the Food Insecurity to Emergency Services to allow for food insecurity, but also other issues that families are facing. No additional funding is being requested. Ms. Kosnoff noted that there is a balance of $2,347,654 for items approved but not yet expended. Staff are moving forward with many projects and anticipate having them under contract in the coming months. thth The next quarter, September 30, will be the last that new projects will be considered, as they need to be under contract by December 31, 2924. It may be necessary to consider redistributing some previously approved amounts in mid-December. Dawn McKenna, 9 Hancock Street, recommended that the Board allocate the remaining approximately $375,000 to the Tourism Revolving Fund, in order to allow them to purchase a new vehicle to be ready thth before the 250 Celebration. Every dollar that the Board invests in tourism allows them to make more money that can be poured back into the community. Ms. Iyer stated that the storeback improvement program has been part of the East Lexington improvement project. A similar recommendation has been made by the Center Committee and the EDC for the Center. As the 250th Celebration is coming up, it might be good to fund this in both the Center and East Lexington at the same time. The funding for the East Lexington project could be extended to reach a couple of locations in the Center. Ms. Hai agreed that the Center Committee recently unanimously supported this idea. Mr. Pato agreed with the idea of expanding this program but noted that he would like to see a formal Mr. Pato agreed with the idea of expanding this program but noted that he would like to see a formal request. He noted that the additional request for the Tourism Revolving Fund has also not been formally request. He noted that the additional request for the Tourism Revolving Fund has also not been formally submitted yet. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Liberty Ride : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Liberty Ride : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Liberty Ride Supplemental for $89,856; Recreation Inclusion Program for $5,000; Adult Vaccination Program for Supplemental for $89,856; Recreation Inclusion Program for $5,000; Adult Vaccination Program for Supplemental for $89,856; Recreation Inclusion Program for $5,000; Adult Vaccination Program for $70,000 and to rename the Food Insecurity Program to be the Emergency Services Program, all from $70,000 and to rename the Food Insecurity Program to be the Emergency Services Program, all from $70,000 and to rename the Food Insecurity Program to be the Emergency Services Program, all from ARPA funds. DOCUMENTS: ARPA Spreadsheet 2nd Quarter 2024 ARPA Spreadsheet 2nd Quarter 2024 9. Review & Approve Liberty Ride Contract Renewal Review & Approve Liberty Ride Contract Renewal Ms. Iyer, explained that, after the Board approved the ten-year contract with Joseph's, they made Ms. Iyer, explained that, after the Board approved the ten-year contract with Joseph's, they made Ms. Iyer, explained that, after the Board approved the ten-year contract with Joseph's, they made Ms. Iyer, explained that, after the Board approved the ten-year contract with Joseph's, they made additional requests that led the Town to cancel the bid. However, to ensure that the Town has the Liberty additional requests that led the Town to cancel the bid. However, to ensure that the Town has the Liberty additional requests that led the Town to cancel the bid. However, to ensure that the Town has the Liberty additional requests that led the Town to cancel the bid. However, to ensure that the Town has the Liberty ththth Ride Trolley for 2025 and the 250Ride Trolley for 2025 and the 250 Celebration, Staff is seeking approval for a one-year contract at either Celebration, Staff is seeking approval for a one-year contract at either Celebration, Staff is seeking approval for a one-year contract at either the current four days per week or an increased service to seven days per week. Staff is recommending the current four days per week or an increased service to seven days per week. Staff is recommending the current four days per week or an increased service to seven days per week. Staff is recommending seven days per week. Given the cost, either of these options will require supplemental funding which is seven days per week. Given the cost, either of these options will require supplemental funding which is seven days per week. Given the cost, either of these options will require supplemental funding which is subject to the ARPA request that is also on the agenda this evening. subject to the ARPA request that is also on the agenda this evening. subject to the ARPA request that is also on the agenda this evening. subject to the ARPA request that is