HomeMy WebLinkAbout2025-02-24 SB Packet - ReleasedSELECT BOARD MEETING
Monday, February 24, 2025
Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation*
6:30 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
4580 if they wish to speak during public comment to assist the Chair in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1.Select Board Member Announcements and Liaison Reports
TOWN MANAGER REPORT
1.Town Manager Weekly Update
CONSENT AGENDA
1.Approve: One-Day Liquor License - Lexington Chamber of Commerce
Lex250 Gala - March 6, 2025 from 6:30 - 9:00 pm
2.Approve: One-Day Liquor Licenses - Spectacle Management, Inc., 1605
Massachusetts Avenue
Concert Series at Cary Memorial Building:
May 2, 2025 - Lyle Lovett
May 9, 2025 - Al Stewart
3.Approve: Battle Green Use Request - Air Force Retirement Ceremony
Air Force Retirement Ceremony.
4.Approve: Battle Green Permit - National Daughters of the American Revolution
(NSDAR) - Wreath Laying
Tuesday, April 15, 2025 from 2:00 - 4:00 pm
5.Approve: Battle Green Use Request - Lexington Minute Men - Filming of a News
Segment
Tuesday, March 4, 2025 from 9:00 am - 12:00 pm
6.Amend: Battle Green Use Request - Lexington Minute Men - 18th Century Military
Drill
Revised Request for March 1, 2025 from 11:00 am - 4:00 pm
7.Approve: Select Board Minutes
January 27, 2025 Select Board
January 30, 2025 Summit
February 3, 2025 Select Board
8.Accept Select Board Committee Resignation
Historic Districts Commission - Robert W. Adams, Associate Member
9.Water and Sewer Commitments and Adjustments
Water & Sewer Commitments Cycle 9 December 2024
Water & Sewer Commitments Finals December 2024
Water & Sewer adjustments per WSAB January 9, 2025
10.Approve Amended Lexington Human Rights Committee Charge and Amend
Appointments
ITEMS FOR INDIVIDUAL CONSIDERATION
1.Hearing - Restaurant All Alcohol Liquor License Application - 27 Waltham Street -
PARC Restaurant Group Lex, d/b/a Post 1917
6:45pm
2.Hearing - Verizon Grant of Location Petition - Push-Brace on the Pole located on
corner of Fletcher Ave and Hayes Lane
6:55pm
3.Approve Sale of Bond Anticipation Notes 7:10pm
4.Update - 2025 ATM Warrant Article 8 - Appropriate Funding to Contstruct a
Playground at Fletcher Park (Citizen Petition) to be IP'd
7:20pm
5.Presentation - 2025 ATM Warrant Article 27 - Allow 16 Year olds Voting Rights in
Municipal Elections (Citizen Petition)
7:25pm
6.Presentation - 2025 ATM Warrant Article 25 - Amendment to Town Meeting
Management Provisions in Town Bylaws (Citizen Petition)
7:40pm
7.Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions 8:00pm
8.Hearing for Liquor License Compliance Check Violation - Second Violation Ixtapa 8:05pm
9.Proclamation: Lexington Historical Society 8:20pm
10.Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and
Positions
8:25pm
ADJOURN
1.Anticipated Adjournment 8:30pm
Meeting Packet: https://lexington.novusagenda.com/agendapublic/
*Members of the public can attend the meeting from their computer or tablet by clicking on the
following link at the time of the meeting:
https://lexingtonma.zoom.us/j/82013535294?pwd=mGvKYC9PHOT8ByUHHa0a18jNRhRXpf.1
iPhone one-tap: +13017158592,,82013535294#,,,,*848540#
Phone +1 646 876 9923
Meeting ID: 820 1353 5294
Passcode: 848540
An Act Relative to Extending Certain State of Emergency Accommodations:
https://www.mass.gov/the-open-meeting-law
The next regularly scheduled meeting of the Select Board will be held on Monday, March 10, 2025
at 6:30pm via hybrid participation.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and
subject to change.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Announcements and Liaison Reports
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
LR.1
SUMMARY:
Please see the attached Select Board Member Announcements and Liaison Reports for the February 24, 2025
meeting. Under this item, Select Board Members can also comment on any additional points, reports and
concerns.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
Liaison Report Backup Material
Doug Lucente Select Board Liaison Report for 02-24-2025
● Recruitment for Historic Districts Commission (HDC) – We are beginning the recruitment process for one Full
Member and two Associate Member vacancies on the Historic Districts Commission (HDC), as Bob Adams (Associate
Member) is stepping down and Robin Lovett (Full Member) has reached the term limit at the end of 2024. The HDC
consists of five full members and four associate members, all serving five-year terms, with appointments made by the
Select Board based on nominations from the Lexington Historical Society, the Lexington Chamber of Commerce, and the
Cary Memorial Library Trustees, along with one at-large member appointed directly by the Board. Associate members are
nominated by the same organizations but are not tied to a specific group.
To ensure a strong and well-qualified applicant pool, the Select Board Office will be actively facilitating the recruitment
process. This includes outreach to the nominating organizations, publicizing the vacancies to encourage applications from
residents with relevant expertise, and ensuring the process remains transparent and accessible.
We will begin recruiting nominations by March 1, 2025, and request that all nominations be submitted by the end of April
2025. This timeline allows for a thorough review of candidates, with potential Board action in May 2025 to finalize.
Ideal candidates should have expertise in one or more of the following areas:
Law (legal training or experience)
History (historical knowledge, training, or experience)
Architecture (architectural history or aesthetics)
Graphic Design (training or experience)
Business (membership in the local business community)
We are seeking nominations for the Full Member position from the Cary Memorial Library Trustees, which must
provide at least two nominees. For the two Associate Member positions, each of the three nominating bodies (Lexington
Historical Society, Lexington Chamber of Commerce, and Cary Memorial Library Trustees) should submit two nominees
for consideration.
Full Members & Nominating Bodies
Name Position Term Expiration Nominating Body
[OPEN POSITION] Full Member Dec 31, 2029 Cary Memorial Library
Dan Hissel Full Member Dec 31, 2027 Lexington Historical Society
Ed Adelman Full Member Dec 31, 2025 Lexington Historical Society
Paul O’Shaughnessy Full Member Dec 31, 2028 Chamber of Commerce
Lee Noel Chase Full Member Dec 31, 2026 Select Board
Associate Members (Not Tied to Specific Groups)
Name Position Term Expiration
[OPEN POSITION] Associate Member Dec 31, 2028
[OPEN POSITION] Associate Member Dec 31, 2029
Richard L. Neumeier Associate Member Dec 31, 2026
Brien M. Cooper Associate Member Dec 31, 2027
Please let me know if you have any questions or suggestions before we move forward with outreach efforts.
Jill Hai Select Board Liaison Report for 02-24-2025
Lexington will be hosting the annual MAGIC legislative breakfast this year. It will be Friday morning April 4, at 8:30 am
in the community center dining room. Registration link: mapc.ma/MAGIC-leg-2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
PRESENTER:
Steve Bartha, Town Manager
ITEM
NUMBER:
TM.1
SUMMARY:
Under this item, the Town Manager can provide verbal updates, make announcements, as well as comment on
any additional points or concerns.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
2/7/25 Backup Material
2A Speed Study Letter Backup Material
2/14/25 Backup Material
Flyer Backup Material
2-21-25 Weekly TM Update Backup Material
1625 MASSACHUSETTS AVENUE • LEXINGTON, MA • 02420
Town of Lexington
Town Manager’s Office
Steve Bartha, Town Manager
Kelly Axtell, Deputy Town Manager
Tel: (781) 698-4540
Fax: (781) 861-2921
To: Select Board
From: Steve Bartha, Town Manager
Date: February 7, 2025
Subject: Weekly Update
RECREATION & COMMUNITY PROGRAMS
Recreation Committee Capital Request for the 146 Maple Street/Harrington Field Capital Project: The
Schematic Design Funds were appropriated in Special Town Meeting – Fall 2024.
In an effort to reduce the impact of the temporary loss of fields at the Center Recreation Complex (and in
keeping with the findings of the 2022 Comprehensive Study of Athletic Fields), a $6.2 million request was
made this year to construct two rectangular fields at the site of Old Harrington Elementary School, subject to
that building be demolished ~ November 2025 – February 2026. Based on the magnitude of requests before
the CPC committee this year, the Recreation Committee reduced the funding request from CPF from $4.2
million to $1.2 million in order to prioritize existing end of life projects in the FY2026 funding request to CPF.
As a result, the $2 million initially requested from the General Fund in FY 2026 (to cover the potential cost of
artificial turf, which is not an allowed CPF expense) will be held back (remain unappropriated as Free Cash /
Unassigned Fund Balance) while the community engagement occurs in the coming months.
The current plan is to (a) utilize the FY2026 CPF funds to complete the full design and construction documents
and (b) to request the construction funding in the FY2027 Budget Cycle. Should the funding be appropriated at
both ATM 2025 and ATM 2026 and dependent on athletic playing surface that is chosen, the fields may come
online Summer or Fall of 2027.
LAND USE, HOUSING & DEVELOPMENT
Planning:
The Planning Board will hold a public hearing on Wednesday, February 12 at 6:00 pm on Zoom on the zoning
amendments proposed for Special and Annual Town Meeting.
MassDOT has denied the Town of Lexington’s request to decrease the speed limit on Marrett Road, between
Malt Ln and Follen Rd, from 40 MPH to 35 MPH. (Letter provided). It was requested in March of 2023 that
MassDOT reconsider the speed limit because the characteristics of the corridor had changed significantly since
inception of the speed regulation (now thickly settled residential), preliminary speed data suggested an
average speed consistent with a 30 MPH thickly settled area, and there are inconsistencies of speed zones east
of I-95. Members of the Transportation Safety Group have been told that MassDOT is likely to change their
standards for determining speed regulation conformance in the future, and can resubmit a speed reduction
request to MassDOT. The timeline of this MassDOT policy change is unknown.
519 Appleton Street, Arlington, MA 02476
Tel: 857-368-4000, TTY: 857-368-0655
www.mass.gov/massdot
January 14, 2025
Traffic Lexington
Meghan McNamara
Assistant Planning Director
1625 Massachusetts Ave
Lexington, MA 02420
Dear Ms. McNamara:
District 4 Traffic Operation Section has conducted a speed study regarding the request from the
Town of Lexington to have the speed limit evaluated on Marrett Road (Route 2A) between Malt
Lane to Follen Road.
The speed study data shows an 85th percentile speed of 41 MPH in the eastbound direction and
40 MPH in the westbound direction. Based on the results, the District found that the existing
posted speed limit of 40 MPH is in conformance with current speed regulations.
If you should have any further questions regarding this matter, feel free to contact Sara Timoner,
District 4 Traffic Engineer at 857-368-4065 or Sara.Timoner@state.ma.us.
Sincerely,
Paul D. Stedman
District Highway Director
SLT/yd
cc: file
1625 MASSACHUSETTS AVENUE • LEXINGTON, MA • 02420
Town of Lexington
Town Manager’s Office
Steve Bartha, Town Manager
Kelly Axtell, Deputy Town Manager
Tel: (781) 698-4540
Fax: (781) 861-2921
To: Select Board
From: Steve Bartha, Town Manager
Date: February 14, 2025
Subject: Weekly Update
TOWN MANAGER’S OFFICE
As follow up to our discussion this morning during the Select Board meeting, I wanted to provide a written
update on DEI similar to the update provided during the meeting.
DEI Assessment
Tangible Development delivered a copy of their DEI Assessment to the Town in May 2024, link below:
https://www.lexingtonma.gov/2127/DEI-Initiatives
In October, Dr. Bree Becker began working with Hemali and the SMT to establish a vision statement and DEI
goals for the organization. That work was near completion when Hemali left and is on track to be completed
this spring.
DEI Position
Rather than re-advertise the same job description for the third time in ~3 years, my intent is to first take some
time (but not too much time) to engage stakeholders in dialogue. Specifically, I wanted to better understand
what results and outcomes people envision for both the organization and the community as it pertains to DEI
before determining the best way to allocate resources in order to gives ourselves the best possible odds of
achieving those results and outcomes.
To date, I have had the chance to meet with past and current leadership from the Human Rights Committee,
staff members, and most of the Select Board. I have also met with several community groups to understand
their perspective, and I had the chance to sit with Hemali before she left to understand her experience in the
role and her ideas for what success might look like moving forward.
Commitment
To be clear, this work will continue in parallel with the budget process, special town meeting, annual town
meeting, and everything else, because it is important. To be even clearer, I am committed to this work and
being part of an organization that does the same. I asked staff to engage with me or Kelly on the topic to share
their ideas as well, and the response has been uplifting. In the meantime, if anyone wants to share their
perspective on the role/work, feel free to reach out to me or Kelly. We’d love to connect.
1625 MASSACHUSETTS AVENUE • LEXINGTON, MA • 02420
LAND USE, HOUSING & DEVELOPMENT
Planning: Planning:
The Planning Board opened the public hearing on the Special Town Meeting Article 2 on the citizens petition to
reduce the multi-family housing dwelling unit capacity in the Overlay Districts. The public hearing was 4.5
hours and was well attended (296 people at its peak with a total of 417 participants at various times during the
night) with 60 speakers during public comments. The hearing was continued to the Board’s February 26
meeting.
Housing:
On Wednesday, February 19, the results of the two-year Fair Housing Testing Program that the HOME
Consortium has recently completed in Lexington and the other WestMetro HOME Consortium communities
will be presented. Flyer with details attached.
WestMetro HOME
Consortium
Fair Housing Testing Program Report &
Community Conversations
Over the last two years, the WestMetro HOME Consortium
has worked with Suffolk University Law School to identify
instances of discrimination in the affordable housing
application process across the thirteen WestMetro HOME
Consortium communities: Bedford, Belmont, Brookline,
Concord, Framingham, Lexington, Natick, Needham,
Newton, Sudbury, Waltham, Watertown, and Wayland.
The final report will be available online prior to the
community meetings.
Wednesday February 19, 2025
5:30 p.m. –7:00 p.m.
Virtually, via Zoom, at:
https://newtonmahttps://newtonma-gov.zoom.us/j/88519686470gov.zoom.us/j/88519686470
Meeting ID: 885 1968 6470
Wednesday February 26, 2025
5:30 p.m. –7:00 p.m.
Newton Free Library, Druker Auditorium
330 Homer Street, Newton, MA 02459
Attend a community meeting online or in person to
discuss the report and its recommendations to
support fair housing. All are welcome!
Location of these meetings are wheelchair accessible. If you need a reasonable
accommodation, please contact the City of Newton’s ADA/Sec.504 Coordinator, Jini Fairley, at
least two business days in advance of the meeting: jfairley@newtonma.gov or (617) 796-1253.
For Telecommunications Relay Service, please dial 711 or call City Hall’s TTY: 617 796 1089.
Art by Nevena Pilopovic Wengler, 2021
For more information, visit the WestMetro HOME Consortium’s website.
1625 MASSACHUSETTS AVENUE • LEXINGTON, MA • 02420
Town of Lexington
Town Manager’s Office
Steve Bartha, Town Manager
Kelly Axtell, Deputy Town Manager
Tel: (781) 698-4540
Fax: (781) 861-2921
To: Select Board
From: Steve Bartha, Town Manager
Date: February 21, 2025
Subject: Weekly Update
LAND USE, HOUSING & DEVELOPMENT
Economic Development:
Please see below the links to the videos put together by the Greater Merrimack Valley Convention and Visitors
Bureau. It highlights the Lexington Visitors Center program offerings.
Lexington & Concord Fam Tour
https://vimeo.com/1052096735
250.BattleGreenVisitorCenter
https://vimeo.com/1056194203
Planning:
On Wednesday, February 26, the Planning Board will hold a public hearing on 2025 Annual Town Meeting
Article 31: Amend Zoning Bylaw — National Flood Insurance (NFI) District. The meeting will be conducted
virtually via Zoom. This public meeting will begin at 6:00 PM. Also, on 2/26, the Planning Board will continue a
public hearing on Special Town Meeting 2025-1 Article 2: Amend Section 7.5 of the Zoning Bylaw to Reduce
Multi-Family Dwelling Unit Capacity, a citizen petition. The hearing on Article 2 is being continued from
February 12, when the Planning Board also conducted a public hearing on 2025 Annual Town Meeting Articles
29, 20, 32, and 33. A recording of the February 12 public hearing is available online.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: One-Day Liquor License - Lexington Chamber of Commerce
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.1
SUMMARY:
Category: Decision-Making
Lexington Chamber of Commerce:
Lexington Chamber of Commerce, 10 Pleasant Street, is requesting a One-Day Liquor License to serve beer
and wine for the purpose of the Lex250 Gala being held on March 6, 2025, from 6:30 - 9:00 pm.
SUGGESTED MOTION:
To approve a One-Day Liquor License for the Lexington Chamber of Commerce, 10 Pleasant Street, to serve
beer and wine from 6:30 pm to 9:00 pm on Thursday, March 6, 2025 for the Lex250 Gala.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: One-Day Liquor Licenses - Spectacle Management, Inc., 1605 Massachusetts
Avenue
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.2
SUMMARY:
Category: Decision-Making
Spectacle Management:
Spectacle Management, Inc. has requested two One-Day Liquor Licenses to serve beer and wine in the lobby
of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their Summer Concert Series
events on the following dates from 6:00 pm - 10:00 pm.
May 2, 2025 - Lyle Lovett
May 9, 2025 - Al Stewart
The requests have been reviewed by the Department of Public Facilities with no concerns.
SUGGESTED MOTION:
To approve two One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the
lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their concert series on the
following dates 6:00 pm - 10:00 pm:
May 2, 2025 - Lyle Lovett
May 9, 2025 - Al Stewart
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Battle Green Use Request - Air Force Retirement Ceremony
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.3
SUMMARY:
Category: Decision-Making
Kathryne Friess:
Kathryne Friess has requested permission to use the Battle Green on Tuesday, June 17, 2025 from 12:00pm to
3:00pm for the purpose of conducting an Air Force Retirement Ceremony Official for a 2 Star General. She is
requesting to use the area near the Minuteman Statue.
The Police Department, Department of Public Works, and the Fire Department have no objections to this
request.
SUGGESTED MOTION:
To approve the request of Kathryne Friess to use the Battle Green on Tuesday, June 17, 2025 from 12:00pm to
3:00pm for the purpose of conducting an Air Force Retirement Ceremony for a 2 Star General to beh
held near the Minuteman Statue.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Battle Green Permit - National Daughters of the American Revolution (NSDAR) -
Wreath Laying
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.4
SUMMARY:
Category: Decision-Making
The Massachusetts Daughters of the American Revolution have requested permission for the National Society
Daughters of the American Revolution to place a wreath at the Revolutionary War Monument obelisk on the
Battle Green followed by the Lexington Minute Men doing a firing of muskets for a volley and salute on
Tuesday, April 15, 2025 2:00 - 4:00 pm.
SUGGESTED MOTION:
Motion to approve the request for the National Society Daughters of the American Revolution to place a
wreath at the Revolutionary War Monument obelisk on the Battle Green followed by the Lexington Minute
Men doing a firing of muskets for a volley and salute on on Tuesday, April 15, 2025, from 2:00 - 4:00 pm.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Battle Green Use Request - Lexington Minute Men - Filming of a News Segment
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.5
SUMMARY:
Category: Decision-Making
Lexington Minute Men requested permission to use the Battle Green on Tuesday, March 4, 2025 from
9:00am to 12:00pm for the purpose of filming an interview segment and tour of the Battle Green. The
Lexington Minute Men will perform a Military Drill for the Filming with no firing. No road closures needed.
The Police Department, Department of Public Works, and the Fire Department have reviewed the request and
have no objections or concerns.
SUGGESTED MOTION:
To approve the request of the Lexington Minute Men to use the Battle Green on Tuesday, March 4, 2025
to film a Channel 5 News segment between 9:00am to 12:00pm.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Amend: Battle Green Use Request - Lexington Minute Men - 18th Century Military Drill
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.6
SUMMARY:
Category: Decision-Making
At their January 6, 2025 meeting, the Select Board approved the request of the Lexington Minute Men for the
use of the Battle Green for their ‘'18th Century Military Drill' event on Saturday, March 1, 2025 between
11:00am to 4:00pm as proposed.
The Lexington Minute Men have asked to add permission to do a cannon firing during the event onto their
permit. There will be one cannon and the cannon and crew will be supplied by Knox's Artillery.
The Police Department, Department of Public Works, and the Fire Department have no objections to this
request. The Fire Department will be issuing a cannon permit upon Select Board approval of the updated
Battle Green Use for March 1, 2025.
SUGGESTED MOTION:
To approve the request from Lexington Minute Men to add the use of a cannon on their Battle Green Use
permit for the purpose of the '18th Century Military Drill' event on Saturday, March 1, 2025 between 11:00am
to 4:00pm.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Select Board Minutes
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.7
SUMMARY:
Category: Decision-Making
The Select Board is being asked to approve the following set of minutes:
January 27, 2025 Select Board
January 30, 2025 Summit
February 3, 2025 Select Board
SUGGESTED MOTION:
To approve and release the following minutes:
January 27, 2025 Select Board
January 30, 2025 Summit
February 3, 2025 Select Board
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
DRAFT 01272025 Select Board Minutes Backup Material
DRAFT 01302025-FinanceSummit Minutes Backup Material
DRAFT 02032025 Select Board Minutes Backup Material
SELECT BOARD MEETING
Monday, January 27, 2025
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, January 27,
2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Barry, and Ms. Hai,
were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; Ms.
Katzenback, Executive Clerk; and Mina Makarios, Town Counsel.
Chair Lucente explained amendments to the order of the agenda items.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Announcements and Liaison Reports
Mr. Lucente emphasized how critical it is that information remains accurate regarding the MBTA zoning
impacts and the related Town Meeting Articles. Mr. Bartha explained that the Town has engaged with
consultants for a study that seeks to better understand the taxpayer impact of the potential MBTA
developments.
Ms. Hai stated that she, Ms. Axtell, and Mr. Bartha recently attended the Mass Municipal Association
Annual Conference. She acknowledged the celebration of Lunar New Year. She also acknowledged that
today marks the 80th anniversary of the International Holocaust Remembrance Day.
Mr. Pato noted that quite a few Town Meeting Members received an email at the end of last week with a
purported projection of deficits in Town budget, purportedly from Ms. Kosnoff. He asked if this was
actually from the Town. Mr. Bartha stated that the file referenced was prepared in November, as part of
the School Building Committee’s all-day workshop with local leaders. It looked solely at the how the
project itself might impact taxpayers. It did not make any sort of projection regarding what the budget
may look like moving forward.
Mr. Sandeen explained that the Board received a letter today from the Bicycle Advisory Committee
raising concern about the third serious accident of a Lexington student riding a bicycle in Town. He asked
that discussion of this issue be placed on a future agenda.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Bartha stated that the International City and County Manager Association announced on Friday the
appointment of a new Executive Director to oversee the 13,000-member Association. Lexington’s own
Julia Novak was selected unanimously for this role.
DOCUMENTS: 1-10-25, 1-17-25
CONSENT AGENDA
Mr. Lucente noted that he would recuse himself from Consent Agenda Item #3 and it was thus removed
for separate consideration.
1. Approve: Common Victualler License
Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue
To approve a Common Victualler License for Nick's Restaurant of Lexington Inc, 197 Massachusetts
Avenue.
2. Approve: Battle Green Permits - Lexington Minute Men
Rehearsal of Reenactment of the Civilian Evacuation - Saturday, March 29, 2025
Rehearsal of the Annual Battle of Lexington - Saturday, April 5, 2025
To approve the Lexington Minute Men requests for the use of the Battle Green on the following dates and
times for their events in preparation of Patriots' Day 2025:
Saturday, March 29, 2025, for a dress rehearsal of the Civilian Evacuation Event from 12:00pm
to 6:00pm
Saturday, April 5, 2025, for a dress rehearsal of the Battle of Lexington Reenactment from
10:00am to 5:00pm (Rain Date: Sunday, April 6, 2025, from 10:00am to 5:00pm)
3. Approve: Patriots Day 2025 Requests - Lions Club item removed for individual consideration.
Lexington Historical Society/Lexington Minute Men: Reenactment of the Arrival of Paul
Revere and William Dawes - April 18 - 19, 2025
Lexington Minute Men: Civilian Evacuation, Annual Reenactment & Parker's Revenge -
Saturday, April 19, 2025
Town Celebrations Committee: Patriots Day Parade - Saturday April 19, 2025
To approve the Town Celebrations Committee, Lexington Historical Society, and Lexington Minute Men
and road closure requests for their respective Patriots’ Day events, as follows:
Historical Society/Lexington Minute Men - Approve the request for road closure Bedford Street from
Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street and abutting street entries
be closed to all but emergency traffic from 8:00 p.m. on Friday, April 18th to no later than 12:00 a.m. on
Saturday, April 19th.the reenactment of the arrival of Paul Revere and William Dawes.
Lexington Minute Men:
The Lexington Minute Men use of the Battle Green for their participation in Patriots' Day 2025 events on
the following dates and times
Saturday, April 19, 2025, for the annual reenactment of the Battle of Lexington from 1:00am to 1:00pm.
