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Home My WebLink About2019-11-04 BOS Packet - Released SELECTMEN'S MEETING Monday, November 4, 2019 Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room 6:00 PM AGENDA EXECUTIVE SESSION 1. Exemption 3: Collective Bargaining Up d ate: DPW Union 6:00 p.m. 2. Exemption 6: Purchase, Sale, Lease of Real Estate - Historical Society Parking 6:0 5 p.m. Parcel- Edison Way 3. Exemption 6: Purchase, Sale, Lease of Real Estate - Lease for Munroe Center for 6:20 p.m. the Arts 4. Exemption 4: Strategy with Respect to Security- Cyber Security Insurance 6:35 p.m. PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 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 Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Police Station Design and Fire Station Projects 7:00 p.m. 2. Discuss Hosmer House Relocation 7:20 p.m. 3. WestMetro HOME Consortium Sub-Recipient Agreement 7:35 p.m. 4. Joint Meeting- Board of Selectmen and Housing Partnership Board 7:40 p.m. . Presentation on Chapter 40R & Chapter 40S - Smart Growth Districts 5. Grant of Location for Verizon Pole: Lincoln Street- Continuation of Hearing 8:10 p.m. 6. Presentation- 2019 S T M Article 6 -Amend Zoning Bylaw to Restrict Automatic 8:15 p.m. Teller Machine as Principal Use in the Center Business D is tric t 7. 186 Bedford Street Memorandum Of Understanding 8:25 p.m. 8. 2019 Special Town Meeting-Article Positions/Discussion 8:35 p.m. 9. Approve C o llec tive Bargaining Agreement- Fire Union 8:4 5 p.m. 10. Future Meeting Dates 8:50 p.m. 11. Consider Resolution in Support of House Bill 2849/ Senate Bill 1940 -Act For 8:55 p.m. Utility Transition to Using Renewable Energy 12. Selectmen Committee Appointments 9:05 p.m. 13. Accept the Terms of the Emily and Frank S middy Scholarship Fund 9:10 P.M. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letter- Gabriel Denton 2. Approve One-Day Liquor License ADJOURN 1. Anticipated Adjournment 9:20 p.m. A Board of Selectmen meeting will be held on Tuesday, November 12, 2019 at 6:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Ley6edil"a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on Police Station Design and Fire Station Projects PRESENTER: ITEM NUMBER: Mike Cronin, Director of Facilities & Tecton Architect I.1 SUMMARY: Tectron and Mike Cronin, Director of Public Facilities will be making a presentation updating the Board on the Fire Station Project and the Police Station project. SUGGESTED MOTION: No motion necessary. This is an update only. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 7:00 p.m. ATTACHMENTS: Description Type I I w wwv 1 I I r , / lA r � r , yr r r/ r I I III' r I „ /, /� //o%i,,,/ / /r%/U r,✓ I f/ /a,i�%i%/iii��iiij�r i �l/�';, `� `' Iw"V��I I II� 61 I f r, r I � I r I r/r ✓i%; ;' �/ 11 t l/°' 1'' I �' / I i I r. r l I r I � r f 1 H 1 VI I {r.� i r r/ /,,,, / ,, r,„ ,/./, ,,, rc-,.. r ,,,c, rii;./; �fi/r/ir ✓r. ,ri,.:,ri�rr tact/// �.: ,. I r/ ,, / ;rc.c r/ ,.<: /):. .:/i,r / ,,o-c,�.. ,r,,, �r 1:,/1ri,F c:' r ✓?/,/l,. 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f 1 H 1 VI I {r.� i r r/ /,,,, / ,, r,„ ,/./, ,,, rc-,.. r ,,,c, rii;./; �fi/r/ir ✓r. ,ri,.:,ri�rr tact/// �.: ,. I r/ ,, / ;rc.c r/ ,.<: /):. .:/i,r / ,,o-c,�.. ,r,,, �r 1:,/1ri,F c:' r ✓?/,/l,. Ir l frfiri .,GBH u.r r r"/..,,r,r,/rrl.//�ir„,...� r, /. r o✓..,.,i/ r,,,r..r�.r,,/,,:. i /,o; /f r..,/ /,.., J...y r.. r/i r.�r ..� r:.,..✓,/.////rrr. .,,. � / t I,oa� /it,,,,cl, ,.. „/I ✓ � 1r11.�. �,,rr�I II,�. .,,,,. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Hosmer House Relocation PRESENTER:TER• ITEM S NUMBER: Jim Malloy, Town Manager I.2 SUMMARY: The Board is aware of the discussions that have taken place regarding relocation of the Ho s mer House, I am recommending that we put together a working group with representatives from L exH ab, D P F, the Town Manager, a member of the Board of Selectmen, CPA Committee and HD C. I've had some discussions with these groups regarding the proposal to move the house to Vine Street and there seems to be initial interest and if we are going to move it, the move should occur before the Police S tatio n project begins (and preferably F letc her Park and the parking lot get realigned before construction since we'll be losing spaces behind the Police