also on the agenda this evening. Mr. Pato noted that the Board approved the seven days per week increased services and now needs to Mr. Pato noted that the Board approved the seven days per week increased services and now needs to Mr. Pato noted that the Board approved the seven days per week increased services and now needs to determine how to execute the funding for this. determine how to execute the funding for this. determine how to execute the funding for this. Mr. Lucente stated that he is struggling with the long-term plan for Liberty Ride. Lexington has, Mr. Lucente stated that he is struggling with the long-term plan for Liberty Ride. Lexington has, Mr. Lucente stated that he is struggling with the long-term plan for Liberty Ride. Lexington has, historically, seen a bump in tourism from the Bicentennial that lasts a long time, and something similar historically, seen a bump in tourism from the Bicentennial that lasts a long time, and something similar thth could be expected for the 250could be expected for the 250 Celebration. Celebration. Ms. Iyer stated that one of the biggest challenges is that the revolving fund is only able to extend an Ms. Iyer stated that one of the biggest challenges is that the revolving fund is only able to extend an amount of funding to cover the costs of guides, and maybe some of the seasonal staff. It is absolutely not amount of funding to cover the costs of guides, and maybe some of the seasonal staff. It is absolutely not able to cover the cost of new full-time hires, such as drivers and a Transportation Manager. The Town currently has an RFI to do a comprehensive study of Liberty Ride, as well as tourism in general, to give a cost analysis as to how best to move forward with the tourism economy in Town. Ms. Kosnoff agreed that the Town is going to struggle to find a model where Liberty Ride is self-supporting with only the revenue that it is generating. The intention is to try to find some other model, such as a private partnership. Dawn McKenna, 9 Hancock Street, asked the Board to sit down and think back to the principals that previously made this service work. People love this program, and she asked that the Board determine how to manage it as a successful entity. VOTE : Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a one-year contract with Joseph's for the Liberty Ride for seven days per week service, as consistent with the recommendation for ARPA funding. DOCUMENTS: Memorandum, RFIResponse 10. Discuss Recommended Holiday Dates to take into Consideration when Scheduling Meetings - Boards and Committees Ms. Axtell explained that the Select Board and Town Meeting, in practice, try not schedule meetings for holidays that are observed by the Lexington Community. The Board is being presented with a proposed holidays that are observed by the Lexington Community. The Board is being presented with a proposed list of observed holidays/practices which are being recommended to avoid when Staff/Boards/Town list of observed holidays/practices which are being recommended to avoid when Staff/Boards/Town Meeting are scheduling public meetings so as to provide the opportunities for engagement without Meeting are scheduling public meetings so as to provide the opportunities for engagement without limiting attendance. Ms. Hai suggested adding Good Friday and Easter Sunday to the list. Ms. Hai suggested adding Good Friday and Easter Sunday to the list. Ms. Hai suggested adding Good Friday and Easter Sunday to the list. Mr. Lucente asked that Ms. Axtell look further into any potential restrictions for Lunar New Year. Mr. Lucente asked that Ms. Axtell look further into any potential restrictions for Lunar New Year. Mr. Lucente asked that Ms. Axtell look further into any potential restrictions for Lunar New Year. Dawn McKenna, 9 Hancock Street, noted that Orthodox Easter should be listed separately from Easter. Dawn McKenna, 9 Hancock Street, noted that Orthodox Easter should be listed separately from Easter. Dawn McKenna, 9 Hancock Street, noted that Orthodox Easter should be listed separately from Easter. DOCUMENTS: Proposed Public Meeting Holiday schedule Proposed Public Meeting Holiday schedule Proposed Public Meeting Holiday schedule ADJOURN VOTE : Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 7:58pm. 7:58pm. A true record; Attest: Kristan Patenaude Recording Secretary Recording Secretary ) ) ) ) ) ))) ) ) 8x8 15x35 20x20 10x30 ) 70x25 15x3010x1010x10 40x20 ) 10x10 ) ) 15x30 15x30 ) 10x10 20x40 SPACE) 15x45 10x10 & BEER GARDEN ( ( / PACKET PICKUP (/ MASSAGE ( 1. TRUSS & CHUTE2. ANNOUNCER STAGE (3. BREAKFAST TRUCK (4. BEER TRUCK5. ADA CAFE (6. REGISTRATION7. BIKE MECHANICS8. VOLUNTEER / INFO (9. EXPO (10. CHAMPION TENT (11. LIVING RED (12. CHANGING TENT (13. CHANGING TENT (14. PORTALETS 4/115. KIDS AREA