3:00am - 4:30am - 4-6 men patrol the Common and Buckman Tavern grounds.
5:15am - Belfry starts ringing alarm bell
5:25am - Parker assembles the Militia on the Common to alert of the threat of Regulars' advance and take
a Roll Call
5:30am - Narration
5:40am - Civilian Evacuation
5:45am - Parker sends out Thaddeus Bowman; more narration to set the stage for the battle
6:00am - Thaddeus Bowman arrives to warn Parker
6:06am - Regulars arrive on the Common, form battalion, exchange between officers
6:15am - Regulars reform battalion and fire salute
6:20am - Regulars march off; narration - recap of battle and set stage for Parker's Revenge
6:30am - Parker's Revenge Scenario & Narration
Town Celebrations Committee:
for closure of Massachusetts Avenue from Marrett Road to Worthen Road, Bedford Street to Harrington
Road and midway down Harrington Road to the Battle Green to all but emergency traffic for the Patriots’
Day morning parade on Saturday, April 19, 2025. Closure of Massachusetts Avenue from approximately
#409 (Lexington Toyota) westerly to Bedford Street, Bedford Street to Harrington Road, Harrington Road
to Worthen Road, and Worthen Road to the Town Pool parking lot for the afternoon parade.
Use of the Battle Green on Saturday, April 19, 2025, from 12:00pm to 6:00pm for the purpose of holding
Patriots' Day-related ceremonies following the morning parade.
DOCUMENTS: Historical Society_LMM_ Letter Paul Revere Ride Road Closure, LMM Patriots Day
Letter 2024, TCC Email 2025 Patriots Day Parade_Redacted, Lions Club Event Letter
4. Approve: Battle Green Permit - Historical Society: Annual Children's Reenactment
Annual Children's Reenactment - Saturday, April 26, 2025
To approve the request of the Lexington Historical Society to use the Battle Green on Saturday, April 26,
2025, from 10:00am to 2:00pm for the purpose of their annual Children's Reenactment of the Battle of
Lexington.
DOCUMENTS: Childrens_Reenactment_Schedule
5. Approve: Battle Green Permits - William Diamond Junior Fife and Drum Corps
Lexington Tattoo - Friday, May 2, 2025
Lexington Muster Parade - Saturday, May 3, 2025
To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on
Friday, May 2, 2025, from 6:00pm to 8:30pm for the annual Lexington Fife and Drum Tattoo as part of
the Lexington Muster weekend, and to further approve the Parade Corps to march down Massachusetts
Avenue towards the Battle Green for the annual Lexington Fife and Drum Tattoo starting at 7:00pm.
To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on
Saturday, May 3, 2025, from approximately 11:00am to 12:30pm for the purpose of lining up for the
Lexington Muster Parade, and to further approve Corps Members parading down Massachusetts Avenue
towards Hasting Park for the Lexington Muster starting at 12:00pm.
DOCUMENTS: 2025_Muster_Parade_Route_map
6. Approve: One-Day Liquor Licenses - Galaray House: First Friday(s), After Hours Wine Night
'First Friday' Monthly Art Shows - February 7, 2025, March 7, 2025, April 4, 2025, May 2,
2025, and June 6, 2025
After Hours Wine Night - February 27, 2025
To approve 6 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve
wine from 5:00 pm to 8:00 pm on Friday, February 7, 2025, March 7, 2025, April 4, 2025, May 2, 2025,
and June 6, 2025, at their 'First Fridays' Event showcasing art from local residents, and from 6:00 pm to
9:00 pm on Thursday, February 27, 2025, for their 'After Hours Wine Night' event.
7. Approve: One-Day Liquor License - Historical Society: Annual Tavern Night
Tavern Night - Saturday, February 15, 2025, from 5:00 - 7:00 pm
To approve a One-Day Liquor License for the Lexington Historical Society to serve beer and wine at
Buckman Tavern, 1 Bedford Street, for the purpose of "Tavern Night" on Saturday, February 15, 2025,
from 5:00pm to 7:00pm.
8. Review and Approve Response to Liquor License Compliance Check
Bermans 55 Massachusetts Avenue
Vinebrook Bottle Shop 131 Massachusetts Avenue
To approve and authorize the Select Board Chair to sign the letters to be sent to Berman and Vinebrook
Bottle Shop, informing them of the actions to be taken regarding the liquor license violations found
during December 18, 2024, compliance checks conducted by the Lexington Police Department.
DOCUMENTS: 1st Offense Letter - Bermans, 1st Offense Letter - Vinebrook Bottle Shop
9. Approve Select Board Committee Appointment - Fund for Lexington
Lester Savage as the Trustees of Public Trusts Member
To appoint Lester Savage as the Trustees of the Public Trusts Member on the Fund for Lexington Board
10. Approve New 5-Year Lexpress Contract with M&L Transit
To approve the award of the Lexpress contract for a five-year term with two optional one-year extensions
to M&L Transit and further to authorize the Town Manager/Comptroller to execute any associated
contract documents.
DOCUMENTS: Lexpress RFP, M&Lwritten proposal, M&Lfeeschedule,
ContractforExecutionM<ransit
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda, aside from Item #3 regarding the Lions Club.
CONSENT AGENDA
3. Approve: Patriots Day 2025 Requests
Lexington Lions Club: 111th Annual Patriots' Day 5-Mile Road Race - Saturday April 19,
2025
To approve the Lions Club of Lexington Battle Green Permit and road closure requests for their
respective Patriots’ Day events, as follows:
Lions Club of Lexington, Inc.:
The Lions Club of Lexington, Inc. to hold the 111th Annual Patriots’ Day 5-Mile Road Race on Saturday,
April 19, 2025 with an awards ceremony on the Battle Green at the conclusion of the road race from
approximately 9:15am to 10:15am. Massachusetts Avenue from the Battle Green to Marrett Road to
Lincoln Street and back to the Battle Green be closed to all but resident emergency traffic from 8:00am to
approximately 10:15am for the road race.
DOCUMENTS: Historical Society_LMM_ Letter Paul Revere Ride Road Closure, LMM Patriots Day
Letter 2024, TCC Email 2025 Patriots Day Parade_Redacted, Lions Club Event Letter
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent
Agenda item for the Lions Club.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Liquor License Package Store Transfer Application - Neillio's Wine and Spirits: 55 Bedford
Street
Mr. Lucente opened the hearing at 6:51pm.
Mr. Lucente explained that the Select Board office has received all the necessary paperwork from 55
Bedford Street LLC., d/b/a Neillio’s Wine and Spirits requesting a transfer from 55 Pearl Investment
d/b/a Whisky & Wine liquor license located 55 Bedford Street, and naming Kevin P. O’Neill to be the
Manager on Record. Additionally, 55 Bedford Street LLC, d/b/a Neillio’s Wine and Spirits is requesting a
pledge of the license and a pledge of inventory for their bank loan. For many years, the previous liquor
licenses awarded at this address have been given the following allowable hours of operation and applicant
would like to have the same hours of operation on its license if the Board is so inclined:
Monday through Saturday: 8:00 a.m. to 11:00 p.m. Sunday: 10:00am to 9:00 p.m.
Mr. Lucente closed the hearing at 6:52pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the transfer of
liquor license at 55 Bedford Street, from 55 Pearl Investment d/b/a Whisky & Wine to 55 Bedford Street
LLC., d/b/a Neillio’s Wine and Spirits (for the hours as requested: Monday through Saturday 8:00am to
11:00pm and Sunday 10:00 am to 9:00pm), to approve a pledge of license and pledge of inventory and to
approve the manager on record to be Kevin P. O’Neill and further, once the transfer application has been
approved by the ABCC, issue a license to 55 Bedford Street LLC., d/b/a Neillio’s Wine and Spirits.
DOCUMENTS: Liquor License Transfer Application
3. FY2026 Town Manager's Preliminary Budget & Financial Planning
Carolyn Kosnoff, Assistant Town Manager for Finance, provided a brief overview of the Town Manager's
FY2026 Preliminary Budget & Financing Plan (White Book). A full presentation of the preliminary
budget will be presented to Summit participants on Thursday, January 30, 2025 at 7pm.
The Town Manager's FY2026 Preliminary Budget & Financing Plan is attached here and also available
on the Town's website: https://lexingtonma.gov/2250/2026-Budget
Ms. Kosnoff explained that, at the last summit in November, the budget was showing a deficit in both the
School and Municipal Departments regarding what was requested to what was available in revenue. Since
that time, the deficit for both the School and Municipal budgets has been closed.The original revenue
allocation showed a 3.5% increase in revenue for FY26 available for operations. There is currently a 3.9%
increase overall. This adds approximately $7.5M to the operating budget for FY26, which is split $5.5M
to the School Department, and $1.9M to the Municipal Departments.
DOCUMENTS: FY2026 White Book Presentation_1.27.25 FY2026 Preliminary Budget & Financing
Plan (White Book)
EXECUTIVE SESSION
1. Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property- Parcel 68-44
Located on Lowell Street
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 7:24pm that
the Board go into Executive Session under Exemption 6: To Consider the Purchase, Lease, Exchange,
Value of Real Property - Parcel 68-44 Located on Lowell Street. Further, Mr. Lucente declared that an
open meeting discussion on this item may have a detrimental effect on the bargaining position of the
Town.
The Select Board exited Executive Session at 7:52pm and reconvened to open session.
ITEMS FOR INDIVIDUAL CONSIDERATION
2. Approve Land Disposition Agreement for Parcel 68-44 Located on Lowell Street
Chair of the Affordable Housing Trust, Elaine Tung, explained that, after months of negotiation, an
agreement has been reached with the developer, Causeway Development LLC, for the disposition parcel
68-44 on Lowell Street. As in keeping with the RFP, this property will be 100% all affordable, with 40
units for tenants with an area median income (AMI) from 30%-80%, with an average of less than 60%
AMI.
Town Counsel Makarios explained that most of the negotiation centered around how to best capture the
affordability requirement in perpetuity for a project that will be built on land that, at some point, is not
owned by the Town.
Mark Lang, 2 Opie Circle, stated that neighbors have been kept in the dark regarding this project as all
discussion have been held in Executive Session. He expressed disappointment that the Board will be
voting on this item this evening without the neighbors first reviewing it. This has been and will be an
ongoing issue regarding a project that will have a large impact in a sensitive area.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Land Disposition
Agreement for Parcel 68-44 Located on Lowell Street and authorize the Town Manager to sign and
execute the document.
4. FY2026 Fee Schedule for Recreation & Community Programs
Melissa Battite, Director of Recreation & Community Programs, stated that there are no changes to the
field permits and the Community Center fees this year.The remaining increases are all within the
Recreation Division and/or the golf course.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the FY26
Recreation and Community Program fee schedule as presented.
DOCUMENTS: Recreaton Annual Fee Schedule Request
5. Update on Bedford/Hartwell 25% Design
Meghan McNamara, Assistant Planning Director; Ross Morrow, Assistant Town Engineering; and Trish
Domigan and Laura Castelli, VHB, made a presentation to the Board regarding Bedford Street and
Hartwell Ave road reconstruction design project. Also, the preferred alternative for each road, the funding
sources, and implementation schedules were presented.
Ms. Hai stated that the creation of medians and protected bike lanes is important to this project. She asked
how much public feedback has included property owners along Hartwell Ave. Trish Domigan noted that
there is a 100’ wide right of way along Hartwell Ave and the intention is to create items for the project
within this area. Property owners will continue to be worked with on the details of the project.
Mr. Pato asked if the raised medians will include some combination of rumble strip areas and non-
traversable median areas. Ms. Domigan explained that noise concerns will need to be considered, along
with areas for plantings or green spaces. The non-traversable islands will need to include more than
simply rumble strips.
Ms. Barry asked about the differences between a sidewalk and a sidepath. Ms. Domigan stated that a
sidewalk is 5’ wide and a sidepath is 10’wide. A sidepath can accommodate bicycles and pedestrians and
would be elevated. A sidewalk plow could plow a sidepath.
Mr. Sandeen expressed support for this project. He stated that the separated and protected bike lanes and
sidepaths will aid in pedestrian and bicyclist safety.
Avram Baskin, 43 Carville Avenue, Town Meeting Member Precinct 2, and Monuments & Memorials
Committee, stated that, as a cyclist, he appreciates protected lanes but asked the intention regarding a
complicated affordance on Bedford Street to get cyclists onto Hartwell Avenue when the Minutemen
Bikeway directly parallels Bedford Street. He asked why additional money is being made for these
affordances, when the Minuteman Bikeway could be utilized. Ms. Domigan stated that one of the specific
State standards which has to be met is the Healthy Transportation Policy, which means that mobility for
all users of the public way has to be met. Mass DOT would typically like to see bike accommodations on
both sides of the roadway, but as there is a constrained right of way on Bedford Street and the intention is
to minimize the right of way takings along it, the suggestion is for a separated side path on the south side
of Bedford Street.
Jay Luker, Precinct 1 Town Meeting Member, expressed disappointment in the design for this project, as
it appears to prioritize and focus on vehicle travel. This design is not compatible with the goals expressed
in the Comprehensive Plan on Multimodal Mobility or the Vision Zero plan. He noted that he has never
heard of a three-lane roundabout, and this indicates a high level of volume.
There was agreement by the Board to put this on the agenda for the February 3, 2025 meeting.
DOCUMENTS: Bedford-Hartwell 25% Memo, Bedford-Hartwell Complete Streets_Presentation
The Board took a brief recess.
6. Approve and Sign 2025 Annual Town Meeting Warrant
Kelly Axtell, Deputy Town Manager, stated that there are currently 34 articles for inclusion in the 2025
Annual Town Meeting Warrant.
Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member, asked about the budget
amount listed in Article 9 and inclusion of a new full-time position. There will be increased revenues in
this budget, available as July 1st, in order to be utilized. Ms. Kosnoff noted that the budget limit was set as
recommended by the Department.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the 2025 Annual
Town Meeting warrant as presented and authorize staff to make non- substantive edits as needed.
DOCUMENTS: 2025 Final warrant. 1.27.25 445pm
7. Presentation - 2025 ATM Warrant Article - FY26 Community Preservation Committee (CPC)
Operating Budget and Projects
Marilyn Fenollosa, Chair of the Community Preservation Committee, presented on this Warrant Article -
Appropriate The FY2026 Community Preservation Committee Operating Budget And CPA Projects
a. Cotton Farm/Community Center Connector – $300,000
b. Simond’s Brook Conservation Area Trail Design & Engineering – $75,000
c. Document Conservation – $21,000
d. Hancock-Clarke House Roof Replacement – $57,800
e. Affordable Housing Trust Funding– $3,000,000
f. LexHAB Affordable Housing Support, Restoration, Preservation, and Decarbonization – $494,140
g. Park and Playground Improvements – Center Playground – $1,490,000
h. Park Improvements – Athletic Fields - Harrington – $3,197,904*
i. Lincoln Park Field Improvements #3 – $1,950,000*
j. Administrative Budget – $150,000
Ms. Hai asked about the Cetner playground and how the laydown area for the High School construction
may impact this. Ms. Battite stated that she has been informed that the section of playground in question
will not be touched. The playground will not live through the life of the construction, as it is already
deteriorating. Community outreach regarding the construction for the park is starting now. This project
will likely occur into the spring of 2026.
Mr. Pato expressed concern regarding the playground improvements at Maple Street at the proposed
funding level coming out of CPC. It may be hard to find money in the general fund to complete the
project in the future after a particular direction has already been committed to.
DOCUMENTS: Article 10 CPC projects, Article 10 CPC article text
8. Presentation - 2025 ATM Warrant Article - (Citizens Petition) Accurate Reporting on the
Negative Aspects of Lithium-Ion Batteries
Avram Baskin presented this Citizens Petition. He expressed that the Town should continue transitioning
off fossil fuels. He stated that while lithium-ion batteries may be considered green, clean, and healthy,
lithium-ion batteries do a disservice to marginalized and indigenous communities around the world that
are negatively impacted by the mining and other activities that have to do with these batteries.
Mr. Pato suggested reducing some of the depth of the language included in the Article in hopes of making
it more understandable for voters. Mr. Baskin thanked Mr. Pato for his feedback and noted that he will
consider scaling the language back.
Mr. Sandeen stated that the presentation notes that the posters used at Town Meeting mentioned “quiet,
clean, healthy” as describing lithium ion batteries, but this was never the intention. It was the case that
Town Meeting discussed the difference between gas leaf blowers and electric leaf blowers, but not the
batteries themselves. Mr. Baskin stated that, for all intents and purposes, he felt this was how people took
the statement.
DOCUMENTS: Art 28 Lithium-Ion batteries article text, Article 28 Lithium-Ion Batteries Presentation,
Art 28 Lithium-ion batteries motion 1.23.25
9. Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions
The Board agreed not to discuss each Article at this time. There was agreement to discuss article
presenters assignments at a future meeting.
DOCUMENTS: Select Board Working Document - Positions 2025ATM
10. Discussion - Special Town Meeting 2025-1 and STM Article 2 - Amend Section 7.5 of the
Zoning Bylaw to Reduce Multi-Family Dwelling Unit Capacity
Carol Sacerdote presented this citizen petition article. She explained that she is in favor of Lexington
doing it’s share to tackle the issues of both housing supply and affordability, and the proposed motion is
in harmony with these goals and complies with the MBTA Community Act. The motion also
recommends a process for managing the growth that occurs with rapid development. While the MBTA
Communities Act required the Town to create an additional housing capacity of 10%, the Town went way
beyond that, not realizing that the new bylaw would bring in massive development in a short time. The
Town has achieved a great success in creating capacity for housing that will alleviate the shortage in the
Boston area, but the intention is to slow down the rapid growth to a level that can be absorbed in order to
do planning for future growth. The revised motion pares down the allowable districts so that there will
only be 77.7 acres available instead of 228 for this development. There will continue to be multi-family
housing across the Town. Another important aspect of the motion is the explicit density limit of 15
dwelling units per acre in the MBTA zones, rather than an implicit limit that was embedded in bylaw 7.5.
It is expected that the reduction in acreage and the explicit density limit together will slow down growth
for the time being but not stop it.The second part of the motion is a resolution to ask the Select Board to
create a broadly representative process engaging the whole community to evaluate and study the financial
and other impacts of bylaw 7.5 on Town services, such as infrastructure, residents, and businesses, and
hopefully bring the Town to a consensus and not to a point of division. Additionally, the planning board
is asked to consider appropriate means to manage responsible growth in housing going forward,
including, but not limited to, a reexamination of the appropriate number and size of overlay, district
setbacks, height limits, density limits, and parking requirements.
Mr. Pato stated that he supports this proposal in principle. He believes that an appropriate action is to
adjust zoning so that the Town is compliant with State law but also allowing for greater control moving
forward. The zoning was enacted not just because of the MBTA Zoning Act, but because of significant
discussions with Town residents about the desire for a variety of housing options in the community.
Ms. Hai asked about work being done to prove that the 15% affordable housing proposed is still feasible
with the smaller zones and with the density cap. The proponent suggested that this could be looked at
more in-depth when there is a pause as suggested.
Mr. Sandeen stated that he would like to see more information regarding how many people have frozen
their properties. He would also like to hear from the Planning Board on this item.
DOCUMENTS: working motion 1.22.25 clean, working motion 1.22.25 redlined
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 10:18 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
Finance Summit
Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee,
January 30, 2025
The Finance Summit was called to order by Select Board Chair Doug Lucente at 7:01 p.m. on Thursday,
January 30, 2025, via a hybrid meeting platform in Estabrook Hall, Cary Memorial Building, 1605
Massachusetts Avenue.
Present for the Select Board (SB): Mr. Lucente, Chair; Mr. Pato; Ms. Hai; Mr. Sandeen, and Ms. Barry,
as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Kosnoff, Deputy Town
Manager for Finance; Ms. Impink, Budget Officer; and Ms. Katzenback, Executive Clerk
Present for the School Committee (SC): Ms. Jay, Chair; Ms. Sawhney; Ms. Cuthbertson; Ms. Lenihan;
and Mr. Freeman
Present for the Appropriation Committee (AC): Mr. Padaki, Vice Chair; Mr. Bartenstein; Mr. Levine; Mr.
Ahuja; Mr. Osborne; Ms. Verma; and Ms. Yan
Present for the Capital Expenditures Committee (CEC): Mr. Lamb, Chair; Mr. Kanter; Ms. Beebee; and
Ms. Rhodes
Also Present: Dr. Hackett, Superintendent of Schools; and Mr. Coelho, Assistant Superintendent for
Finance and Operations
ITEMS FOR INDIVIDUAL CONSIDERATION
1. FY2026 Preliminary Budget and Financing Plan
Carolyn Kosnoff, Assistant Town Manager for Finance, presented the Town Manager’s preliminary
recommended budget and financing plan. The White Book is published several weeks before finalizing
the budget in order to receive input. She explained that the revenue allocation model at Summit II
projected $6.7M of new revenue to add to the budget in FY26. At Summit III, this amount is being shown
at $7.46M. This is a $764,000 increase, or 3.9% over last year. At Summit II the municipal departments
and the school department originally requested 5% for the school department and 4.9% for the municipal
departments, which both represented significant shortfalls from what revenue was actually available.
Between new revenue available and other adjustments to the budget, at this point the recommendation is
for a balanced budget. This is a 3.9% increase, but the gap has been closed on both sides. There is overall
a 6% increase in total revenues and a 6% increase in total expenditures. Free Cash is currently projected
at approximately $23M.
Regarding the municipal departments, overall, this budget is proposed to increase 3.5% or a $1.7M increase
over the current year. In terms of balancing the municipal budget, one continued topic of discussion is the lack
of a lot of surplus revenue in order to fund program improvements. In order to balance the budget, the Town
Manager's budget was reduced by $47,613; a better portion of which was the management analyst salary which
will be deferred again. Some programs which have been discussed and will continue to be supported in the
budget include the composting program, a renegotiated contract for the Lexpress bus service, and a contract
with Lex Media. There are also some items that the Town Manager has elected to fund for FY26, including
a one-time appropriation for a solar study to assess the suitability of putting solar canopies in the Town's
parking lots, and pruning and/or removal of street trees that are dead or hazardous. Regarding the program
improvements, through this budget cycle, the municipal departments requested $2.3M in new programs,
$2M of that was from the general fund, and $272,000 was from non-general funds. The Special Education
Reserve Fund was originally proposed at $500,000 and this has been increased to $700,000.
Ms. Kosnoff reviewed the breakdown of the types of capital projects that were requested for FY26, which
all came from a five-year capital plan. The largest by far is the $654M excluded debt project, which is the
Lexington High School. This year, there was not enough cash to do all of the projects. It was decided it
would be prudent to not take on any more debt for regular projects for a year. The intention is to defer a
few projects including the cemetery columbarium, part of the Harrington Fields project, the public
parking lot project, part of the new sidewalk installation project, and one IT project.
Regarding the Lexington High School project and debt service, the overall total project cost for debt
service has not changed in any material way since November. Regarding the plan for Central
Administration, the intention is to demolish the 146 Maple Street Central Building and have the Central
Administration staff move into 173 Bedford St and then the new High School at completion. $6M has
already been allocated to renovate 173 Bedford Street and this is currently out to bid. In this budget, there
is a request for $3.5M for the Central Admin 146 Maple Street demolition. Also built into the budget, was
$3.2M, originally $6.2M for the Harrington Fields construction. Of that amount, $1.2M is from CPA and
$2M is from general fund. The Harrington Fields project is still early in the design phase and the public
outreach and comment phase. The intention is to move forward with the $1.2M allocated from the CPC in
order to continue with the design and construction documents and potentially have some extra set aside to
be used for site work. The recommendation is to not move forward with the general fund piece of this yet,
until the final project and cost estimate is known.
Dr. Hackett explained that the original school budget request was for 4.98% increase and this required
approximately $2M in reductions needed to get to that 4.98%. This is not a level service budget; it is a
balanced budget. This will require consolidations of classrooms and a budget freeze. Professional
development and expense lines have also been reduced. The Schools are doing everything they can to
avoid an override.
DOCUMENTS: White Book Presentation FY2026_
2. Capital Expenditures Committee - Preliminary Report: FY2026 Proposed Capital Projects
Charles Lamb, CEC Chair, reviewed the preliminary report. He explained that Fire and Rescue has seen a
significant uptick in equipment prices, as well as long post pandemic delivery times of up to four years from
contract to delivery. The Department, per CEC recommendation, have accelerated their replacement schedules
to compensate for these long lead times. It will cost more for the Departments to do their jobs. Secondly,
historically, it has been the CEC’s budget policy to use Community Preservation funds for any eligible projects
to the extent allowable. The Affordable Housing Trust has an available unspent balance of $3.5M, of which
$953,000 is from FY24 and $2.5M is from FY25. The proposed FY26 CPC allocation to the Trust is $3M and
the Trust anticipates transferring that money to LexHAB for the Vine Street project, with another $3M request
in FY27 also for Vine Street. The CEC has been discussing with the Chair of the CPC whether it may be
prudent for the Committee to give up the liquidity of the entire recommended FY26 appropriation at Annual
Town Meeting or instead hold some back until the Fall Special Town Meeting, during which time another
equally worthy project may be found. Third, regarding the $645M for the FY26 appropriation to the Lexington
High School Project, it is well understood that the SBC has selected the Bloom option and is using the
previously appropriated $10M of D&E funding towards completing schematic design in time for a Fall 2025
debt exclusion, at which point there will be more refined cost estimates. It is also common knowledge that the
Bloom option anticipates and requires an Article 97 swap. In the fall of 2025, the Select Board will need at
least four members to vote in favor of a debt exclusion. Without that ratification, the project will stop dead in
its tracks with a large portion of the existing $10M appropriation wasted. If Select Board members have
significant objections to Bloom, then they need to make those objections known between now and February
14th.