Station during construction and we could make them up with the parking lot realignment). As a goal, I believe this working group could hold a couple of meetings, including one with the neighb o rho o d (since there were objections to the last proposal for a larger, affordable housing project) and report back to the Board in either December or January with some direction and an estimated cost to move the house for consideration at the Annual Town Meeting. SUGGESTED MOTION: Move to c re ate a working group to include a member of the Board of Selectmen, a representative from LexHab, a member of the CPA Committee, a member from the Historic District Commission, the Director of Public Facilities and Town Manager to review a potential relocation option for the H o s mer House. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 7:20 p.m. ATTACHMENTS: Description Type F) Fletcher fark. Cbver erno ,,11,i"^lN s li R a wi;fi` ' v a rr / ; r�Yl r w P. I` u , ' x 5 , e LU 52 l Us— it uj M r r a�,rw�a �+r�"iiw it 4wy �`%�irv✓// i�� ,w a w��wva,rwum,.�w•�, d W , r us I � • n� d. • n � r • I k yr M • w v a 41 r/ v� �w,c • / lei LU 4014 l y, �c u o a ��. ry in'Ar� r6X is � iu n wa 6 z,adr�w`Y-R iq nppp�i 9 4 A AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: WestMetro HOME Consortium Sub-Recipient Agreement PRESENTER:TER• ITEM S NUMBER: Liz Rust I.3 SUMMARY: Attached please find the agreement between the Town of Lexington and the West Metro HOME Consortium. This is a standard agreement that continues services. SUGGESTED MOTION: Move to approve the HOME Sub-Recipient Agreement as attached and further to authorize the Town Manager to execute the agreement. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 7:35 p.m. ATTACHMENTS: Description Type Befford WESTMETRO HOME CONSORTIUM Natick Belmont Needham Brookline City of Newton, Representative! Member Newton Concord 1000 Commonweafth Avenue Sudbury Framingham Waltham Lexington Newton, MA 02459-1449 Watertown (617) 796-1125 Wayland' September 18, 2019 To all WestMetro HOME Consortium Members Re: HOME Sur ecipi'ent Agreements Dear Consortium Members, The enclosed agr ments incorporate a combination of feedback and'' comments recei d by Newton's Legal Department and Member Communities following creation of the FY19 HOME Subr iplent Agreements. Overall,the Agreements set forth the terms and conditions under which each Member Community becomes the subreciplent of HOME funds, as well as outline the General Provisions and' processes by which,funds may be sub-awarded. It is Important to note that Schedules A and B are specific to each Member Community based on the projects, programs and available resources outlined in the, HM20 Annual Action Plan. Please review and execute all three original coplies of the enclosed agreement within four weeks and return all to my attention.Additionally,, please note the Directions detailed on the Yellow Sheet,which provides essential information, for the streamlined execution of your FY20 HOMES ubrecilpient Agreements. You can request electr nic copies of all forms. Once executed, we will return one fully executed agreement back to you to maintain in your files. Should you have any questions or concerns, please do not hesitate to reach out at either(617) 796-1125 or rpowel:L@n..e,wtonma.gov. Thank you all for your patience and attention to this matter. Rachel Powers, Community Development & HOME Program Manager CC: Eamon Bencivengo, Housing Development Planner Contract#M2006 Project No. HM20-12A/ HM20-126 AGREEMENT FOR THE EXECUTION OF THE WESTMETRO HOME CONSORTIUM HOME INVESTMENT PARTNERSHIPS PROGRAM This AGREEMENT, hereafter referred to as the "AGREEMENT", is made and entered into this day of by and between the CITY OF NEWTON, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as "the CITY", acting by and through its Director of Planning and Development or his/her designated staff, but without personal liability to him/her, or his/her staff, acting as lead entity for the WestMetro HOME Consortium (hereinafter the "Representative Member"), and the Town of Lexington (hereinafter the "Member Community" or "Member Community and Subrecipient"), a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts. WITNESSETH WHEREAS, the Towns of Bedford, Belmont, Brookline, Concord, Lexington, Natick, Needham, Sudbury, Watertown