POP-UP16. CATERER SETUP17. FIRST AID (18. AMBULANCE19. PORTALETS 3/020. PORTALETS 5/121. GREETER TENT (22. HYDRATION23. CYCLING VILLAGE (24. CHEERING POP-UP25. DUMPSTER PARKING ENTRANCE SAG & EVENT 20 24 LEXINGTON LABS START / FINISH: EVENT AREA TO VIP PARKING & SAG PARKING TO NET CONTROL 23 2 1 10 MAGUIRE ROAD, LEXINGTON, MA 02421 220' 160' 5 16 4 3 OVERFLOW PARKING 6 10 15 13 11 12 8 9 19 22 7 21 14 PARKING TO EVENT 18 17 25 LAST EDITED 7-29-24 ) ) ) ) ) ))) ) ) 8x8 15x35 20x20 10x30 ) 70x25 15x3010x1010x10 40x20 ) 10x10 ) ) 15x30 15x30 ) 10x10 20x40 SPACE) 15x45 10x10 & BEER GARDEN ( ( / PACKET PICKUP (/ MASSAGE ( 1. TRUSS & CHUTE2. ANNOUNCER STAGE (3. BREAKFAST TRUCK (4. BEER TRUCK5. ADA CAFE (6. REGISTRATION7. BIKE MECHANICS8. VOLUNTEER / INFO (9. EXPO (10. CHAMPION TENT (11. LIVING RED (12. CHANGING TENT (13. CHANGING TENT (14. PORTALETS 4/115. KIDS AREA POP-UP16. CATERER SETUP17. FIRST AID (18. AMBULANCE19. PORTALETS 3/020. PORTALETS 5/121. GREETER TENT (22. HYDRATION23. CYCLING VILLAGE (24. CHEERING POP-UP25. DUMPSTER PARKING ENTRANCE SAG & EVENT 20 24 LEXINGTON LABS START / FINISH: EVENT AREA TO VIP PARKING & SAG PARKING TO NET CONTROL 23 2 1 10 MAGUIRE ROAD, LEXINGTON, MA 02421 220' 160' 5 16 4 3 OVERFLOW PARKING 6 10 15 13 11 12 8 9 #4, circled in blue is where we plan to set up and serve during this event. 19 22 7 21 14 PARKING TO EVENT 18 17 25 LAST EDITED 7-29-24 TL OWN OF EXINGTON TSG RANSPORTATION AFETY ROUP 1625 Massachusetts Avenue Lexington, Massachusetts 02420 Contact: Sheila Page 781-698-4560 Assistant Planning Director https://www.lexingtonma.gov/transportation-safety-group spage@lexingtonma.gov Date: July 31, 2024 To: Jim Malloy; Town Manager Cc: Kim Katzenback, Executive Clerk Select Board Carol Kowalski, Assistant Town Manager for Land Use, Health and Development John Livsey, Town Engineer Ross Morrow, Assistant Town Engineer Chief Mike McLean, Police Captain Chris Barry, Police Fr: Transportation Safety Group - Sheila Page, Assistant Planning Director RE: Recommended Traffic Regulation Amendments Stop on Sunny Knoll Avenue at Reed Street Stop on Balfour Street at Asbury Street (both sides) Parking Prohibition on Lois Lane Requested Actions: Vote to amend Traffic Rules and Orders: Chapter 192-10 Schedule 7 Stop Signs and Yield Signs to add: a stop sign on Sunny Knoll Avenue at Reed Street. a stop sign on Balfour Street on both sides of Asbury Street. Vote to amend Traffic Rules and Orders Chapter 192-18 Schedule 1 Parking Locations and Prohibitions to prohibit parking on Lois Lane near the intersection of Bedford Street. Background: In response to safety requests TSG recommends that the Select Board amend the Traffic Rules and Orders listed above. Stop on Sunny Knoll Avenue The idea of the stop sign originated by a resident request. The resident noted and TSG observed drivers travelling west on Sunny Knoll Avenue rolling through the intersection with Reed Street. Although there is an implied stop on Sunny Knoll, because of the angle of the intersection, the need for stopping is not obvious to drivers. There is a stop line painted but no stop sign is listed in Lexingtons regulations. Stop on Balfour Street The idea of the stop sign originated by a resident request. Then a crash happened shortly after the request. + At a intersection, typically, a stop sign is not needed when a less travelled street intersects a through street with more traffic. In this case, it is not obvious to the driver which street carries the dominant traffic. TSG feels that the stop sign is appropriate in this location. Parking Prohibition on Lois Lane Several residents of Lois Lane requested that parking be prohibited near the intersection of Bedford 1 Street. It appears that drivers park on Lois Lane and then run over to the businesses on Bedford. This happens often in the morning. When drivers park too close to the intersection, it is difficult for the residents to get in and out of the neighborhood. Lexingtons traffic regulations prohibit parking within 20 feet of an intersection. Because of the corner rounding, 20 feet does not allow enough clearance for safe maneuvering. Prohibiting parking near the intersection will provide more room for maneuvering. 