Mr. Levine (AC) stated that it would be good to discuss why the Free Cash amount is so increased this
year. Also, while he supports the Bloom option, there should be additional discussion on it. The Old
Harrington building should not be demolished until there are two prerequisites met. The first is a
successful debt exclusion vote for the High School. The second is full funding for whatever fields will be
built there. It may make sense to take more within the levy revenue to put towards debt service for the
High School.
Ms. Kosnoff stated that, regarding the demolition of the Central Administration building, a revised
timeline was proposed which would allow for the demolition to wait until information if the debt
exclusion was going to pass is obtained. There would be better pricing if demolition occurred over the
winter. Also, regarding projections for the High School, interest earnings could further offset the debt
service.
Mr. Osborne (AC) stated that deferring or eliminating some potential projects may need to occur, as
priorities have changed.
Ms. Jay (SC) stated that, regarding a level service budget, it is important to discuss not just what is being
removed but also that the budget should be increased as needed for important things. For example, in
special education, in FY25 there were 25 new FTE added to support special education students. These
positions are then built into the FY26 budget so that the services can continue.
Ms. Lenihan (SC) asked about the timeline with regard to demolition of the Old Harrington building and
building the fields. Mr. Bartha stated that in an ideal world, there would be $6.2M set aside to go through
the planning process to determine what type of fields the community wants at Harrington. Through the
CPC process this year, there is just over $3M available between the general fund and the CPC for that
project. By delaying and setting aside some funds, there is an opportunity to complete the outreach
process and determine what the community wants to see and then try to fully fund the project through
next year's CPC and budget process. Ms. Kosnoff explained that Community Preservation funds have
restrictions as to what they can be used for. They can be used for recreational fields, but not turf. The
total appropriation requested as a worst-case scenario estimate, without plans, including synthetic turf
fields and lighting, was $6.2M. Out of that amount, $4.2M was identified to qualify for CPA funds and
$2M would not. Therefore, the total request was $4M from CPA funds, and $2M from the general fund.
The issue is that, if in the future the Town wants to upgrade from the grass fields, funding would have to
come from the general fund again.
Mr. Boutwell, Recreation Committee, stated there will be an open design process to determine what type
of field is designed. The intention was to accelerate this project to align with having a field completed
before shovels went in the ground and Center fields were lost. The $6.2M is a placeholder. If synthetic
turf was chosen, that would be a placeholder for sufficient funding, but it is unclear what the community
will choose.
Ms. Jay (SC) stated that there seems to be a perception that the Schools get 74% of the total Town
revenue for the operating budget. The 74% is applied after removing all of the shared expenses.
According to the report, the Schools are getting 48% of the Town's total revenue to work with for their
operating budget. Ms. Kosnoff stated that this is difficult to say in terms of the revenue. 48% of the
Town's expenses are the School's operations budget. But when reviewing the total amount that it costs to
keep the Schools running, it is closer to the 74% which is through the revenue allocation model. Ms. Jay
noted that the money that the School District has to work with for their operating expenses is the expense
line, which in the pie chart is 48%.
Ms. Sawhney (SC) stated that improving the collaboration between the school and municipality would be
very helpful, may save money, and also maximize the impact of investments.The School Committee and
the Select Board are elected committees or boards and have a direct responsibility to the people of
Lexington. The School Building Committee is an appointed committee and has a similar responsibility as
an extension. The groups need to come together individually and collectively to express support for the
High School project, and to voice any concerns as a group. Town Hall meetings could be useful.
Mr. Sandeen (SB) explained that on January 27, 2025, the Select Board approved the land disposition
agreement which encumbered $500,000. Regarding the Affordable Housing Trust doing buy downs, in
the MBTA zoning there is an opportunity to convert market rate units to affordable units.
Mr. Pato (SB) stated that the report displayed a significant change in how taxpayers can perceive the
impact of the High School project because it lays out that this is not an increase in tax payments as a cliff,
but it is instead stretched out over a ten-year period, at a small amount each year. By having the
Affordable Housing Trust apply their funds to convert existing development, this will ease a bit of the
pressure on increasing development. He echoed the comments made regarding supporting the High
School project and voicing any concerns.
Mr. Lucente (SB) stated that he believes the groups have a duty and an obligation to provide taxpayers
and the people voting on the High School project with every ounce of information to make an informed
decision. He does not believe the Bloom option is the best one but acknowledged that there is a lot of time
to understand the details and costs of the project. Regarding the Affordable Housing Trust, the intention is
to give some funding to allow work to move forward, however there also need to be very clear housing
goals for the Town.
ADJOURN
Mr. Lucente recognized Ms. Barry and Ms. Sawhney for their years of service.
Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at
9:11p.m. The Appropriation Committee, Capital Expenditures Committee and School Committee
followed suit.
A true record; Attest:
Kristan Patenaude
Recording Secretary
SELECT BOARD MEETING
Monday, February 3, 2025
A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, February 3,
2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Barry, and Ms. Hai,
were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms.
Katzenback, Executive Clerk.
PUBLIC COMMENTS
Bob Pressman, 22 Locust Avenue, stated that, on January 10, 2025, the Town sent to the White House an
invitation to President Trump for the Town of Lexington 250th Celebration events taking place on April
19, 2025. He expressed that he feels there are many circumstances justifying a decision to not extend an
invitation to this particular president.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Announcements and Liaison Reports
Mr. Sandeen stated that he received a note today from the Hanscom Air Force Base liaison to the
Hanscom Area Towns Committee community, stating that a significant number of base personnel
currently teleworking will be required to return to in-person work no later than Thursday, February 6,
2025. This in turn will dramatically increase the number of personnel commuting to the Base and will
likely result in delays and congestions on Hartwell Avenue during peak commute times.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Bartha did not have anything further to add to the report that was included in the meeting packet.
DOCUMENTS: 1-10-25, 1-17-25
CONSENT AGENDA
1.Approve Select Board Minutes
To approve and release the following minutes:
November 20, 2024, Financial Summit
December 16, 2024, Select Board
January 6, 2025, Select Board
January 13, 2025, Select Board
DOCUMENTS: DRAFT 11202024-Financial Summit Minutes, DRAFT 12162024 Select Board
Minutes, DRAFT 01062025 Select Board Minutes, DRAFT 01132025 Select Board Minutes
2. Water and Sewer Adjustments
Water & Sewer Adjustments per WSAB 12/13/24
To approve the Water & Sewer Adjustments per WSAB 12/13/24 for the total amount of $16,466.77
DOCUMENTS: SB2-3-25WSAdj
3. Approve: One-Day Liquor License – Munroe Center for the Arts
Seasonal Suites Community Gathering - February 7, 2025, from 7:00 - 9:00 pm
To approve a One-Day Liquor License for the Monroe Center for the Arts, 1403 Massachusetts Avenue,
to serve beer and wine from 7:00 pm to 9:00 pm on Friday, February 7, 2025, for their Seasonal Suites
Community Gathering.
DOCUMENTS: Monroe Event Diagram
4. Approve Bedford/Hartwell Complete Streets Reconstruction Project to Advance to 25% Design
To approve advancement of the Bedford/Hartwell Complete Streets Reconstruction Project Concept
Design, as presented at the January 27, 2025, Select Board meeting to 25% design.
DOCUMENTS: Proposed Concept Presentation Bedford- Hartwell_Complete_Streets_1.27.25_
5. Approve and Sign Local Initiative Program (LIP) Application for Local Action Units for at 89-
91-93 Bedford Street
To approve the Local Initiative Program application (LIP) for the Local Action Units located at 89-91-93
Bedford Street and further to authorize Select Board Chair to sign the LIP application form.
DOCUMENTS: LIPApplication for Local Action Units - Bedford Street
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discussion – Special Town Meeting 2025 – 1 Select Board Article Discussion and Positions
Mr. Lucente read a statement regarding this item.Tonight, the Board is convening Special Town Meeting
2025-1 in response to a valid Citizen Petition received on December 23, 2024. Under Massachusetts law,
the Select Board is required to call a Special Town Meeting within 45 days. The petition seeks to amend
Section 7.5 of the Zoning Bylaw to limit and prohibit construction of multifamily housing in the current
Village and Multifamily Overlay Districts by removing some areas from the districts and limiting the
number of dwelling units permitted in the remaining areas to 15 dwelling units per acre, and to allow time
to further study the impacts of Lexington MBTA Community Zoning. However, because this is a zoning
matter, there are additional legal requirements that must be met before Town Meeting can act, including a
Planning Board public hearing and report to comply with those requirements. Tonight, at the Special
Town Meeting (STM) session, it is intended that only action that will be take will be to adjourning STM
to Monday, March 17, 2025. This ensures that the necessary Planning Board process can take place, and
that Town Meeting has the information required to make an informed decision. The Board recognizes this
issue is of great concern to many in the community and assures the public that the Board is taking these
concerns seriously. The developments being proposed under the MBTA Zoning Law present challenges
for Lexington, particularly in terms of municipal services, school capacity, and infrastructure. The
upcoming discussion in March will be critical in determining how to move forward in a way that balances
State requirements with Lexington long-term needs. He encouraged all Town Meeting Members and
residents to stay engaged in the process. The Planning Board will be holding its virtual public hearing in
accordance with the provisions of MA General Law, Chapter 48 Section five, on Wednesday February 12,
2025, and a second night on Wednesday, February 26, 2025, to consider the proposed amendments.
DOCUMENTS: Clean version STM Art 2, Redlined Motion STM Art 2
2. Presentation – 2025 ATM Warrant Article – Prohibition of Second-Generation Anticoagulant
Rodenticides (Citizen Petition)
Marci Cemenska presented an overview of this Citizen Petition.
Mr. Sandeen asked what will change if this petition is passed. Ms. Cemenska stated that the Town could
then pass a bylaw to specify any prohibitions or restrictions around this item.
DOCUMENTS: Art 24 Authorize The Town Of Lexington To Prohibit Or Restrict the application Of
Second-Generation Anticoagulant Rodenticides (Citizen Petition) motion, Art 24 presentation
3. Discussion and Determination – The Historic Districts Commission Certificate of
Appropriateness for the Lex250 Monument
The Board discussed the Historic Districts Commission (HDC) Certificate of Appropriateness (CofA) for
the 250th Monument and potential next steps. The Board thanked the proponents of the Lexington 250th
Monument, and the Historic Districts Commission and everyone who is a stakeholder in this project.
Mr. Lucente explained that the 250th Monument was not the result of an affirmative vote by the HDC.
Instead, it became effective by default due to the 60-day rule, which states that if the HDC does not issue
a formal determination within 60 days of the application being deemed complete, the CofA is
automatically approved. The HDC held multiple public hearings, including a special meeting in
September, to accommodate the proponents and seek a compromise. However, the application remained
incomplete, and the HDC could not reach a formal decision within the 60-day window. The default CofA
approval occurred despite the HDC’s efforts to engage with the proponents and address some HDC
member concerns about the incompleteness of the application.
After some discussions with the proponents, the proponents have now voluntarily decided to return to the
HDC for a formal vote. This means that the Select Board does not need to make a determination this
evening on the existing CofA. The Board will be kept apprised if there any action that may be needed of
the Board.
4. Discussion – Bicycle Advisory Committee Memo Regarding Safety Recommendations on
Worthen Road
Mr. Bartha explained that the Board received the memo from the Bicycle Advisory Committee raising
some well-placed concerns regarding a series of bicycle and car interactions, specifically involving
children, in the last couple of months. As a next step, it would be appropriate to ask the Assistant
Planning Director to engage with the Bicycle Advisory Committee and to bring this matter to other
committees that may want to weigh in and problem solve.
Ms. Hai asked for a supplemental analysis regarding the interim steps in this process.
DOCUMENTS: 2025.01.27 LBAC Letter to Select Board
5. Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions
The Board took preliminary positions on several of the 2025 Annual Town Meeting articles:
Article 10 Appropriate The FY2026 Community Preservation Committee Operating Budget And CPA
Projects – Mr. Lucente is a Wait, Mr. Pato, Ms. Hai, and Mr. Sandeen are Yeses
Article 22 Select Board To Accept Easements – All Board members taking a position are Yeses
Article 23 Dispose Of 116 Vine Street – Mr. Lucente is a Wait, Mr. Pato, Ms. Hai, and Mr. Sandeen are
Yeses
Article 24 Authorize The Town Of Lexington To Prohibit Or Restrict The Application Of Second-
Generation Anticoagulant Rodenticides (Citizen Petition) - All Board members taking a position are
Yeses
Article 28 Accurate Reporting On The Negative Aspects Of Lithium-Ion Batteries (Citizen Petition) –
Mr. Lucente is a Yes, Mr. Pato, Ms. Hai, and Mr. Sandeen are Waits
DOCUMENTS: Select Board Working Document - Positions 2025ATM
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 6:50 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Accept Select Board Committee Resignation
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.8
SUMMARY:
Category: Decision-Making
Resignation:
Historic Districts Commission
The Select Board is being asked to accept the resignation of Robert W. Adams from the Historic Districts
Commission, effective immediately.
SUGGESTED MOTION:
To accept the resignation of Robert W. Adams from the Historic Districts Commission, effective immediately.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
Robert Adams Resignation - Redacted Backup Material
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Water and Sewer Commitments and Adjustments
PRESENTER:
Doug Lucente, Select Board Chair
ITEM
NUMBER:
C.9
SUMMARY:
Category: Decision-Making
Water & Sewer Commitments Cycle 9 Dec 2024 $ 286,776.44
Water & Sewer Commitments Finals Dec 2024 $ 4,272.36
Water & Sewer adjustments per WSAB 1/9/25 ( $ 40,537.83)
SUGGESTED MOTION:
to approve:
Water & Sewer Commitments Cycle 9 Dec 2024 $ 286,776.44
Water & Sewer Commitments Finals Dec 2024 $ 4,272.36
Water & Sewer adjustments per WSAB 1/9/25 ( $ 40,537.83)
Move to approve the Consent
FOLLOW-UP:
Treasurer / Collector
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
4053783 Cover Memo
427236 Cover Memo
286776.44 Cover Memo
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Amended Lexington Human Rights Committee Charge and Amend Appointments
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
C.10
SUMMARY:
Category: Decision-Making
At their December 16, 2024 Select Board Meeting, the Select Board reviewed and made some suggestions for
the draft updated Lexington Human Rights Committee charge at that time.
The charge included in tonight's packet reflects the suggestions.
Generally, the changes to the the updated charge are:
change membership from 9 to 7 members
add quorum requirements;
to make Town staff to be liaisons to the committee
The following current members will be switched to be liaisons:
Dana Bickelman - Human Services Liaison
Larry Freeman - School Leadership Liaison
Colleen Dunbar - Police Liaison
SUGGESTED MOTION:
To approve the amended Lexington Human Rights Committee charge and amend the appointments
accordingly.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025
ATTACHMENTS:
Description Type
LHRC - Lexington Human Rights Committee Charge - 02-24-2025 Backup Material
Updated Lexington Human Rights Committee Charge- Redlined Backup Material
Lexington Human Rights Committee
Members: 7
Quorum: A majority of the members then in office, but at least 3
Appointed By: Select Board
Length of Term: 3 years, staggered
Appointments Made: September 30
Mission
Supporting Lexington's vision of a community that has as core values freedom from
bigotry, hatred, intolerance, disrespect, and destructive conflict among its citizens.
Building a stronger, more unified Town that respects and recognizes both our diversity and
our commonalities.
Addressing statements and actions that conflict with the core values expressed above.
Fostering respectful, civil, public discourse and debate.
Function of the Committee
The Lexington Human Rights Committee (LHRC) shall carry out its mission, related to
the core values expressed above, through:
Public advocacy including, but not limited to, programming, educational awareness,
engagement, and collaboration with Town and community groups and
recommendations to the Select Board
Providing support to Town departments, committees, and community organizations
when requested, regarding the core values expressed above.
Referring reported civil rights complaints or concerns to appropriate government
agencies
Assisting in planning responses to groups, internal or external to the Town, which
advocate actions antithetical to the core values
The LHRC focus shall be matters that directly affect Lexington rather than matters that
are primarily of statewide, national, or international concern.
LHRC may work with like committees of other localities and with organizations with
which it shares a common purpose, and should use any available materials, advice, or
assistance from other organizations, that may be helpful in accomplishing its mission.
Among other items on the agenda shall be a review of the types of human rights related
incidents in the Town since the last meeting, regardless of whether the LHRC was
involved in responding to the incidents.
Committee Structure
Non-voting Liaisons: Select Board and School Committee liaisons are invited to
participate. The Town Manager shall select participating staff liaisons, including but not
limited to representatives from the Lexington Police Department, Human Services
Department, the Equity Office, or other senior staff. The Lexington Public Schools’
Superintendent is also invited to appoint a liaison from the district’s leadership team.
Ref. - Charge adopted by the Board of Selectmen on April 30, 2008.
Board of Selectmen voted to designate as Special Municipal Employees on April 30,
2008.
Selectmen voted to change membership from 7-11 to 9 members on October 17, 2011.
Select Board voted to change membership from 9 to 7 members; add quorum
requirements; to make Town staff liaisons; and to clarify, simplify, and align charge
consistent with current practice on February 24, 2025.
Lexington Human Rights Committee
Members: 7
Quorum: A majority of the members then in office, but at least 3
Appointed By: Select Board
Length of Term: 3 years, staggered
Appointments Made: September 30
Mission
Supporting Lexington's vision of a community that has as core values freedom from
bigotry, hatred, intolerance, disrespect, and destructive conflict among its citizens.
Building a stronger, more unified Town that respects and recognizes both our diversity and
our commonalities.
Addressing statements and actions that conflict with the core values expressed above.
Fostering respectful, civil, public discourse and debate.
Function of the Committee
The Lexington Human Rights Committee (LHRC) shall carry out its mission, related to
the core values expressed above, through:
Public advocacy including, but not limited to, programming, educational awareness,
engagement, and collaboration with Town and community groups and
recommendations to the Select Board
Providing support to Town departments, committees, and community organizations
when requested, regarding the core values expressed above.
Referring reported civil rights complaints or concerns to appropriate government
agencies
Assisting in planning responses to groups, internal or external to the Town, which
advocate actions antithetical to the core values
The LHRC focus shall be matters that directly affect Lexington rather than matters that
are primarily of statewide, national, or international concern.
LHRC may work with like committees of other localities and with organizations with
which it shares a common purpose, and should use any available materials, advice, or
assistance from other organizations, that may be helpful in accomplishing its mission.
Deleted: 5-
Deleted: e
Deleted: Refer
Among other items on the agenda shall be a review of the types of human rights related
incidents in the Town since the last meeting, regardless of whether the LHRC was
involved in responding to the incidents.
Committee Structure
Non-voting Liaisons: Select Board and School Committee liaisons are invited to
participate. The Town Manager shall select participating staff liaisons, including but not
limited to representatives from the Lexington Police Department, Human Services
Department, the Equity Office, or other senior staff. The Lexington Public Schools’
Superintendent is also invited to appoint a liaison from the district’s leadership team.
Ref. - Charge adopted by the Board of Selectmen on April 30, 2008.
Board of Selectmen voted to designate as Special Municipal Employees on April 30,
2008.
Selectmen voted to change membership from 7-11 to 9 members on October 17, 2011.
Select Board voted to change membership from 9 to 7 members; add quorum
requirements; to make Town staff liaisons; and to clarify, simplify, and align charge
consistent with current practice on [date].
Deleted: Election of Officers: The LHRC shall elect its
officers annually. ¶
¶Officers: There shall be a Chair, a Vice Chair, and a
Clerk. ¶The Chair shall preside over the meetings and shall
exercise the powers and have the responsibilities
customarily possessed by the Chairs of Town committees. ¶
The Vice Chair shall have the powers and responsibilities of the Chair when the Chair is absent or
otherwise unable to perform their duties. ¶
The Clerk shall have the responsibility of keeping minutes and other records of the LHRC and shall have
the responsibility of having notices of meetings posted as required by the Massachusetts Open Meeting Law
and any applicable Town bylaws.¶
Deleted: Staff liaisons selected by the
Deleted: are also assigned to participate
Deleted: 5-
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Hearing - Restaurant All Alcohol Liquor License Application - 27 Waltham Street - PARC
Restaurant Group Lex, d/b/a Post 1917
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
I.1
SUMMARY:
Category: Hearing
PARC Restaurant Group Lex, d/b/a Post 1917 has submitted all the necessary paperwork requesting a new
restaurant all alcohol liquor license to serve alcohol, within the allowable hours under the Select Board Alcohol
Regulations for Restaurants, at their restaurant Post 1917 located at 27 Waltham Street. The legal notice was
published in the February 13, 2025 Lexington Minuteman newspaper and the abutters were noticed by the
applicant as required. The restaurant floor plan is included in the Liquor License application.
Building, Zoning and Health Departments have reviewed this application and have no objections to the Liquor
License application. The applicant must obtain all required municipal permits for the restaurant.
The restaurant is currently undergoing renovations and is not yet open. PARC Restaurant Group Lex, d/b/a
Post 1917 will be applying for the required common victualler license. That application will be on a future
Select Board meeting for approval.
Jason Carron-Owner and proposed liquor license manager, will be at the meeting to answer any questions.
SUGGESTED MOTION:
Move to _______________ the application from PARC Restaurant Group Lex, d/b/a Post 1917 located at
27 Waltham Street for a Restaurant All-Alcohol Liquor License for 7 days/week 11:00am-12:00 midnight, with
Jason Carron as Manager on Record for the liquor license and, once the application has also been approved
by the ABCC, issue a Restaurant All-Alcohol Liquor License to PARC Restaurant Group Lex, d/b/a Post
1917 at 27 Waltham Street.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 6:45pm
ATTACHMENTS:
Description Type
Liquor License Application Backup Material
Copy of Post 1917 Restaurant's Alcohol Policies and Procedures Backup Material
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Hearing - Verizon Grant of Location Petition - Push-Brace on the Pole located on corner of
Fletcher Ave and Hayes Lane
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
I.2
SUMMARY:
Category: Decision-Making
Hearing for the request from VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC
COMPANY D/B/A EVERSOURCE ENERGY requesting permission to erect and maintain poles and
their respective wires and cables to be placed thereon, together with anchors, guys and other such
sustaining and protecting fixtures as said Companies may, as requested in petition of said Companies
dated the 24th day of January, 2025 under the following public way or ways of Lexington:
Fletcher Avenue:
Install one (1) Push-Brace attached to existing pole, P.13, on the southerly side of Fletcher Avenue to support
the pole line and accommodate new construction at 33 Hayes Lane.
The Engineering Department reviewed the request and has no objections to work being done in the right of way.
Abutters notices were mailed as required.
Stacey Manseau, Pike Corporation will be at the meeting to answer any questions the Board may have for this
Grant of Location Petition.
SUGGESTED MOTION:
Move to (approve / not approve) a Grant of Location to VERIZON NEW ENGLAND INC. and
NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY for permission to erect and
maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and
other such sustaining and protecting fixtures as said Companies may deem necessary, as requested in
petition of said Companies dated the 24th day of January, 2025 in the following public way or ways of
Lexington: Fletcher Avenue: Install one (1) Push-Brace attached to existing pole, P.13, on the southerly side of
Fletcher
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 6:55pm
ATTACHMENTS:
Description Type
Grant of Location Petition Backup Material
January 24, 2025
Lexington Select Board
Town Office Building, 2nd Floor
1625 Massachusetts Avenue
Lexington, MA 02420
RE: Petition for Verizon job # 1A7X3DT
Fletcher Avenue, Lexington, MA
Dear Honorable Select Board:
Enclosed find the following items in support of the above-referenced project:
1. Petition;
2. Petition Plan;
3. Order;
4. Abutters.
A Public Hearing and notice to abutters are required. A Verizon representative will
attend the Public Hearing. Should any questions or comments arise concerning this
matter prior to the hearing, please contact me at 781-805-5090. Your assistance is greatly
appreciated.
Sincerely,
Gabriel Albisu
Right of Way Manager
Enc
Gabriel Albisu
Right of Way Manager
125 Lundquist Drive
Braintree, MA 02184
Mobile 781-805-5090
Gabriel.Albisu@one.verizon.com
Page 1 of 1
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
January 24, 2025
To the Select Board
In LEXINGTON, Massachusetts
VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY request permission to locate poles, wires, cables and fixtures including the necessary anchors,
guys and other such sustaining and protecting fixtures to be owned and used in common by your
petitioners, along and across the following public way or ways:
Fletcher Avenue:
Install one (1) Push-Brace attached to existing pole, P.13, on the southerly side of
Fletcher Avenue.