and Wayland, and the Cities of Framingham, Newton and Waltham have been jointly designated as a Participating Jurisdiction by the U.S. Department of Housing and Urban Development (hereinafter "HUD") for purposes of receiving HOME Investment Partnership (hereinafter"HOME") (CFDA 14.239), Program funds in the name of the WestMetro HOME Consortium under provisions of Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended(42 U.S.C. 12701 et seq.) (hereinafter the"National Affordable Housing Act"); and WHEREAS the CITY is the Representative Member of the Consortium under the provisions of the Mutual Cooperation Agreement (MCA) dated June 26, 2013, as amended, by and between the municipalities of the WestMetro HOME Consortium (hereinafter referred to as the "Consortium"); and WHEREAS, the Representative Member has entered into an Agreement for a Home Investment Partnerships Program (hereinafter "HUD Agreement") with the U.S. Department of Housing and Urban Development (hereinafter "HUD"); and WHEREAS, the WestMetro HOME Consortium has adopted a Consolidated Plan for Program Years 2016-2020 (hereinafter the "Consolidated Plan") and FY20 Annual Action Plan (hereinafter the "Action Plan"); and WHEREAS, it is the purpose of this Agreement to affect a specified portion of the program approved by the HUD Agreement in accordance with the policies expressed by and declared in the National Affordable Housing Act; and WHEREAS, pursuant to said purpose the Member Community is undertaking certain activities and desires to engage the Representative Member as the Administrative Agent to render certain assistance in such undertakings; and 1 Contract#M2006 Project No. HM20-12A/ HM20-126 WHEREAS, this Agreement sets forth the terms and conditions under which the Member Community will become the recipient of said funding; NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties mutually agree as follows: GENERAL PROVISIONS 1. REGULATORY FRAMEWORK. The provisions of 24 CFR Part 92, HOME Investment Partnerships Program (hereinafter "HOME Program regulations"), and all subsequent amendments and revisions to the same, as well as the existing Mutual Cooperation Agreement in effect amongst the WestMetro Home Consortium, are hereby incorporated into and made a part of this Agreement. The Member Community and subrecipient shall at all times comply with said HOME Program regulations, and with other related Federal and State statutes and regulations, Executive Orders, 2 CFR Part 200, and all subsequent revisions and amendments to the same. Further, the Member Community and subrecipient shall become familiar with all of the foregoing requirements as applicable and shall ensure that the project complies in all respects. 2. CONSORTIUM ADMINISTRATION. The Consortium Council (Council) is the governing group of the WestMetro HOME Consortium (Consortium). The Council is comprised of the chief planning official or his/her designee from each Member Community, or if no such planning official exists, the chief elected official or his/her designee from each Member Community. The Council and the Representative Member, which is the City of Newton, shall meet at least quarterly or more often if requested by the Council or the Representative Member to decide issues of policy and procedure. Irrespective of the number of formally authorized Member Designees, each Member, not including the Representative Member, gets one vote on the Council. The Representative Member may only vote to break a tie. 3. PROJECT AND AMOUNT. The CITY agrees to provide the Member Community a sum of HOME Program funds as stated within Schedule A, Funding Amount and Project Budget, attached hereto and made a part hereof, and for the purposes described in Schedule B, HOME Project, subject to compliance by the Member Community with all terms and conditions as set forth within the Agreement, the Mutual Cooperation Agreement and WestMetro HOME Consortium Guidelines. 4. FINANCIAL AND MANAGEMENT STANDARDS. The Member Community agrees that expenditures under this agreement shall be limited to those eligible costs directly related to the implementation of this HOME Project consistent within 2 CFR Part 200, as outlined in Schedule A,Funding Amount and Project Budget. The Member Community shall also comply with standards for the financial record keeping and management systems applicable as described in Schedule D, Release and Processing of HOME Project Funds and Schedule E, Financial Management, herein. 