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HomeMy WebLinkAbout2025-04-28 SB Packet - ReleasedSELECT BOARD MEETING Monday, April 28, 2025 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA EXECUTIVE SESSION 1.Exemption 3: Collective Bargaining - To discuss strategy with respect to collective bargaining (LMEA, LMMA, Fire, Crossing Guard, Police Superior) 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: 2025 Limousine License Renewals Boyadjian Limousine Service: 447 Lowell Street - 2 vehicles D&O Limo: 3402 Main Campus Drive - 1 vehicle 2.Approve: New Limousine License Application Backbay Sedan Services: 37 Woburn Street - 1 vehicle 3.Approve: One-Day Liquor License - Tapped Beer Trucks, 60 Westview Street Corporate events for employees at Crosby Property Offices at 60 Westview Street on the following dates: Thursday, May 8, 2025 Thursday, July 24, 2025 Thursday, September 4, 2025 4.Approve: One-Day Liquor License - Craft Food Halls - 0 Depot Square Discovery Day Beer Garden - Saturday, May 24, 2025 5.Approve: One-Day Liquor Licenses - Monroe Center for the Arts - 1403 Massachusetts Ave Seasonal Suites, Tap and Jazz - Wednesday, May 7, 2025 Creative Connections, Social Event - Friday, May 9, 2025 6.Approve: Entertainment License - Cystic Fibrosis Foundation 28th Annual Cystic Fibrosis Cycle for Life: Revolution Hall - Saturday, October 4, 2025 7.Approve: Entertainment License - Bhakti Center Festival of Colors - Saturday, June 14, 2025 at Hastings Park 8.Accept: Select Board Committee Resignation Transportation Advisory Committee - Daniel Asta 9.Approve and Sign: Proclamation Park and Recreation Month - July 10.Approve: Select Board Minutes March 10, 2025 Select Board March 17, 2025 Select Board March 24, 2025 Select Board March 26, 2025 Select Board April 2, 2025 Select Board April 7, 2025 Select Board 11.Approve: Request for Water and Sewer Deferral 12.Approve: Select Board Appointment of Town Counsel Anderson & Kreiger LLP 13.Approve: Select Board Committee Reappointment Affordable Housing Trust: Tiffany Payne, Linda P rosnitz, and William M. Erickson ITEMS FOR INDIVIDUAL CONSIDERATION 1.Hearing: Liquor License Amendment Application - Akame Nigeri and Sake Change of Officers and Ownership Interest 7:05pm 2.Review and Approve: Updated Liquor License Transfer Application - Neillio's Wine and Spirits 55 Bedford Street 7:15pm 3.Discussion: Letter of Support for the Municipal Empowerment Act 7:25pm 4.Discussion: Worthen Road School Safety Zone - This Item will be rescheduled to a future agenda 5.Approve: Level 3 Electric Vehicle Charging Rates for NStar Lot 7:40pm ADJOURN 1.Anticipated Adjournment 7:45pm 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, May 5, 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: Exemption 3: Collective Bargaining - To discuss strategy with respect to collective bargaining (LMEA, LMMA, Fire, Crossing Guard, Police Superior) PRESENTER: Board Discussion ITEM NUMBER: E.1 SUMMARY: SUGGESTED MOTION: Category: Discussion Move that the Select Board go into Executive Session under Exemption 3 to To discuss strategy with respect to collective bargaining for the Lexington Municipal Employees Association, Lexington Municipal Management Association, Fire Department, Crossing Guard and the Police Superior Unions, and to reconvene in Open Session. Further, as Chair, I declare that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: ITEM NUMBER: LR.1 SUMMARY: Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment on any additional points or concerns. SUGGESTED MOTION: FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 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: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: 2025 Limousine License Renewals PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.1 SUMMARY: Category: Decision-Making The Select Board is being asked to approve the 2025 Annual Limousine License renewals. The Select Board Office is in receipt of all required documentation, favorable inspection reports from the Lexington Police Department and departmental reviews with sign-offs for the renewals of the following businesses holding a Limousine License: LIMOUSINE Boyadjian Limousine Service - 447 Lowell Street (2 vehicles) D&O Limo LLC d/b/a D&O Limo - 3402 Main Campus Drive (1 vehicle) SUGGESTED MOTION: To approve the 2025 Annual Limousine License renewals for the following businesses: LIMOUSINE Boyadjian Limousine Service - 447 Lowell Street (2 vehicles) D&O Limo LLC d/b/a D&O Limo - 3402 Main Campus Drive (1 vehicle) Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: New Limousine License Application PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.2 SUMMARY: Category: Decision-Making Fusco Enterprises, LLC, doing business as Backbay Sedan Services, has requested approval of a new Limousine License for one vehicle. The applicant, Peter Fusco, has submitted all required paperwork. The license covers a 2018 Chevrolet Suburban, garaged at 37 Woburn Street, and operating within the Metrowest area. All relevant department reviews have been completed and there are no objections. SUGGESTED MOTION: To approve the application and issue one (1) Limousine License to Backbay Sedan Services, operated by Fusco Enterprises, LLC. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Backbay Sedan Services - Limo Application Backup Material Town of Lexington, MA SBLM-25-1 Limousine License Status: Active Submitted On: 3/10/2025 Primary Location 37 WOBURN ST Lexington, MA 02420 Owner FUSCO PETER M & FUSCO ARGELIA I 37 WOBURN ST LEXINGTON, MA 02420 Applicant peter Fusco 617- backbaysedan@rcn.com 37 woburn street lexington, MA 02420 License Info SBLM-25-1 https://lexingtonma.workflow.opengov.com/#/explore/records/102334/details 1/4 Corporate Name* Fusco Enterprises, LLC Are you operating under a D/B/A?* Yes D/B/A* Backbay Sedan Services Is the owner different than the applicant?* No On-Site Manager Name* Peter Fusco On-Site Manager Primary Email* backbaysedan@rcn.com On-Site Manager Primary Phone Number* 617- Number of Vehicles* 1 Routes* Metrowest Information on Each Vehicle If you have more than one vehicle, click "Add New" to enter the information for each vehicle. Make* Chevrolet Model* Suburban 4/15/25, 2:16 PM SBLM-25-1 https://lexingtonma.workflow.opengov.com/#/explore/records/102334/details 2/4 Year* 2018 Livery License Plate Number* LVA5333 Vehicle Identification Number* I Where Vehicle Garaged* 37 Woburn Street Authorized Signature Applicant's Signature* Peter Fusco Mar 10, 2025 Workers Compensation Affidavit Business/Organization Name* Backbay Sedan Address* 37 Woburn Street City* Lexington State* MA Zip Code* 02421 Telephone* 617 Business Type* Other Explain Other Business Type* Limo SBLM-25-1 https://lexingtonma.workflow.opengov.com/#/explore/records/102334/details 3/4 Are you an employer? Select the appropriate option* I am a sole proprietor or partnership and have no employees working for me in any capacity. (No Workers Compensation Insurance required) Failure to secure coverage as required under MGL c. 152 25A is a criminal violation punishable by a fine up to $1,500 and/or one year imprisionment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided is true and correct.* Peter Fusco Mar 10, 2025 SBLM-25-1 https://lexingtonma.workflow.opengov.com/#/explore/records/102334/details 4/4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: One-Day Liquor License - Tapped Beer Trucks, 60 Westview Street PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.3 SUMMARY: Category: Decision-Making Tapped Beer Trucks has submitted a request for three One-Day Liquor Licenses to serve beer and wine at a series of corporate events for employees of the Crosby Property offices, to be held at 60 Westview Street. The events will take place on the following dates: May 8, 2025 from 3:00pm - 5:00pm July 24, 2025 from 3:00pm - 5:00pm September 4, 2025 from 3:00pm - 5:00pm The request has been reviewed by the Department of Public Works, Police Department and Fire Department with no concerns. SUGGESTED MOTION: To approve three One-Day Liquor Licenses for Tapped Beer Trucks to serve beer and wine at 60 Westview Street on May 8, July 24, and September 4, 2025, from 3:00pm to 5:00pm, in accordance with all applicable laws and regulations. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: One-Day Liquor License - Craft Food Halls - 0 Depot Square PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.4 SUMMARY: Category: Decision-Making Craft Food Halls - Revolution Hall is requesting a One-Day Liquor License to serve beer and wine at Emery Park during Discovery Day on Saturday, May 24, 2025, from 10:00am to 3:00pm. The license would support a designated beer garden as part of the public event. The request has been reviewed by the Department of Public Works, Police Department, and Fire Department with no concerns. SUGGESTED MOTION: To approve a One-Day Liquor License for Craft Food Halls – Revolution Hall to serve beer and wine at Emery Park, 0 Depot Square, on May 24, 2025, from 10:00am to 3:00pm, in accordance with all applicable laws and regulations. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Beer Garden Map Backup Material AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: One-Day Liquor Licenses - Monroe Center for the Arts - 1403 Massachusetts Ave PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.5 SUMMARY: Category: Decision-Making The Munroe Center for the Arts is requesting two One-Day Liquor Licenses to serve beer and wine at 1403 Massachusetts Avenue for the following events: Seasonal Suites, Tap and Jazz – Wednesday, May 7, 2025 Creative Connections, Social Event – Friday, May 9, 2025 The request has been reviewed by the Department of Public Works, Police Department and Fire Department with no concerns. SUGGESTED MOTION: To approve two One-Day Liquor Licenses for the Munroe Center for the Arts to serve beer and wine at 1403 Massachusetts Avenue for the Seasonal Suites, Tap and Jazz Event on May 7, 2025, and for the Creative Connections, Social Event on May 9, 2025. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Monroe Center Event Map Backup Material GROUND FLOORMIDDLE FLOORTOP FLOORMUNROE CENTER for the ARTS 1403 Massachusetts Avenue 781.862.6040 214 213211 212210 222 223 206 202204 200 201 203 216 301 303 304 300 310 312 316 318 320 322 324325 124 123 120 121 122 118114 104 103101 100 224 313 215 111 MCA OFFICE3173rd FlOOR 2nd FlOOR 1st FlOOR Maintenance Boiler Room MASS. AVE. Seasonal Suites Gallery Reception AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Entertainment License - Cystic Fibrosis Foundation PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.6 SUMMARY: Category: Decision-making The Cystic Fibrosis Foundation is requesting an Entertainment License in connection with the 28th Annual MA CF Cycle for Life, a fundraising cycling event scheduled for Saturday, October 4, 2025, from 7:00 AM to 3:00 PM. The event will take place at Revolution Hall, 3 Maguire Road. The license would allow for music with a disc jockey during the event. The applicant has designated Theresa Waite as the on-site manager. SUGGESTED MOTION: Move to approve an Entertainment License for the Cystic Fibrosis Foundation for the 28th Annual Cystic Fibrosis Cycle for Life, to allow for a disc jockey at Revolution Hall, 3 Maguire Road, on October 4, 2025, from 7:00 AM to 3:00 PM, contingent upon compliance with all Town regulations. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Cycle for Life Event Layout Cover Memo CRAFT FOOD HALLS - REVOLUTION HALL SHUFFLE BOARDPINGPONGBAR KITCHENDJ Registration StartTeam Tents MA Cycle for Life Outdoor Layout AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Entertainment License - Bhakti Center PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.7 SUMMARY: Category: Decision-Making The Bhakti Center is requesting an Entertainment License for the Festival of Colors, scheduled for Saturday, June 14, 2025, from 1:00 PM to 5:00 PM at Hastings Park. Entertainment for the event will include live performances and recorded music. The on-site manager for the event will be Raj Heda. The applicant has already obtained a Special Event Permit from the Town Manager’s Office, and the event has been reviewed by all relevant Town departments. No concerns or objections were raised. SUGGESTED MOTION: To approve an Entertainment License for the Bhakti Center to host the Festival of Colors on Saturday, June 14, 2025, from 1:00 PM to 5:00 PM, with live performances and recorded music at Hastings Park. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Festival of Colors Site Plan Backup Material Fesfival of Colors Site Plan • Locafion of the event on the property – Hasfings Park, Massachusefts, Lexington, MA 02421 • Features and Aftracfions – 15-16 Dance performances from different cultures • Parficipafion Circulafion – Lexington • Proposed parking including overflow – Close by streets • Proposed road closures - No • Locafion of trash receptacles and/or dumpsters – A few places on the ground • Accessible routes for disabled – At the entrance • Locafion, size and number of any tents, trailers, or temporary structures – 4 tents at the entrance • Locafion, size and descripfion of any signage or banners – 8X10 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: Transportation Advisory Committee The Select Board is being asked to accept the resignation of Daniel Asta from the Transportation Advisory Committee effective immediately. SUGGESTED MOTION: To accept the resignation of Daniel Asta from the Transportation Advisory Committee effective immediately. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign: Proclamation PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.9 SUMMARY: Category: Decision-Making The Recreation Committee is requesting that the Select Board approve and sign a proclamation recognizing the month of July as Park and Recreation Month in the Town of Lexington. This is the third annual request for this proclamation. SUGGESTED MOTION: To approve and sign a proclamation recognizing the month of July as Park and Recreation Month. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type 04282025 Park and Recreation Month Proclamation Backup Material Town of Lexington, Massachusetts SELECT BOARD OFFICE Proclamation Whereas: parks and recreation is an integral part of communities throughout this country, including the Town of Lexington, Massachusetts; and Whereas: parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and Whereas: parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pool and many other activities designed to promote active lifestyle; and Whereas: parks and recreation is a leading provider of healthy meals, nutrition services and education; and Whereas: parks and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and Whereas: parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and Whereas: parks and recreation is fundamental to the environmental well-being of our community; and Whereas: parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and Whereas: our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and Whereas: the U.S. House of Representatives has designated July as Park and Recreation Month; and Whereas: the Town of Lexington, Massachusetts recognized the benefits derived from parks and recreation resources. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby proclaim the month of July as Park and Recreation Month in the Town of Lexington, Massachusetts. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 28th of April, 2025. DOUGLAS M. LUCENTE, CHAIR JILL I. HAI JOSEPH N. PATO MARK D. SANDEEN VINEETA A. KUMAR AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Select Board Minutes PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.10 SUMMARY: Category: Decision Making The Select Board is being asked to approve the following set of minutes: March 10, 2025 Select Board March 17, 2025 Select Board March 24, 2025 Select Board March 26, 2025 Select Board April 2, 2025 Select Board April 7, 2025 Select Board SUGGESTED MOTION: To approve and release the following minutes: March 10, 2025 Select Board March 17, 2025 Select Board March 24, 2025 Select Board March 26, 2025 Select Board April 2, 2025 Select Board April 7, 2025 Select Board Move to approve the consent agenda FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type DRAFT 03102025 Select Board Minutes Backup Material DRAFT 03172025 Select Board Minutes Backup Material DRAFT 03242025 Select Board Minutes Backup Material DRAFT 03262025 Select Board Minutes Backup Material DRAFT 04022025 Select Board Minutes Backup Material DRAFT 04072025 Select Board Minutes Backup Material SELECT BOARD MEETING Monday, March 10, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, March 10, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Kumar, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Lucente welcomed Vineeta Kumar to the Select Board. He noted that the deadline for the gas leaf blower ban is coming up for landscapers to comply with this week. Some have asked about a waiver from this requirement and there has been discussion regarding Staff about this process. Mr. Pato stated that the MSBA has formally accepted Lexington into the next phase of their process, the schematic design phase, for replacing the existing school and completing a renovation and addition to the existing field house. The Town will now be proceeding to a full schematic design and a budget allocation by the MSBA later this summer. Ms. Hai noted that the Town has heard from its sister city delegation in Antony, France. There will be 30 people joining the Town from Antony for the 250th Celebration. Anyone interested in the hospitality, transportation, etc., for these visitors can contact the Town. Ms. Kumar thanked everyone for their warm welcome to the Board. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that there was a Women Leading Government event held in Wrentham last week, with more than 200 people in attendance. He noted that Ms. Axtell co-chairs the committee through the MMA and congratulated her for her role in the event. CONSENT AGENDA 1. Approve: Battle Green Use Request - Lexington Semiquincentennial Commission - Filming of CBS Segment Thursday, March 13, 2025, from 3:00 - 8:00pm To approve the request from the Lexington Semiquincentennial Commission (Lex250) to use the Battle Green on Thursday, March 13, 2025, from 3:00pm to 8:00pm for the purpose of filming a segment for CBS Sunday Morning on the 250th Anniversary of the Battle of Lexington, as outlined in their permit request. 2. Amend: Battle Green Use Request - William Diamond Junior Fife and Drum Corps - Lexington Muster Parade Amend Lexington Muster Parade Battle Green Request - Saturday, May 3, 2025 To amend the William Diamond Junior Fife and Drum Corps Battle Green Permit to include the Lexington Minute Men’s volley at the start of the Lexington Muster Parade on May 3, 2025, in accordance with historical tradition and safety protocols. 3. Approve: Parade and Massachusetts Avenue Road Closure Request – Lexington Little League Annual Little League Parade - Saturday, May 3, 2025 To approve the Lexington Little League request for the Annual Little League Parade and the road closures request for Massachusetts Avenue from Muzzey Field to Muzzey Street and then Muzzey Street to Lexington High School be closed to all but resident emergency traffic from 8:30am on Saturday, May 3, 2025 to no later than 11:00am for the Annual Little League Parade as outlined in their letter dated February 6, 2025, subject to working out the details with Town Departments. DOCUMENTS: LLL Parade Request 2025_Redacted VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Vote on Means of Publication Mr. Lucente explained that, with the passage of House Bill 4560 (Print-Free Digital Legal Notices in Lexington) in January 2025, Staff began reviewing various new options available the Town as a result of the law and is looking for the Board as to vote on proposed recommendations for implementation. Jonas Miller, Director of Communications, explained that the proposal is to utilize the existing method of posting, such that a board/committee/entity provides the Town Clerk's Office with a public hearing notice to be posted through the Town’s website platform. In addition to that process, the notice will be flagged as a public hearing notice on the back end of the website, allowing it to appear directly on the home page. For a second means of publication, LexMedia and the Lex Observer are willing to share notices on their websites. Mr. Lucente suggested that the Town website be used as the primary location for legal notices, with secondary locations being the Lexington Minuteman print publication, LexMedia, and the Lexington Observer, with an effective date of March 31, 2025. Dawn McKenna, 9 Hancock Street, noted that the Town website calendars can be very confusing for the public. She asked if this could be made clearer. Mr. Miller stated that this is good feedback which will be taken into account. Pamela Lyons, 51 Grant Street, suggested that the website mention upcoming public projects in order for people to more easily follow the process. Charles Hornig, 18 Bacon Street, asked if it is possible for the Town to go print-free for notices. Mr. Lucente stated that there is an option to use one publication with a primary means of notification through the Town website. Other alternatives are also proposed to be provided. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to set the Town of Lexington website, https://www.lexingtonma.gov, as the primary means for publication of legal notices, with secondary options including the Lexington Minuteman newspaper, LexMedia and Lexington Observer, https://lexobserver.org, as other legal notice publications, with an effective date of March 31, 2025, and with a legal notice going out from the Town to the existing print publication for an advanced warning to individuals regarding the change. DOCUMENTS: Means of Publications proposal, Session Law -Acts of 2024Chapter 352 2. Proclamation Request - Tuskegee Airmen Commemoration Day Mr. Lucente explained that the fourth Thursday of March each year has been recognized by many as Tuskegee Airmen Commemoration Day and observed as a day to honor the Tuskegee Airmen who risked their safety to fly dangerous missions during World War II. Sean Osborne, a US Air Force veteran and member of the New England Chapter of Tuskegee Airmen, Inc., is respectfully requesting the Select Board to approve and sign a proclamation for the fourth Thursday of March each year to be recognized as Tuskegee Airmen Commemoration Day VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the proclamation for the fourth Thursday of March each year to be recognized as Tuskegee Airmen Commemoration Day DOCUMENTS: 2025 Tuskegee Airmen Commemoration Day Proclamation 3. Proclamation Request - Scottish Rite Masonic Museum & Library Day Mr. Lucente explained that on Sunday, April 13, 2025, the Scottish Rite Masonic Museum & Library will kick off its 50th anniversary celebration and rededication. This event will feature a rededication of the museum as well as the opportunity to see “Protest & Promise: The American Revolution in Lexington” and “Looking Back, Moving Forward: 50 Years of Collecting.” This event launches a year of celebratory anniversary programming, including gallery talks, engaging lectures, and new exhibitions. Scottish Rite respectfully requests Select Board approval of the Scottish Rite Masonic Museum & Library Day Proclamation for this celebration. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the proclamation of Sunday, April 13, 2025, as Scottish Rite Masonic Museum & Library Day DOCUMENTS: 2025 Scottish Rite Masonic Museum & Library Day Proclamation 4. Presentation - 2025 ATM Warrant Article 23 - Dispose 116 Vine Street Carol Kowalski, Assistant Town Manager for Land Use, Housing and Development, explained that the Town purchased 30,000 s.f. of land on Vine Street in 2009 for Community Housing. In 2022, Special Town Meeting authorized the Town to petition the State legislature to allow LexHAB to become an independent non-profit housing development corporation, instead of an agency of the Town. That legislation took effect in September 2024. In order for the Town to have housing developed on the Town- owned land, the Town has to procure a development partner. Town Meeting authorization is required prior to the Town starting a procurement process to procure a developer. This commitment would be made by issuing a request for proposal (RFP). LexHAB would compete with other interested affordable housing developers for this public procurement opportunity. Without Town Meeting’s authorization, the objective of Town Meeting’s 2009 purchase will be further delayed No housing can be developed without Town Meeting authorization. Mr. Lucente stated that he would like to know the Affordable Housing Trust’s feedback, role, and capacity in this process. The proposal seems to be a shift in the previous strategy. He would like to see a draft RFP for this item. Ms. Kowalski stated that the Affordable Housing Trust does not currently have a role in this property. Mr. Lucente noted that LexHAB could bid on and be awarded the RFP, with funding to come from the Affordable Housing Trust. Harry Hemond, 104 Vine Street, expressed concern that disposal of this property may be a premature activity. There needs to be clear, transparent discussion between all of the stakeholders. Once the property is disposed of, the Town will lose a level of control prematurely. Petar Litchev, 121 Vine Street, expressed concern with the safety of this property for the proposed use. Becky Chambers, 92 Vine Street, stated that the existing street is very dangerous. One or two units of housing could be acceptable on this site. Pamela Lyons, 51 Grant Street, noted that the Article mentions that, if an RFP goes out, it will include the recommendation of the 2011 report and the 2021 EPA report. Both of those reports recommended a maximum of six units. A sidewalk is not possible on this road, and it needs to be clear that this will not be forthcoming. Elaine Tung, chair of the Affordable Housing Trust, stated that the number of projected proposals that might come in front of the Affordable Housing Trust, far exceeds what it anticipates in CPA funds. CPA funds are extremely limited and are controlled by the Community Preservation Committee. The Trust continues to consider funding buy downs of MBTA multifamily market rate units to affordable units and other projects. It will consider any proposal that comes before it but has limited funding available. Jay Luker, Precinct 1 Town Meeting Member and member of the Transportation Advisory Committee, acknowledged concerns of the neighbors regarding the existing street safety but noted that six units of housing for this site would likely not generate a significant number of trips per day to significantly add to traffic. The safety of the road should be able to be addressed along with building affordable housing. Betsy Weiss, Town Meeting Member and chair of the CPC in 2009, stated that she was one of the proponents for setting aside 30,000 s.f. out of 14.2 acres, which was conservation land. She advocated for eight units of housing on this site, but the committee, at that time, only supported six. This is a narrow street, but affordable housing is needed in Town. It has been 16 years since this process began; it is time for it to move forward. Sarah Morrison, Executive Director of LexHAB, expressed LexHAB’s commitment to apply to the RFP and to utilize the plans that were developed. There is an incredibly serious housing crisis, and it is important to honor the commitment for this property to develop 100% affordable housing. Wendy Manz, Precinct 4 Town Meeting Member and member of the Lexington Housing Partnership, stated that she was also on the Task Force in 2009. Six units was recommended in order to best be accommodated by the neighborhood. The safety of the street is a genuine concern; however, a large house was recently built along the street. It is time to move forward with the modest number of housing units proposed. Tom Shiple, 18 Phinney Road, stated that the width of the right of way on Vine Street is actually 40’, which is the same as the street that he lives on, which is quite a safe street. There seems to be enough right of way for the Town to consider making some improvements. Kunal Botla, chair of the Transportation Advisory Committee, stated that this is a prime property in Town for affordable housing. The property is close to Woburn Street, which has a sidewalk and infrastructure to be able to access the Town center and its resources. This is a great opportunity to develop affordable housing close to Town center. Mr. Lucente stated that he would be more comfortable moving forward with the original proposed for six units. He would like to know more about mitigating for site coverage and the number of units in the process. DOCUMENTS: Vine St slides, Art 23 vine st motion, Art 23 memo 5. Discussion - 2025 ATM Warrant Article 10H - Harrington Athletic Fields and Article 16E - Central Administration Building Demolition Carolyn Kosnoff, Assistant Town Manager for Finance, explained that two FY2026 Capital budget requests have dependencies that will need to be met to before moving forward, Article 16E - Central Administration Demolition and Article 10H - Harrington Athletic Fields. As identified and discussed in the Town's capital planning process, the current Central Administration Office for the School Department located in the Old Harrington