2 VOTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED BY ADDING THE FOLLOWING TO § 192-10 SCHEDULE 7: STOP SIGNS AND YIELD SIGNS STREET LOCATION REGULATION Sunny Knoll Avenue at Reed Street Stop Balfour Street eastbound at Asbury Street Stop Balfour Street westbound at Asbury Street Stop DATE OF PASSAGE SELECT BOARD ATTEST TOWN CLERK VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED BY ADDING THE FOLLOWING TO: CHAPTER 192-18 SCHEDULE 1 “PARKING PROHIBITED OR RESTRICTED” LOCATION SIDE FROM TO REGULATION ___________________________________________________________________ Lois Lane North Bedford Street Approximately NO PARKING 90 feet east to the driveway of 77- 79 Bedford Street Lois Lane South Bedford Street Approximately NO PARKING 90 feet east to the driveway of 73- 75 Bedford Street ________________________ DATE OF PASSAGE _______________________________ SELECT _______________________________ BOARD _______________________________ __________________ ATTEST TOWN CLERK _______________________________ _______________________________ t e Stree Lan Reed Lois atat onon Board Meeting Knoll Prohibition Balfour at Asbury StreetBalfour at Asbury StreetSunny onon Stop on StopParking August 5, 2024 Select August 5, 2024 Select Recommended Traffic Recommended Traffic Regulation AmendmentsRegulation Amendments - Transportation Safety Group Transportation Safety Group Transportation Safety Group Human Services Department TO: James Malloy, Town Manager CC: Kelly Axtell, Deputy Town Manager FROM: Dana Bickelman, Director of Human Services DATE: July 18, 2024 SUBJECT: William James Interface The William James Referral service connects Town of Lexington residents (including Lexington Public School students) with mental health services. The Human Services Department and Schools began using this service in November 2018. At that time, we had hoped that opting into a contract with William James would address two issues identified through the Mental Health Task Force: (1) providing a way to take down barriers to accessing mental health services and (2) addressing potential disparities among cultural groups, especially those that may report shame and stigma/wanting to keep private from school and government any mental health challenges. While the service has been beneficial between the two departments, especially during the pandemic, we have thoughtfully decided to no longer renew our contract with William James for the reasons below: Pricing: (we split the cost between the Town and LPS for a total fee of $31,000 this year (significant price hikes since 2018). We have been told the cost will be $34,500 for FY25 and $38,000 in FY26. Since the report shows the service was used approximately 104 times over the past year, that approaches $300 per referral. Since 2018, we have seen an increase in cost-free ways to access mental health referrals, including online tools such as https://therapymatcher.org/, https://www.masshelpline.com/, https://www.lexingtonma.gov/1774/Mental-Health- Referral-Services, more robust EAPs through employers, and in-house behavioral health through health insurance providers. These alternatives provide additional support and options for our community. The community will continue to have free access to municipal social workers to connect residents to mental health services, which decreases barriers to access to care, whether financial or transportation-related. We also have a contract with a service provider in the building to provide counseling free of charge, ensuring that our residents will continue to have access to the support they need. The Human Services Department does plan to use the $15,000 plus we are not spending on William James to add a part-time staff member who would be able to provide additional clinical support and programs, particularly during later hours, to meet the needs of youth, families, and older adults who might still be working or in school during normal business hours. Human Services Department/Lexington Community Center 39 Marrett Road Lexington, MA 02421 •• ••• ••• 1780 Massachusetts Avenue - Lexington MA 02420781 862-1034 July 31, 2024 Select Board, Town of Lexington: Douglas Lucente, Chair Joseph Pato Suzanne Barry Mark Sandeen Jill Hai Dear Board Members, The Lexington Retailers Association seeks permission for a one-day temporary sign permit to allow Lexington businesses that are in the vicinity of the Minuteman Bikeway to market themselves during the Bikeway Block Party. The Bikeway Block Party, scheduled for Sunday September 15, is hosted by the Friend of Lexington Bikeways and the Munroe Center for the Arts. Local businesses have been encouraged to create their own complementary programing and this request for temporary signs would allow them to publicize their individual offerings. The permit would allow each business to place a maximum of 3 “lawn sign” style signs along the Minuteman Bikeway in the permitted zones contained in the details of this request. These signs would be permitted from 9am – 5pm, to partner with the Block Party that is scheduled from 11am – 4pm. Businesses would be responsible for removing their signs after the event. To assure maximum safety, signs will be placed no closer than three feet from the Bikeway’s paved surface. The LRA believes this sign request is an important, easy, and appropriate way to encourage increased foot traffic to our local businesses, by gaining the attention of