5. DURATION. This Agreement is made as of the date first written above, effective upon the date of signing by the City and the Member Community and shall be binding until the 2 Contract#M2006 Project No. HM20-12A/ HM20-126 Performance Completion Date stipulated in Schedule C,Work Program and Schedule,attached hereto and made part hereof, unless amended in writing by all parties 6. ENVIRONMENTAL REVIEW. The release of funds for all HOME-assisted projects and activities is subject to environmental review as set forth in HOME Program regulation 24 CFR 92.352. • No Choice-Limiting Actions. Member communities and subrecipients are prohibited from undertaking or committing any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. Violation of this provision may result in the denial of any funds under the Agreement. 7. LEAD- BASED PAINT. Each Member Community and Subrecipient is also responsible for ensuring that all programs and activities comply with applicable requirements of the Lead- Based Paint Poisoning Prevention Act, 42 U.S.C. 4821, et. seq.; Residential Lead-Based Paint Hazard Reduction Act of 1992; implementing regulations at 24 CFR Part 35 and all future revisions and amendments to the same. The Member Community and Subrecipient shall also ensure that this project complies with such Lead-Based Paint regulations as may be adopted pursuant to HOME Program regulations and with the requirements of the Massachusetts Lead Paint Statute,M.G.L. c.111, §§190-199A and all future revisions and amendments to the same. 8. TERMINATION OF AGREEMENT FOR CAUSE. In accordance with 2 CFR 200.339 through 200.342, if, through any cause, the Member Community shall fail to fulfill in a timely manner all obligations under this Agreement, or shall cause Project funds to be inappropriately expended, or if the Member Community shall violate any or all of the provisions of this Agreement, or refuses to accept conditions imposed by HUD through CITY regulations and directives as administered by the CITY, the CITY shall thereupon have the right to terminate this agreement by written notice to the Member Community of such termination specifying the effective date thereof at least five (5) days before the effective date of such termination. • The CITY as Representative Member may suspend current or future funds from Member Communities out of compliance with HOME Requirements until the matter is resolved. 9. TERMINATION OF AGREEMENT DUE TO LACK FEDERAL FUNDING. In the event that funds are not made available to the CITY by HUD, the CITY shall notify the Member Community in writing as soon as possible of such development. This shall include any event where HUD determines that an activity or activities under this Agreement are deemed ineligible and therefore should not continue to be funded. Subsequently, the CITY shall meet with the Member Community to determine an appropriate termination date relative to the cessation of HOME funds for the Agreement or any portion thereof, and to resolve any matters associated with such termination including,but not limited to: final financial settlement and related matters. Following said meeting, the CITY shall confirm the termination date and any conditions of termination in writing to the Member Community. The Member Community shall be rendered payment for such costs as authorized and accepted by the CITY under the provisions of this Agreement and as determined to be allowable within the final financial settlement based on such available remaining funds as may be available up to the cessation of federal HOME funding. The Member Community understands and agrees that the CITY 3 Contract#M2006 Project No. HM20-12A/ HM20-126 assumes no obligation for payment of any cost under this Agreement, regardless of date incurred, unless identified during the Project closeout process and incorporated in the final financial settlement. 