School building at 146 Maple Street is rated an "F". The Town's plan has been to move Central Admin to a temporary space at 173 Bedford Street, demolish the Old Harrington building, and repurpose the site at 146 Maple St. with new athletic fields managed by the Recreation Department. New permanent space for Central Administration is being incorporated into the "Bloom" design for the new Lexington High School. A request for funding the new Lexington High School is expected at a Special Town Meeting in Fall 2025, and funding will be contingent on a successful Proposition 2 1/2 debt exclusion referendum in late 2025. Staff would like guidance from the Board on whether or not to make the Town Meeting motion for $3.5M to fund demolition of the Central Admin/Old Harrington building contingent upon successful funding and debt exclusion votes later this calendar year. In considering this contingency there are some key points to note: The previously approved $6M renovation of temporary space at 173 Bedford St. is underway, and the Central Admin staff and operations are expected to move to 173 Bedford St in the Fall of 2025, regardless of the LHS outcome described above. Funding for demolition of Old Harrington is time sensitive and is part of a greater plan to create new athletic fields. New fields at 146 Maple St. will address a longtime shortage of field hours and is expected to relieve some lost field space at the Center field complex as LHS is being reconstructed. The Town expects to receive favorable pricing if the demolition work is completed in the winter/outside construction season. The funding source for demolition is General Fund unreserved fund balance (Free Cash) which must be appropriated before June 30. If this date passes, Free Cash will not be available for appropriation until after the FY2025 certification by DOR, i.e. the next Annual Town Meeting. If the Town wanted to re-inhabit the Old Harrington building, it will need significant capital investment first, including roof, windows, mechanicals systems, etc. which is estimated to cost $20M+. If demolition is not approved either directly or by failed contingency, Town staff expect the building would be mothballed until new plans for programming and funding are developed. The second item, Article 10H for Harrington Athletic Fields is practically contingent, not just by policy. This funding request of $1.197M is for continued design, engineering and construction documents, as well as preliminary site work for a new field complex at 146 Maple St. While some of the funding under this request will be used to advance design, the Town could not move forward with site work or field construction if the Old Harrington building were not demolished. This appropriation of $1.197M from CPA funds is known to be a partial funding request, and a construction contract could not be awarded until the remainder of the funding to construct fields is secured (expected for the 2026 Annual Town Meeting). Melissa Battite, Director of Recreation and Community Programs, explained that there has been a field shortage in Town well beyond the High School project. Bringing on additional fields has been a goal of the Town for a long time. Keeping Center fields 1, 2 and 7 online is allowing some existing programs to be moved to Town facilities and allowing amenities at Center to be moved to other parks in order to maintain level service for community programs. Mr. Lucente stated that there seems to be a majority of the Board that does not want to make the demolition portion contingent on a vote, while leaving the construction of the fields portion as contingent. Ms. Kosnoff noted that a motion for the proposed $1.197M could be crafted to allow for the completion of public outreach and design, creation of construction documents, any engineering work required, and potentially preliminary site work. Mr. Lucente stated that he would like to see the draft motion. Olga Guttag, 273 Emerson Road, stated that even if the Article passes, the current zoning will allow population growth for 4,000-5,000 units. That many new residents could lead to be a need for more school spaces, and the Town is extremely short of building lots for new schools. Though the Old Harrington building cannot be used as a regular school, it could be a lesser expensive space for the Town to bring to code and use for some educational space and office space. She urged the Board to hold onto the building, not destroy it and consider what it would cost to bring it up to code. If it is renovated and the Town does not have an immediate need for it, it could be rented. Lisa Rhodes, 482 Marrett Road, reminded the Board of their responsibility to all of the residents of Town. She noted that Harrington was previously promised as fields to Recreation. Recreation is still at a dearth for fields and looking for available places for all residents to be able to participate. Dawn McKenna, 9 Hancock Street, urged the Board not to appropriate any funding at this time, as the fields do not currently seem to be needed. The proposed process is not one that the Town currently undertakes. It needs to be clear what will be funded with the money. The Board took a five minute recess until 8:52pm. 6. Discussion - Select Board Report to 2025 Annual Town Meeting The Board reviewed the draft Select Board Report for 2025 Annual Town Meeting and determined which topics would be broached. The Board discussed topics such as the High School project, the Town Manager transition, the 250th celebration, affordable housing, and an economic update. DOCUMENTS: List of topics in the 2024 Select Board Report to Town Meeting, Copy of Select Board Report to 2024 Annual Town Meeting, Copy of Select Board Report in the FY 2024 Town Report 7. Presentation - 2025 ATM Warrant Zoning Articles Article 29 Amend Zoning Bylaw – Bicycle Parking Facilities Article 30 Amend Zoning Bylaw - Inclusionary Housing for Special Residential Developments Article 31 Amend Zoning Bylaw - National Flood Insurance (NFI) District Article 32 Amend Zoning Bylaw and Zoning Map - Technical Corrections Article 33 Amend Zoning Bylaw- Section 3.2.1 - Clarify Language Article 34 Amend Zoning Bylaw - Section 7.5 - MBTA Zoning Abby McCabe, Planning Director, explained that Article 29 is to refer the proposed update to the Town’s bike parking requirements back to the Planning Board for further work. Article 30 is to amend the Inclusionary Housing section for Special Residential Developments. The proposed improvements deal with how to calculate the required affordable units/inclusionary dwelling units. The purpose of this Article is to base the required inclusionary gross floor area (GFA) on actual market rate units. Mr. Sandeen stated that he agrees with the intent of the Article 30, but would like to see a change to the language of the article by crossing out the words other than inclusionary dwelling units, to make it be based on 15% of the gross floor area. This would make the intent clear that the intent is 15% of the gross floor area of a project be inclusionary Ms. McCabe explained that Article 31 amends Section 7.1 of the zoning bylaw, which deals with the National Flood Insurance District. FEMA updated their maps which will go into effect on July 8th. Communities that wish to remain in the Flood Insurance Program need to update all of their documents. Ms. McCabe explained that Article 32 is an annual housekeeping Article to deal with necessary technical corrections. Article 33 deals with clarifications in the Accessory Use section of the zoning bylaw. She noted that Town Counsel has reviewed all of the proposed Articles and is comfortable with them. Mr. Lucente asked that Article 34 be discussed in conjunction with Special Town Meeting Warrant Article 2. DOCUMENTS: Art 29 bicycle motion (Refer PB), Art 30 inclusionary housing presentation, Art 33 accessory presentation, PB zoning article overview (Art 29-33), PB Zoning Amendment language- motions draft Art 29-33 8. Presentation - Special Town Meeting 2025-1 Warrant Article 2 - Amend Zoning Bylaw - Section 7.5 - MBTA Zoning Dawn McKenna and Carol Sacerdote presented the proposed Article 2 and recent amendments made to the language. Ms. McCabe noted that any change to the zoning will require a rerun of the economic feasibility study to ensure the 15%. Mr. Lucente noted the importance of being able to clearly explain this proposal to the entire community. Any updates to make the language clear should be considered. It was noted that additional information on Article 34 will be discussed at a future time. DOCUMENTS: Working DRAFT STM Article 2 Zoning Motion as of 03-09-2025_Rev3, updated draft 3.10 445pm 12. Joint Statement on Zoning Proposals – The Board addressed this item at this time. The Board reviewed the draft joint statement from the proponents and Planning Board. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to sign onto the joint statement. DOCUMENTS: Joint Public Statement from the Lexington Planning Board and Proponents of Special Town Meeting 2025-1 Article 2 9. Discussion - 2025 Annual Town Meeting - Select Board Article Discussion and Positions Proposed 2025 ATM Consent Agenda The Board reviewed its positions on the 2025 Annual Town Meeting Articles. Articles 3 and 4 – Ms. Kumar is a yes Article 7 – all Board members are yeses Article 10 – Ms. Kumar is a wait Article 12 – all Board members are yeses Article 13 – all Board members are yeses Article 14 – all Board members are yeses Article 20 being Indefinitely postponed – all Board members are yeses Article 21 being Indefinitely postponed – all Board members are yeses Article 22 – Ms. Kumar is a yes Article 23 – Ms. Kumar is a wait Article 24 – Ms. Kumar is a yes Article 25 – Ms. Kumar is a wait Article 26 – Ms. Kumar and Mr. Sandeen are yeses Article 27 – Ms. Kumar is a yes Article 28 – Ms. Kumar is a wait Article 29 – all Board members are yeses Article 30 – Ms. Kumar, Mr. Lucente, and Mr. Sandeen are waits; Mr. Pato and Ms. Hai are yeses Article 31 – all Board members are yeses Article 32 – all Board members are yeses Article 33 – all Board members are yeses Article 34 – all Board members are waits DOCUMENTS: Art 5 enterprise funds motion, Art 6 amend fy 25 budget motion, Art 7 sustainabiility motion, Art 9 revolving funds motion, Art 11 rec capital motion, Art 13 water motion, Art 14 wastewater motion, Art 17 opeb motion, Art 20 unpaid bills ip, Art 21 cap improvements ip, Art 25 Amend TM Bylaws. Motion, Proposed 2025 Consent Agenda Review -ATM, Select Board Working Document - Positions 2025 ATM 10. Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and Positions The Board reviewed its positions on the Special Town Meeting 2025-1. Article 2 – Mr. Pato, Ms. Kumar, and Mr. Lucente are yeses, Ms. Hai and Mr. Sandeen are waits 11. Review FY25 Goals and Discuss FY26 Goal Setting Process Mr. Bartha reviewed a draft set of goals for the Board. The Board agreed to continue discussion on this topic at future meetings. DOCUMENTS: Goals ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 10:25pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Monday, March 17, 2025 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, March 17, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Kumar, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. CONSENT AGENDA 1. Approve and Sign Proclamation  National Public Health Week To approve and sign a proclamation to recognize National Public Health Week from April 7, 2025, to April 13, 2025. DOCUMENTS: 2025 Public Health Week 2. Accept Select Board Committee Resignation  Lexington Council for the Arts - Ashley Rooney To accept the resignation of Ashley Rooney from the Lexington Council for the Arts effective immediately. DOCUMENTS: 2025.03.10 Ashley Rooney Resignation - Council for Arts 3. Approve Request for Event Signs on Minuteman Bikeway - Estabrook School PTO  Run of the Mill 5k & Jim Banks Kids Fun Run Registration To approve the Estabrook School PTO's placement of two signs on either end of the Lexington Center portion of the Minuteman Bikeway for the purpose of advertising the registration for their upcoming event called Run of the Mill 5k & Jim Banks Kids Fun Run on Sunday, May 18, 2025 starting at 9:30am and to further require that the two signs be removed immediately from the Bikeway following the conclusion of the event. DOCUMENTS: Estabrook Sign 2025 VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discussion and Potential Vote - Request for Street Lights on Walnut Street Dave Pinsonneault, Director of Public Works, explained that this is a request to install six streetlights on Walnut Street. The lights will be evenly spaced, from Concord Ave to Potter Pond, and Potter Pond to the Town line. This request was vetted through the Traffic Safety Group, the Police Department, and the consultant. Mr. Lucente asked about public outreach to those neighboring these proposed lights. Mr. Pinsonneault stated that the consultant’s spokesperson has been in contact with the community. Once the equipment is ready to install, there will be additional communication with anyone who may be impacted. The LEDs should be very focused and will contain glare shields. Frank Smith, 7 Potter Pond, stated that fixing the safety along Walnut Street is a good idea, but there are several homes that may be impacted by this. He asked that those on Potter Pond who live directly on Walnut Street also be contacted. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the installation of six streetlights along Walnut Street, per the request from the DPW. DOCUMENTS: Memo, Map 2. Discussion - Special Town Meeting 2025-1 Select Board Article Discussion and Positions Mr. Lucente explained that, since the last meeting, there have been ever several meetings of committees, and there is now a proposed amendment which seeks to include Lexington Center into the proposed zoning changes. The amendment would include Lexington Center in the zoning that allows MBTA housing. He read a statement from Mr. Sandeen that he would support passage of the main motion of Article 2 based on the compromise language agreed to by the proponents and the Planning Board. Mr. Sandeen’s statement is that he would support Article 2 regardless of whether the Manz Amendment passes, but that he is a wait on the Manz Amendment itself. Ms. Hai stated that she is a ‘yes’ on the main motion for Article 2. She is also in favor of the Manz Amendment. Mr. Pato stated that he is a ‘wait’ on the proposed amendment but will support the main motion, even if it is amended. Ms. Kumar stated that she is a ‘wait’ as she would like to hear from the community but is leaning towards supporting the amendment. Mr. Lucente stated that he is against the amendment. He has seen projects coming forward that will be built. Increasing the Town’s housing stock by 10%-20% in a short period of time and will create stress on the Town. He believes that vibrancy comes from those who live in Lexington or live elsewhere and visit the Center. Alan Levine, 54 Reed Street and member of the proponent’s team, asked that the Board wait to take positions on this until the proponent’s team makes a report on the floor. The team is unanimously opposed to the amendment. One key point deals with vibrancy. Adding the Center on top of everything else, ignores what is going on in the rest of the Town, and is not a good idea. Jerry Michelson, Center Committee, stated that the Committee voted 6-1 to leave the Center as is. Keeping the MFO as is, and voting in favor of the amendment, is not contrary to Article Two’s intention to slow the pace of development, due to the complexities of what it means to build in Lexington Center. What exists under the MFO is appropriate, at 52’, four stories. There will likely not be development under that. Article 2 Main Motion - Ms. Hai, Mr. Lucente, Mr. Pato and Ms. Kumar were yeses Article 2 Manz Amendment - Ms. Hai was a yes; Mr. Lucente was against; Mr. Pato and Ms. Kumar were waits. DOCUMENTS: Art 2 motion Art 2 amendment., Art 2 PB report. 