This petition is necessary to support the pole line and accommodate new construction at 33
Hayes Lane.
Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or
identical locations for and permission to erect and maintain poles, wires and cables, together with anchors,
guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected
substantially in accordance with the plan filed herewith marked-VZ N.E. Inc. Plan No. 1A7X3DT Dated
January 24, 2025.
Also, for permission to lay and maintain underground laterals, cables and wires in the above or
intersecting public ways for the purpose of making connections with such poles and buildings as each of
said petitioners may desire for distributing purposes.
Your petitioners agree that space shall be reserved and maintained for the limited purpose of
attaching one-way low voltage fire and police signaling wires owned by the municipality or governmental
entity for public safety purposes only.
VERIZON NEW ENGLAND INC.
By__________________________________________________
Gabriel Albisu - Manager - Rights of Way
Dated this _____day of ____________, 2025
NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY
By__________________________________________________
Right of Way Representative
Dated this _____day of ____________, 2025
Richard M Schifone NSTAR d/b/a Eversource
24th January
24th January
EDGE OF PAVEMENT PROPOSED NEW JOINTLY OWNED PUSH BRACE TO BE INSTALLED
EXISTING JOINTLY OWNED POLE TO REMAIN
EDGE OF ROADWAY
PROPERTY LINE
PETITION PLAN
LEGEND
NOT TO SCALE
MUNICIPALITY
DATE :
SHOWING
VERIZON NEW ENGLAND, INC AND
NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY
PROPOSED PLACEMENT OF ONE PUSH BRACE ON FLETCHER AVENUE
VZ. N.E. INC. NO. LEXINGTON 1A7X3DT
January 24, 2025
MBLU: 48//213/ /
29 Hayes Ln
EXISTING
JO POLE,
P.13 TO
REMAIN
NEW
PUSH BRACE TO
BE PLACED
NN
MBLU: 55//47C/ /
31 Hayes Ln
MBLU: 55//47B/ /
33 Hayes Ln
MBLU: 55//47A/ /
35 Hayes Ln
MBLU: 48//212/ /
32 Hayes Ln
MBLU: 48//190B/ /
49 Fletcher Ave
MBLU: 48//190A/ /
43 Fletcher Ave
MBLU: 56//204/ /
50 Fletcher Ave
MBLU: 56//203/ /
48 Fletcher Ave
MBLU: 56//202/ /
46 Fletcher AveMBLU: 48//189/ /44 Fletcher Ave
ABUTTERS LIST
MBLU: 48// 212/ /
32 Hayes Lane
BYRNE JEFFREY
HADSELL SERENA
32 Hayes Lane
Lexington, MA 02420
_________________________________________________________________
MBLU: 48// 213/ /
29 Hayes Lane
RESETICH SHANNON
RESETICH RICHARD
29 Hayes Lane
Lexington, MA 02420
_________________________________________________________________
MBLU: 55// 47C/ /
31 Hayes Lane
WILLIAMS ALISE JOHNSON
WILLIAMS ANDREW ROBERT
31 Hayes Lane
Lexington, MA 02420
_________________________________________________________________
MBLU: 55// 47B/ /
33 Hayes Lane
JOHNSON PETER
JOHNSON VALERIE
35 Hayes Lane
Lexington, MA 02420
_________________________________________________________________
MBLU: 55// 47A/ /
35 Hayes Lane
JOHNSON PETER
JOHNSON VALERIE
35 Hayes Lane
Lexington, MA 02420
_________________________________________________________________
MBLU: 56// 204/ /
50 Fletcher Avenue
LEARY SEAN
LEARY BRIENNE
50 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
ABUTTERS LIST
MBLU: 56// 203/ /
48 Fletcher Avenue
GANSHIRT JAMES
GANSHIRT EDWARD
48 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
MBLU: 56// 202/ /
46 Fletcher Avenue
SHEPARD EDGAR
SHEPARD ARDINE
46 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
MBLU: 48// 189/ /
44 Fletcher Avenue
MALONEY MARY
44 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
MBLU: 48// 190A/ /
43 Fletcher Avenue
VISHWANATH ASHVIN
RAMMURTHY RASHMI
43 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
MBLU: 48// 190B/ /
49 Fletcher Avenue
LE ANH RICHARD
SARANTOS – LE ANASTASIA
49 Fletcher Avenue
Lexington, MA 02420
_________________________________________________________________
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Sale of Bond Anticipation Notes
PRESENTER:
Carolyn Kosnoff, Assistant Town
Manager for Finance
ITEM
NUMBER:
I.3
SUMMARY:
Category: Decision-Making
On Wednesday, February 19, 2025 the Town sold $1,195,810 of general obligation bond anticipation notes.
The notes were issued as a one-year roll-forward of the notes issued in September 2024, and given the small
size of this issue the Town did not solicit a credit rating. These notes continue to finance water and sewer
capital projects, the ongoing design work for Lexington High School, and infrastructure improvements in the
Hartwell/Route 4/225 area, all of which are expected to be long-term financed in February 2026.
The Town received four bids, with the low bidder being Fidelity Capital Markets whose net interest cost (NIC)
of 2.85% included a premium of $13,763.77.
All closing paperwork is attached for the Board's review.
SUGGESTED MOTION:
Move: We hereby determine, in accordance with G.L. c. 70B, that the cost of the Lexington High
School feasibility study project authorized by vote of the Town passed on April 11, 2022 (Article 2)
being financed with proceeds of a portion of the Notes defined below, together with all other bonds and
notes of the Town previously issued to pay costs of this project, does not exceed the portion of the
total cost of the project that is not being paid by the school facilities grant and we hereby approve the
issuance of notes and bonds to finance this project under G.L. c. 70B.
And further: to approve the sale of $1,195,810 4.00 percent General Obligation Bond Anticipation Notes
(the “Notes”) of the Town dated February 28, 2025, and payable February 27, 2026, to Fidelity Capital
Markets, a Division of National Financial Services LLC at par and accrued interest, if any, plus a
premium of $13,763.77.
And further: that in connection with the marketing and sale of the Notes, the preparation and distribution
of a Notice of Sale and P reliminary Official Statement dated February 11, 2025, and a final Official
Statement dated February 19, 2025, each in such form as may be approved by the Town Treasurer, be
and hereby are ratified, confirmed, approved and adopted.
And further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and
deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as
may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in
the Notes for the benefit of the holders of the Notes from time to time.
And further: that we authorize and direct the Town Treasurer to establish post issuance federal tax
compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and
bond counsel deem sufficient, or if such procedures are currently in place, to review and update said
procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with
relevant securities laws.
And further: that any certificates or documents relating to the Notes (collectively, the “Documents”),
may be executed in several counterparts, each of which shall be regarded as an original and all of which
shall constitute one and the same document; delivery of an executed counterpart of a signature page to a
Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as
delivery of a manually executed counterpart signature page to such Document; and electronic signatures on
any of the Documents shall be deemed original signatures for the purposes of the Documents and all
matters relating thereto, having the same legal effect as original signatures.
And further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and
hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts
or other documents as may be determined by them, or any of them, to be necessary or convenient to carry
into effect the provisions of the foregoing votes.
FOLLOW-UP:
The Board to sign closing paperwork.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 7:10pm
ATTACHMENTS:
Description Type
BAN Sale Results Backup Material
BAN Purposes Backup Material
Bond Anticipation Note Backup Material
No Litigation Statement Backup Material
Tax Certificate Backup Material
Significant Events Disclosure Backup Material
Town of Lexington, Massachusetts$1,195,810General Obligation Bond Anticipation NotesSale Date: 2/19/2025Dated Date: 2/28/2025Delivery Date: 2/28/2025Due Date: 2/27/2026Days Per Year: 360Day Count: 359Bank Qualified: NoRating: NoneCoupon Net Prorata Prorata ReofferingBidder Underwriter Principal Rate Premium Interest Interest NIC Premium Interest Award YieldFidelity Capital Markets●$1,195,8104.00%$13,763.77 $47,699.53 $33,935.76 2.8458%$13,763.77 $47,699.53 $1,195,810Oppenheimer & Co.●$1,195,8104.00%$8,555.00 $47,699.53 $39,144.53 3.2826%Piper Sandler & Co.●$1,195,8103.75%$4,831.08 $44,718.31 $39,887.23 3.3449%BNYMellon Capital Markets●$1,195,8104.25%$9,398.46 $50,680.75 $41,282.29 3.4619%Award Totals$13,763.77 $47,699.53 $1,195,810Weighted Average Net Interest Cost: 2.8458%Hilltop Securities Inc.MA: Cinder McNerney2/19/2025N-25-02-28 Lexington BAN.xlsx
MUNICIPAL PURPOSE LOANTown of Lexington, Massachusetts$1,195,810General Obligation Bond Anticipation NotesSale Date: 2/19/2025Dated Date: 2/28/2025Delivery Date: 2/28/2025Due Date: 2/27/2026Bank Qualification:NoBonds, Grants,Renewal NewTotal OriginalVote ArticleAmountPreviousand/orThisThisThisBalanceIssueProrata ProrataPurposeDate(s)ReferenceNumberAuthorizedIssuesPaydownsIssueIssueIssueUnissuedDateInterestPremiumLHS Improvements - Planning Offices and Library 3/29/2017 Ch. 44, s. 7(1) 16B $600,000 $0 $500,000 $0 95,810 $95,810 $4,1902/28/2025$3,821.75 $1,102.77Automatic Meter Reading System 4/3/2019 Ch. 44, s. 8(7A) 16F $4,940,000 $100,000 $3,770,000 $100,000 $0 $100,000 $1,070,0009/27/2024$3,988.89 $1,151.00Route 4/225 Improvements (Hartwell Design) 11/12/2019 Ch. 44, s. 7(7) 8 $1,250,000 $300,000 $650,000 $300,000 $0 $300,000 $300,0009/27/2024$11,966.67 $3,453.00Pump Station Upgrades 3/30/2022 Ch. 44, s. 7(1) 14B $1,500,000 $200,000 $1,000,000 $200,000 $0 $200,000 $300,0009/27/2024$7,977.78 $2,302.00LHS Feasibility Study 4/11/2022 Ch. 70B 2 $1,825,000 $500,000 $871,582 $500,000 $0 $500,000 $453,4189/27/2024$19,944.44 $5,755.00Totals$10,115,000 $1,100,000 $6,791,582 $1,100,000 $95,810 $1,195,810 $2,127,608 $47,699.53 $13,763.77Hilltop Securities Inc.MA: Cinder McNerney2/19/2025N-25-02-28 Lexington BAN.xlsx
Registered Registered
Number 1 $1,195,810
United States of America The Commonwealth of Massachusetts
TOWN OF LEXINGTON GENERAL OBLIGATION BOND ANTICIPATION NOTE
(Municipal Purpose Loan of 2025)
Interest Rate Maturity Date Registration and Original Issue Date CUSIP
4.00% February 27, 2026 February 28, 2025 529284 5B3
PRINCIPAL AMOUNT: ONE MILLION ONE HUNDRED NINETY-FIVE THOUSAND EIGHT HUNDRED TEN DOLLARS
REGISTERED OWNER: CEDE & CO.
REGISTRAR AND PAYING AGENT: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
The Town of Lexington, Massachusetts (the “Town”) for value received, promises to pay
to the Registered Owner of this note or registered assigns the Principal Amount specified above in lawful money of the United States of America on the Maturity Date upon presentation and surrender hereof, with interest (calculated on the basis of a 30-day month and a 360-day year) at the Interest Rate per annum, payable on the Maturity Date. This note will bear interest from the
Original Issue Date.
This note certificate is the only instrument representing an issue of $1,195,810 aggregate principal amount of notes issued by the Town pursuant to Chapters 44 and 70B of the General Laws as amended in anticipation of bonds authorized for water meters, roads, pump station, and school purposes.
The notes are general obligations of the Town and the full faith and credit of the Town is
pledged for the payment of principal of and interest on the notes as the same shall become due.
The notes are being issued by means of a book entry system, with a note certificate immobilized at The Depository Trust Company, New York, New York (“DTC”) evidencing ownership of the notes in principal amounts of $1,000 or integral multiples thereof, with the
exception of one principal amount of $1,810, and with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC.
Note certificates are not available for distribution to the public. The principal of and interest on
this note are payable by U.S. Bank Trust Company, National Association, or its successor as paying agent (the “Paying Agent”) for the Town, in immediately available funds to the Registered Owner of this note, as nominee of DTC. Transfer of principal and interest payments to participants of DTC is the responsibility of DTC; transfer of principal and interest payments to
beneficial owners by participants of DTC will be the responsibility of such participants and other
nominees of beneficial owners. The Town is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
Unless this note certificate is presented by an authorized representative of The Depository
Trust Company to the Paying Agent for registration of transfer, exchange or payment, and any
note certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof,
Cede & Co., has an interest herein.
In the event that (a) DTC determines not to continue to act as securities depository for the notes or (b) the Town determines that continuation of the book entry system of evidence and transfer of ownership would adversely affect the interests of the beneficial owners of the notes, the Town will discontinue the book entry system with DTC. If the Town fails to identify another
qualified securities depository to replace DTC, the Paying Agent will authenticate and deliver
replacement notes in the form of fully registered certificates.
This note is transferable only upon the registration books kept by the Paying Agent as registrar, but only in a manner which will maintain immobilization of note certificates at one or more securities depositories. This note may not be transferred or exchanged in a manner which
would involve the delivery of note certificates to the beneficial owners unless the book entry
system has been discontinued by the Town in accordance with the terms of this note, in which case replacement notes may be issued in accordance with law and such procedures as the Town shall deem appropriate.
The Town hereby covenants that it will take all lawful action necessary to comply with
all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied
subsequent to the issuance of the notes in order that interest on the notes be and continue to be excluded from gross income for federal income tax purposes and it will refrain from taking any action that would cause interest on the notes to become included in gross income for federal income tax purposes.
In connection with the offering of the notes the Town has executed a Significant Events
Disclosure Certificate dated as of the date hereof (as it may be amended from time to time, the “Certificate”). The Town hereby covenants to comply with the provisions of the Certificate, and reference is made to the Certificate for a description of the nature and extent of the obligations of the Town and the rights of the owners of the notes under the Certificate. The Certificate is
[Signature page to Note]
described in the Official Statement relating to the notes. A copy of the Certificate is available from the Town upon request.
TOWN OF LEXINGTON,
MASSACHUSETTS By: _____________________
Treasurer
Countersigned:
_________________________
_________________________ _________________________
_________________________ _________________________ Select Board
(Town Seal)
LEGAL OPINION
The following opinion is based on facts and the law existing on the date of original
delivery of the notes described therein. LOCKE LORD LLP
111 Huntington Avenue
Boston, Massachusetts
Arnold F. Lovering, Treasurer
Town of Lexington Lexington, Massachusetts $1,195,810
Town of Lexington, Massachusetts
General Obligation Bond Anticipation Notes
We have acted as bond counsel to the Town of Lexington, Massachusetts (the “Town”) in connection with the issuance by the Town of the above-referenced notes (the “Notes”) dated
February 28, 2025 and payable February 27, 2026. In such capacity, we have examined the law
and such certified proceedings and other papers as we have deemed necessary to render this opinion.
As to questions of fact material to our opinion we have relied upon representations and covenants of the Town contained in the certified proceedings and other certifications of public
officials furnished to us, without undertaking to verify the same by independent investigation.
Based on our examination, we are of the opinion, under existing law, as follows:
1. The Notes are valid and binding general obligations of the Town and, except to the extent they are paid from the proceeds of the bonds in anticipation of which they are issued or from any other available moneys, the principal of and interest on the Notes are payable from
taxes which may be levied upon all taxable property in the Town, subject to the limit imposed by
Chapter 59, Section 21C of the General Laws.
2. Interest on the Notes is excluded from the gross income of the owners of the Notes for federal income tax purposes. In addition, interest on the Notes is not a specific preference item for purposes of the federal individual alternative minimum tax. However,
interest on the Notes will be included in the “adjusted financial statement income” of certain
corporations that are subject to the alternative minimum tax under Section 55 of the Internal Revenue Code of 1986 (the “Code”). In rendering the opinions set forth in this paragraph, we have assumed compliance by the Town with all requirements of the Code, that must be satisfied subsequent to the issuance of the Notes in order that interest thereon be, and continue to be,
excluded from gross income for federal income tax purposes. The Town has covenanted to comply with all such requirements. Failure by the Town to comply with certain of such
requirements may cause interest on the Notes to become included in gross income for federal
income tax purposes retroactive to the date of issuance of the Notes. We express no opinion regarding any other federal tax consequences arising with respect to the Notes.
3. Interest on the Notes is exempt from Massachusetts personal income taxes and the Notes are exempt from Massachusetts personal property taxes. We express no opinion regarding
any other Massachusetts tax consequences arising with respect to the Notes or any tax
consequences arising with respect to the Notes under the laws of any state other than Massachusetts.
This opinion is expressed as of the date hereof, and we neither assume nor undertake any obligation to update, revise, supplement or restate this opinion to reflect any action taken or
omitted, or any facts or circumstances or changes in law or in the interpretation thereof, that may
hereafter arise or occur, or for any other reason.
The rights of the holders of the Notes and the enforceability of the Notes may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter enacted to the extent constitutionally applicable, and their
enforcement may also be subject to the exercise of judicial discretion in appropriate cases.
/S/ LOCKE LORD LLP
143362114v.1
DMP/BMM 2/20/2025
(Please Note: The following statements are an essential part of the permanent record.
Read them carefully before signing this certificate. Advise Troutman Pepper Locke LLP of any
inaccuracy.) Town of Lexington, Massachusetts $1,195,810 General Obligation Bond Anticipation Notes
dated February 28, 2025
SIGNATURE, NO LITIGATION AND OFFICIAL STATEMENT CERTIFICATE
A. Certificate of Authorized Officers. We, the Treasurer and members of the Select
Board of the Town of Lexington, Massachusetts (the “Town”), certify that we have signed the $1,195,810 4.00 percent General Obligation Bond Anticipation Notes (the “Notes”) of the Town dated February 28, 2025 and payable February 27, 2026. A book entry system is being used to evidence ownership and transfer of the Notes on the records of The Depository Trust Company
(“DTC”). The Notes are issued in the form of a single Note for the full principal amount,
registered in the name of “CEDE & CO.” as nominee for DTC and immobilized in the custody of DTC. The Note bears the Town seal which is also affixed to this certificate. We, the said officers, also certify as follows:
1. Authority. The Notes are issued in the respective amounts set forth below in
anticipation of the sale of bonds authorized pursuant to the following statutes and votes of the Town and a vote of the Select Board duly adopted on February 24, 2025: (a) $500,000 - $1,825,000 Lexington High School Feasibility Study Bonds under G.L.
c. 70B §6(e) and a vote of the Town passed April 11, 2022 (Article 2);
(b) $300,000 - $1,250,000 Route 4/225 Transportation Improvement Plan Bonds, under G.L. c.44, §7(7) and a vote of the Town passed November 12, 2019 (Article 8);
(c) $200,000 - $1,500,000 Pump Station Bonds under G.L. c.44, §7(1) and a vote of
the Town passed March 30, 2022 (Article 14b);
(d) $100,000 - $4,940,000 Meter Reading System Bonds under G.L. c.44, §8(7A) and a vote of the Town passed April 3, 2019 (Article 16f); and
(e) $95,810 - $600,000 Lexington High School Improvements (Planning Office/Library) Bonds under G.L. c.44, §7(1) and a vote of the Town
passed on March 29, 2017 (Article 16b).
2
2. Description and Purpose of Notes. The Town is issuing and delivering the Notes simultaneously with the delivery of this certificate. The following amounts of the issue are for
the following purposes including the payment of $1,100,000 bond anticipation notes:
Amount Purpose
(a) $500,000 - Lexington High School feasibility study
(b) $300,000 - design, engineering and architectural services for 25% design for
Route 4/225 Bedford Street, Hartwell Avenue, Wood Street
transportation improvement plan
(c) $200,000 - sewer pump station upgrades
(d) $100,000 - automatic meter reading system
(e) $95,810 - remodel and add air conditioning to teacher planning office and the
library at Lexington High School
3. Other Debt. No other debt has been incurred under those votes except for the following bonds and bond anticipation notes:
(a) - $100,000 notes dated June 29, 2023 and payable February 23, 2024, on which date
such notes were paid with available funds of the Town; $500,000 bonds and
premium dated February 22, 2024; and $500,000* notes dated September 27, 2024 and payable February 28, 2025;
(b) - $250,000 bonds and premium dated February 10, 2022; $100,000 notes dated June 30, 2022 and payable February 24, 2023, on which date such notes were paid with
available funds of the Town; $300,000 notes dated June 29, 2023 and payable
February 23, 2024, on which date such notes were paid with available funds of the Town; and $300,000* notes dated September 27, 2024 and payable February 28, 2025;
(c) - $1,000,000 bonds dated February 22, 2024; and $200,000* notes dated September
27, 2024 and payable February 28, 2025;
(d) - $3,770,000 bond dated June 13, 2022; and $100,000* notes dated September 27, 2024 and payable February 28, 2025; and
(e) - $500,000 bonds dated February 22, 2024.
* To be renewed with a portion of the proceeds of this issue.
4. Consolidated Issue. The Notes constitute a consolidated issue for purposes of G.L. c.44, §16.
3
5. School Building Assistance Grant. The Town expects to receive a grant from the MSBA in the aggregate amount of $565,750 for the Lexington High School feasibility study
project being financed in part with the proceeds of the $500,000 portion of the Notes referred to
in Paragraph (1)(a) above with the proceeds of the Notes, and as of the date hereof the Town has received $294,868 of such grant.
6. Approval of Sale. We approve the sale of the Notes to Fidelity Capital Markets, a Division of National Financial Services LLC (the “Purchaser”) at par and accrued interest, if any,
plus a premium of $13,763.77.
B. Delivery and Receipt. I, the Treasurer, further certify that the Notes were delivered on this date and that the full purchase price including accrued interest for the period, if any, from the date of the Notes to this date was received from the Purchaser on or before this date.
C. Certification Regarding Official Statement. I, the Treasurer, certify as follows:
(a) I have reviewed the Preliminary Official Statement dated February 11, 2025 (the “Preliminary Official Statement”) and the Official Statement dated February 19, 2025 (the “Official Statement”)] relating to the sale of the Notes.
(b) To the best of my knowledge and belief, the Preliminary Official
Statement did not, as of its date and as of the date of sale of the Notes, and the Official
Statement (excluding the price or yield on the cover page, as to which no view is expressed) did not as of its date and does not as of this date (which is the date of delivery of the Notes), contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under
which they were made, not misleading.
(c) Since the date of the Official Statement there has been no material adverse change in the financial condition or affairs of the Town except as set forth in or contemplated by the Official Statement.
D. Debt Limit. I, the Treasurer, certify that at the time of their authorization, the
Notes and the bonds in anticipation of which they are issued were and on the date hereof are
within every applicable debt and other limit prescribed by law or otherwise.
E. Certificate of Town Clerk. I, the Town Clerk, certify as follows:
(a) Signatures and Incumbency. The signatures of the Treasurer and members of the Select Board as appearing below are the genuine, electronic, or facsimile
signatures of the persons who executed the Notes and who held those offices when the
Notes were signed and when the Notes were delivered.
(b) Open Meeting Law. Except for the town meetings called pursuant to G.L. c.39, §10, all proceedings essential to the issue of the Notes and the authorization of the bonds and deliberations of a quorum relating thereto have been taken at a meeting or
meetings open to the public; notice of each such meeting was filed in my office and
4
publicly posted in the time and manner set forth in the G.L. c.30A, §§18-25, as amended, or, if applicable, in accordance with an alternative method of notice prescribed or
approved by the Attorney General as set forth in 940 CMR 29.03(2)(b); no deliberations,
decision or vote in connection with the Notes or bonds were taken in executive session and no vote was taken by secret ballot; and the official record of each such meeting was made available to the public and remains available to the public as set forth in G.L. c.30A, §§18-25, as amended.
(c) Proceedings. No proceeding essential to the issue of the Notes or bonds
has been repealed or amended except as stated in paragraph (1) above and no proceedings have been taken relating to the Notes or bonds other than those certified to Troutman Pepper Locke LLP.
(d) Bylaws. The bylaws described below are the only bylaws or standing
votes of the Town affecting the authorization, sale or issue of the Notes or bonds,
including the calling and conduct of town meetings, or the use of assessments or other charges imposed to pay for any project financed by the Notes, and there has been no change therein affecting those matters in any way except as may be indicated below:
General By-Laws of the Town of Lexington, as amended through the 2012
Annual Town Meeting (Supplement #16) and certified to Locke Lord LLP
on January 25, 2023.
(e) Home Rule. The Town has not adopted a home rule charter and the Town has not amended or repealed any special law relating to the Town through the use of home rule procedures.