10. EXCLUSIVE USE PERIOD. The Member Community shall have exclusive use of its respective annual HOME allocation, for a total of 12 months which is defined as the Exclusive Use Period. The Exclusive Use Period starts the date the Representative Member confirms in writing to the Member Community that funds are available to be drawn down from the U.S. Treasury. Any HOME funds that are not committed by the Member Communities to eligible HOME Projects after 12 months shall be transferred to the Competitive Funding Pool by the Representative Member for use by any Consortium Member through a Request for Proposals (RFP) process. All transferred funds are referred to as Relinquished Funds. • A Member Community may request an extension beyond the Exclusive Use Period, consistent with the HOME Program Administrative Guidelines,under certain extenuating circumstances if that Member Community is unable to commit its HOME allocation within 12 months. • Administrative funds and Program Income are not subject to the Exclusive Use Period and are not relinquished to the Competitive Funding Pool. 11. REPAYMENT OF FUNDS.Upon determination by the CITY that the Member Community and Subrecipient has failed to comply with any portion of the terms of this Agreement, and in particular has inappropriately expended HOME funds, the CITY may take such steps as necessary, in order to protect its ability to fulfill its obligations to HUD, including but not limited to legal action,to recapture funds already released to and/or expended by the Member Community. 12. AUDIT. Member Community shall comply with 2 CFR 200.5 01, including completion of a single audit if required, as described in Schedule E, Financial Management, attached hereto and made a part hereof. 13. MONITORING. In compliance with 2 CFR 200.328 and 200.330, the CITY shall periodically evaluate the performance of the Member Community and may make a determination as to whether the Member Community has conformed with this Agreement and has a continuing capacity to carry out the HOME-assisted Project activities in a timely manner. At any time during normal business hours and as often as the CITY, HUD, and/or the Comptroller General of the United States may deem necessary, Member Community shall make available all such records and documents as requested by said parties for audit and/or monitoring. The CITY, HUD, and/or the Comptroller General may examine and make copies of such records and may audit all contracts, procurement records, invoices, materials,payrolls,personnel records, conditions of employment, and all documents relating to all matters covered by this Agreement. 14. CONFLICT OF INTEREST. In accordance with HOME Program Regulation §92.356, the procurement of services by the CITY and the Member Community is governed by the conflict of interest provisions stated in 24 CFR 92.356 and 2 CFR 200.318. The Member Community shall comply with all applicable federal and state conflict of interest rules and 4 Contract#M2006 Project No. HM20-12A/HM20-12B ensure compliance with the same by all subrecipients or other persons designated to receive HOME funds pursuant to this Agreement. 15. NON-DISCRIMINATION LAWS AND REGULATIONS. The Member Community shall comply with HOME Program regulation 24 CFR 92.350 and all applicable federal, state and local laws governing discrimination and equal opportunity. 16. FAIR HOUSING. The Member Community shall affirmatively further fair housing in accordance with the Fair Housing Act, the WestMetro HOME Consortium Affirmative Marketing Plan for the City of Newton and HOME Program regulation 24 CFR 92.351. Each Member Community and Subrecipient must ensure that affirmative marketing procedures are followed for all HOME-funded programs containing 5 or more HOME-Assisted Units. Further, the Member Community will participate in the completion of the Analysis of Impediments to Fair Housing Choice (AI) as required by its obligation to engage in fair housing planning in connection to the receipt of the Federal funds outlined herein. 17. LIENS. The Member Community represents that any property benefiting through installation or construction of improvements as part of the HOME Project is free from any attachments,tax liens,mechanics'liens or any other encumbrances other than those approved by the Member Community 18. DISPLACEMENT AND RELOCATION. In accordance with HOME Program regulation 24 CFR 92.353, Displacement, Relocation and Acquisition, the Member Community shall assure that all reasonable steps to minimize the displacement of persons as a result of this Project have been taken. 