3. 2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions  Proposed 2025 ATM Consent Agenda The Board reviewed its positions on the Articles. Article 10 Mr. Lucente and Ms. Kumar were yeses Article 12 All Board members present were yeses Article 15 All Board members present were yeses Article 16 All Board members present were yeses Article 17 All Board members present were yeses Article 18 All Board members present were yeses Article 19 All Board members present were yeses Article 28 Ms. Hai was a yes Article 30 Ms. Kumar was a yes Ms. Axtell noted that the Appropriation Committee and CEC agreed to add Articles 8 and 29. They are in full support of the proposed Consent Agenda. DOCUMENTS: Art 10 CPC motion, Art 12 municipal capital motion, Art 15 school projects motion, Art 16 facilities capital motion, Art 17 opeb motion, Art 18 rescind prior borrowing motion, Art 19 to/from stabilization funds motion, Proposed Consent agenda 2025, Select Board Working Document - Positions 2025 ATM, Moderator's Proposed Schedule for 2025 ATM ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to adjourn at 6:50pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Monday, March 24, 2025 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, March 24, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Kumar, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager. CONSENT AGENDA 1. Approve: Town Manager Committee Reappointments Conservation Commission: Alexandra Dohan Historical Commission: Marilyn Fenollosa and Wendall Kalsow To confirm the Town Manager's reappointments of Alexandra Dohan to the Conservation Commission as well as Marilyn Fenollosa and Wendall Kalsow to the Historical Commission. All with terms set to expire March 31, 2028. 2. Approve: Select Board Committee Reappointment Board of Registrar - Judith Moore To reappoint Judith Moore to the board of Registrars for a three-year term set to expire March 31, 2028. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve: Select Board Committee Appointments Ad Hoc Crematory Study Committee II: 5 Community Representative Members o Archan Basu o Michael Harris o Jyoti Puri o Joseph Su o Judith Zola 1 Lexington Area Interfaith Community Member o Rabbi David Lerner 1 Board of Health Member o Jillian Tung The Board discussed a liaison for the Committee. Mr. Pato volunteered for this role. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint the following as members of the Ad Hoc Crematory Study Committee II Archan Basu, Michael Harris, Jyoti Puri, Joseph Su, Judith Zola (Community Representative Members) Rabbi David Lerner (Lexington Area Interfaith Community Member) Jillian Tung (Board of Health Member) and designate the Ad Hoc Crematory Study Committee II members as Special Municipal Employees, and further to appoint Mr. Pato as liaison to the Committee. DOCUMENTS: 2025.02.08 Basu, Archan – AHCSII_Redacte, 2025.02.27 Harris, Micheal – AHCSII_Redacted, 2025.01.31 Puri, Jyoti - AHCSII_Redacted, 2025.01.23 Su, Joseph - AHCSII_Redacted, 2025.02.01 Zola, Judith - AHCSII_Redacted, 2025.01.29 Lerner, David Rabbi - AHCSII_Redacted, 2025.03.10 Tung, Jillian - AHCSII 2. Presentation of Residential Development Impact Study Report Mark Fougere, of Fougere Planning & Development and Jeffrey Donohoe, of Jeffrey Donohoe Associates, presented the study report. The assignment was to evaluate the impacts to Lexington Public Schools resulting from the additional residential development being created by the MBTA Communities Act. In addition, the project team was charged with identifying potential impacts to emergency services, including Police, Fire and Emergency, Medical Services, along with other Town departments. The currently active projects in the community total 1,117 units. This would project 499 new students. 480 of those will be generated by the apartment projects, and the remaining 19 will be generated by the condominium and townhouse projects. 217 of these new students, or approximately 40%, will be in the K-5 grades, 130 in the 6-8 grades, and 152 at the high school. The Superintendent shared that, since 2019, enrollment in the Lexington Public Schools has declined by about 444 students. Adding 499 new students would lead to a net change since 2019 of 55 students over that same time period. The Superintendent indicated that over 200 staff have been added across the school system in that time. A worst-case scenario, assuming no additional decline in enrollment, and an additional 499 students to the current enrollment, which is 6,678 students today in K-12, generated a gross cost of $7,913,000. Middle of the road projections, adding those students and based on lower enrollments, a net increase of 177 students, generated an estimated cost of approximately $202,800,000. Staff at the School District feels that, given the declining enrollment, there is capacity in the school system today with the new addition of the proposed high school Based on the analysis, there could be approximately 119 new Fire calls at build out, 130 EMS calls, and 481 Police calls. Using a metric of officers per 1,000 population, there could be a potential need for four officers and a cruiser. If a new EMS ambulance is purchased, another eight staff would be needed. The proportional cost based on the percentage increase in calls is approximately $32,000 for the Fire Department. As far as future values in revenue, the estimation is for a net increase in property taxes of $4.6M with approximately $326,000 in excise taxes, and $143,000 in ambulance fees, for a total potential income of $5.1M. Mr. Bartha explained that this study was never intended to be a final analysis of what may happen in the community from a built-out perspective. It was meant to focus on what can be done to anticipate the impact of the projects and to receive metrics to use in moving forward. The upper range of costs identified for the scope of work was approximately $8M. This would be an impact on the operating budget with offsetting revenue of approximately $5M. Mr. Sandeen stated that he’d like more information on the potential timing and pacing of when these developments are expected to be occupied. He has heard from residents’ questions about how apartments are valued from a property tax perspective. He suggested it would be helpful if we all shared a common understanding regarding how that property tax will be calculated moving forward. He also asked that the Town consider how the increased number of people living in Lexington will result in positive impacts in terms of additional local business revenue and taxes. Mr. Pato stated that he would like to better understand how assessments work for the large apartment facilities, in particular, as opposed to them being isolated without comparable sales opportunities. Mr. Lucente asked if there is anything unique about Lexington in comparison to the other communities. Mr. Fougere stated that the number of students found in market rate units is much higher than the affordable units. In most communities, the ratio of children in affordable units far exceeds that in the market units. This analysis showed a significant number of children in one-bedroom units, which was surprising. The market rate units are generating most of the school children versus the affordable units, which is not the norm. Mr. Donohoe stated that the number of children in one-bedroom units is very surprising. Of the 499 projected new students, 138 of those would be in one-bedroom units. This is an overwhelmingly large number. It speaks to the quality of the school system, that people want to move here, and are willing to do what they need to in order to get their kids into Lexington Public Schools. Ms. Hai stated that she would like to know how this will become embedded in budget conversations moving forward. Ms. Kumar asked about the threshold at which service levels would start to change. Mr. Fougere stated that it will be important for the community to track the project timeline. Ms. Kumar asked at what pace the Town should build. Mr. Fougere stated that this is community-specific and up to the community to decide. Mr. Pato commented on the statement regarding Lexington having a higher percentage of students coming out of one-bedroom units. He noted that, even though that number is larger, it is still significantly less than what would be seen in two- and three-bedroom units. DOCUMENTS: MBTA Multi-family Impact Study presentation, Residential Development Impact Study Report 3. Review Select Board Report to Annual Town Meeting 2025 The Board reviewed the Select Board Report to Annual Town Meeting. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Select Board’s Report to the 2025 Annual Town Meeting, incorporating any edits or adjustments discussed this evening, and any sent into the Office of non-substantive nature, and to authorize the Chair to finalize and submit the report to Town Meeting. DOCUMENTS: DRAFT Select Board Report to 2025 ATM 4. 2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions The Board discussed the 2025 Annual Town meeting articles, including some recent amendments. Mr. Sandeen noted that he was a ‘yes’ on Articles 12, 15, 16, 17, 18, and 19. On Article 30, Mr. Sandeen stated that he would like to get to 15% inclusionary housing. Ms. Hai stated that she believes it would be better to approve the Article at this time and then work toward the 15% calculation. Mr. Pato noted that Sustainable Lexington is planning to disapprove the resolution in Article 28. Ms. Hai and Mr. Pato stated that they would like to change to ‘waits’ on this Article. DOCUMENTS: Select Board Working Document - Positions 2025 ATM, Moderator's proposed schedule for 2025 Annual Town Meeting as of 3-19-25 ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 7:13pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Wednesday, March 26, 2025 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Wednesday, March 26, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Kumar, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Steve McKenna, 9 Hancock Street, expressed concern regarding the decision to change the Patriots Day parade route for this year's 250th celebration. The change, approved by the Select Board on January 27th, will move the route from taking a right at the Minute Man statue, to a left at the statue. From a historical perspective, this could be the largest parade since the bicentennial. The current plan was made weeks before the day and shows a lack of long-term planning. The wide sidewalk at Buckman Tavern, opposite the Battle Green, provides excellent space for the largest crowd of the parade route. The new plan will place the crowd on a much narrower sidewalk, and any overflow crowd will be backed up onto the people's lawns. He asked what went into the decision making, why there was no public record of the final decision or discussion surrounding it, and what can be done to change the route back. Mr. Lucente noted that he believes this was discussed over a year ago and that he would look further into the timing of the decision. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Nothing outside of the written comments within the packet. DOCUMENTS: 03262025_Select_Board_Announcements_and_Liaison_Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update Nothing additional at this time. CONSENT AGENDA 1. Approve: Battle Green Use Request - Lexington Minute Men - Filming PBS Segment of 18th Century Military Drill Saturday, April 12, 2025 from 9:00am - 4:00pm To approve the request of the Lexington Minute Men to use the Battle Green for an 18th-century military drill and musket blank-firing demonstration in preparation for the 250th Anniversary of the Battle of Lexington. 2. Approve: Battle Green Use Request - Lexington Semiquincentennial Commission - 250th Anniversary of the Battle of Lexington Kick Off Press Conference Thursday, April 17, 2025 from 9:00am - 10:30am To approve the request from the Lexington Semiquincentennial Commission (Lex250) to use the Battle Green and approve the associated road closures on Thursday, April 17, 2025, from 9:00am to 10:30am for the 250th Anniversary of the Battle of Lexington Kick Off Press Conference, as outlined in the request. And to approve the closure of Bedford Street eastbound (into the Center) closed at Harrington Road and Massachusetts A venue westbound (away from the Center) closed at Bedford Street (no left turns at the Minuteman Statue). DOCUMENTS: Kick Off Diagram 3. Approve: Battle Green Use Request - Lexington Semiquincentennial Commission - Rededication of the Lexington Battle Green Saturday, April 19, 2025 11:00am - 1:00pm Move to approve the request from the Lexington Semiquincentennial Commission (Lex250) to use the Battle Green and approve the full road closure of Massachusetts Avenue on Saturday, April 19, 2025, at 11:00am for the Rededication of the Lexington Battle Green, as outlined in the request. DOCUMENTS: LEX_250Event_Timeline 4. Approve: Entertainment License - iCan Fly, Inc - Beyond the Spectrum Market Sunday, May 4, 2025 from 1:00 - 4:00pm Move to approve the request from iCan Fly, Inc. for an Entertainment License to host the Beyond the Spectrum Market on Sunday, May 4, 2025, from 1:00pm to 4:00pm at 0 Depot Square/ Emery Park DOCUMENTS: Emery Square - Beyond the Spectrum Market Event Map, Beyond_the_Spectrum_Market_Event_Schedule 5. Approve and Sign Proclamations Arbor Day: April 25, 2025 Autism Awareness and Acceptance Month: April 2025 National Library Week: April 6-12, 2025 National Public Safety Telecommunicators Week: April 13-19, 2025 To approve and sign proclamations to annually recognize the month of April as Autism Awareness and Acceptance Month and to commemorate Arbor Day on Friday, April 25, 2025; National Library Week from April 6, 2025 to April 12, 2025; and National Public Safety Telecommunicators Week from April 13, 2025 to April 19, 2025. DOCUMENTS: 03262025 Arbor Day Proclamation, 03262025 Autism Awareness and Acceptance Month Proclamation, 03262025 National Library Week Proclamation, 03262025 National Public Safety Telecommunicators Week Proclamation 6. Accept Select Board Committee Resignations Lexington Human Rights Committee -Courtney Apgar Noise Advisory Committee - Sallye Bleiberg To accept the resignation of Courtney Apgar from the Lexington Human Rights Committee & Sallye Bleiberg from the Noise Advisory Committee, effective immediately. DOCUMENTS: 03202025 Courtney Apgar - Lex Huma Rights, 2025.03.21 Sallye Bleiberg - Noise Advisory Committee VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Accept Report for Munroe Center for the Arts Construction Project Mike Cronin, Director of Public Facilities, explained that the Munroe Center for the Arts addition project is at end of the next phase and will be moving into bidding and construction. As part of the Integrated Building Design and Construction Policy, a report needs to be submitted to the Board prior to moving into the next phase. The Select Board is being asked to vote to accept the report. Greg Burchard, Jones Architecture, presented on the building project. There was discussion regarding the runoff and drainage from the roof of the building. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to accept the Munroe Center for the Arts addition project report, as presented. DOCUMENTS: MCA 12-16-24 SB to CD Phase-final 2. Approve Increase to Outdoor Dining Permit Fee Mr. Bartha explained that, as in years' past, the Town has increased outdoor dining fees by 2.0%. The current fee schedule is: Up to 10 outdoor seats on public sidewalks $102 per year Over 10 seats on public sidewalks $255 per year He stated that he is once again recommending a 2.0% increase consistent with the Town’s practice. Ms. Hai stated that the Center Committee asked about the duration of the permits. Mr. Bartha stated that this will likely be weather-dependent. Ms. Hai noted that the Center Committee is also interested in who is responsible for enforcement of any cleanup of outdoor dining areas. Mr. Lucente stated that including some of this information on the Town website would be helpful. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve a 2.0% fee increase for outdoor dining permits effective for permits in 2025. New outdoor dining permit fees would be: Up to 10 outdoor seats on public sidewalks $104 per year Over 10 seats on public sidewalks $260 per year 3. Request for Approval - Inn at Hastings earlier hours on April 19, 2025 for Alcohol Service Mr. Lucente explained that the current hour on the Inn at Hasting’s liquor license to start serving alcohol at is 11:00am. The Inn at Hastings respectfully requests permission to be allowed an earlier start for Alcohol Service of 8:00am on 4/19/2025 for their Patriot Brunch at Town Meeting Bistro. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to allow alcohol service to start at 8:00am on April 19, 2025 for the Inn at Hastings Park. DOCUMENTS: Inn at Hastings request to extend Liquor License hours on 4/19 4. 2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions Ms. Hai and Ms. Kumar moved to ‘waits’ on Article 26. Regarding Article 28, Mr. Pato read a statement from Mr. Sandeen indicating that he has changed to a ‘no.’ Ms. Kumar and Mr. Lucente stated that they were ‘yeses’ on this item. Mr. Pato read a statement that he will be making on this item. Mr. Lucente stated that he is leaning toward being a ‘no’ on Article 23. DOCUMENTS: V 7-_2025_ATM_Positions_Chart_Worksheet 5. Select Board Report to Annual Town Meeting 2025 The Board reviewed its report to Annual Town Meeting 2025. DOCUMENTS: 03262025 Select Board Report to Annual Town Meeting 2025 FINAL, 03262025 Select Board Report to Annual Town Meeting 2025 Redline Version ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 6:52pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Wednesday, April 2, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday, April 2, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Hai; Mr. Sandeen and Ms. Kumar were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Melinda Walker, 14 Larchmont Lane and member of the Community Preservation Committee and Lexington Housing Authority, stated that, in 2009, the Town of Lexington made a commitment to build affordable housing at 116 Vine Street on about 5% of the 14.2 acres. It is now 16 years later; 1,000s of dollars of CPA funds have been allocated for this endeavor, and the good hearted LexHAB volunteers have spent countless hours meeting with community groups, town boards, and committees. These efforts were for a very simple objective: to build decent and affordable housing for individuals and families Since 2009 the housing crisis in Massachusetts has gotten much worse. Unfortunately, housing production has not kept up with demand, and this puts the greatest pressure on those individuals and families with the least financial resources. Currently over 3,000 applicants on the wait list for State public housing listed Lexington as their preferred place to live. She is affiliated with the Community Development Corporation that serves many communities in Metro West. A new development in Metro West, recently had 788 applications for 40 units. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Kumar stated that April 2nd marks International Autism Acceptance Day and April is recognized as Autism Acceptance and Awareness Month. This time is dedicated to fostering understanding, advocating for inclusion, and celebrating the strengths and contributions of autistic individuals. She appreciates living in a Town that embraces diversity in all its forms, and one that values and supports people of all abilities, and identities. True inclusion means not just awareness, but active acceptance, ensuring that autistic individuals have the opportunities, resources, and respect they deserve. She encouraged everyone to take this month as an opportunity to listen, learn, and advocate for meaningful inclusion. DOCUMENTS: 03262025_Select_Board_Announcements_and_Liaison_Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update Nothing additional at this time. CONSENT AGENDA 1. Approve: One-Day Liquor License - Craft Food Hall, Hastings Park Patriots Day Picnic in Hastings Park - Monday, April 21, 2025 To approve a One-Day Liquor License for Craft Food Halls – Revolution Hall to serve beer and wine at the Patriots’ Day Picnic at Hastings Park on April 21, 2025, from 11:00am - 3:00pm. DOCUMENTS: Picnic in Hastings Park Event Map 2. Approve: One-Day Liquor Licenses - LABBB Collaborative, 0 Meriam Street/Depot Parking Lot (2) Lexington Battle Green BBQ Festival - Saturday, May 17, 2025 & Sunday, May 18, 2025 To approve two One-Day Liquor Licenses for LABBB Collaborative to serve beer and cider at the municipal parking lot behind the Depot Building, 0 Meriam Street, for the purpose of the Lexington Battle Green BBQ Festival on the following dates: Saturday, May 17, 2025 from 12:00pm to 6:00pm Sunday, May 18, 2025 from 12:00pm to 4:00pm DOCUMENTS: Lex BBQ Map 3. Approve: Entertainment License - LABBB Collaborative Lexington Battle Green BBQ Festival - Saturday, May 17, 2025 & Sunday, May 18, 2025 at 0 Meriam Street/Depot Parking Lot To approve an Entertainment License for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take place on Saturday, May 17, 2025 from 12:00pm - 6:00pm & Sunday, May 18, 2025 from 12:00pm - 4:00pm at 0 Meriam Street/Depot Parking Lot. 4. Approve: Sunday Entertainment License - LABBB Collaborative Lexington Battle Green BBQ Festival - Sunday, May 18, 2025 at 0 Meriam Street/Depot Parking Lot To approve a License for Public Entertainment on Sunday for LABBB Collaborative for the purpose of providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take place on Sunday, May 18, 2025 at the municipal parking lot behind the Depot Building, 0 Meriam Street from 12:00pm to 4:00pm. 5. Approve: Entertainment License - Friends of Lexington High School Wrestling Corp LexGiving 5k Race: Friday, November 28, 2025 at Lincoln Field. To approve an Entertainment License for The Friends of Lexington High School Wrestling Corp to host a LexGiving 5k race for charity on Friday, November 28, 2025 from 6:00am- 1:00pm with a live DJ in Lincoln Field, 52 Lincoln Street. DOCUMENTS: LexGiving 5k Event Map 6. Approve: Battle Green Use Request - United States Army Promotion Ceremony Saturday, May 17, 2025 To approve the request of Matthew Milikowsky to use the Lexington Battle Green near the Minute Man statue for a United States Army Promotion Ceremony on May 17, 2025, from 11:00am - 12:00pm. 7. Approve: Discovery Day Street Fair 2025 Request - Lexington Retailers Association Saturday, May 24, 2025 Location + Road Closures: o Massachusetts Avenue o Depot Square o Muzzey Street Temporary Sign on Minuteman Commuter Bikeway, 1775 Massachusetts Avenue Free Parking at Central Business District Parking Meters and Depot Lot To approve restricting vehicular access in the following areas for the 2025 Discovery Day Street Fair to be held on Saturday, May 25, 2024 from 6:00am to 5:00pm: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Depot Square; and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street. To approve permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. To approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. *and all approvals and locations are subject to modifications as may be required by Department of Public Works, Public Safety, Public Health, Engineering and/or Town Manager up to the time of the event. DOCUMENTS: Discovery Day Request Letter 2025 8. Approve Select Board Minutes To approve and release the following minutes: February 14, 2025 Select Board February 24, 2025 Select Board DOCUMENTS: DRAFT Select Board 02142025 minutes, DRAFT Select Board 02242025 minutes VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Battle Green Use Request - Drone Use on April 5, 2025 Mr. Lucente explained that NBC 10 News respectfully requests permission to fly a drone over the Battle Green during the Saturday, April 5, 2025 dress rehearsal of the Lexington Minute Men's reenactment of the Battle of Lexington, with a rain date of April 6, 2025. NBC 10 plans to have an NBC photographer and a spotter on location that day to capture aerial images of the rehearsal. Both the pilot and the spotter are Part 107 certified. NBC 10 will have the necessary FAA permissions in place before the event. They will also follow all weather advisories and cancel the flight if the weather does not meet flight requirements. In accordance with the Battle Green Use Regulation, flying a drone over the Battle Green is an impermissible activity. As this is a unique request, different from those previously approved in the past by the Town Manager/designated staff, Select Board review this request. Police and Fire have reviewed this request and do not have any objections. Police stated that the drones cannot be flown over public ways. As such, the drone cannot be flown over Bedford Street to the Battle Green or over Harrington Road. NBC 10 has confirmed the drone will only be flown over the Battle Green itself. Ms. Hai stated that this should be tied to the unique nature of the 250th celebration itself. Also, channel 10 is the Town’s designated media partner. Nate Isenor, NBC 10 Boston Assistant News Director, explained that the pilot will set up the drone on the edge of the Battle Green, in a 4 s.f. designated landing area. The drone takes off and lands vertically. The pilot and the spotter make sure that the drone never flies over a reenactor, for safety reasons. As the drone moves across the Green, it will be adjusted in compliance with flight regulations at all times. The intention is to allow for unique images to promote and cover the event. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve NBC 10 News' request to fly a drone over the Lexington Battle Green on the Saturday, April 5, 2025 dress rehearsal of the Lexington Minute Men's reenactment of the Battle of Lexington, from approximately 2:00 - 4:00pm, with a rain date April 6, 2025, of pending NBC 10 having supplied a copy of the required FAA authorization prior to the event. DOCUMENTS: Request Letter to fly Drone over Battle Green, Batlle Green Use Regulations 2. 2025 Annual Town Meeting - Select Board Article Presenters, Discussion and Positions The Board discussed Article 34. Ms. Hai and Mr. Pato changed their positions on the Article to ‘yeses.’ Ms. Kumar changed her position on Article 23 to a yes. DOCUMENTS: Select Board Working Document - Positions 2025 ATM, Art 34 motion, Art 34 slides ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 6:59pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING Monday, April 7, 2025 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, April 7, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, and Ms. Kumar, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining - To discuss strategy with respect to collective bargaining (LMEA, LMMA, Fire, Police Superior) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 6:02pm that the Select Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining for the Lexington Municipal Employees Association (LMEA), Lexington Municipal Management Association (LMMA), Fire Department, and the Police Superior Unions, and to reconvene in Open Session. Further, as Chair, declare that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. The Board resumed Open Session at 6:34pm. CONSENT AGENDA 1. Approve Select Board Committee Appointments Battle Road Scenic Byway Committee - Rahul Sen Communication Advisory Committee - Sreeni Chippada Greenways Corridor Committee - David Frohman, Emilie Webster Lexington Human Rights Committee - Hafsah Syed, Mamata Banerjee Town Celebrations Committee - Elizabeth Wenrong Xu Town Report Committee - Ragan Robertson To appoint the committee members with terms as indicated in the attached list titled "Select Board Committee Appointments - February Recruitment, 2025". DOCUMENTS:Battle Road Scenic Byway Committee - Rahul Sen 02.28.25_Redacted; Communications Advisory Committee - Sreeni Chippada 02.28.25_Redacted; Greenways Corridor Committee - David Frohman 03.01.25_Redacted; Greenways Corridor Committee - Emilie Webster 02.19.25_Redacted; Lex Human Rights Committee - Hafsah Syed_Redacted; Lex Human Rights Committee -Mamata Banerjee_Redacted; Town Celebrations Committee - Elizabeth Wenrong Xu 12.20.24_Redacted_Redacted; Town Report Committee - Ragan Robertson 02.21.25_Redacted; Select Board Committee Appointments - February Recruitment, 2025 2. Approve and Sign Proclamations Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month: May Mental Health Month: May National Public Works Week: May 18-24, 2025 National Police Week/Peace Officers Memorial Day: May 11-17, 2025 & May 15, 2025 To approve and sign proclamations annually recognizing the month of May as Mental Health Month and Asian American, Native Hawaiian, Pacific Islander (AANHPI) Heritage Month. To approve and sign proclamation recognizing National Police Week from Sunday, May 11, 2025 through Saturday, May 17, 2025, with Peace Officers Memorial Day being recognized on Thursday, May 15, 2025 and further approve lowering the Battle Green Flag from sunrise until sunset on Thursday, May 15, 2025 in commemoration of Peace Officers Memorial Day. To approve and sign proclamation recognizing National Public Works Week from Sunday, May 18, 2025 through Saturday, May 24, 2025. DOCUMENTS: Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month Proclamation; Mental Health Month Proclamation; Mental Health Month Events MEMO; National Public Works Week Proclamation; National Police Week-Peace Officers Memorial Day Proclamation 3. Approve Common Carrier License Boston Hidden Gems, Inc To approve a Common Carrier License for Boston Hidden Gems Inc to operate one vehicle for guided tours in Lexington, as described, subject to all applicable regulations and approvals. 