the crowds that this event is anticipated to generate throughout the bikeway corridor. Additional details of this request can be found in the supporting documentation provided by the Town of Lexington Economic Development Office. Sincerely, Eric Michelson, President Lexington Retailers Association Town Of Lexington Economic Development Office 1875 Massachusetts Ave. • Visitors Center• Lexington, Massachusetts 02420 1 July 19, 2024 USE CAUTION:Do not This email came from outside the Town of Lexington. This email came from outside the Town of Lexington. click links, open attachments or respond to the email unless you recognize the sender, you are expecting the communication and you know the content is safe. you recognize the sender, you are expecting the communication and you know the content is safe. On April 30, 2024, Governor Maura Healey signed into law “An Act Making Appropriations for the Fiscal Year 2024 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.” The text of the law can be found HERE. This email will provide updates related to the process changes resulting from this new legislation. The local board is now solely responsible for approving amendments to changes in outdoor The local board is now solely responsible for approving amendments to changes in outdoor table service only alteration of premises. Amendments related to indoor alterations necessitate table service only alteration of premises. Amendments related to indoor alterations necessitate a complete alteration of the premises application process with the ABCC, mandating ABCC approval and adherence to the provisions outlined in the ‘Liquor Control Act’ (M.G.L. c. 138), including, but not limited to, advertisement, abutters’ notification requirements and the Local Board hearing. ABCC approval is no longer required for amendments to add outdoor alcoholic beverage table ABCC approval is no longer required for amendments to add outdoor alcoholic beverage table service areas. Licensees are instructed to directly reach out to their Local Licensing Authority service areas. Licensees are instructed to directly reach out to their Local Licensing Authority (LLA) for any inquiries and to submit their outdoor alteration applications directly to them. However, it is important to note that nothing in the new law prevents the ABCC “from exercising \[its\] enforcement authority over an amended license nor limit any appeals that can be submitted to the commission pursuant to section 67 of chapter 138.” Under this new legislation, the ABCC has updated its LLA Certification Form to include a specific transaction category for permanent outdoor table service only alterations of premises. Notably, these outdoor table service only alteration transactions will no longer require ABCC approval. However, it is essential that the ABCC is informed of any permanent outdoor seating alterations approved by the local board using the LLA Certification Form. This process is similar to how changes of hours or D/B/A are handled. Consequently, it is extremely important that the license issued and posted on the license premise includes a description of the entire approved licensed premises. Once the local board approves an amendment to the outdoor only seating, they should send the ABCC the LLA Certification Form (via the eLicensing portal) containing a comprehensive description of the premises, both outdoor and indoor. Attached to this email, you will find the ABCC guidelines for outdoor beverage service areas. Our intention is for the guidelines to serve as a valuable resource for the local board when evaluating alterations related to outdoor table seating. We advise contacting your municipality's legal counsel with any questions regarding local hearing procedures and the steps involved in the process of evaluating and approving outdoor table alterations. Any pending outdoor table only alterations of premises will be processed on an individual basis and the ABCC will reach out on those specific amendments. As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. Ryan Melville Deputy Executive Director Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3 Chelsea, MA 02150 Phone-1-857-453-2718 Fax-1-617-727-1258 Single-Use Plastic Bottle Phase Out Policy WHEREAS, climate change is adversely affecting the people of Massachusetts and poses a threat to public health, the well-being of our communities and families, and our state’s economy and infrastructure; WHEREAS, combustion of fossil fuels is a primary cause of greenhouse gas emissions that cause climate change; WHEREAS, the production of plastic bottles relies on fossil fuels, and most plastic bottles are made from WHEREAS, the production of plastic bottles relies on fossil fuels, and most plastic bottles are made from petroleum-based polyethylene terephthalate in