(f) Development Districts. The Town has not established any development
districts pursuant to G.L. c.40Q.
F. Execution of Counterparts and Delivery by Electronic Means. This certificate, as well as any other certificates or documents relating to the Notes (collectively, the “Documents”), may be executed in several counterparts, each of which shall be regarded as an original and all of
which shall constitute one and the same document. Delivery of an executed counterpart of a
signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document. Electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same
legal effect as original signatures.
G. No Litigation; No Financial Interest. All of the undersigned certify that there has been no litigation affecting the validity of the Notes or bonds or the power of the Town to levy and collect taxes to pay them; that none is pending or to our knowledge threatened; that neither the corporate existence nor boundaries of the Town nor the title of any of us to our respective
[Signature page to Signature, No Litigation and Official Statement Certificate]
offices is being contested; and that none of us and, to the best of our knowledge, no other official of the Town has any direct or indirect financial interest in or relationship with the
Purchaser.
Date: February 28, 2025 (Date of delivery of and payment for the Notes)
_______________________________ ______________________________
Treasurer _______________________________ _______________________________
_______________________________ ______________________________ _______________________________ Town Clerk Select Board
(Town Seal)
143364250v.1
(Please Note: The following statements are an essential part of the permanent bond record. Read them carefully before signing this certificate. Advise Troutman Pepper Locke LLP of any
inaccuracy.)
TAX CERTIFICATE
This Tax Certificate is executed and delivered by the Town of Lexington, Massachusetts (“Issuer”), in connection with the issuance of $1,195,810 stated principal amount of its General Obligation Bond Anticipation Notes dated the Issue Date (“Issue”). The Issue is issued pursuant to Votes duly adopted by the Issuer and the Massachusetts General Laws. Pursuant to Reg §§ 1.141-2(d)(1) and 1.148-2(b)(2)(i), the Issuer certifies, covenants, warrants and represents as
follows in connection with the issuance of the Issue:
ARTICLE I. IN GENERAL
1.1 Delivery of the Notes of the Issue. On the Issue Date, in exchange for receipt of good funds, the Issuer is delivering the notes of the Issue to the Successful Bidder, for resale to the Public.
1.2 Purpose of Tax Certificate. The Issuer is delivering this Tax Certificate to Bond Counsel, with the understanding that Bond Counsel will rely in part upon this Tax Certificate in rendering its opinion that interest on the Issue is excluded from gross income for federal income tax purposes under Section 103.
1.3 Definitions and References. All capitalized terms used in this Tax Certificate
include either the singular or the plural. All terms used in this Tax Certificate, including terms specifically defined, shall be interpreted in a manner consistent with Sections 103 and 141-150 and the applicable Regulations thereunder except as otherwise specified. Capitalized terms used and not otherwise defined herein and in the exhibits hereto and in the schedules and attachments to those exhibits shall have the respective meanings set forth in Appendix A and Appendix B
hereto. Reference to a Section means a section of the Code. Reference by number only (for example, “2.10”) means that numbered paragraph of this Tax Certificate.
1.4 Purpose of Financing. The Issue is being issued to provide funds (i) to finance on a “new money” basis the capital costs of certain municipal projects as more fully described in the Signature Certificate relating to the Issue, including the payment of Capitalized Interest, if any
(“New Money Projects”), and Funded Interest, if any, (ii) to refund on a current basis the Refunded Notes, which were originally issued to finance and/or refinance the capital costs of certain municipal projects as more fully described in the Signature Certificate relating to the Issue, including the payment of Capitalized Interest, if any (“Refinanced Projects” and together with the New Money Projects, “Projects”), and Funded Interest, if any, and (iii) to pay Issuance Costs and
other common costs of the Issue.
1.5 Single Issue. The notes of the Issue were sold to the Successful Bidder on the Sale Date. No other governmental obligations of the Issuer which are expected to be paid out of
2
substantially the same source of funds as the Issue have been or will be sold less than 15 days apart from the Sale Date pursuant to the same plan of financing as the Issue.
1.6 Reliance. With respect to certain matters contained in this Tax Certificate, the
Issuer specifically relies upon the certifications of the Successful Bidder set forth in Exhibit A, the certifications of the Municipal Advisor set forth in Exhibit B, and upon the certifications set forth in the other exhibits attached hereto or as otherwise described herein. The Issuer is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any
representation made in this Tax Certificate including the exhibits hereto.
ARTICLE II. GENERAL TAX LIMITATIONS
2.1 Application of Sale Proceeds and Certain Other Moneys. On the Issue Date, the Sale Proceeds, $1,211,487.07, less an underwriter’s discount of $1,913.30, will be deposited to the General Fund and applied as follows:
New Money Projects $95,810.00
Payment of Refunded Notes 1,100,000.00 Issuance Costs 0.00 Payment of a portion of the interest on the Issue due February 27, 2026 13,763.77
TOTAL: $1,209,573.77
Investment Proceeds earned on the amounts in the General Fund will be commingled with other revenues of the Issuer, and are expected to be expended for operating or other expenses of the Issuer within six months after deposit of the Investment Proceeds therein. Pursuant to Reg §
1.148-6(d)(6), all such Investment Proceeds will be treated as expended when so commingled.
2.2 Expenditure of Gross Proceeds. For purposes of this Tax Certificate, Sale Proceeds and, to the extent not deemed expended as described in 2.1, Investment Proceeds allocable to the Nonrefunding Portion will be treated as spent when they are used to pay or reimburse disbursements by the Issuer that are (i) capital expenditures, including any Capitalized
Interest, if any and to the extent allowable, (ii) Issuance Costs with respect to the Nonrefunding
Portion, (iii) Funded Interest, (iv) initial operating expenses directly associated with the New Money Projects (in an aggregate amount not exceeding 5% of the Sale Proceeds), or (v) other miscellaneous expenditures described in Reg § 1.148-6(d)(3)(ii).
The Issuer hereby certifies that no disbursement to be paid or reimbursed from Gross
Proceeds allocable to the Nonrefunding Portion shall have been previously paid or reimbursed
from the proceeds of any other obligation, whether issued by the Issuer or any other party.
To the extent that Sale Proceeds allocable to the Nonrefunding Portion will be applied to reimburse expenditures made by the Issuer prior to the Issue Date, the Issuer hereby certifies that such expenditures either (i) constitute capital expenditures incurred not earlier than 60 days prior
to the applicable Vote, which Votes constitute the Issuer’s declarations of official intent to issue
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debt to finance the costs of the New Money Projects, or (ii) constitute Preliminary Expenditures to the extent permitted by Massachusetts law.
The Issuer further certifies that any such reimbursement described in clause (i) of the
preceding sentence shall be made not later than 18 months after the later of the date of the expenditure or the date on which the New Money Project component to which such expenditure relates is placed in service, but in no event more than 3 years after the date of such expenditure.
2.3 Governmental Bond Status. Absent an Opinion of Bond Counsel, the Issuer will
not loan more than 5% of the Proceeds to one or more Nongovernmental Persons. Absent an
Opinion of Bond Counsel, the Issuer has not allowed and will not allow more than 10% of the Proceeds, any of the Prior Issues, or the Projects to be used directly or indirectly by any Nongovernmental Person in any trade or business, other than as a member of the general public, and has not allowed and will not allow more than 5% of the Proceeds, any of the Prior Issues, or
the Projects to be so used to the extent such use is unrelated or disproportionate to the governmental
uses thereof. Absent an Opinion of Bond Counsel, for purposes of this 2.3, a Nongovernmental Person will be treated as “using” Proceeds, proceeds of the Prior Issues or the Projects to the extent the Nongovernmental Person:
(i) borrows Proceeds of the Issue or any Prior Issues;
(ii) uses any portion of the Projects as owner, lessee, service provider, operator, or
manager;
(iii) acquires the output of the Projects; or
(iv) enters into any other arrangement that provides a special legal entitlement or special economic benefit to a Nongovernmental Person.
As of the Issue Date, the Issuer certifies that there are no contracts or other arrangements
for any such use of any component of the Projects by any party other than a Governmental Unit. Absent an Opinion of Bond Counsel, the Issuer will not enter into any contract or other arrangement after the Issue Date for any such use of any component of the Projects by any party other than a Governmental Unit.
2.4 Qualified Equity. The Issuer reasonably expects that a portion of the cost of the
Projects being financed and/or refinanced in part with the Sale Proceeds may be paid from Qualified Equity. In this regard, the Issuer (i) has received $294,868 of a $565,750 grant from the Massachusetts School Building Authority for the high school feasibility study, (ii) expects to receive $250,000 from the Transportation Management Overlay District Stabilization Fund for
Route 4/225 project, (iii) expects $500,000 from Water Fund Retained Earnings and $500,000
from Wastewater Fund Retained Earnings, each for the meter reading system project, and (iv) expects $500,000 from Wastewater Fund Retained Earnings for the pump station project. The Issuer intends that the undivided portion or portions of any of the Projects paid with Qualified Equity may be used for Private Business Use without restriction. Qualified Equity will be allocated
to any Private Business Use of the Projects before any Proceeds are allocated to any such Private
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Business Use. To the extent that Private Business Use of the Projects ever exceeds the applicable limitation under the “private business tests” imposed pursuant to Section 141(b), the Issuer hereby
allocates Qualified Equity to the Projects. In addition, the Issuer reserves the right to allocate this
Qualified Equity to the Projects if and as needed in the future.
2.5 Change in Use. The Issuer reasonably expects to use all Proceeds and all facilities that are financed and refinanced therewith as set forth in 2.3 for the entire stated term to maturity of the Issue. Absent an Opinion of Bond Counsel, the Issuer in fact will use all Proceeds and each
facility financed and refinanced therewith as set forth in 2.3.
2.6 Registered Form. The notes of the Issue are being issued in registered form.
2.7 Federal Guarantee. The Issuer will not directly or indirectly use or permit the use of any Proceeds or any other funds of the Issuer or any Related Party or take or omit to take any action that would cause the notes of the Issue to be obligations that are “federally guaranteed.” In
furtherance of this covenant, the Issuer will not allow the payment of principal or interest with
respect to the Issue to be guaranteed (directly or indirectly) in whole or in part by the United States or any agency or instrumentality thereof. Except as provided in the next sentence, the Issuer will not use 5% or more of the Proceeds to make or finance loans the payment of principal or interest with respect to which is guaranteed in whole or in part by the United States or any agency or
instrumentality thereof, nor will it invest 5% or more of the Proceeds in federally insured deposits
or accounts. The preceding sentence shall not apply to (i) investments in the portions of the General Fund described in 3.5 and 3.6 during the temporary period described therein, (ii) investments in the Bona Fide Debt Service Fund, and (iii) investments in obligations issued by the United States Department of Treasury.
2.8 Information Reporting. The Issuer will cause a properly completed and executed
IRS Form 8038-G to be filed with respect to the Issue no later than the 15th day of the second month of the calendar quarter immediately following the calendar quarter of the Issue Date.
2.9 Partial Current Refunding. The Issuer will use Sale Proceeds allocable to the Refunding Portion in the amount of $1,100,000.00 to pay the Refunded Notes on the Issue Date
of the Issue. Proceeds will not be used directly or indirectly to make principal, interest or
redemption premium payments with respect to any governmental obligation other than the Refunded Notes and, to the extent described in 2.1, the Issue.
2.10 No Unexpended Proceeds. No Proceeds of the 2024 Issue remain unspent as of the Issue Date of the Issue.
2.11 No Pooling. The Issuer will not use any Proceeds directly or indirectly to make or
finance loans to two or more ultimate borrowers.
2.12 No Hedge Bonds. As of the respective issue dates of each issue comprising the Original Issues, the Issuer reasonably expected to expend more than 85% of the Net Sale Proceeds of each such issue within three years of original issuance for the governmental purposes of such
Original Issues. Not more than 50% of the Proceeds of each such issue was invested at a
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substantially guaranteed yield for four years or more. The Issuer reasonably expects that more than 85% of Net Sale Proceeds of the Nonrefunding Portion of the Issue will be expended for the
governmental purposes thereof within three years after the Issue Date. Not more than 50% of the
Nonrefunding Portion of the Proceeds will be invested at a substantially guaranteed yield for four years or more.
2.13 Useful Life. The weighted average maturity of the Issue is 0.997 years, which does not exceed 120% of the remaining average reasonably expected economic life of the assets
comprising the Projects.
ARTICLE III. ARBITRAGE GENERAL
3.1 Reasonable Expectations. This Article III states the Issuer’s reasonable expectations with respect to the amounts and uses of Proceeds and certain other moneys.
3.2 Issue Price of the Issue. On the Issue Date, the Issuer is delivering the notes of
the Issue to the Successful Bidder in exchange for an aggregate payment of $1,209,573.77 (which
represents the total amount of Sale Proceeds, $1,211,487.07, less an underwriter’s discount of $1,913.30). As reflected in Exhibit B, the Municipal Advisor has certified that the competitive sale requirements (as defined in the Notice of Sale) were met with respect to the notes of the Issue. Accordingly, based on the advice of the Successful Bidder as set forth in Exhibit A, the Issue Price
of the Issue is $1,211,487.07, which is the reasonably expected initial offering price to the Public
for the notes of the Issue.
3.3 Funds and Accounts. The Issuer will use certain portions of its General Fund (or accounts or subaccounts within the General Fund) to hold certain of the Proceeds, as more particularly described in this Article III. The Issuer does not expect that either it or any other
Person benefiting from the issuance of the Issue will use any moneys in any fund or account other
than the Bona Fide Debt Service Fund to pay debt service on the Issue; nor is any other fund or account so pledged as security for the Issue that there is a reasonable assurance that amounts held in such other fund or account will be available if needed to pay debt service on the Issue.
3.4 Bona Fide Debt Service Fund.
3.4.1 Payment of the Issue. The notes of the Issue are general obligations of the
Issuer payable from revenues available therefor pursuant to the Massachusetts General Laws and, when and as applicable, Sale Proceeds, Investment Proceeds, and the Proceeds of Refunding Obligations.
3.4.2 Revenues. Except for the debt service to be paid from a portion of the Sale
Proceeds, Investment Proceeds, and the Proceeds of Refunding Obligations, each when and as
applicable, payments of debt service on the Issue are expected to be derived from current revenues of the Issuer and current revenues are expected to equal or exceed such amount of debt service on the Issue during the payment period.
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3.4.3 Match Between Revenues and Debt Service. The portions of the Issuer’s General Fund that are reasonably expected to be used to pay debt service on the Issue (such
portions of the Issuer’s General Fund being referred to herein as the “Debt Service Fund”) will be
allocated to the payment of debt service on the Issue on a “first in, first out” (FiFo) basis. Accordingly, the Debt Service Fund will be used primarily to achieve a proper matching of revenues and debt service within the Bond Year. Amounts in the Debt Service Fund will be invested without regard to yield.
3.5 Three-Year Temporary Period. A portion of the Sale Proceeds allocable to the
Nonrefunding Portion in the amount of $95,810.00, will be deposited in the General Fund for the purpose of paying costs of the New Money Projects. The Issuer’s expenditure expectations with respect to the Proceeds allocable to the New Money Projects are reflected in Exhibit C. The Issuer reasonably expects that at least 85% of the Net Sale Proceeds will be spent to pay costs of the New
Money Projects within three years from the Issue Date. The Issuer heretofore has incurred or
within six months hereafter will incur a binding obligation to one or more unrelated parties involving an expenditure of not less than 5% of Net Sale Proceeds. Completion of the New Money Projects and allocations of Net Sale Proceeds and Investment Proceeds to costs of the New Money Projects will proceed with due diligence. Net Sale Proceeds allocable to paying costs of the New
Money Projects held in the General Fund, and Investment Proceeds earned thereon, will be
invested without regard to yield during the period ending on the third anniversary of the Issue Date.
3.6 90-Day Temporary Period. As reflected in 2.1 and 2.9, (i) a portion of Sale Proceeds allocable to the Refunding Portion in the amount of $1,100,000.00 will be deposited in
the General Fund and used to retire the Refunded Notes on the Issue Date of the Issue and (ii) a
portion of Sale Proceeds in the amount of $0.00 will be deposited to the General Fund pending its expenditure for Issuance Costs. Such portions of the Sale Proceeds may be invested without regard to yield during the period that ends 90 days after the Issue Date of the Issue.
3.7 No Overissuance. Taking into account anticipated Investment Proceeds, the Sale
Proceeds do not exceed the amount necessary to pay (i) costs of the New Money Projects, (ii) the
Refunded Notes, (iii) Funded Interest, if applicable, and (iv) Issuance Costs and other common costs of the Issue.
3.8 No Other Replacement Proceeds. Neither the Issuer nor any Related Party will use any Gross Proceeds directly or indirectly to replace funds of the Issuer or any Related Party,
which funds are or will be used directly or indirectly to acquire Investment Property reasonably
expected to produce a yield that is materially higher than the Yield on the Issue.
3.9 No Expected Sale. It is not expected that the Projects or any part thereof financed and/or refinanced in whole or in part by the Issue will be sold or otherwise disposed of before February 27, 2026, the scheduled final maturity date of the Issue, except for minor portions due to
normal wear or obsolescence.
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ARTICLE IV. ARBITRAGE - YIELD AND YIELD RESTRICTION
4.1 Yield. The Yield on the Issue, adjusted as may be required for substantial original
issue premium or discount, has been calculated by the Municipal Advisor to be 2.6333589%, as
reflected in Exhibit B.
4.2 No Qualified Hedges. No Qualified Hedge has been, and (absent an Opinion of Bond Counsel) no Qualified Hedge will be, entered into such that failure to take the Qualified Hedge into account would distort the Yield on the Issue or otherwise would fail clearly to reflect
the economic substance of the transaction.
4.3 Yield Restriction. Absent an Opinion of Bond Counsel, if the sum of (A) any Proceeds allocable to the payment of the Projects held in the General Fund after the third anniversary of the Issue Date, or, if applicable, the Issue Date of any Original Issue, plus (B) any amounts held in the Bona Fide Debt Service Fund and remaining unexpended after 13 months
from the date of accumulation in such fund (excluding any amounts held for Capitalized Interest
and Funded Interest), plus, if applicable, (C) any Proceeds allocable to the retirement of any Refunded Bonds and Refunded Notes held in the General Fund after 90 days from the Issue Date, plus, if applicable, (D) any Transferred Proceeds held in the General Fund after the third anniversary of any Original Issue, plus (E) any Proceeds held in the Issuer’s General Fund to pay
Issuance Costs after 90 days from the Issue Date, at any time in the aggregate exceeds $100,000,
the excess will be invested as follows: (i) in Investment Property with a yield not exceeding the Yield on the Issue, or such other issue of Tax-Exempt Bonds to which such amounts are then allocated as proceeds, (ii) in assets that are not treated as Investment Property (e.g., Tax-Exempt Bonds), or (iii) in assets that satisfy the requirements for Yield Reduction Payments.
ARTICLE V. REBATE
5.1 Undertakings. The Issuer hereby covenants to comply with requirements of the Code pertaining to the Rebate Requirement. The Issuer acknowledges that the United States Department of the Treasury has issued Regulations with respect to certain of these undertakings, including the proper method for computing whether any rebate amount is due the federal
government under Section 148(f). (Reg §§ 1.148-1 through 1.148-11A, 1.150-1, and 1.150-2.)
The Issuer further acknowledges that the United States Department of the Treasury may yet issue additional Regulations with respect to certain of these undertakings. The Issuer covenants that it will undertake to determine what is required with respect to the rebate provisions contained in Section 148(f) and said Regulations from time to time and will comply with any requirements that
may apply to the Issue.
5.2 Recordkeeping. The Issuer shall maintain or cause to be maintained detailed records with respect to each Nonpurpose Investment allocable to Gross Proceeds, including: (a) purchase date; (b) purchase price; (c) information establishing fair market value on the date such investment became a Nonpurpose Investment; (d) any accrued interest paid; (e) face amount; (f)
coupon rate; (g) periodicity of interest payments; (h) disposition price; (i) any accrued interest
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received; and (j) disposition date. Such detailed recordkeeping is required to facilitate the calculation of the Rebate Requirement.
5.3 Exceptions to the Rebate Requirement.
5.3.1 Bona Fide Debt Service Fund Exception. Based on the representations set forth in 3.4.3 and this 5.3.1, no rebate calculations need be made in respect of amounts in the Bona Fide Debt Service Fund (i) if (a) the weighted average maturity of the Issue is longer than 5 years and (b) the Issue is a Fixed Yield Issue or (ii) if clause (i) does not apply, to the extent the
earnings thereon in the Bond Year are less than $100,000.
5.3.2 Six-Month Expenditure Exception. If applicable, no rebate calculations will be required to be made with respect to the Adjusted Gross Proceeds allocable to the Refunding Portion if all such Adjusted Gross Proceeds are expended within six months of the Issue Date.
5.3.3 Eighteen Month Spending Exception. In general, when applicable, no
rebate calculations will be required with respect to Adjusted Gross Proceeds of the Nonrefunding
Portion if the Eighteen Month Spending Exception is met. The Issuer’s spending expectations with respect to the Adjusted Gross Proceeds are included in Exhibit C.
5.3.4 Two Year Spending Exception. The Issuer reasonably expects that at least 75% of Available Construction Proceeds will be expended for Construction Expenditures with
respect to the Projects. The Issuer’s spending expectations with respect to the Proceeds allocable
to the New Money Projects or the Projects, as applicable, are reflected in Exhibit C. In general, when applicable, no rebate calculations will be required with respect to Available Construction Proceeds if Available Construction Proceeds are spent in accordance with the Two Year Spending Exception. Additionally, Proceeds of the Issue that are used to pay Issuance Costs will be treated,
together with all Investment Proceeds thereon, as satisfying the Rebate Requirement if the Two
Year Spending Exception is satisfied and all such Issuance Costs are paid within twenty-four months after the Issue Date.
5.4 Rebate Requirement with Respect to the Prior Issues. The Issuer covenants to, and will, pay any Rebate Requirement or Yield Reduction Payments due with respect to the Prior
Issues within 60 days from the Computation Date for the respective obligations or, if later and if
applicable, within 60 days of missing one of the relevant spending milestones, as required by Section 148(f)(3).
5.5 Rebate Requirement or Yield Reduction Payments with Respect to the Issue. The Issuer covenants to, and will, pay any Rebate Requirement or Yield Reduction Payments due
with respect to the Issue within 60 days from the Computation Date for the Issue or, if later, within
60 days of missing one of the spending milestones, as required by Section 148(f)(3).
ARTICLE VI. OTHER MATTERS
6.1 Expectations. The undersigned are authorized representatives of the Issuer acting for and on behalf of the Issuer in executing this Tax Certificate. To the best of the knowledge and
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belief of the undersigned, there are no other facts, estimates or circumstances that would materially change the expectations as set forth herein, and said expectations are reasonable.
6.2 Covenant to Comply. The Issuer hereby covenants that it will not take or permit
to be taken on its behalf any action or actions that would adversely affect the exclusion from federal income taxation of interest on the Issue and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to maintain the exclusion from federal income taxation of interest on the Issue.
6.3 Post Issuance Compliance Procedures. The Issuer has written procedures to
monitor compliance with the arbitrage Yield restriction and rebate requirements of Section 148 after the Issue Date. The Issuer also has written procedures to ensure that all Nonqualified Bonds are remediated in accordance with Reg § 1.141-12. Such procedures are substantially in the form attached hereto as Appendix C. The Issuer will monitor the expenditure of Gross Proceeds and
the use of facilities financed and/or refinanced by the Issue, and will undertake, if necessary, any
available measures under Reg § 1.141-12 to ensure compliance after the Issue Date with the applicable covenants contained herein.
6.4 Record Retention. In order to ensure that interest on the Issue continues to be excluded from gross income for federal tax law purposes, the Issuer acknowledges that records
should be maintained to support the representations, certifications, and expectations set forth in
this Tax Certificate (including the exhibits hereto) at least until the date three (3) years after the later of (a) the date on which the Issue is retired, or (b) the date on which the last of the Refunding Obligations is retired. In addition to the items described in 5.2, records to be retained include, but are not limited to:
(i) basic records and documents relating to the Issue, and, when applicable, the Prior
Issues and any Qualified Equity relating to the Projects; (ii) documentation evidencing the expenditure of the Proceeds and, when applicable, Proceeds of the Prior Issues;
(iii) documentation evidencing the use of the Projects or any component thereof by public and private sources (i.e., copies of management contracts, research agreements, leases, etc.); (iv) documentation evidencing all sources of payment or security for the Issue and,
when applicable, the Prior Issues;
(v) documentation evidencing compliance with the timing and allocation of expenditures of the Proceeds, and, when applicable, Proceeds of the Prior Issues and any Qualified Equity relating to the Projects; and
(vi) records of all amounts paid to the United States in satisfaction of the Rebate Requirement for the Issue and IRS Forms 8038-T (or successor forms thereto) related to such payments or to Yield Reduction Payments.