4. Approve and Sign Local Initiative Program (LIP) Application for Local Action Units at 17 Hartwell Ave To approve the Local Initiative Program application (LIP) for the Local Action DOCUMENTS: Request Memo, 17 Hartwell Lexington_Local Action Unit Application VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Revision - PARC Restaurant Group Lex, LLC DBA Post 1917 Restaurant All Alcohol Liquor License Application Mr. Lucente explained that, on February, 24, 2025, the Board approved the new Liquor License Application for 27 Waltham Street from PARC Restaurant Group Lex d/b/a Post 1917. The ABCC sent a "return no action" notification to the Applicant copying the Select Board Office regarding the new license application citing that the applicant needs to submit the following UPDATED information to the local licensing authority for their approval of the amended application page: As the applicant provided loan documents in their original application that indicate the individuals loaning money to the licensee will become percentage owners once the loan is paid back, the applicant must disclose those percentage owners on the application and have the updated page 2 approved by the local licensing authority. This is an administrative action and no hearing is required. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve PARC Restaurant Group Lex’s submission of the required updated paperwork to be sent to ABCC for ABCC's reconsideration of PARC Restaurant Group Lex’s new Liquor License application. DOCUMENTS: Updated Application Page 2 2. Accept Walking Trail Easement for Fairland Commons Mr. Lucente explained that the Board is being asked to accept and sign the Wildlife, Sidewalk & Footpath Easement for the Fairland Commons Balanced Housing Development. On July 10, 2019, the Planning Board approved a Special Permit Residential-Balanced Housing Development for the creation of 16 dwelling units known as “Fairland Commons Balanced Housing Development” (BHD). The project site consists of 4.72 acres at 15 Fairland Street (42-205), 17 Fairland Street (42-204C) and 185 Lincoln Street (42-233). The existing dwelling at 185 Lincoln Street was approved to be converted to a two- family condominium, with one unit being a Moderate-Income Unit. Fairland Street, an unaccepted road, provides access to the new interior drive, and a footpath provides pedestrian access to the site from Lincoln Street. Per Condition of Approval #22 of the July 10, 2019 Decision, the Applicant, Barons Custom Homes, is required to provide an easement in a form acceptable to the Town for public pedestrian access from the development’s entrance, directly down the interior drive and sidewalk to the Footpath located between Units 13 & 14 and past units 15 & 16 out to Lincoln street. The “Wildlife, Sidewalk & Footpath Easement Plan” dated January, 24, 2025, indicates the locations of the 5- foot wide walkway easement and 4-foot wide sidewalk easement. The draft easement has been reviewed by the applicant, Planning Staff, and Anderson Kreiger. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to accept and sign the Wildlife, Sidewalk & Footpath Easement for the Fairland Commons Balanced Housing Development, as presented. DOCUMENTS: Request Memo; Easement - Fairland Commons Walking Trail Backup Material; Wildlife Sidewalk & Footpath easement plan Backup Material; Copy of Special Permit Decicion - 15-17 Fairland Street 3. 2025 Annual Town Meeting - Select Board Article Discussion and Positions Update on 2025 ATM Article 34 Abby McCabe, Planning Director, reviewed Article 34. The proposed language changes are consistent with what the Planning Board previously recommended at its March 27th public hearing. This language has the same intent but clarifies the minimum requirements. The three changes were in addition to what was approved through the Special Town Meeting Article, but the Planning Board and Staff worked with the citizens petition proponent working group to propose the three changes that they feel are improvements to Section 7.5 of the bylaw. The changes include adding additional screening for properties that are over 40’ in height, a larger setback for taller buildings from the street, and a required minimum first floor height for the commercial space on mixed use projects, in order to make the space usable and attract more businesses. Mr. Lucente decided to change his position to a ‘yes’ on Article 34. Ms. Kumar, Mr. Sandeen, and Mr. Pato chose to remain ‘waits’ on Article 34. Mr. Bartha noted that the Moderator received information that someone will be proposing reconsideration of Article 30, seeking to change the percent in the inclusionary from 15% to 17.6%. The Moderator has deemed that this request has reached the information threshold, which will at least allow for Town Meeting to determine if they agree that there is sufficient information to reopen Article 30 for reconsideration. DOCUMENTS: Select Board Working Document - Positions 2025 ATM; Moderator's proposed schedule of 2025 ATM Articles; Motion-Article 34- V O 4-3-2025; Motion-Article 34- V O 4.3.2025 redlined; Art 34 slides ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 7:04pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Request for Water and Sewer Deferral PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.11 SUMMARY: Category: Decision-Making The resident of 27 Lawrence Lane has submitted an application for deferral of the FY2025 water and sewer payments. Real Estate deferral was granted by the Board of Assessors on March 25, 2025 for FY2025. SUGGESTED MOTION: To approve deferral of the FY2025 water and sewer payments for 27 Lawrence Lane. Move to approve the consent agenda. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 ATTACHMENTS: Description Type Water and Sewer Deferral Application Backup Material AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Select Board Appointment of Town Counsel PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.12 SUMMARY: Category: Decision-Making Appointment Town Counsel The Select Board shall each year appoint some attorney-at-law as Town Counsel, who shall serve for the term of one year.The Select Board is being asked to appoint Anderson & Kreiger LLP as Town Counsel for the Town of Lexington. SUGGESTED MOTION: To appoint Anderson & Kreiger LLP as Town of Lexington’s Counsel, with Mina S. Makarious serving as Town Counsel, for a one-year term to expire March 31, 2026. Move to approve the consent FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Select Board Committee Reappointment PRESENTER: Doug Lucente, Chair ITEM NUMBER: C.13 SUMMARY: Category: Decision-Making Reappointments: Affordable Housing Trust The Select Board is being asked to reappoint the following members to the Affordable Housing Trust for two- year terms set to expire on April 30, 2027: Tiffany Payne Linda Prosnitz William M. Erickson All members are current with their State Conflict of Interest Law Online Training. SUGGESTED MOTION: To reappoint Tiffany Payne, Linda Prosnitz, and William M. Erickson to the Affordable Housing Trust for two-year terms set to expire on April 30, 2027. Move to approve consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Hearing: Liquor License Amendment Application - Akame Nigeri and Sake Change of Officers and Ownership Interest PRESENTER: Doug Lucente, Chair ITEM NUMBER: I.1 SUMMARY: Category: Decision-Making M Block LLC d/b/a Akame Nigiri and Sake, located at 1707 Massachusetts Avenue, #2, has submitted all the necessary paperwork needed to request a Change of Officers and a Change of Ownership Interest on their Wine and Malt Common Victualler Liquor License. Christopher Bonasoro sold his interest in M Block LLC and is no longer an owner, he had a 35% ownership interest. Michael Monaco, current owner and manager on record of the liquor license, purchased Mr. Bonasoro’s ownership percentage. Mr. Monaco now holds 100% ownership interest in M Block LLC. M Block LLC’s business structure documents have been updated with the State reflecting this change of officers and ownership interest. SUGGESTED MOTION: Move to approve M Block LLC’s application for a Change of Officers and a Change of Ownership Interest on their Wine and Malt Common Victualler Liquor License at 1707 Massachusetts Avenue #2. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 7:05pm ATTACHMENTS: Description Type Amendment Application Backup Material AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve: Updated Liquor License Transfer Application - Neillio's Wine and Spirits 55 Bedford Street PRESENTER: Doug Lucente, Chair ITEM NUMBER: I.2 SUMMARY: Category: Decision-making On December 11, 2024 the Select Board approved the transfer of the Package Store Liquor License located at 55 Bedford Street to 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits. The ABCC sent a "return no action" notification to the 55 Bedford St LLC copying the Select Board Office regarding the transfer license application citing that the applicant needs to submit the following UPDATED information to the local licensing authority for their approval of the amended application pages/additional supporting documents: Page 1, section 4 description of the premises must indicate the same sq. ft. and number of floors as indicated on the submitted lease; Page 2, section 6 correct Name of Principal Title on form to be: Manager / Member; Corrected P age 3 Page 5 – corrected figures on section 10 Financial Disclosure. Applicant Statement P age - correct the title Corporate Vote requires date of meeting of applicant; In addition, the applicant must provide: o Real Estate Purchase and Sale Agreement, o a commitment letter from Leader Bank o Commercial Promissory Note o Pledge Agreement regarding the pledge of license and inventory This is an administrative action and no hearing is required. Attached is the necessary updated paperwork submitted by 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits requested by the ABCC to be voted on by the Select Board. SUGGESTED MOTION: Move to approve 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits submission of the required updated paperwork to be sent to ABCC for ABCC's reconsideration of 55 Bedford St LLC d/b/a Neillio’s Wine and Spirits Package Store Liquor License transfer application. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 7:15pm ATTACHMENTS: Description Type Amended Application pages and supplemental documents Backup Material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edford St LLC / dba Neillio's Wine & Spirits applying for a transfer of license from 55 Pearl Investments LLC / dba Whiskey and Wine Lexington upon the acquisition of the business and it's assets. 90072-PK-0612 55 Bedford St. Lexington, MA 02420 5456 N/A N/A 1 3 1 LEXINGTON ! ! ! Off-Premises §15 Package Store All Alcohol Annual 33-2071481 55 Bedford St LLC Neillio's Wine & Spirits Kevin P. O'Neill (781) 862-1400 kponeill62@icloud.com (781) 258-7330 The premises will not be altered. There is one ground floor consisting of 4417 sq. feet and one basement consisting of 1039 sq. feet. There are no outdoor areas. A single storage room is located in the basement. 55 Bedford St LLC / dba Neillio's Wine & Spirits applying for a transfer of license from 55 Pearl Investments LLC / dba Whiskey and Wine Lexington upon the acquisition of the business and it's assets. 90072-PK-0612 55 Bedford St. Lexington, MA 02420 5456 N/A N/A 1 3 1 LEXINGTON Off-Premises §15 Package Store All Alcohol Annual 33-2071481 55 Bedford St LLC Neillio's Wine & Spirits Kevin P. O'Neill (781) 862-1400 kponeill62@icloud.com (781) 258-7330 The premises will not be altered. There is one ground floor consisting of 4417 sq. feet and one basement consisting of 1039 sq. feet. There are no outdoor areas. A single storage room is located in the basement. APPLICATION FOR A TRANSFER OF LICENSE By what means is the 6.PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST List all individuals or entities that will have a direct or indirect, beneficial or financial interest in this license (E.g. Stockholders, Officers, Directors, LLC Managers, LLC Members, LLP Partners, Trustees etc.). Attach additional page(s) provided, if necessary, utilizing Addendum A. •The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State. •The individuals identified in this section,as well as the proposed Manager of Record,must complete a CORI Release Form. •Please note the following statutory requirements for Directors and LLC Managers: On Premises (E.g.Restaurant/ Club/Hotel) Directors or LLC Managers - At least 50% must be US citizens; Off Premises(Liquor Store) Directors or LLC Managers - All must be US citizens and a majority must be Massachusetts residents. •If you are a Multi-Tiered Organization, please attach a flow chart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity.Every individual must be identified in Addendum A. Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No 2 5. CURRENT OFFICERS, STOCK OR OWNERSHIP INTEREST Transferor Entity Name license being transferred? List the individuals and entities of the current ownership.Attach additional pages if necessary utilizing the format below. Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership 55 PEARL INVESTMENT LLC / WHISKEY Member / Manager 55% Mehul Patel Member 40% Ravi Patel Member 5% Kevin P. O'Neill 14 Vine Brook Road, Lexington MA 02421 Manager / Member 100% Hitesh Patel Purchase 6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE necessary, utilizing the table format below. Yes No 6B. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE interest in a license to sell alcoholic beverages, which is not presently held? Yes No APPLICATION FOR A TRANSFER OF LICENSE 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST (Continued...) Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Additional pages attached? CRIMINAL HISTORY Has any individual listed in question 6,and applicable attachments,ever been convicted of a State, Federal or Military Crime? If yes, attach an affidavit providing the details of any and all convictions. Name License Type License Name Municipality Name License Type License Name 3 Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No PLEDGE OF ALCOHOLIC BEVERAGE LICENSE AGREEMENT This AGREEMENT entered into at Middlesex County as of the _____ day of April, 2025 between 55 Bedford Street LLC, a Massachusetts Limited Liability Company, with an address of 55 Bedford Street, Lexington, Massachusetts (the "Pledgor") and Leader Bank, N.A., a national banking association, at the principal office of Bank at 180 Massachusetts Avenue, Arlington, MA 02474 (the "Bank"). 1.Pledge. In consideration of the Bank's extending credit and other financial accommodations to the Pledgor, whether evidenced by notes or not, the Pledgor hereby, in accordance with Massachusetts General Laws, Chapter 138, grants, pledges, assigns and transfers to the Bank a security interest in the alcoholic beveragelicensemoreparticularly described as follows: Assignment of Alcoholic Beverage License issued to 55 Bedford Street LLC (the "License"). 2.Obligations. The security interest granted by this Agreement is given to and shall be held by the Bank as security for the payment and performance of all Obligations (as hereinafter defined), including without limitation, all amounts due and owing to the Bank and all obligations respecting (i) that certain Commercial Promissory Note, dated _________ 2025, by 55 Bedford Street LLC, LLC, a Massachusetts Limited Liability Company, in favor of the Bank in the original principal amount of Seven Hundred Forty Two Thousand Five Hundred 00/100 Dollars ($742,500.00) (the "Note"; and collectively, along with all other agreements, documents, certificates and instruments delivered in connection therewith, the "Loan Documents"), and any substitutions, modifications, extensions or amendments to any of the Loan Documents. "Obligation(s)" shall mean without limitation all loans, advances, indebtedness, notes, liabilities and amounts, liquidated or unliquidated, owing by the Pledgor to the Bank at any time, of each and every kind, nature and description, whether arising under this Agreement, any of the Loan Documents or otherwise, and whether secured or unsecured, direct or indirect (that is, whether thesame are due directly by the Pledgor to the Bank; or are due indirectly by the Pledgor to the Bank as endorser, guarantor or other surety, or as obligor of obligations due third persons which have been endorsed or assigned to the Bank, or otherwise), absolute or contingent, due or to become due, now existing or hereafter contracted. Obligations shall also include all interest and other charges chargeable to the Pledgor or due from the Pledgor to the Bank from time to time and all costs and expenses referred to in this Agreement. 3.Representations and Warranties. The Pledgor hereby represents and warrant to the Bank as follows: (i) the Pledgor has the power and authority to enter into this Agreement; (ii) the License is not subject to any prior lien or encumbrance, the Pledgor will not transfer, agree to or apply for a transfer or pledge of, or sell the License to any other individual or entity forso long asany Obligations are outstanding, without the prior written consent of the Bank; (iii) the Pledgor will pay when due all taxes, charges, liens and assessments against the License and the beverages authorized to be sold under the License; and the Pledgor will perform any and all acts required to keep the License in good standing, including filing timely applications of the renewal thereof, and will not suffer or permit the License to lapse; (iv) the Pledgor shall promptly report in writing to the Bank the occurrence of any event which might impair the value of the License, including, but not limited to, any action taken by any local or state regulatory agencies which in any manner restricts the use of the License; and (v) the Pledgor will comply withall applicable laws and regulations with respect to the License or its use. 4.Further Assurance. The undersigned agrees to do such further acts or execute such further documents asmay be determined necessary by the Bank to perfect the interest granted herein, including executing any application for approval of the pledge made pursuant to this Agreement. 5.Costs and Expenses. The Pledgor shall pay to the Bank any and all costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, litigation and other expenses) incurred or paid by the Bank in establishing, maintaining, protecting or enforcing any of the Bank's rights or the Obligations, including, without limitation, any and all such costs and expenses incurred or paid by the Bank in defending the Bank's security interest in, title or right to the License or in collecting or attempting to collect or enforcing or attempting to enforce payment of any of the Obligations. 6.Default. "Event of Default" shall mean the occurrence of any one or more of the following events: (i) default of any liability, obligation or undertaking of the Pledgor to the Bank, hereunder or otherwise, including failure to pay in full and when due any installment of principal or interest or default under any other Loan Document; (ii) failure of the Pledgor to maintain aggregate collateral security value satisfactory to the Bank; (iii) default of any material liability, obligation or undertaking of the Pledgor to any other party; (iv) if any statement, representation or warranty heretofore, now or hereafter made in connection with this Agreement or in any supporting financial statement of the Pledger shall be determined by Bank to have been false in any material respect when made; (v) if the Pledger or any guarantor is a corporation, trust, partnership or limited liability company, the liquidation, termination or dissolution of anysuch organization, or the merger or consolidation of such organization into another entity, or its ceasing to carry on actively its present business or the appointment of a receiver for its property; (vi) the death of the Pledger or of any guarantor of the Obligations and, if any of the Pledger or any guarantor of the Obligations is a partnership or limited liability company, the death of any partner or member; (vii) the institution by or against the Pledger or guarantor of the Obligations of any proceedings under the Bankruptcy Code, 11 USC §IO1 et seq. or any other law in which the Pledger or any guarantor of the Obligations is alleged to be insolvent or unable to pay their respective debts as they mature, or the making by the Pledger or any guarantor of the Obligations of an assignment for the benefit of creditors or the granting by the Pledger or any guarantor of the Obligations of a trust mortgage for the benefit of creditors; (viii) the service upon the Bank hereof of a writ in which the Bank is named as trustee of the Pledger or of any guarantor of the Obligations; (ix) a judgment or judgments for the payment of money shall be rendered against the Pledger or guarantor hereof,andanysuch judgment shallremainunsatisfied and ineffectforanyperiod of thirty (30) consecutive days without a stay of execution; (x) any levy, seizure, attachment, execution or similar process shall be issued or levied on any of the property of the Pledger or guarantor hereof; (xi) the termination of any guaranty of the Obligations; or (xii) the occurrence of such a change in the condition or affairs (financial or otherwise) of the Pledger or any guarantor or other surety for any of the Obligations or the occurrenceofanyevent or circumstance suchthat the Bank, in its sole discretion, deems that it is insecure or that the prospects for timely or full payment or performance of any of the Obligations has been or may be impaired. 7.Remedies. If an Event of Default shall occur, at the election of the Bank, all Obligations shall become immediately due and payable without notice or demand, except with respect to Obligations payable on demand, which shall be due and payable on demand, whether or not an Event of Default has occurred. The Bank is hereby authorized, at its election, after an Event of Default or after demand, without any further demand or notice except to such extent as notice may be required by applicable law, to sell or otherwise dispose of the License at public or private sale; and theBankmayalsoexercise any and all other rights and remedies of a secured party under the Massachusetts Uniform Commercial Code or which are otherwise accorded to it by applicable law, all as the Bank may determine. The proceeds of any sale or disposition of the License shall be applied towards the Obligations in such order and manner as the Bank determines in its sole discretion, any statute, custom or usage to the contrary notwithstanding. 8.Waivers. ThePledger waives notice of nonpayment, demand, presentment, protest or notice of protest of the Collateral, and all other notices, consents to any renewals or extensions of time of payment thereof, and generally waives any and all suretyship defenses and defenses in the nature thereof. No delay or omission of the Bank in exercising or enforcing any of its rights, powers, privileges, remedies, immunities or discretions (all of which are hereinafter collectively referred to as the "Bank's Rights and Remedies") hereunder or under applicable law shall constitute a waiver thereof; and no waiver by the Bank of any default of the Pledger hereunder or of any demand hereunder shall operate as a waiver of any other default hereunder or any other demand hereunder. No term or provision hereof shall be waived, altered or modified except with the prior written consent of the Bank, which consent makes explicit reference to this Agreement. Except as provided in the preceding sentence, no other agreement or transaction, of whatsoever nature, entered into between the Bank and the Pledger at any time (whether before, during or after the effective date or term of this Agreement) shall be construed in anyparticular wayas a waiver, modification or limitation of any of the Bank's Rights and Remedies under this Agreement (nor shall anything in this Agreement be construed as a waiver, modification or limitation of any of the Bank's Rights and Remedies under any such other agreement or transaction) but all the Bank's Rights and Remedies not only under the provisions of this Agreement but also under any such other agreement or transaction shall be cumulative and not alternative or exclusive, and may be exercised by the Bank at such time or times and in such order of preference as the Bank in its sole discretion may determine. 9.Severability. If any provision of this Agreement or portion of such provision or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Agreement (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affected thereby. 10.Binding Effect of Agreement. This Agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto. The Bank may transfer and assign this Agreement and deliver the Collateral to the assignee, who shall thereupon have all of the Bank's Rights and Remedies. 11.Notices. Any notices under or pursuant to this Agreement shall be deemed duly received and effective if delivered in hand to any officer or agent of the Pledgor or Bank, or if mailed by registered or certified mail, return receipt requested, addressed to the Pledgor or Bank at the address set forth in this Agreement or asanypartymayfrom time to time designate by written notice to the other party. 12.Governing Law. This Agreement is intended to take effect as a sealed instrument and has been executed or completed and/or is to be performed in Massachusetts, and it and all transactions thereunder or pursuant thereto shall be governed as to interpretation, validity, effect, rights, duties and remedies of the parties thereunder and in all other respects by the domestic laws of Massachusetts. 13.Jurisdiction and Venue. Pledgor irrevocably submits to the nonexclusive jurisdiction of any Federal or state court sitting in Massachusetts, over any suit, action or proceeding arising out of or relating to this Agreement. Pledgor irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. Pledgor irrevocably appoints the Secretary of State of Massachusetts as its authorized agent to accept and acknowledge on its behalf any and all process which may be served in any such suit, action or proceeding, consents to such process being served (i) by mailing a copy thereof by registered or certified mail, postage prepaid, return receipt requested, to Pledgor's address shown in this Agreement or as notified to the Bank and (ii) by serving the same upon such agent, and agrees that such service shall in every respect be deemed effective service upon Pledgor. 14.JURY WAIVER. THE PLEDGOR AND BANK EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING IN CONNECTION WITH THIS AGREEMENT, THE OBLIGATIONS, ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CAN NOT BE, OR HAS NOT BEEN WAIVED. THE PLEDGOR CERTIFIES THAT NEITHER THE BANK NOR ANY OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE BANK WOULD NOT IN THE EVENT OF ANY SUCH PROCEEDING SEEK TO ENFORCE THIS WAIVER OF RIGHT TO TRIAL BY JURY. Executed under seal and dated ___________, 2025. 