19. LABOR STANDARDS/ SECTION 3. The Member Community shall comply with and/or ensure compliance with all applicable state and federal labor laws and regulations, including but not limited to the Davis/Bacon Act, 40 U.S.C. 276a-5 et. seq., as applicable pursuant to the HOME Program regulation 24 CFR 92.354. Davis-Bacon Labor Standards apply to any contract involving the construction of 12 or more HOME-assisted units. The Member Community shall require contracts for all types of work performed in connection with project funds that exceed$100,000 to adhere to the requirements of Section 3 as outlined in 24 CFR 135 and Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 17010. 20. DISCLAIMER. It is agreed that the Member Community and Consortium will hold the CITY harmless from any latent or patent defects in any work performed or services provided pursuant to the HOME Project or from any claims arising therefrom. 21. ASSIGNABILITY. The Member Community shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation)without the prior written consent of the CITY hereto. As apass-through entity,the Member Community is responsible to ensure the execution and enforcement of a written agreement consistent with the provisions set forth in 24 CFR 92.504 (c) (2), (c) (3) and (c) (4). 5 Contract#M2006 Project No. HM20-12A/ HM20-126 22. REVERSION OF ASSETS. In accordance with HOME Program regulations at 24 CFR 92.503 and 92.504 (c), upon expiration or termination of this agreement, the Member Community must return any HOME Program funds on hand as well as any accounts receivable attributable to the use of HOME funds to the CITY. If the Consortium dissolves, HOME funds and receivables are to remain in the custody of the Member, unless otherwise provided by HUD. However, if a Member Community decides to leave the WestMetro HOME Consortium, then the Member Community concedes their allocation, Program Income and unspent funds,but must continue all monitoring and compliance responsibilities of all community attributed projects and programs throughout the duration of their respective affordability period(s). 23. LOBBYING PROHIBITED. HOME funds shall not be used by the Member Community for publicity purposes as provided and limited by 2 CFR 200.450. 24. FAITH-BASED ORGANIZATIONS. In accordance with 24 CFR 92.257, the Member Community may not engage in inherently religious activities or discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief as part of this Agreement unless the activities are offered separately, in terms of time or location, from HOME funds and activities. 25. OWNERSHIP, USE, AND DISPOSITION OF PROPERTY. The Member Community shall comply with all applicable provisions as stated within Schedule E, Financial Management, as attached hereto and made a part hereof. 26. INSURANCE AND LIABILITY. HOME-Assisted projects shall be insured at all times and in such amounts as deemed reasonable and prudent in accordance with standard construction practices and in compliance with Schedule F herein. To the extent permitted by law, the CITY and the Consortium shall not be liable for claims for damages or losses arising out of the performance of this Agreement by the Member Community, its employees, officers, or agents and the Member Community shall indemnify and hold harmless the CITY and the Consortium, its employees, officers, and agents from all such claims arising under this agreement. 27. DEBARMENT AND DISCLOSURES. In accordance with 2 CFR 200.213, the Member Community is subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. 