refineries that run on fossil fuels;petroleum-based polyethylene terephthalate in refineries that run on fossil fuels; WHEREAS, plastic pollution has resulted in harm to communities in Massachusetts; WHEREAS, plastic pollution has resulted in harm to communities in Massachusetts; WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour;WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour;WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour; WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems;WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems;WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems; WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources for removal; WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the stated goals of Lexington’s Zero Waste Resolution;stated goals of Lexington’s Zero Waste Resolution; WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in Massachusetts and the incineration thereafter being detrimental to human health.Massachusetts and the incineration thereafter being detrimental to human health.Massachusetts and the incineration thereafter being detrimental to human health. I. Purpose of Policy: To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human health, and communities.health, and communities. II. Policy: 1.1.Definition of “single-use plastic bottle.” As used in this Policy, a “single-use plastic bottle” refers to Definition of “single-use plastic bottle.” As used in this Policy, a “single-use plastic bottle” refers to a beverage in a sealed rigid plastic bottle or plastic-lined carton, excluding cartons for milk, milk a beverage in a sealed rigid plastic bottle or plastic-lined carton, excluding cartons for milk, milk varieties, or juices that are part of the National School Lunch Program or School Breakfast Program, varieties, or juices that are part of the National School Lunch Program or School Breakfast Program, having a capacity of 21 fluid ounces or less.having a capacity of 21 fluid ounces or less. 2.2.Effective immediately, all town departments, including schools, offices, library, community center, police and fire departments, shall stop purchasing single-use plastic bottles in favor of less harmful alternatives. 3.3.No later than July September 1, 2024, all town departments shall submit to the Town Manager and the Sustainability and Resilience Officer a summary of the steps they have taken to (i) halt the expenditures of town funds for the purchase of single-use plastic bottles and (ii) phase out the sale, re- sale or distribution of single-use plastic bottles on town owned property by July 1, 2025. 4.4.Each town department shall take all appropriate steps to limit the purchase, use, or sale of single-use plastic bottles to only the following circumstances: (i) when no alternative is available or practicable; (ii) when necessary to protect health, safety, and welfare; (iii) when compliance with this policy would conflict with contract requirements or labor agreements in existence as of the effective date of this policy or agreements solicited before the effective date of this policy, and (iv) to prepare for or respond to an emergency. In addition, each office or agency shall provide for disability or accessibility related accommodations in its planning efforts. Additionally, Additionally, the Select Board will be developing a policy that will require the Select Board will be developing a policy that will require all non-municipal uses non-municipal uses and events taking place managed by third party vendors will be informed of and required to act in to act in accordance with this policy on townaccordance with this policy on town-owned properties.owned properties. 5.5.All Lexington boards and committees are encouraged to adopt their own plans to adopt their own plans to eliminate their purchasing and sale of single-use plastic bottles. 6.6.This policy shall take effect immediately and shall continue in effect until amended, superseded, or This policy shall take effect immediately and shall continue in effect until amended, superseded, or This policy shall take effect immediately and shall continue in effect until amended, superseded, or revoked by subsequent policy. Single-Use Plastic Bottle Phase Out Policy WHEREAS, climate change is adversely affecting the people of Massachusetts and poses a threat to public health, the well-being of our communities and families, and our state’s economy and infrastructure; WHEREAS, combustion of fossil fuels is a primary cause of greenhouse gas emissions that cause climate change; WHEREAS, the production of plastic bottles relies on fossil fuels, and most plastic bottles are made from WHEREAS, the production of plastic bottles relies on fossil fuels, and most plastic bottles are made from petroleum-based polyethylene terephthalate