55 Bedford Street LLC Witness: ______________________ _____________________________________ By: Manager 1 LEADERBANK,N.A. PROMISSORY NOTE SBA Loan Name 55 Bedford Street LLC Loan Amount $74 2,500 Note Date TBD SBA Loan Number 7161849103 SBA Guarantee Date 2/24/2025 For value received, 55 Bedford Street LLC (“Borrower”), with an address of 55 Bedford Street, Lexington, MA 02420 promises to pay to the order of Leader Bank, N.A., a national banking association (“Lender”), at the principal office of 180 Massachusetts Avenue, Arlington, MA 02474, or such other place as the holder thereof shall designate, the principal sum of: SEVEN HUNDRED FORTY TWO THOUSAND FIVE HUNDRED DOLLARS ($742,500) together with interest thereon, from the date hereof until 1 0 y e a r s f r o m t h e d a t e o f c l o s i n g ( t he “Maturity Date”). The interest rate on this Note will fluctuate. The initial interest rate is % per year. The initialrateistheWallStreet Journal PrimeRateineffect on thefirst business day of the month in which the Small Business Administration (“SBA”) received the loan application plus 1%. Beginning on May 1, 2025, and on the first day of each calendar quarter thereafter for the duration of the term of the Note, the interest rate shall be adjusted to 1% above the Wall Street Journal Prime Rate in effect on the first business day of the month (as published in the Wall Street Journal) in which any interest rate change occurs without further notice to Borrower. Such interest rates will be rounded to two decimal places with 0.004 being rounded down and 0.005 being rounded up. Interest shall be calculated on the basis of a 360-day year consisting of 12 months of 30 days each (“30/360 Basis”). If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. Based on the initial interest rate, Borrower must pay monthly principal and interest payments of $9,205.94 monthly beginning on May 1, 2025 and continue to make monthly principal and interest payments on the 1st day of each calendar month thereafter until the Maturity Date. The Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the Note. The borrower may prepay all or any portion of the unpaid principal balance due under this Note without any prepayment premium fee or charge. The Borrower may prepay twenty percent (20%) or less of the unpaid principal balance of the Note at any time without notice. If Borrower prepays 2 more than twenty percent (20%) of the unpaid principal balance of the Note and the Loan has been sold on the secondary market, Borrower must (a) give Lender twenty-one days (21) prior written notice of the prepayment; (b) pay all accrued interest as of the date of prepayment; and (c) if the Lenderreceives the prepayment less than 21 days from the date Lenderreceived the notice required above, pay an amount equal to 21 days’ interest from the date Lender received the notice, less any interest accrued during the21days andpaidunderitem (b)above. All remaining principal, interest and other charges not previously paid under the terms of this Note shall be due and payable on the Maturity Date, if not sooner due hereunder. For loans with a maturity date of greater than fifteen (15) years, a Subsidy Recoupment Fee will be assessed. When in any one of the first three years from the date of initial disbursement Borrower voluntarily prepays more than 25% of the outstanding principal balance of the loan, Borrower must pay to Lender on behalf of SBA a prepayment fee as follows: a. During the first year after the date of initial disbursement, 5% of the prepayment amount; b. During the second year after the date of initial disbursement, 3% of the prepayment amount; and c. During the third year after the date of initial disbursement, 1% of the prepayment amount. If any payment hereunder is not paid within ten (10) days of the date when due, whether on a stated due date or upon acceleration, the undersigned shall pay the holder a late payment charge equal to 5% of the overdue amount, payable on demand. Further, upon the occurrence of any Event of Default, as defined within this Note or any document associatedherewithandincludingbutnotlimitedtothefailuretopayprincipal,interest and/or other charges to the Lender when due (including acceleration, if any, after default), then at Lender’s sole option and discretion, the total balance of the Note may thereafter bear interest at a rateperannum equalto5%abovetherateofinterestotherwiseineffectatthetimeofsuchexercise hereunder, until the Note is repaid in full or otherwise agreed to by the Lender. This Note shall, at the option of the holder, become immediately due and payable without further notice or demand upon the occurrence of any of the following events (each, an “Event of Default”): (a)Failure to make any payment hereunder when due and such failure has not been cured within ten (10) days after written notice, provided that if the Lender has given two such notices in any twelve-month period under this subsection (a), then no further notice or cure period shall be provided under this subsection (a); (b)Failure for 90 days to discharge any attachment or levy on any property of any maker hereof; (c)Any warranty or representation made or furnished to the holder by or on behalf of any maker, endorser or guarantor hereof shall prove to have been false in any material respect when made or furnished; (d)Any other obligation of the maker or any endorser, guarantor or surety for this Note shall be in default or shall not have been paid when due following any applicable notice and cure 3 period, by acceleration or otherwise, or shall be declared to be due andpayable, or shall be required to be prepaid(otherthan by a regularlyscheduled prepayment), prior to the statedmaturitythereof; (e)Occurrence of any of the following withrespectto any maker, endorser or guarantor hereof: admission in writing of his or its inability, or be generally unable, to pay his or its debts as they become due, death, dissolution, termination of existence, cessation of normal business operations, insolvency, appointment of a receiver of any part of the property of, legal or equitable assignment, conveyance or transfer of property for the benefit of creditors by, or the commencement of any proceedings under any bankruptcy or insolvency laws by or against, such person; provided however, in the case of the commencement of any such proceedings against such person, such person shall have thirty (30) days from the date of the commencement of such proceedings to dismiss such proceedings provided, however, the death or legal incapacity of a guarantor shall not constitute an Event of Default provided that Lender shall have received a guaranty from a replacement guarantor satisfactorytoLenderinits sole discretionwithinthirty(30) days following the death or legal incapacity of such guarantor; (f)Failure by Borrower or any guarantor as may be required to deliver to the Lender on an annual basis, within 120 days of the close of each calendar year or otherwise upon the reasonable request of the Lender, financial reports in form satisfactory to the Lender, including without limitation, a current financial statement in form satisfactoryto the Lender fortheBorrower and each guarantor (with the financial statement for Borrower due within 120 days of the close of eachfiscalyear),andwithin 45 days of filing or otherwise upon the reasonablerequest of the Lender, a copy of the most recently filed Federal Income Tax Return for Borrower and each guarantor; or (g)The occurrence of an event of default, after any applicable notice and cure period, under any other loan document provided in connection herewith. Any deposits or other sums at any time credited by or due from the holder to any maker, endorser or guarantor of this Note, and any securities or other property of any such maker, endorser or guarantor at any time in the possession of the holder may at all times be held and treated as collateral for the payment of this Note and the payment and performance of any and all other obligations, (direct or indirect, absolute or contingent, sole, joint or several, due or to become due, now existing or hereafter arising) of any such maker to the holder. Regardless of the adequacy of collateral, the holder may apply or set off such deposits or other sums against such obligations, at any time in the case of makers but only with respect to matured obligations in the case of endorsers and guarantors. Every maker, endorser or guarantor hereof hereby waives presentment, demand, notice and protest and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement hereof or with any collateral, and assents to any extension or postponement of the time of payment or other indulgence under this Note or with respect to any collateral, and to any substitution, exchange or release of collateral, or the discharge of any party primarily or secondarily liable hereon. No delay or omission on the part of the holder in exercising any right hereunder shall operate as a waiver of such right or any other right hereunder, and a waiver of any such right on one occasion shall not be construed as a bar to or waiver of any such right on any future occasion. This Note is secured by any and all collateral at any time granted to Lender to secure any obligations of any maker hereof. In the event this Note is signed by more than one person, all obligations hereunder shall be joint and several. 4 The Lendermay, without notice to or consent of any person (including without limitation Borrower or any guarantor), sell, assign, grant a participation in or otherwise dispose of all or any portion of this Note and all other loan documents related thereto. In connection with this, the Lender may disclose to a prospective purchaser, assignee, participant, or transferee any information possessed by the Lender relating to this loan and the collateral securing the loan. Every maker, endorser, and guarantor hereof agree, jointly and severally, to pay on demand all costs and expenses (including legal costs and attorneys' fees) incurred or paid by the holder in enforcing this Note. This Note shall be governed by the State or Commonwealth laws of Massachusetts and shall take effect as an instrument under seal. However, when SBA is theholder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state of local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. Borrower: 55 Bedford Street LLC By: _______________________________ By: _________________________________ Name: _____________________________ Name: _______________________________ Title: _____________________________ Title: ________________________________ AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion: Letter of Support for the Municipal Empowerment Act PRESENTER: ITEM NUMBER: I.3 SUMMARY: Category: Discussion The Board will discuss a draft letter of support to the state delegation regarding the Governor’s recently re- filed Municipal Empowerment Act. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 7:25pm ATTACHMENTS: Description Type MEA Letter Backup Material April 28, 2025 Dear Representative/Senator __________: On behalf of the Lexington Select Board and the Town of Lexington, I am writing to ask that you support the Governor’s refiled Municipal Empowerment Act. Initially filed in 2024, this bill addresses many of the challenges facing the Town of Lexington – from curing double pole-blight to procurement law updates, enhanced local-option revenues, recalibrated school financing terms, and embracing regional services. The tools in this bill will create greater efficiencies, reduce redundancies, and raise funds for critical projects in all municipalities, including our own. I urge you to support the full bill, particularly the following provisions. Local Option Taxes: I urge you to support the option for cities and towns to increase local meals taxes or lodging taxes and the ability to implement a local option motor vehicle excise surcharge. Though not every municipality will take advantage of these options, the flexibility gives cities and towns the opportunity to examine what fiscal mechanisms may be most appropriate for their residents and businesses. Procurement Updates: The procurement updates in the Governor’s proposal will make it easier for municipalities to provide the best services by easing and clarifying processes during a time of municipal staffing shortages. These include: equalizing Ch. 30B thresholds for advertised procurements to $100K for all municipal purchasing; clarifying cooperative purchasing language to make it easier for municipalities to select multiple vendors to fulfill an RFP; and removing the requirement to post certain contracts on COMMBUYS. Municipal Governance & Fiscal Management: There are numerous provisions in the Governor’s proposal that will make it easier for municipalities to carry out their necessary functions, ensure cities and towns can provide the best services and resources to residents, and better address long-term fiscal challenges, including: - the ability to increase the maximum bond term for school projects from 30 to 40 years, which better aligns with the useful life of the projects and helps ease the pressure of rising costs. - establishment of a new Other Post-Employment Benefits (OPEB) Commission to take a fresh look at opportunities to address unfunded liabilities from non-pension employee benefits is a critical first step in tackling what has become the largest unfunded liability on most municipalities’ books. - a local option, means tested property tax exemption for qualifying seniors, which offers towns and cities a new tool for managing the inherent tension between increasing demand (and cost) for services and some seniors’ ability to pay, when their assets exceed their income. I ask that you support this legislation, which will give cities and towns across the Commonwealth the tools we need to best serve our residents. Sincerely, Steve Bartha Lexington Town Manager AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion: Worthen Road School Safety Zone - This Item will be rescheduled to a future agenda PRESENTER: ITEM NUMBER: I.4 SUMMARY: This Item will be rescheduled to a future agenda Staff from Planning & Engineering are preparing materials for this discussion (in response to concerns raised in January by the Bicycle Advisory Committee), and have requested that this item be delayed until one of the May meetings. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Level 3 Electric Vehicle Charging Rates for NStar Lot PRESENTER: Maggie Peard, Sustainability & Resilience Officer ITEM NUMBER: I.5 SUMMARY: Category: Decision-Making SUGGESTED MOTION: Motion to approve/disapprove a flat rate of $0.45 per kilowatt-hour for charging at Town-managed Level 3 EV charging stations with a $1.00/minute idle fee after a 10 minute grace period for cars parked at the stations for more than 2 hours. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/28/2025 7:40pm ATTACHMENTS: Description Type Level 3 Charging Rate Backup Material To: Select Board From: Maggie Peard, Sustainability & Resilience Officer Date: April 16, 2025 Re: Level 3 Electric Vehicle (EV) Charging Station Rate Approval After two discussions with the Board around setting a rate for public Level 3 electric vehicle charging stations, Town staff request a vote from the Board to approve the rate structure below. This rate structure will serve as a starting point and can be adjusted based on the analysis of usage, cost, and revenue data once the station is operational. Proposed Rate Structure Flat rate of $0.45/kWh. Idle fee: $1.00/minute after a 10-minute grace period for a car that has been parked for more than 2 hours. This idle fee would NOT be conditional on there being a car charging at the other port. Note: The ports will be limited to a max charging rate of 100 kW to avoid demand charges from Eversource. If we see that this modification is significantly increasing charging times, we can reexamine the limit.