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6.5 Amendments. Notwithstanding any other provision of this Tax Certificate, the Issuer may amend this Tax Certificate and thereby alter any actions allowed or required by this
Tax Certificate if such amendment is signed by an authorized officer and is supported by an
Opinion of Bond Counsel.
[Remainder of page intentionally left blank; signature page follows.]
[Signature page to Tax Certificate]
6.6 Survival of Payment or Defeasance. Notwithstanding any provision in this Tax Certificate or in any other agreement or instrument relating to the Issue to the contrary, the
obligation to remit the Rebate Requirement, if any, to the United States Department of the Treasury
and to comply with all other requirements contained in this Tax Certificate shall survive payment or defeasance of the Issue.
6.7 Execution of Counterparts and Delivery by Electronic Means. This Certificate, as well as any other certificates or documents relating to the Issue (collectively, the “Documents”),
may be executed in several counterparts, each of which shall be regarded as an original and all of
which shall constitute one and the same document. Delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document. Electronic signatures on any of the Documents shall be deemed original signatures for
the purposes of the Documents and all matters relating thereto, having the same legal effect as
original signatures.
Dated: February 28, 2025
TOWN OF LEXINGTON, MASSACHUSETTS
By:
Treasurer
By:
Select Board
Appendix A-1
APPENDIX A GENERAL DEFINITIONS
For purposes of the Tax Certificate to which this Appendix A is attached, and the exhibits to the Tax Certificate and any schedules or attachments to those exhibits, the following capitalized terms have the following meanings:
501(c)(3) Organization means any entity described in Section 501(c)(3).
Adjusted Gross Proceeds generally means Gross Proceeds, less amounts held in the Bona
Fide Debt Service Fund.
Available Construction Proceeds has the meaning set forth in Reg § 1.148-7(i) and generally means all Sale Proceeds reduced by Issuance Costs or, if applicable, all Sale Proceeds allocable to the Nonrefunding Portion, reduced by Issuance Costs allocable to the Nonrefunding
Portion financed with Sale Proceeds, plus all Investment Proceeds earned thereon before the earlier
of two years after the Issue Date or substantial completion of the New Money Projects or Projects, as applicable. In determining the amount of Available Construction Proceeds as of any date, there shall be included the amount of investment earnings reasonably expected after such date, together with investment earnings actually received or accrued as of such date.
Bona Fide Debt Service Fund has the meaning set forth in Reg § 1.148-1(b) and generally
means the Debt Service Fund identified in 3.4.3.
Bond Counsel means Troutman Pepper Locke LLP or, if applicable, another law firm with a nationally recognized public finance practice.
Bond Notice of Sale means, when applicable, the separate Notice of Sale for the bonds of
the Issue.
Bond Purchaser means, when applicable, an entity that purchases the bonds of the Issue, or, when applicable, a Prior Issue, for its own account without a present intent to resell.
Capitalized Interest means interest on the Issue, or, when applicable, a Prior Issue, from the Issue Date to the placed in service date of the Projects, that is properly capitalized in the cost
of the Projects under general federal income tax principles.
Code means the Internal Revenue Code of 1986, as amended.
Computation Date has the meaning set forth in Reg § 1.148-3(e) and generally means the date not later than the fifth Bond Year and each five years thereafter and the final maturity date of the Issue, each as applicable.
Construction Expenditures has the meaning set forth in Reg § 1.148-7(g)(1) and generally
means capital expenditures that are allocable to the cost of real property or constructed personal
Appendix A-2
property and includes costs of reconstruction and rehabilitation, but does not include costs of acquiring any interest in land or other existing real or personal property.
Controlled Group has the meaning set forth in Reg § 1.150-1(c) and generally means a
group of entities controlled directly or indirectly by the same entity or group of entities.
Debt Service Fund means the Debt Service Fund described in Article III.
Deliberate Action has the meaning set forth in Reg § 1.141-2(d)(3) and generally means any action taken by the Issuer that is within its control, but excludes (i) an involuntary or
compulsory conversion under Section 1033 or (ii) an action taken in response to a regulatory
directive made by the federal government.
Eighteen Month Spending Exception has the meaning set forth in Reg § 1.148-7(d) and generally means Adjusted Gross Proceeds are spent at least as quickly as follows:
15% within six months after the Issue Date
60% within twelve months after the Issue Date
100% within eighteen months after the Issue Date
The requirement that 100% of Adjusted Gross Proceeds be spent within eighteen months after the Issue Date will be met if at least 95% of Adjusted Gross Proceeds is spent within eighteen months and the remainder is held as a Reasonable Retainage, as permitted by contracts with the Issuer’s
contractors, and such remainder is spent within thirty months after the Issue Date.
Fixed Yield Bond has the meaning set forth in Reg § 1.148-1(b) and generally means any bond whose yield is fixed and determinable on its Issue Date.
Fixed Yield Issue has the meaning set forth in Reg § 1.148-1(b) and generally means any issue of which each bond of the issue is a Fixed Yield Bond.
Funded Interest means interest on the Issue, or, when applicable, a Prior Issue, other than
Capitalized Interest, through the later of three years after the Issue Date, or, if applicable, the Issue Date of a Prior Issue, or one year after the first component of the Projects is placed in service as set forth in Reg § 1.148-6(d)(3)(ii)(A)(3).
General Rule Maturities means, when applicable, those Maturities listed as the general
rule maturities in Schedule A to the attached Issue Price Certificate for the Bonds of the Issue or
the Notes of the Issue, as applicable.
Governmental Person has the meaning set forth in Reg § 1.141-1(b) and generally means a Governmental Unit.
Governmental Unit means a State or Local Governmental Unit.
Appendix A-3
Gross Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means all proceeds derived from or relating to the Issue, or, when applicable, a Prior Issue, including
Proceeds and Replacement Proceeds.
Guidelines means Reg §1.141-3(b)(4) and Revenue Procedure 2017-13 or any applicable predecessor or successor thereto.
Hold-the-Offering-Price Maturities means, when applicable, those Maturities listed as the hold-the-offering-price maturities in Schedule A to the attached Issue Price Certificate for the
Bonds of the Issue or the Notes of the Issue, as applicable.
Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which the Successful Bidder/Successful Bond Bidder/Successful Note Bidder sold at least 10% of such Hold-the-Offering-Price Maturity to the Public at prices that are
no higher than the initial offering price for such Hold-the-Offering-Price Maturity.
Investment Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means earnings received from investing and reinvesting Proceeds and from investing and reinvesting such earnings.
Investment Property has the meaning set forth in Section 148(b)(2) and generally means
any security or obligation, any annuity contract, or any other investment-type property, but does
not include any Tax-Exempt Bond.
Issuance Costs has the meaning set forth in Reg § 1.150-1(b) and generally means costs, to the extent incurred in connection with, and allocable to, the issuance of the Issue within the meaning of Section 147(g), and includes: underwriters’ spread; counsel fees; financial advisory
fees; credit rating fees; trustee fees; paying agent fees; bond registrar, certification, and
authentication fees; accounting fees; printing costs; public approval process costs; engineering and feasibility study costs; and similar costs.
Issue Date has the meaning set forth in Reg § 1.150-1(b) and generally means the date the Issue, or, when applicable, a Prior Issue, was delivered to the Underwriter or Purchaser thereof
and payment was received therefor.
Issue Price has the meaning set forth in Reg § 1.148-1(f) and generally means (i) the Expected Offering Price of a Successful Bidder/Successful Bond Bidder/Successful Note Bidder, (ii) the amount paid by the Purchaser for the Issue, the notes of the Issue, and/or the bonds of the Issue, and/or (iii) the price at which at least 10% of each maturity of the General Rule Maturities
were sold by the Successful Bidder/Successful Bond Bidder/Successful Note Bidder, all as set
forth in Exhibit A, or, when applicable, the sum of the applicable clauses above.
Maturity means bonds and/or notes of the Issue with the same credit and payment terms. Bonds and/or notes of the Issue with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate maturities.
Appendix A-4
Minor Portion has the meaning set forth in Section 148(e) and generally means any amount of Gross Proceeds that does not exceed the lesser of (i) 5% of the Proceeds or (ii) $100,000.
Net Sale Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means the
Sale Proceeds allocable to the Nonrefunding Portion, less the portion of those Sale Proceeds invested in a reasonably required reserve or replacement fund pursuant to Section 148(d) or as part of the Minor Portion.
Nongovernmental Person means any Person other than a Governmental Person.
Nongovernmental Person includes the United States and any agency or instrumentality of the
United States.
Nonpurpose Investment means any Investment Property in which Gross Proceeds are invested that is not a Purpose Investment.
Nonqualified Bonds has the meaning set forth in Reg § 1.141-12(j) and generally means
the portion of outstanding bonds of an Issue that, as of the date of a Deliberate Action, would not
meet the private business use test in Section 141(b) or the private loan financing test in Section 141(c).
Nonrefunding Portion means, when applicable, the portion of the Issue or the Prior Issue, as applicable, that is not allocable to the Refunding Portion.
Note Notice of Sale means, when applicable, the separate Notice of Sale for the notes of
the Issue.
Note Purchaser means, when applicable, an entity that purchases the notes of the Issue, or, when applicable, a Prior Issue, for its own account without a present intent to resell.
Notice of Sale means the Notice of Sale, or, when applicable, collectively the Bond Notice
of Sale and Note Notice of Sale, attached as Attachment 1 to Exhibit B.
Opinion of Bond Counsel means a written opinion of nationally recognized bond counsel, delivered to the Issuer, to the effect that the exclusion from gross income for federal income tax purposes of interest on the Issue will not be adversely affected.
Original Issues means, when applicable, collectively, the portions of the Refunded Bonds
and/or Refunded Notes and the issues that were issued to finance the Projects on a “new money”
basis and any other obligations all or a portion of which were issued to finance the Projects on a new money basis which have been ultimately refinanced by this Issue.
Person has the meaning set forth in Section 7701(a)(1) and generally includes an individual, trust, estate, partnership, association, company or corporation.
Preliminary Expenditures has the meaning set forth in Reg § 1.150-2(f)(2) and generally
means architectural, engineering, surveying, soil testing, Issuance Costs, including, when applicable, Issuance Costs allocable to the Nonrefunding Portion, and similar costs paid with respect to the Projects in an aggregate amount not exceeding 20% of the Issue Price of the Issue,
Appendix A-5
or, when applicable, the Issue Price of the Issue allocable to the Nonrefunding Portion. However, Preliminary Expenditures do not include land acquisition, site preparation or similar costs incident
to the commencement of construction.
Prior Issue(s) means, when applicable, individually or collectively, the Original Issues and each series of exclusively current refunding obligations all or a portion of which were thereafter issued to refinance the Original Issues.
Private Business Use has the meaning set forth in Reg § 1.141-3(a) and generally means
use (directly or indirectly) in a trade or business carried on by any Nongovernmental Person other
than use (i) as a member of, and on the same basis as, the general public or (ii) pursuant to the Guidelines or the Research Guidelines. Any activity carried on by a Nongovernmental Person (other than a natural Person) shall be treated as a trade or business.
Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means Sale Proceeds,
Investment Proceeds and Transferred Proceeds of the Issue or, when applicable, a Prior Issue.
Public has the meaning set forth in Reg § 1.148-1(f)(3)(ii) and generally means any Person other than an Underwriter or a Related Party to an Underwriter.
Purchaser means, when applicable, an entity, including a Successful Bidder, that purchases the Issue, or, when applicable, a Prior Issue, for its own account without a present intent
to resell.
Purpose Investment has the meaning set forth in Reg §1.148-1(b) and generally means an investment that is acquired by the Issuer to carry out the governmental purpose of the Issue.
Qualified Equity has the meaning set forth in Reg § 1.141-6(b)(3) and generally means funds that are not derived from proceeds of a Tax-Advantaged Bond.
Qualified Guarantee has the meaning set forth in Reg § 1.148-4(f) and generally means
an arrangement that imposes a secondary liability that unconditionally shifts substantially all of the credit risk for all or part of the payments on the Issue to the guarantor under that arrangement.
Qualified Hedge has the meaning set forth in Reg § 1.148-4(h) and generally means a contract entered into by the Issuer with a hedge provider primarily to modify the Issuer’s risk of
interest rate changes with respect to all or a part of the Issue.
Reasonable Retainage has the meaning set forth in Reg § 1.148-7(h) and generally means an amount, not to exceed 5% of Available Construction Proceeds or Adjusted Gross Proceeds, as applicable, on the date 24 months, or 18 months, as applicable, after the Issue Date, that is retained for reasonable business purposes relating to the Projects, including to ensure or promote
compliance with a construction contract.
Rebate Requirement means the amount of rebatable arbitrage with respect to the Issue, computed as of the last day of any Bond Year pursuant to Reg § 1.148-3.
Appendix A-6
Refunded Bonds means, when applicable, all or the portion of each of the series of bonds being refunded by the Issue, as identified in Appendix B.
Refunded Notes means, when applicable, all or the portion of each of the series of notes
being refunded by the Issue, as identified in Appendix B.
Refunding Obligations means a Tax-Advantaged Bond issued to refund any portion of the Issue, including any subsequent Tax-Advantaged Bond in a series of refundings thereof.
Refunding Portion means, when applicable, the portion of the Issue allocable to the
refunding of the Refunded Bonds and/or Refunded Notes, together with the portion of the Issue
allocable to the financing of a ratable share of Issuance Costs and other common costs of the Issue.
Regulations or Reg means the applicable Treasury Regulations promulgated by the Secretary of the Treasury of the United States under the Code.
Related Party has the meaning set forth in Reg §1.150-1(b) and generally means, in
reference to a Governmental Unit or a 501(c)(3) Organization, any member of the same Controlled
Group, and in any reference to any other Person, any two or more Persons who have more than fifty percent (50%) common ownership, directly or indirectly.
Replacement Proceeds has the meaning set forth in Reg §1.148-1(c) and generally means amounts that have a sufficiently direct nexus to the Issue or to the governmental purpose of the
Issue to conclude that the amounts would have been used for that governmental purpose if the
Proceeds of the Issue were not used, and includes a sinking fund, a pledged fund, and other replacement proceeds, each as defined in Reg § 1.148-1(c).
Research Guidelines means Reg §1.141-3(b)(6) and Revenue Procedure 2007-47 or any applicable successor thereto.
Sale Date has the meaning set forth in Reg § 1.150-1(c)(6) and generally means the first
day on which there is a binding contract in writing for the sale of a Maturity.
Sale Proceeds has the meaning set forth in Reg § 1.148-1(b) and generally means amounts actually or constructively received from the sale of the Issue, or, when applicable, a Prior Issue.
Signature Certificate means the Signature, No Litigation and Official Statement
Certificate or similar certificate prepared by Bond Counsel relating to the Issue or, when
applicable, a Prior Issue.
Small Issuer Exception has the meaning set forth in Section 148(f)(4)(D) and Reg § 1.148-8(a) and generally means that, as of the Issue Date, either (i) the Issue meets the exception for a current refunding under Section 148(f)(4)(D)(v) or (ii) the Issuer reasonably expects that the
aggregate Issue Price of Tax-Exempt Bonds (other than (a) current refunding bonds to the extent
the amount thereof does not exceed the outstanding amount of the obligations to be refunded thereby and (b) qualified private activity bonds) issued and to be issued by or on behalf of the Issuer during the current calendar year will not exceed $5,000,000 except by the lesser of (1) $10,000,000 or (2) the aggregate face amount of bonds, in either case attributable to financing the
Appendix A-7
construction of public school facilities, as provided in Section 148(f)(4)(D)(vii). In addition, the Issuer must have the power to impose or to cause the imposition of taxes of general applicability
which, when collected, may be used for the general purposes of the Issuer. The Issuer’s power to
impose or cause the imposition of such taxes cannot be contingent on approval by any other Governmental Unit. The Issuer cannot form or avail itself of an entity for the purpose of avoiding the volume limitation described above.
State or Local Governmental Unit has the meaning set forth in Reg § 1.103-1(a) and is
generally a state or any political subdivision of a state, but excludes the United States and its
agencies or instrumentalities.
Successful Bidder(s) means, when applicable, the Successful Bidder(s) set forth in Appendix B.
Successful Bond Bidder means, when applicable, the Successful Bond Bidder set forth in
Appendix B.
Successful Note Bidder means, when applicable, the Successful Note Bidder set forth in Appendix B.
Tax-Advantaged Bond has the meaning set forth in Reg § 1.150-1(b) and generally means a tax-exempt bond or a taxable bond that provides a federal tax benefit that reduces the Issuer’s
borrowing costs.
Tax Certificate means the Tax Certificate to which this Appendix A is attached.
Tax-Exempt Bond means any obligation the interest on which is excluded from gross income for federal income tax purposes pursuant to Section 103, other than a “specified private activity bond” within the meaning of Section 57(a)(5)(C), as well as (i) stock in a “regulated
investment company” (within the meaning of Section 852) to the extent at least 95 percent of
income to the stockholder is treated as interest on Tax-Exempt Bonds and (ii) any demand deposit obligation issued by the United States Department of the Treasury pursuant to Subpart C of 31 CFR Part 344.
Transferred Proceeds has the meaning set forth in Reg § 1.148-9(b) and generally means
Proceeds of a Prior Issue that become Proceeds of the Issue under the transferred proceeds
allocation rule in Reg § 1.148-9(b).
Two Year Spending Exception has the meaning set forth in Reg § 1.148-7(e) and generally means Available Construction Proceeds are expended at least as quickly as follows:
10% within six months after the Issue Date
45% within twelve months after the Issue Date
75% within eighteen months after the Issue Date
100% within twenty-four months after the Issue Date
Appendix A-8
The requirement that 100% of Available Construction Proceeds be spent within twenty-four months after the Issue Date will be met if at least 95% of Available Construction Proceeds is spent
within twenty-four months and the remainder is held as Reasonable Retainage, as permitted by
contracts with the Issuer’s contractors, and such remainder is spent within thirty-six months after the Issue Date.
Underwriter means (i) any Person, including, when applicable, a Successful Bidder/Successful Bond Bidder/Successful Note Bidder, that agrees pursuant to a written contract
with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in
the initial sale of the bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public, and (ii) any Person that agrees pursuant to a written contract directly or indirectly with a Person described in clause (i) of this paragraph to participate in the initial sale of such bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public (including a member of a selling
group or a party to a third-party distribution agreement participating in the initial sale of such
bonds and/or notes of the Issue, or, when applicable, a Prior Issue, to the Public).
Votes means the authorizations for the Issue specified in the Signature Certificate.
Yield has the meaning set forth in Reg § 1.148-4 for an issue and Reg § 1.148-5 for investments, and generally means, as to the Issue, or, when applicable, a Prior Issue, or Investment
Property, as applicable, that discount rate which, when used in computing the present value of all
unconditionally payable payments representing (i) principal, adjusted, as required, for any substantial discounts or premiums, (ii) interest, including costs of Qualified Guarantees, and (iii) payments or receipts on Qualified Hedges, produces an amount equal to the Issue Price of the Issue, or, when applicable, a Prior Issue, or the purchase price of Investment Property, as
appropriate.
Yield Reduction Payment means a “qualified yield reduction payment” to the United States Department of the Treasury that reduces the yield on Investment Property, as set forth in Reg § 1.148-5(c).
Appendix B-1
APPENDIX B ISSUE SPECIFIC DEFINITIONS
For purposes of the Tax Certificate to which this Appendix B is attached, and the exhibits to the Tax Certificate and any schedules or attachments to those exhibits, the following capitalized terms have the following meanings:
2024 Issue means the Issuer’s $1,102,622 General Obligation Bond Anticipation Notes,
issued on its Issue Date, on a new money basis, and payable February 28, 2025.
Bond Year means the period beginning on the Issue Date and ending on February 27, 2026, which is the last day on which any notes of the Issue will remain outstanding for federal tax purposes.
Issue Date means, as to the Issue, the date of this Tax Certificate, February 28, 2025.
Municipal Advisor means Hilltop Securities Inc., as municipal advisor to the Issuer in
connection with the Issue.
Refunded Notes means the $1,100,000.00 portion of the 2024 Issue. The remainder of the 2024 Issue will be retired with other moneys of the Issuer.
Sale Date of the Issue is February 19, 2025.
Sale Proceeds means as to the Issue, the amount of $1,211,487.07, comprising the stated
principal amount of the Issue ($1,195,810), plus original issue premium thereon in the amount of $15,677.07.
Successful Bidder means Fidelity Capital Markets, a Division of National Financial Services LLC.
Appendix C-1
APPENDIX C POST-ISSUANCE TAX COMPLIANCE PROCEDURES
TAX-EXEMPT OBLIGATIONS AND OTHER TAX-BENEFITED OBLIGATIONS I. Introduction These post-issuance compliance procedures of the Issuer are designed to provide for the effective
management of the Issuer’s post issuance compliance program for tax-exempt and other tax-
benefited obligations in a manner consistent with state and federal laws applicable to such obligations. II. Post-Issuance Tax Compliance
The Treasurer of the Issuer, or such other designated officer (the “Compliance Officer”) shall be the primary bond compliance officer responsible for each issuance by the Issuer of tax-exempt (or otherwise tax-benefited) bonds, notes, financing leases, or other obligations (herein, collectively referred to as “bonds”). All information related to each bond issue and the facilities, equipment
and other assets financed by such issue shall be maintained by or on behalf of the Compliance
Officer and the actions taken under subsections A through C of this Section II shall be taken by the Compliance Officer or on behalf of the Compliance Officer by such other officers or employees of the Issuer as appropriate.
A. Tax Certificate and Continuing Education 1. Tax Certificate – A Tax Certificate is prepared for each issuance of bonds. Immediately upon issuing any bonds, the Compliance Officer, in conjunction with the Issuer’s bond counsel and financial advisor, shall review the Tax Certificate and make notes regarding
specific compliance issues for such bond issue on the Post-Issuance Compliance Notes
form at Exhibit A. The Tax Certificate and Notes shall clearly define the roles and responsibilities relating to the ongoing compliance activities for each bond issue and will identify specific compliance requirements.
2. Continuing Education – The Compliance Officer will actively seek out advice of bond
counsel on any matters that appear to raise ongoing compliance concerns and may attend or participate in seminars, teleconferences, etc. sponsored by organizations such as the Massachusetts Collector-Treasurer Association and the Massachusetts Government Finance Officers Association that address compliance issues and developments in the
public finance bond arena. In addition, national organizations such as the Securities
Industry and Financial Markets Association (SIFMA) and the National Association of Bond Lawyers (NABL) offer numerous training opportunities and materials which may be useful to the Compliance Officer.
B. Tax-Exempt Bonds Compliance Monitoring
Appendix C-2
1. Restrictions against Private Use – The Compliance Officer will continuously monitor the expenditure of bond proceeds and the use of facilities or equipment financed or refinanced
with bonds to ensure compliance with Section 141 of the Internal Revenue Code (the
“Code”) which generally establishes limitations on the use of bond-financed facilities by non-state or local governmental entities, such as individuals using bond-financed assets on a basis other than as a member of the general public, corporations and the federal government and its agencies and instrumentalities.
a. Use of Bond Proceeds – The Compliance Officer will monitor and maintain records with respect to expenditures to ensure that bond proceeds are being used on capital expenditures for governmental purposes in accordance with the bond documents and document the allocation of all bond proceeds. Such monitoring is required not only for
tax-exempt bonds, but also for tax credit bonds.
b. Use of the Bond-Financed Facility or Equipment i. Equipment assets financed with bonds will be listed in a schedule for each bond
issue, which schedule may be included in the Tax Certificate. Equipment assets
generally are not to be disposed of prior to the earlier of (a) the date the bonds and all subsequent refundings of such bonds are fully paid, or (b) the end of the useful life of such equipment. The Compliance Officer will maintain the list of all bond-financed equipment for each bond issue, together with the equipment’s
expected useful life. ii. Constructed or acquired assets financed with bonds – In order to ensure that assets constructed or acquired using bond proceeds, such as infrastructure assets, are not leased, sold or disposed of prior to the end of the term of the bonds and of all subsequent refundings of such bonds:
• Any asset constructed or acquired with bond proceeds shall be flagged in the Issuer’s records, and
• These projects will be monitored by the Compliance Officer. iii. If there is any proposal to change the use of a bond-financed facility from a
governmental purpose to a use in which a private entity may have the use or benefit of such a facility on a basis that is different from the rest of the general public, the Compliance Officer will consult with bond counsel prior to the occurrence of the proposed change in use. 2. Qualification for Initial Temporary Periods and Compliance with Restrictions against Hedge Bonds a. Expectations as to Expenditure of “New Money” Bond Proceeds i. In order to qualify under the arbitrage rules for an initial temporary period of 3 years for “new money” issues during which bond proceeds can be invested without regard to yield (but potentially subject to rebate), the Issuer must
Appendix C-3
reasonably expect to spend at least 85% of “spendable proceeds” by the end of the temporary period. In general under Code Section 149, in order to avoid
classification of an issue of bonds as “hedge bonds,” the Issuer must both (x)
reasonably expect to spend 85% of the “spendable proceeds” of the bond issue within the 3 year period beginning on the date the bonds are issued and (y) invest not more than 50% of the proceeds of the issue in investments having a substantially guaranteed yield for 4 years or more. These expectations have
been documented for the Issuer’s outstanding bond issues in the tax certificates
executed in connection with each bond issue. ii. If, for any reason, the Issuer’s expectations concerning the period over which the bond proceeds are to be expended change from what was documented in the applicable tax certificate, the Compliance Officer will consult with bond
counsel. b. Project Draw Schedule Compliance Monitoring – While there are unspent proceeds of a bond issue, the Compliance Officer will compare and analyze the original anticipated project draw schedule and the actual expenditure payouts and
reimbursements on each bond-financed project on an annual or more frequent basis.