in refineries that run on fossil fuels;petroleum-based polyethylene terephthalate in refineries that run on fossil fuels; WHEREAS, plastic pollution has resulted in harm to communities in Massachusetts; WHEREAS, plastic pollution has resulted in harm to communities in Massachusetts; WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour;WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour;WHEREAS, by some estimates Americans throw away about 2.5 million plastic bottles every hour; WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems;WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems;WHEREAS, plastic pollution harms wildlife across Massachusetts, including in our ocean ecosystems; WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources WHEREAS, plastic bottle litter collects in Lexington’s conservation parcels and requires excess resources for removal; WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the WHEREAS, the purchase of single-use plastic bottles over innocuous alternatives is inconsistent with the stated goals of Lexington’s Zero Waste Resolution;stated goals of Lexington’s Zero Waste Resolution; WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in WHEREAS, plastic disposal is insufficient, with only 29% of plastic bottles are recycled in Massachusetts and the incineration thereafter being detrimental to human health.Massachusetts and the incineration thereafter being detrimental to human health.Massachusetts and the incineration thereafter being detrimental to human health. I. Purpose of Policy: To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, To reduce plastic pollution caused by single-use plastic beverage bottles, the material sourcing, production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human production, and disposal process of which contributes to climate change and harms the wildlife, human health, and communities.health, and communities. II. Policy: 1.1.Definition of “single-use plastic bottle.” As used in this Policy, a “single-use plastic bottle” refers to Definition of “single-use plastic bottle.” As used in this Policy, a “single-use plastic bottle” refers to a beverage in a sealed rigid plastic bottle or plastic-lined carton, excluding cartons for milk, milk a beverage in a sealed rigid plastic bottle or plastic-lined carton, excluding cartons for milk, milk varieties, or juices that are part of the National School Lunch Program or School Breakfast Program, varieties, or juices that are part of the National School Lunch Program or School Breakfast Program, having a capacity of 21 fluid ounces or less.having a capacity of 21 fluid ounces or less. 2.2.Effective immediately, all town departments, offices, library, community center, police and fire departments, shall stop purchasing single-use plastic bottles in favor of less harmful alternatives. 3.3.No later than September 1, 2024, all town departments shall submit to the Town Manager and the Sustainability and Resilience Officer a summary of the steps they have taken to (i) halt the expenditures of town funds for the purchase of single-use plastic bottles and (ii) phase out the sale, re- sale or distribution of single-use plastic bottles on town owned property by July 1, 2025. 4.4.Each town department shall take all appropriate steps to limit the purchase, or sale of single-use plastic bottles to only the following circumstances: (i) when no alternative is available or practicable; (ii) when necessary to protect health, safety, and welfare; (iii) when compliance with this policy would conflict with contract requirements or labor agreements in existence as of the effective date of this policy or agreements solicited before the effective date of this policy, and (iv) to prepare for or respond to an emergency. In addition, each office or agency shall provide for disability or accessibility related accommodations in its planning efforts. Additionally, the Select Board will be developing a policy that will require all non-municipal uses Additionally, the Select Board will be developing a policy that will require all non-municipal uses and events to act in accordance with this policy on town-owned properties.and events to act in accordance with this policy on town-owned properties. 5.5.All Lexington boards and committees are encouraged to eliminate their purchasing and sale of single-All Lexington boards and committees are encouraged to eliminate their purchasing and sale of single- use plastic bottles. 6.6.This policy shall take effect immediately and shall continue in effect until amended, superseded, or This policy shall take effect immediately and shall continue in effect until amended, superseded, or This policy shall take effect immediately and shall continue in effect until amended, superseded, or revoked by subsequent policy.