28. CHANGES. The CITY may from time to time require changes in the HOME Project and/or its implementation. Such changes, including any increase in the Project Amount, and/or increase in the duration of the Agreement, which are mutually agreed upon shall be incorporated in written amendments to this Agreement. However, the CITY reserves the right to (a) reduce funds for cause as determined fairly and reasonably by the CITY upon written notice at least Thirty (30) days before the effective date of such reduction; or (b) reduce the funds due to a decrease in federal funds received by the CITY. 6 Contract#M2006 Project No. HM20-12A/ HM20-126 • Cause can include, but is not limited to, failure to comply with this agreement; an Annual Action Plan; the Comprehensive Checklist; a HOME Program or other HUD regulation or finding; and/or failure to cooperate with any other Member, Representative Member or the Consortium in complying with a HUD finding. The Member Community must also follow Substantial Amendment procedures as set forth in Schedule A. 29. OPPORTUNITY TO CURE OR DISPUTE VIOLATIONS AND/OR FUNDING RESTRICTIONS • Opportunity to Cure. As noted in Section 27, the Representative Member shall provide written notice to a Member Community of funding reductions, violation of any provisions of this agreement, or applicable HUD regulations. The notice shall set forth a description of the cause and/or violation, the steps which shall be taken to cure the cause and/or violation and a reasonable time established by mutual consent of the parties within which to effect the cure. However, if the parties are unable to agree to a deadline for full compliance, the Representative Member shall establish said deadline. The Representative Member may extend the time for cure if the Member proves its failure to cure was for circumstances beyond its control. • Disputing a Violation. If the Member and Representative Member disagree as to whether cause and/or a violation has occurred, either may request HUD's determination of whether a violation exists. The Member Community disputing the Representative Member's finding may spend the subject funds, subject to repayment, unless the Representative Member chooses to withhold the funds. • Legal Recourse. If any Member, including the Representative Member acting in its Member capacity, fails to comply with this Agreement and/or any of the aforementioned causes, the Representative Member or any other Member Community may take any steps necessary to fulfill its obligations to HUD and under this Agreement, including but not limited to legal action. • Indemnification for Violations. Each Member Community shall hold harmless and defend the Representative Member, the Consortium and the other Member Communities from and against all claims for repayment of HOME Project funds attributable to such Member Community's failure to comply with applicable HUD regulations, this Agreement, or any Annual Action Plan or the Comprehensive Checklist, and from penalties, costs and attorneys' fees related to such failure. 30. BONUS PROHIBITED. It is agreed that the Member Community and Subrecipient will not pay bonus, commission or fee for the purpose of obtaining a CITY award of the HOME funds or approval of the Project financed with HOME funds. The Member Community is prohibited from charging servicing, origination and/or other fees for the costs of administering the HOME Program, except as permitted by 24 CFR Part 92.214 (b) (1). 7 Contract W2006 Project No. HM20-12A/ HM20-126 31. OTHER PROVISIONS. In accordance with 2 CFR 200.3 00, the Member Community is responsible for complying with all requirements of the Federal award including the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. All other provisions, if any, are set forth within the following schedules attached hereto and made a part hereof as listed below under "Attachments." ATTACHMENTS. Attached hereto are the following schedules which are incorporated into this Agreement and made a part hereof: Schedule A—Funding Amount and Project Budgets Schedule B—HOME Projects Schedule C—Work Program and Schedule Schedule D—Release and Processing of HOME Funds Schedule E— Financial Management Schedule F— Insurance Schedule G— Certificate of Execution and Chief Executive Certification Schedule H - Forms • Fair Housing and Equal Opportunity Report • Part 200 Subpart F Single Audit Certification • FFATA Form (for contracts over$30,000) • WestMetro HOME Consortium Requisition Form • Amendment to Annual Action Plan(s) • FY20 HOME Income Limits • FY20 HOME Rents • 2019 Maximum HOME per unit Subsidy Amounts and Basic Statutory Mortgage Limits for Multifamily Housing Programs • WestMetro HOME Consortium Construction Standards • WestMetro HOME Consortium Program Administrative Guidelines SIGNATORIES 8 Contract#M2006 Project No. HM20-12A/ HM20-126 IN WITNESS WHEREOF, the parties hereto have made this Agreement in