The purpose of this analysis is to determine the variances from the original expected draw schedule for each project and to document the reasons for these variances to provide a continual record on the spending progress of each bond-financed project. Factors relevant to the analysis include unexpected delays in the project timelines,
extreme weather, contract time extensions due to unexpected events, supplemental
agreements and any other factor with a potential to impact the progress or completion of the projects. Generally, there should be no effect on the tax-exempt status of the bonds under either the temporary period rules or the hedge bond rules if the actual disbursements do not meet the original project draw schedule, unless circumstances
surrounding the actual events cast doubt on the reasonableness of the stated
expectations on the issuance date. Therefore, it is important for the Compliance Officer to update the progress of each project at least annually, and consult with bond counsel as to any variance from the original schedule.
c. Bond Proceeds Expenditure Schedule Compliance Monitoring – While there are
unspent proceeds of bonds, the Compliance Officer will compare and analyze the bond proceeds expenditure schedule and the actual investment earnings on each project on an annual or more frequent basis. The purpose of this analysis is to determine any variances from the expected expenditure schedule and to document the reasons for
these variances. 3. Arbitrage Rebate Compliance a. Bonds may lose their tax-favored status, retroactive to the date of issuance, if they do
not comply with the arbitrage restrictions of section 148 of the Code. Two general sets
of requirements under the Code must be applied in order to determine whether
Appendix C-4
governmental bonds are arbitrage bonds: the yield restriction requirements of section 148(a) and the rebate requirements of section 148(f).
b. Yield Restriction Requirements – The yield restriction requirements provide, in general terms, that gross proceeds of a bond issue may not be invested in investments earning a yield higher than the yield of the bond issue, except for investments (i) during one of the temporary periods permitted under the regulations (including the initial three
year temporary period described above), (ii) in a reasonably required reserve or
replacement fund or (iii) in an amount not in excess of the lesser of 5% of the sale proceeds of the issue or $100,000 (the “minor portion”). Under limited circumstances, the yield on investments subject to yield restriction can be reduced through payments to the IRS known as “yield reduction payments.” The Tax Certificate will identify
those funds and accounts associated with a particular issue of bonds known, as of the
date of issuance, to be subject to yield restriction. c. Rebate Requirements
i. If, consistent with the yield restriction requirements, amounts treated as bond
proceeds are permitted to be invested at a yield in excess of the yield on the bonds (pursuant to one of the exceptions to yield restriction referred to above), rebate payments may be required to be made to the U.S. Treasury. Under the applicable regulations, the aggregate rebate amount is the excess of the future value of all
the receipts from bond funded investments over the future value of all the
payments to acquire such investments. The future value is computed as of the computation date using the bond yield as the interest factor. At least 90% of the rebate amount calculated for the first computation period must be paid no later than 60 days after the end of the first computation period. The amount of rebate
payments required for subsequent computation periods (other than the final
period) is that amount which, when added to the future value of prior rebate payments, equals at least 90% of the rebate amount. For the final computation period, 100% of the calculated amount must be paid. Rebate exceptions and expectations are documented for each bond issue in the tax certificate executed
at the time of such bond issue. ii. While there are unspent proceeds of bonds, the Issuer will engage an experienced independent rebate analyst to annually calculate any rebate that may result for that year and annually provide a rebate report to the Compliance Officer. Bond counsel can assist with referrals to qualified
rebate analysts. d. Timing of Rebate Payments The Compliance Officer will work with the rebate analyst to ensure the proper calculation
and payment of any rebate payment and/or yield-reduction payment at the required time:
Appendix C-5
i. First installment due no later than 60 days after the end of the fifth anniversary of each bond issuance;
ii. Succeeding installments at least every five years; iii. Final installment no later than 60 days after retirement of last bond in the issue.1 4. Refunding Requirements
a. Refunded Projects – The Compliance Officer will maintain records of all bond
financed assets for each bond issue, including assets originally financed with a refunded bond issue. b. Yield Restriction – The Compliance Officer will work with its financial advisor
and bond counsel to maintain records of allocation of bond proceeds for current and
advance refundings of prior bond issues to ensure that such bond proceeds are expended as set forth in the applicable tax certificate executed at the time the refunding bonds are issued. Any yield restricted escrows will be monitored for ongoing compliance.
C. Record Retention 1. Section 6001 of the Code provides the general rule for the proper retention of records for federal tax purposes. The IRS regularly advises taxpayers to maintain sufficient records to
support their tax deductions, credits and exclusions. In the case of a tax-exempt bond
transaction, the primary taxpayers are the bondholders. In the case of other tax benefited bonds, such as “build America bonds” or “recovery zone economic development bonds”, the Issuer will be treated as the taxpayer. In order to ensure the continued exclusion of interest to such bondholders, it is important that the Issuer retain sufficient records to
support such exclusion.
2. In General a. All records associated with any bond issue shall be stored electronically or in hard copy
form at the Issuer’s offices or at another location conveniently accessible to the Issuer.
b. The Compliance Officer will ensure that the Issuer provides for appropriate storage of these records.
c. If storing documents electronically, the Issuer shall conform with Rev. Proc. 97-22,
1997-1 C.B. 652 (as the same may be amended, supplemented or superseded), which provides guidance on maintaining books and records by using an electronic storage system. Bond counsel can furnish a copy of this Revenue Procedure if needed.
1 Generally, rebate payments must be paid not later than 60 days after retirement of the last bond in the issue.
Appendix C-6
3. Bonds – Unless a longer period of time is required by state law, the Issuer shall maintain
the bond record as defined in this section for the longer of the life of the bonds plus 3 years
or the life of refunding bonds (or series of refunding bonds) which refunded the bonds plus 3 years. The bond record shall include the following documents: a. Pre-Issuance Documents
i. Guaranteed Investment Contracts (“GICs”) and Investments (other than Treasury’s State and Local Government Series Securities, “SLGs”) – If applicable, the Compliance Officer shall retain all documentation regarding the procurement of each GIC or other
investment acquired on or before the date of bond issuance, including
as applicable the request for bids, bid sheets, documentation of procurement method (i.e., competitive vs. negotiated), etc. If investments other than SLGs are used for a defeasance escrow, the documentation should include an explanation of the reason for the
purchase of open market securities and documentation establishing the
fair value of the securities and compliance with safe harbor bidding rules. If SLGs are purchased, a copy of the final subscription shall be maintained. ii. Project Draw Schedule – The Compliance Officer shall retain all
documentation and calculations relating to the draw schedule used to
meet the “reasonable expectations” test and use of proceeds tests (including copies of contracts with general and sub-contractors or summaries thereof). iii. Issue Sizing – The Compliance Officer shall maintain a copy of all
financial advisor’s or underwriter’s structuring information. iv. Bond Insurance – If procured by the Issuer, the Compliance Officer shall maintain a copy of insurance quotes and calculations supporting the cost benefit of bond insurance, if any. v. Costs of Issuance documentation – The Compliance Officer shall
retain all invoices, payments and certificates related to costs of issuance
of the bonds. b. Issuance Documents – The Compliance Officer shall retain the bound bond transcript delivered from bond counsel.
c. Post-Issuance Documents i. Post-Issuance Guaranteed Investment Contracts and Investments (Other than SLGs) – the Compliance Officer shall retain all
documentation regarding the procurement of any GIC or other
investment acquired after bond issuance, including as applicable the
Appendix C-7
request for bids, bid sheets, documentation of procurement method (i.e., competitive vs. negotiated), etc. If investments other than SLGs are
used for a defeasance escrow, the documentation should include an
explanation of the reason for the purchase of open market securities and documentation establishing the fair value of the securities and compliance with safe harbor bidding rules. ii. Records of Investments shall be retained by the Compliance Officer.
iii. Investment Activity Statements shall be retained by the Compliance
Officer. iv. Records of Expenditures – The Compliance Officer shall maintain or shall cause to be maintained all invoices, etc. relating to equipment purchases and constructed or acquired projects, either electronically or
in hard copy. v. Records of Compliance
• Qualification for Initial Temporary Periods and Compliance with Restrictions against Hedge Bond Documentation – The
Compliance Officer shall prepare the annual analysis described in
Section II(B)(2) above and maintain these records.
• Arbitrage Rebate Reports may be prepared by the Compliance Officer or a third party as described in section II (B)(3) of this document and retained by the Compliance Officer.
• Returns and Payment – Shall be prepared at the direction of the Compliance Officer and filed as described in Section II(B)(3) of this document.
• Contracts under which any bond proceeds are spent (consulting engineering, acquisition, construction, etc.) – The Compliance Officer shall obtain copies of these contracts and retain them for the bond record.
d. General i. Audited Financial Statements – The Compliance Officer will maintain copies of the Issuer’s annual audited Financial Statements. ii. Reports of any prior IRS Examinations – The Compliance Officer
will maintain copies of any written materials pertaining to any IRS
examination of the Issuer’s bonds. III. Voluntarily Correcting Failures to Comply with Post-Issuance Compliance Activities
If, in the effort to exercise due diligence in complying with applicable federal tax laws, a potential
violation is discovered, the Issuer may address the violation through the applicable method listed below. The Issuer should work with its bond counsel to determine the appropriate way to proceed. A. Taking remedial actions as described in Section 141 of the Internal Revenue Code
Appendix C-8
B. Utilizing the Voluntary Closing Agreement Program (VCAP) – Section 7.2.3 of the Internal
Revenue Manual establishes the voluntary closing agreement program for tax-exempt bonds (TEB
VCAP) whereby issuers of tax-exempt bonds can resolve violations of the Internal Revenue Code through closing agreements with the Internal Revenue Service. IV. Post Issuance Tax Compliance Procedures Review
The Compliance Officer shall review these procedures at least annually, and implement revisions or updates as deemed appropriate, in consultation with bond counsel.
Appendix C-9
Exhibit A
POST ISSUANCE COMPLIANCE NOTES
[Name of Bond]
Transaction Parties
Overall Responsible Party for Debt Management Activities __________________________________
Bond Counsel __________________________________ Paying Agent __________________________________ Rebate Specialist __________________________________ Other __________________________________
Appendix C-10
Exhibit A-1
EXHIBIT A
$1,195,810 Town of Lexington, Massachusetts General Obligation Bond Anticipation Notes Dated February 28, 2025
ISSUE PRICE CERTIFICATE AND RECEIPT
The undersigned, on behalf of the Successful Bidder, hereby certifies as set forth below with respect to the sale of the above-captioned obligations (“Issue”) of the Issuer. Capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the
Tax Certificate to which this Exhibit A is attached.
1. Reasonably Expected Initial Offering Price.
(a) As of the Sale Date, the reasonably expected initial offering price of the notes of the Issue to the Public by the Successful Bidder is the price listed in Schedule A (“Expected Offering Price”). The Expected Offering Price is the price for the notes of the Issue
used by the Successful Bidder in formulating its bid to purchase the Issue. Reflected in Schedule
B is a true and correct representation of the bid provided by the Successful Bidder to purchase the notes of the Issue.
(b) The Successful Bidder was not given the opportunity to review other bids prior to submitting its bid.
(c) The bid submitted by the Successful Bidder constituted a firm offer to
purchase the notes of the Issue.
2. Receipt. The Successful Bidder hereby acknowledges receipt of the notes of the Issue from the Issuer and further acknowledges receipt of all certificates, opinions and other documents required to be delivered to the Successful Bidder, before or simultaneously with the
delivery of such notes of the Issue, which certificates, opinions and other documents are
satisfactory to the Successful Bidder.
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Successful Bidder’s interpretation of any laws, including specifically Sections 103 and 148 and the Regulations thereunder.
[Remainder of page intentionally left blank; signature page follows.]
Exhibit A-2
The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect
to compliance with the federal income tax rules affecting the Issue, and by Troutman Pepper Locke
LLP in connection with rendering its opinion that the interest on the Issue is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Issue.
Dated: February 28, 2025 FIDELITY CAPITAL MARKETS, A
DIVISION OF NATIONAL FINANCIAL SERVICES LLC
By: ___________________________________ Name:
Title:
SCHEDULE A TO EXHIBIT A
EXPECTED INITIAL OFFERING PRICE TO THE PUBLIC
SCHEDULE B TO EXHIBIT A
SUCCESSFUL BIDDER’S BID
Exhibit B-1
EXHIBIT B
$1,195,810
Town of Lexington, Massachusetts General Obligation Bond Anticipation Notes Dated February 28, 2025 CERTIFICATE OF THE MUNICIPAL ADVISOR
The undersigned, on behalf of the Municipal Advisor, has assisted the Issuer in soliciting and receiving bids from potential underwriters in connection with the sale of the notes of the Issue in a competitive bidding process in which bids were requested for the purchase of such notes at specified written terms set forth in the Notice of Sale, a copy of which is attached to this certificate
as Attachment 1. Capitalized terms used and not otherwise defined herein shall have the respective
meanings set forth in the Tax Certificate to which this Exhibit B is attached. The competitive sale requirements (as defined in the Notice of Sale) for the notes of the Issue were met. The Municipal Advisor further advises as follows:
1. The notes of the Issue were offered for sale at specified written terms more
particularly described in the Notice of Sale, which was distributed to potential bidders.
2. The Notice of Sale was disseminated electronically through PARITY on February 11, 2025. The method of distribution of the Notice of Sale is regularly used for purposes of disseminating notices of sale of new issuances of municipal bonds, and notices disseminated in such manner are widely available to potential bidders.
3. To the knowledge of the Municipal Advisor, all bidders were offered an equal
opportunity to bid to purchase the notes of the Issue so that, for example, if the bidding process afforded any opportunity for bidders to review other bids before providing a bid, no bidder was given an opportunity to review other bids that was not equally given to all other bidders (that is, no exclusive “last-look”).
4. The Issuer received bids for the notes of the Issue from at least three Underwriters
who represented that they have established industry reputations for underwriting new issuances of municipal bonds. Based upon the Municipal Advisor’s knowledge and experience in acting as the Municipal Advisor for other municipal issues, the Municipal Advisor believes those representations to be accurate. Copies of any written bids received are attached to this certificate
as Attachment 2. Bids not reflected in Attachment 2, if any, were received by telephone rather
than in writing.
5. The winning bidder for the notes of the Issue was the Successful Bidder, whose bid was determined to be the best conforming bid in accordance with the terms set forth in the Notice of Sale, as shown in the bid comparison attached as Attachment 3 to this certificate. The Issuer
awarded the notes of the Issue to the Successful Bidder.
6. The Yield on the Issue is 2.6333589% as shown on the attached Schedule A.
Exhibit B-2
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Municipal Advisor’s interpretation of any laws, including
specifically Sections 103 and 148 and the Regulations thereunder.
[Remainder of page intentionally left blank; signature page follows.]
Exhibit B-3
The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate to which this
certificate is attached and with respect to compliance with the federal income tax rules affecting
the Issue, and by Troutman Pepper Locke LLP in connection with rendering its opinion that the interest on the Issue is excluded from gross income for federal income tax purposes, in the preparation of the Internal Revenue Service Form 8038-G, and in providing other federal income tax advice that it may give to the Issuer from time to time relating to the Issue. The Issuer and
Troutman Pepper Locke LLP may also rely on the foregoing information for purposes of
determining compliance with Section 21A of Chapter 44 of the Massachusetts General Laws, if applicable. No other Persons may rely on the representations set forth in this certificate without the prior written consent of the Municipal Advisor.
Dated: February 28, 2025 HILLTOP SECURITIES INC.
By: ___________________________________
Name: Title:
ATTACHMENT 1 TO EXHIBIT B
NOTICE OF SALE
ATTACHMENT 2 TO EXHIBIT B
COPIES OF WRITTEN BIDS RECEIVED
ATTACHMENT 3 TO EXHIBIT B
BID COMPARISON
SCHEDULE A TO EXHIBIT B
PROOF OF YIELD ON THE ISSUE
Exhibit C-1
EXHIBIT C
SPENDING SCHEDULE
143431885v.1
(Please Note: The following certificate is an essential part of the permanent record and creates ongoing obligations of the Issuer. Please read it carefully before signing. Advise
Troutman Pepper Locke LLP of any inaccuracy.)
SIGNIFICANT EVENTS DISCLOSURE CERTIFICATE
This Significant Events Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the Town of Lexington, Massachusetts (the “Issuer”) in connection with the issuance of $1,195,810 General Obligation Bond Anticipation Notes dated February 28, 2025
(the “Notes”). The Issuer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Owners of the Notes and in order to assist the Participating Underwriter in complying with the Rule.
SECTION 2. Definitions. For purposes of this Disclosure Certificate the following
capitalized terms shall have the following meanings:
“Listed Events” shall mean any of the events listed in Section 3(a) of this Disclosure Certificate.
“MSRB” shall mean the Municipal Securities Rulemaking Board as established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the
functions of the MSRB contemplated by this Disclosure Certificate. Filing information relating
to the MSRB is set forth in Exhibit A attached hereto.
“Obligated Person” shall mean the Issuer.
“Owners of the Notes” shall mean the registered owners, including beneficial owners, of the Notes.
“Participating Underwriter” shall mean any of the original underwriters of the Notes
required to comply with the Rule in connection with offering of the Notes.
“Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time.
SECTION 3. Reporting of Significant Events.
(a) The Issuer shall give notice, in accordance with the provisions of this Section 3, of
the occurrence of any of the following events with respect to the Notes:
1. Principal and interest payment delinquencies.
2. Non-payment related defaults, if material.
3. Unscheduled draws on debt service reserves reflecting financial difficulties.
2
4. Unscheduled draws on credit enhancements reflecting financial difficulties.
5. Substitution of credit or liquidity providers, or their failure to perform.
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Notes, or other material events affecting the tax status of the Notes.
7. Modifications to rights of the Owners of the Notes, if material.
8. Bond calls, if material, and tender offers.
9. Defeasances.
10. Release, substitution or sale of property securing repayment of the Notes, if material.
11. Rating changes.
12. Bankruptcy, insolvency, receivership or similar event of the Obligated Person.*
13. The consummation of a merger, consolidation, or acquisition involving an Obligated Person or the sale of all or substantially all of the assets of the Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant
to its terms, if material.
14. Appointment of a successor or additional trustee or the change of name of a trustee, if material.
15. Incurrence of a financial obligation of the Obligated Person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a
financial obligation of the Obligated Person, any of which affect Owners of the Notes, if material.†
* As noted in the Rule, this event is considered to occur when any of the following occur: (i) the appointment of a
receiver, fiscal agent or similar officer for an Obligated Person in a proceeding under the U.S. Bankruptcy Code or in any proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of an Obligated Person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or (ii) the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets
or business of the Obligated Person.
† For purposes of event numbers 15 and 16 in Section 3(a) of this Disclosure Certificate, the term “financial
obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” excludes municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule.
3
16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the Obligated Person, any of which
reflect financial difficulties.†
(b) Upon the occurrence of a Listed Event, the Issuer shall, in a timely manner not in excess of ten (10) business days after the occurrence of the event, file a notice of such occurrence with the MSRB.
SECTION 4. Transmission of Information and Notices. Unless otherwise required by
law, all notices, documents and information provided to the MSRB shall be provided in
electronic format as prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB.
SECTION 5. Termination of Reporting Obligation. The Issuer’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance or payment in full of all of the
Notes.
SECTION 6. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate the sole remedy under this Disclosure Certificate shall be an action for specific performance of the Issuer’s obligations hereunder and not for money damages in any amount. Any failure by the Issuer to comply with any provision of this
Disclosure Certificate shall not constitute a default with respect to the Notes.
SECTION 7. Amendment. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate and any provision of this Disclosure Certificate may be waived if such amendment or waiver is permitted by the Rule, as evidenced by an opinion of counsel expert in federal securities law (which may also include bond counsel
to the Issuer) to the effect that such amendment or waiver would not cause this Disclosure
Certificate to violate the Rule.
[Remainder of page intentionally left blank; signature page follows.]
[Signature page to Significant Events Disclosure Certificate]
SECTION 8. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Owners of the Notes from time to time, and shall create no rights in any other person or
entity.
Date: February 28, 2025 TOWN OF LEXINGTON, MASSACHUSETTS
By:
Treasurer
Select Board
A-1
EXHIBIT A
Filing information relating to the Municipal Securities Rulemaking Board is as follows:
Municipal Securities Rulemaking Board
http://emma.msrb.org
143359975v.1
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update - 2025 ATM Warrant Article 8 - Appropriate Funding to Contstruct a Playground at
Fletcher Park (Citizen Petition) to be IP'd
PRESENTER:
Jayne Shapiro
ITEM
NUMBER:
1.4
SUMMARY:
Category: Decision-Making
Proponent will give a quick overview about the article they are going to indefinitely postpone at Annual Town
Meeting and what the plan is for bringing it to another town meeting.
SUGGESTED MOTION:
n/a
FOLLOW-UP:
n/a
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 7:20pm
ATTACHMENTS:
Description Type
Art 8 Fletcher playground motion (IP)Backup Material
Original Presentation Information - (Article to be IP'd)Backup Material
ARTICLE 8 APPROPRIATE FUNDING TO CONSTRUCT A PLAYGROUND IN FLETCHER
PARK (Citizen Petition)
MOTION: That this article be indefinitely postponed.
(01/28/2025)
Town of Lexington
Motion
2025 Annual Town Meeting
1
12/24/2024 Annual Town Meeting 2025 1
Fletcher Park
Playground
Lexington Town Meeting, March 2025
Citizen’s Petition in [Town Warrant]
[indefinitely postponed]
Citizen’s Petition (March 2025)
[Indefinitely Postponed]
To see if the Town will vote to appropriate a sum of money for the purpose of
constructing a new playground in Fletcher Park; or act in any other manner in relation
thereto. Fletcher Park is next to the Lexington Police Station, 1557 Massachusetts
Avenue. Fletcher Park is abutted by Massachusetts Avenue, Fletcher Avenue, Woburn
Street and the Massachusetts Commuter Bikeway.
DESCRIPTION: Structures should safe and suitable for children’s' use. Structures
should be available for children ages 2-5 and structures should be available for children
ages 5-12. This playground area could co-exist with other permitted uses of the park
(e.g. Farmers' Market) and would include seating for caregivers and parents.
12/24/2024 Annual Town Meeting 2025 2
Executive Summary
12/24/2024 Annual Town Meeting 2025 3
What ●To see if the Town will vote to appropriate a sum of money for the purpose of constructing
a new playground in Fletcher Park; or act in any other manner in relation thereto.
Why ●To provide a safe, ADA, playground option in Lexington Center that is accessible for
families who are in Lexington Center for shopping, meals, bike rides and/or tourism.
Where ●Fletcher Park. Situated in a highly visible and accessible location in Lexington center. Abuts
Mass Ave, Fletcher Ave, Woburn St and the Minuteman Commuter Bikeway.
Who ●Relevant Committees and Municipal Offices, interested citizens and neighbors.
Ask ●Appropriate sum of money to fund appropriate studies (ADA, environmental), design of
new playground, stakeholder communications, and construction.
412/24/2024 Annual Town Meeting 2025
Sources: [1] Fletcher Park management and maintenance: Melissa Battite; Dir. of Recreation and Community Programs; Street and Precinct Map PDF | Lexington, MA; photo of Fletcher Park:: Jane Shapiro 12/25/24
Owned by town of Lexington; under
management of the Town Manager’s
office and maintained by Public Works.
●Additional permitted uses: Farmer’s
Market in 2026, TBD others
●Nearby businesses: Dunkin’ Donuts,
Lexington Children's Center, Lexington
MA FCU
●Nearby Town offices: Lexington Police
Station, Cary Hall, Lexington Town
offices
Fletcher Park
Mass
A
v
e
Woburn St
Minu
t
e
m
a
n
C
o
m
m
u
t
e
r
B
i
k
e
w
a
y Fletcher AveWinthrop
Rd
[1]
December ‘24
Beneficiaries
5
Sources: Facilities • Lexington, MA • CivicEngage, Map & Playground placement: Recreation Facilities and ADA Compliance Study
5-12
5-12
2-5
5-12
5-12
5-12
Swing
set only
2-125-12
5-12
5-12
2-12
2-12
2-5
5-12
Children ages 2-12
●Residents behind Lex Ctr, and East & South
●Families visiting town center to shop and eat
●Minuteman bike path riders with kids in tow
●Lexington Center visitors with kids in tow
●Families visiting Farmer’s Market, etc.
Swing set only playground (2-12 swings)
Playgrounds with structures for 2-5 and 5-12
Playgrounds with structures for 5-12
Playgrounds with structures for 2-5 only
Playgrounds listed on Town of Lexington Recreation Pages
Fletcher Park: proposed location for new playground for 2-12
12/24/2024 Annual Town Meeting 2025
612/24/2024 Annual Town Meeting 2025
Other beneficiaries
Lexington Center businesses
●Vendors and performers at other Fletcher
Park permitted activities: e.g. Farmer’s
Market, BBQ, concerts.
Sources: Map:Street and Precinct Map PDF | Lexington, MA Approximate Playground Placement: Recreation Facilities and ADA Compliance Study
All Image Sources::Tour Lexington: Lexington Farmers' Market
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Presentation - 2025 ATM Warrant Article 27 - Allow 16 Year olds Voting Rights in Municipal
Elections (Citizen Petition)
PRESENTER:
Kunal Botla
ITEM
NUMBER:
I.5
SUMMARY:
Category: Decision-Making
Proponent will give a quick overview about the article they are bringing to Annual Town Meeting and answer
questions from the Board.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 7:25pm
ATTACHMENTS:
Description Type
Art 27 allow 16 yo to vote motion.Backup Material
Article 27 Presentation Presentation
ARTICLE 27 ALLOW 16 YEAR OLDS VOTING RIGHTS IN MUNICIPAL ELECTIONS
(Citizen Petition)
MOTION:
That the Select Board be authorized to petition the General Court of the Commonwealth of Massachusetts
to enact legislation in substantially the form below to grant the Town of Lexington the authority to endow
legal voting rights in municipal elections for Town of Lexington residents aged 16 and 17 years old, and
further that the Select Board be authorized to approve amendments to said act by the General Court before
its enactment that are within the scope of the general objectives of this motion.
“An Act granting the Town of Lexington the authority to endow legal voting rights in municipal
elections for Town of Lexington residents aged 16 and 17 years old.”
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the
authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 1 of Chapter 51 of the General Laws or any other
general or special law, rule, or regulation to the contrary, any individual aged16 or 17 years old residing in
the Town of Lexington, who is ineligible to vote under state law due to age, but who is otherwise eligible
to vote under state law, may upon application have their names entered on a list of voters established by
the office of the town clerk for the Town of Lexington. Such individuals on the list of voters may vote in
any election for local offices and local ballot questions in accordance with this Act. For the purposes of
this Act, "local voters" are anyone who is eligible to vote pursuant to this Act in a local election or upon a
local ballot question in the Town of Lexington.
SECTION 2. Said office of the town clerk shall establish a separate registration list for local voters who
shall fill out an alternative registration form. Upon turning eighteen, each local voter shall be taken off
said list and notified that he or she must register as a regular voter in accordance with state law,
regulations, and guidelines, in order to be eligible to vote. Said office shall create and print, at the Town of
Lexington's expense, the special registration form needed for the purpose of registering local voters.
SECTION 3. Said board is hereby authorized to promulgate regulations, guidelines and forms to
implement the purpose of this act.
SECTION 4. If a local ballot question appears on a state election ballot, the office of the Town Clerk shall
print a separate ballot for the local ballot question at the expense of the Town of Lexington.
SECTION 5. The Town of Lexington is hereby authorized to pass ordinances to
implement the purpose of this act subject to all the provisions of Chapter 215, Acts of 1929 and Chapter
753, Acts of 1968, as amended.
SECTION 6. Nothing in this act shall be construed to confer upon local voters the right to vote for any
state or federal office or any state or federal ballot questions.
(02/13/2025)
Town of Lexington
Motion
2025 Annual Town Meeting
1
Annual Town Meeting 2025 — Town of Lexington
Annual Town Meeting Article 27
Citizen’s Petition to Authorize Petition for Special Legislation for
Allow 16 Year Olds Voting Rights in Municipal Elections
Today
Young Lexingtonians (Ages 16 & 17):
•Have a stake in the Town’s affairs;
•Are not exempt from taxes funding the Town;
•Are the target of a large amount of the Town’s funding;
•However, don’t have a direct voice in the Town’s elections.
Town Elections:
•Have a low turnout, but significant local implication;
•Youth are more likely to continue voting in future elections.`
Annual Town Meeting 2025 — Article 27
2
Current Engagement
Young Lexingtonians have active, full involvement many committees. Including:
•Youth Engagement Award
•Transportation Advisory
•Bike Advisory
•Design Advisory
•School Building
•“SustainabLY”—a subcommittee of the Sustainable Lexington Committee
Additionally, a number of committees and boards have student liaisons or representatives because of
how important the youth voice is.
Annual Town Meeting 2025 — Article 27
3
Proposal
Lexington approve a petition for home rule legislation that grants the Town the
authority to allow 16 and 17 years old who would otherwise be qualified to vote,
the ability to vote in municipal elections.
Following action from Town Meeting, the State Legislature will go through its
process with Lexington and other towns/cities to consider legislation.
The State Legislature will hold hearings and consider details similar to how other
changes to voting measures are.
Annual Town Meeting 2025 — Article 27
4
Others Municipalities in Massachusetts
In the current session or approved petition
•City of Boston
•City of Cambridge
•City of Somerville
•Town of Southborough
•Town of Acton
•Town of Brookline
•Town of Amherst
•City of Northampton
•Town of Whately
•Town of Conway
•Town of Sunderland
Annual Town Meeting 2025 — Article 27
5
Benefits
Young Lexingtonians (Ages 16 & 17):
•Are introduced to voting through municipal elections;
•Are more likely to continue voting in future Town elections;
•Gain familiarity with their local government;
•Gain direct democratic representation in their Town government;
•Are more involved in the Town they are already beginning to involve
themselves with.
Annual Town Meeting 2025 — Article 27
6
Joining Our Surrounding Communities!
Town Meeting can vote for Lexington to join our surrounding
communities in starting the process of empowering the
actively involved youth of the Town with the ability to vote in
municipal elections and be truly represented by democracy.
Town Meeting’s action is only the beginning of a process
that will join state-wide conversation about municipal voting.
Annual Town Meeting 2025 — Article 27
7
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Presentation - 2025 ATM Warrant Article 25 - Amendment to Town Meeting Management
Provisions in Town Bylaws (Citizen Petition)
PRESENTER:
Bridger McGaw and Tanya Gisolfi-
McCready
ITEM
NUMBER:
I.6
SUMMARY:
Category: Decision-Making
Proponent will give a quick overview about the article they are bringing to Annual Town Meeting and answer
questions from the Board.
SUGGESTED MOTION:
n/a
FOLLOW-UP:
n/a
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 7:40pm
ATTACHMENTS:
Description Type
Presentation Article 25 Presentation
2/21/2025 Annual Town Meeting 2025 1
Article 25: Amendment to Town
Meeting Management Provisions
in Town Bylaws (Citizen Petition)
TMMA Executive Committee Review
The Town Meeting Member Association Executive Committee
appointed a working group to review the current Bylaws. The
group, along with the Town Moderator, reviewed these key
issues:
•Start times for Town Meetings
•Guidelines for reconsideration, new information requirement
•Amendment procedures
•"Moving the Question" protocols
•Transition from Roberts Rules of Order to Town Meeting Time
(Massachusetts Moderators Association)
2/21/2025 Annual Town Meeting 2025 2
The Working Group Recommends Three Bylaw
Changes
Changes recommend to two Sections of the Bylaws:
Ch 118 Article III “Transaction of Municipal Business”
Ch 118 Article III §118-15A & 118-15B and
Ch 118 Article III §118-19: “Further Rules of Procedure”
2/21/2025 Annual Town Meeting 2025 3
Language Change To Reflect Current Practice
Proposed Changes to Section 118-15A
§118-15 A: Previous Question
2/21/2025 Annual Town Meeting 2025 4
•Change Section A (Current):“The previous question shall be put in the form:
"Shall the question on the amendment now be put?" for an amendment or,
alternatively, "Shall the main question now be put?" for a main motion and all
debate shall be suspended until the previous question is decided.
•To Section A (Replacement):with “The previous question shall be put in the
form, ‘I move the previous question.’ This form can be used for main motions
and amendments and all debate shall be suspended until the previous
question is decided.”
Ending Debating 2/3 Vote
Proposed Changes to Section 118-15B
§118-15 B: Previous Question
2/21/2025 Annual Town Meeting 2025 5
•Change Section B (Current):“The adoption of the previous question shall put
an end to all debate on the motion under consideration except as provided in
§118-13(I)of this article.”
•To Section B (Amend):“The adoption of the previous question shall require a
2/3 vote to pass and put an end to all debate on the motion under consideration
except as provided in §118-13(I)of this article.
Procedural Reference to Reflect Current Practice
•Section 118-19: Further Rules of Procedure
2/21/2025 Annual Town Meeting 2025 6
•Current Reference:The procedure and conduct of the business meetings of
the Town not herein provided for shall be governed by "Roberts' Rules of
Parliamentary Practice" so far as they are applicable and are not inconsistent
with the bylaws of the Town.
•Update Reference To:The procedure and conduct of the business meetings of
the Town not herein provided for shall be governed by latest edition of “Town
Meeting Time” adopted by the Massachusetts Moderators Association so far as
they are applicable and are not inconsistent with the bylaws of the Town.
Copies of Town Meeting Time are available at Cary Library
THANK YOU!
2/21/2025 Annual Town Meeting 2025 7
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
I.7
SUMMARY:
Category: Informing
The Board may take up discussion on the 2025 Annual Town Meeting Articles and/or Select Board article
positions.
Town Website - Annual Town Meeting 2025.
https://lexingtonma.gov/2266/2025-Annual-Town-Meeting
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 8:00pm
ATTACHMENTS:
Description Type
Select Board Working Document - Positions 2025 ATM Backup Material
Select Board Positions
Working Document
#Article Name
PLACEHOLDER
FOR AN UPDATE
AT SELECT
BOARD MTG
SELECT
BOARD
PRSNTR
Proposed
CNSNT
(PC)
Possible
IP (?)DL JP JH MS
1 Notice of Election
2 Election of Deputy Moderator and Reports of Town Boards, Officers and Committees
3 Appointments To Cary Lecture Series.Y Y Y Y
4 Appropriate FY2026 Operating Budget DL Y Y Y Y
5 Appropriate FY2026 Enterprise Funds Budgets TBD Y Y Y Y
6 Amend Fy2025 Operating, Enterprise And CPA Budgets MS Y Y Y Y
7 Sustainable Projects JP
8 Appropriate Funding To Construct a Playground In Fletcher Park (Citizen Petition)2/24/2025
9 Establish and Continue Departmental Revolving Funds JH
Appropriate The FY2026 Community Preservation Committee Operating Budget And CPA Projects
a. Cotton Farm/Community Center Connector – $300,000
b. Simond’s Brook Conservation Area Trail Design & Engineering – $75,000
c. Document Conservation – $21,000
d. Hancock-Clarke House Roof Replacement – $57,800
e. Affordable Housing Trust Funding– $3,000,000
f. LexHAB Affordable Housing Support, Restoration, Preservation, and Decarbonization – $494,140
g. Park and Playground Improvements – Center Playground – $1,490,000
h. Park Improvements – Athletic Fields - Harrington – $3,197,904*
i. Lincoln Park Field Improvements #3 – $1,950,000*
j. Administrative Budget – $150,000
11 Appropriate For Recreation Capital Projects JH
12 Appropriate For Municipal Capital Projects And Equipment
a) Transportation Mitigation
b) Fire Pumper Truck
c) Equipment Replacement
YMS
Financial Articles
10 1/27/2025 W Y Y
As of 2/14/2025 Select Board Meeting
Select Board Positions
Working Document
#Article Name
PLACEHOLDER
FOR AN UPDATE
AT SELECT
BOARD MTG
SELECT
BOARD
PRSNTR
Proposed
CNSNT
(PC)
Possible
IP (?)DL JP JH MS
d) Sidewalk Improvements
e) Hydrant Replacement
f) Street Improvements
g) Stormwater Management Program
h) New Sidewalk Installations - Study and Design
i) Intersection Improvements - Adams St. at East St. & Hancock St.
j) DPW Building Improvements
k) Lincoln Park Parking Lot - Design
l) Municipal Technology Improvement Program
m) Network Redundancy & Improvement Plan
13 Appropriate For Water System Improvements.
14 Appropriate For Wastewater System Improvements
15 Appropriate For School Capital Projects And Equipment
Appropriate For Public Facilities Capital Projects
a) Public Facilities Bid Documents
b) Public Facilities Interior Finishes
c) School Paving and Sidewalks
d) Municipal Building Envelopes and Associated Systems
e) Central Administration Building Demolition
f) Estabrook Elementary School Nurse Bathroom Renovation
17 Appropriate To Post Employment Insurance Liability Fund JP
18 Rescind Prior Borrowing Authorizations
19 Establish, Amend, Dissolve And Appropriate To And From Specified Stabilization Funds TBD
20 Appropriate For Prior Years’ Unpaid Bills
21 Appropriate For Authorized Capital Improvements.
General Articles
JP16
12 (cont.)
JP
As of 2/14/2025 Select Board Meeting
Select Board Positions
Working Document
#Article Name
PLACEHOLDER
FOR AN UPDATE
AT SELECT
BOARD MTG
SELECT
BOARD
PRSNTR
Proposed
CNSNT
(PC)
Possible
IP (?)DL JP JH MS
22 Select Board To Accept Easements Y Y Y Y
23 Dispose Of 116 Vine Street 3/10/2025 MS W Y Y Y
24 Authorize The Town Of Lexington To Prohibit Or Restrict The Application Of Second Generation
Anticoagulant Rodenticides (Citizen Petition)2/3/2025 JH Y Y Y Y
25 Amendment To Town Meeting Management Provisions In Town Bylaws (Citizen Petition)DL
26 Local Voting Rights For Lawful Permanent Residents (Citizen Petition) 2/14/2025 JH W Y Y Y
27 Allow 16 Year Olds Voting Rights In Municipal Elections (Citizen Petition)2/24/2025 DL
28 Accurate Reporting On The Negative Aspects Of Lithium-Ion Batteries (Citizen Petition)1/27/2025 MS Y Y W W
29 Amend Zoning Bylaw - Bicycle Parking 3/10/2025 MS
30 Amend Zoning Bylaw - Inclusionary Housing For Special Residential Developments 3/10/2025 JH
31 Amend Zoning Bylaw - National Flood Insurance (NFI) District 3/10/2025 DL
32 Amend Zoning Bylaw And Map - Technical Corrections 3/10/2025 TBD
33 Amend Zoning Bylaw - Accessory Uses 3/10/2025 JP
34 Amend Section 7.5 Of The Zoning Bylaw To Reduce Multi-Family Dwelling Unit Capacity (Citizen
Petition)
Zoning Articles
As of 2/14/2025 Select Board Meeting
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Hearing for Liquor License Compliance Check Violation - Second Violation Ixtapa
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
I.8
SUMMARY:
Category: Hearing
On Tuesday, December 17, 2024 Alcohol Compliance Checks were conducted by the Lexington Police
Department on establishments in Lexington that sell or serve alcoholic beverages. During this compliance
check an incident of serving alcohol to under age person occurred at Ixtapa Restaurant. The Officers
indicated that there would be a follow up from the Select Board to the incident. This is the 2nd offense for
Ixtapa Restaurant within 3 years. The previous violation occurred on August 14, 2024.
Sale or service of alcohol to under age persons is a violation of Massachusetts General Laws and the
Lexington Alcohol Licensing Board. The Lexington Select Board and Police Department share with business
owners/manager and members of the Lexington community, the common goal of consistent responsible sales
of alcohol.
In accordance with the Select Board Alcoholic Beverages Enforcement Regulation, the following courses of
action are taken upon violations occurring within 3 years: 1st offense – written warning placed in the licensing
file and required training for personnel; 2nd offense – hearing before the Select Board to determine a course of
action.
Jose Brambila, Ixtapa Restaurant Owner and Manager on Record on the Liquor License, was informed that
for Ixtapa's 2nd offense he must attend this hearing before the Select Board. He was instructed to provide to
the Select Board Office, prior to the meeting, copies of the Alcohol Training certificates showing that all wait
staff and managers have been trained in alcohol awareness.
The Board will hear from the restaurant owner and then make a determination of the course of action to be
taken for this second violation.
SUGGESTED MOTION:
Suggested Motion:
to suspend the restaurant liquor license of Ixtapa Restaurant for a period of 3 days with 2 days put in abeyance
unless there is another violation within one year, then number of days suspension will then be doubled. Further
that the 1-day liquor suspension will be served on the same day of the week as the violation occurred
(Tuesday).
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 8:05pm
ATTACHMENTS:
Description Type
2nd Offense Letter to Ixtapa Backup Material
Police Incident Report details of Ixtapa 1st Violation and 2nd Violation
events Backup Material
Selelct Board Alcohol Enforcement Regulations Backup Material
1
Kim Katzenback
From:Kim Katzenback
Sent:Thursday, February 6, 2025 1:00 PM
To:'jbramb2@comcast.net'
Cc:Samantha Lino
Subject:Attendance at 2/24/2025 Select Board Hearing required in response to Ixtapa's 2nd
Offense during liquor license compliance checks.
Importance:High
Jose,
On Tuesday, December 17, 2024 Alcohol Compliance Checks were conducted on establishments in Lexington that sell or
serve alcoholic beverages. Officers advised you of the incident that occurred at Ixtapa Restaurant and indicated that there
would be a follow up from the Select Board to the incident. This is the 2nd offense for Ixtapa Restaurant within 3 years.
Sale or service of alcohol to under age persons is a violation of Massachusetts General Laws and the Lexington Alcohol
Licensing Board. The Lexington Select Board and Police Department share with you, as business owners/manager and
members of the Lexington community, the common goal of consistent responsible sales of alcohol. The following course
of action will be taken upon violations occurring within 3 years: 1st offense – written warning placed in the licensing file
and required training for personnel; 2nd offense – hearing before the Select Board to determine any action, including
suspension and revocation of license. Extenuating circumstances may necessitate more serious consequences on any
violations.
For your 2nd offense you must attend a hearing before the Select Board that has been scheduled for Monday,
February 24, 2025 at their 6:30pm meeting. Please provide the Select Board Office, prior to the meeting, a copy of the
certificate(s) showing that all wait staff and managers have been trained in alcohol awareness. Please contact the Select
Board Office at 781-698-4581 if you have any questions regarding this hearing or the information to be provided.
Kindly reply to this email to confirm you attendance to this hearing.
Regards,
Kim
Kim Katzenback
Office Manager/Executive Clerk
Select Board
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781-698-4581
SelectBoard@lexingtonma.gov
Kkatzenback@lexingtonma.gov
Please note – Town Office Building, 1625 Massachusetts Ave, Hours of Operation are: Mon, Wed, Thurs 8:30am - 4:30pm; Tues
8:30am – 7:00 pm and Fri 8:30 am – 1:00 pm.
Details from Police Compliance Check Incident Reports
Ixtapa 1st Violation and 2nd Violation events
1st Violation - August 14, 2024
Details from Lexington Police Incident report (names were removed for privacy)
At approximately 5:40 pm, on Wednesday, August 14, 2024 “assigned youth volunteer” entered Ixtapa Cantina
restaurant located at 177 Massachusetts Avenue Lexington, MA 02420. Upon entering the establishment,
“youth volunteer” was seated. His server, approached the table and asked if he would like anything to drink. At
this time “youth volunteer” ordered a Budlight. (the) “Server” took the order without asking for identification
from “youth volunteer”. Upon returning to the table with the drink, “Server” placed the Budlight on the table.
Detective Hankins was then notified by “youth volunteer” that he had been served alcohol. Detective Sullivan
and Detective Hankins entered the establishment and located “youth volunteer” who was able to confirm which
server had served him. Detective Hankins advised “youth volunteer” to exit the establishment and wait for us
outside. After identifying themselves, (Detective Hankins and Detective Sullivan) to “Server”, they explained the
compliance program and advised her that an underage youth had been served alcohol without being properly
identified as meeting the legal age requirement of 21 years of age. “Server” was apologetic. Detective Hankins
asked “Server” if there was a manager on duty whom we could speak with. She then spoke to Jose Brambila
where she explained the compliance checks and advised that one of his servers had just served an underage
individual without asking for their identification. Prior to leaving, the Detectives explained to Brambila that they
would be completing a report in regards to the incident, which would be forwarded to the Select Board.
2nd Violation – December 17, 2024
Details from Lexington Police Incident report (names were removed for privacy)
At approximately 3:38 pm, on Tuesday, December 17, 2024 “youth volunteer” entered Ixtapa Cantina located
at 177 Massachusetts Avenue in Lexington, MA 02420. Upon entering the establishment, “youth volunteer”
was seated. His server approached the table and asked if he would like anything to drink. At this point, “youth
volunteer” ordered a Corona. (the) “Server” took the order without asking for an identification from “youth
volunteer”. Upon returning to the table with the drink, “Server” placed the Corona on the table.
Detective Hankins was notified by “youth volunteer” that he was served alcohol. Detective Hankins then entered
the establishment and located “youth volunteer” who was able to confirm which server had served him.
Detective Hankins advised “youth volunteer” to leave the establishment and wait outside. Detective Hankins
identified herself and explained the compliance program and advised “Server” that an underage youth had been
served alcohol without being properly identified as meeting the legal age requirement of 21 years of age.
Detective Hankins asked if there was a manager on duty who she could speak with. She then spoke with Jose
Brambila where she explained the compliance checks and advised him that one of his servers had just served an
underage individual without asking for their identification. Prior to leaving, Detective Hankins explained to
Brambila that we would be completing a report in regards to this incident, which would be forwarded to the
Select Board.
BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES – ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010 Norman P. Cohen
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive, but for education and to
ensure these regulations are consistently followed and applied. It is in the community’s
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons, use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checks take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be taken upon violations occurring within
3 years: 1st offense – written warning placed in the licensing file and required
training for personnel involved; 2nd offense – hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee’s file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROUND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to all licensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Proclamation: Lexington Historical Society
PRESENTER:
Doug Lucente, Chair
ITEM
NUMBER:
I.9
SUMMARY:
Category: Decision-Making
A request was received from the Historical Society seeking approval of a proclamation recognizing the
Lexington Historical Society for its role in supporting the observance of the 250th anniversary of the Battle of
Lexington. The proclamation acknowledges the Society’s efforts in organizing community events, exhibitions,
and the opening of the renovated Depot museum, which will contribute to the Town’s Semiquincentennial
celebrations.
The Select Board is being asked to review and consider approving this proclamation.
SUGGESTED MOTION:
Move to approve and sign the proclamation recognizing the Lexington Historical Society's trained members as
ambassadors to the Town’s commemoration of the 250th anniversary of the Battle of Lexington.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 8:20pm
ATTACHMENTS:
Description Type
2025 Historical Society Ambassadors Proclamation Backup Material
Town of Lexington, Massachusetts
SELECT BOARD OFFICE
Proclamation
WHEREAS, the observance of the 250th anniversary of the April 19, 1775 Battle of Lexington will bring the approbation and
attention of the nation and the world to the Town throughout April 2025 and beyond; and
WHEREAS, the Town and its people are exerting their full energy in the cause of commemorating and celebrating this
momentous milestone; and
WHEREAS, Lexington Historical Society has a longstanding and well-earned reputation as the premier interpreter and
celebrant of all aspects of the Town's past, with a particular focus on the events of April 19, 1775; and
WHEREAS, Lexington Historical Society has observed and will to continue to observe the profound importance of the
moment for Lexington by preparing and presenting a broad and deep variety of exhibitions, re-enactments,
dramatic performances, lectures and panel discussions, and community celebrations; and
WHEREAS, these programs and activities are making and will continue to make a crucial difference in the richness and
quality of the Town's response to the nation's need for a compelling examination and commemoration of the
Battle of Lexington and the events adjacent to it;
WHEREAS, in pursuit of the fullest possible exposition and appreciation of this extraordinary moment, Lexington Historical
Society is presenting the preponderance of events and interpretations residents and visitors will experience in
conjunction with the Semiquincentennial here; and
WHEREAS, Lexington Historical Society is readying the Town's first museum of local history at the Lexington Depot, as a
focal point for display of the Society's vast collection of artifacts, and as a pivotal facet of the campaign to
revitalize the Town's Center business district and principal civic space; and
WHEREAS, the opening of the transformed Depot museum is planned specifically to augment the Town's sense of pride in its
past and excitement for its future as we welcome the world to herald our singular role in America's founding;
and
NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby recognize
Lexington Historical Society Trained Members as
Ambassadors of the Battle of Lexington Semiquincentennial
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 24th
of February, 2025.
DOUGLAS M. LUCENTE, CHAIR JOSEPH N. PATO
SUZANNE E. BARRY JILL I. HAI
MARK D. SANDEEN
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and Positions
PRESENTER:
Board Discussion
ITEM
NUMBER:
I.10
SUMMARY:
Category: Informing
The Board may take up discussion on the Special Town Meeting 2025-1 Articles and/or Select Board article
positions.
Town Website - Annual Special Town Meeting 2025.
https://lexingtonma.gov/2265/2025-1-Special-Town-Meeting
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
2/24/2025 8:25pm