triplicate as of the day first written above and made binding upon signature by Her Honor, the Mayor of the City of Newton, Middlesex County, Massachusetts. MEMBER COMMUNITY/SUBRECIPIENT DESIGNEE BY: Name /Title Date Approved as to form only, not substance (optional) BY: Legal Counsel CITY OF NEWTON—DEPARTMENT OF PLANNING AND DEVELOPMENT BY: Director of Planning and Development I certify that federal HOME funds are available for this Agreement for Project #HM20- 12A in the amount of$3,3 05.00 within Account#16002020 571500 and Project#HM20- 12B in the amount of$33,060.00 within Account#16002020 579700 per HUD Letter of Credit No. 8600B030, Grant No. M19-DC250213 in the Amount of$1,431,246.00 BY: Comptroller of Accounts Approved as to legal form and character: BY: Assistant City Solicitor Contract Approved BY: Mayor /Date 9 Contract#M2006 Project No. HM20-12A/ HM20-126 SCHEDULE A FUNDING AMOUNT AND PROJECT BUDGET(S) 1. AMOUNT OF FUNDS. The CITY hereby agrees to provide HOME Program funds to the Town of Lexington, (the Member Community) in the amount of Thirty-six Thousand, Three Hundred and Sixty-five Dollars (36,365.00) said amount to be subject to the terms of this Agreement and as set forth within Schedule A herein. 2. PROJECT BUDGET. a. While it is understood that the overall program budget for the subject program may be derived from a variety of funding sources assembled by the Member Community, the CITY and the Member Community agree that the HOME Program Project budget shall consist of and be limited to the following object(s) of expenditure: ITEMS BUDGET Rental Housing (See description in Schedule B) $33,060.00 Lexington HOME Administration $ 3,305.00 TOTAL FUNDS $36,365.00 b. The Member Community agrees to maintain the financial and program documentation in project files as shall clearly establish the relationship of the HOME Program portion of the overall Project budget and low- and moderate-income persons benefiting from program services consistent with the requirements as stated in Schedule B, HOME Project, Paragraph 4 herein. 3. MATCHING FUNDS. Each Member Community must make contributions to housing that qualifies as affordable housing under the HOME program, throughout a fiscal year. The contributions must total not less than 25 percent of the funds drawn from the Consortium's HOME Investment Trust Fund Treasury account, as established by the Representative Member, in that fiscal year. The Member Community agrees to adhere to the HOME Program matching requirements as set forth in 92.218 —92.222. a. Match Liability. Any Member Community that is not able to obtain sufficient match for its Projects or to reach agreement with another Member(s) to transfer all or a portion of that Member Community's match credit, may lose an amount in the next funding year equal to the amount, if any, lost to the Consortium. These funds may be reallocated by the Consortium Council. If, however, the Consortium Council determines that the loss of funds was not the fault of the Member Community, the Council may waive recapture. b. Match Tracking. The CITY must maintain accurate and timely tracking systems to meet the Consortium's match obligations. In order to accomplish this, each Member Community must agree to document and report all incurred non-federal sources of match utilized respective to ongoing HOME projects over the course of the fiscal year to ensure fulfillment of the match obligation. 10 Contract#M2006 Project No. HM20-12A/ HM20-126 4. EXPENDITURES. The Member Community agrees that expenditures under this HOME Project shall be limited to the provision of the activities as described within Schedule B, HOME Project herein, and shall meet the eligibility and cost allowability standards referenced within General Provisions, Paragraph 4, Financial and Management Standards. 5. BUDGET CHANGES and SUBSTANTIAL AMENDMENTS. a. Except for changes made in accordance with subsection (b) below, alterations in the approved use of budgeted funds shall be subject to prior review by the CITY. b. Funds may be shifted through Substantial Amendment procedures outlined in the WestMetro HOME Consortium Guidelines and Citizen Participation Plan and require prior approval of the CITY.Actions resulting in a change in the aforementioned Proj ect(s) or the FY20 Annual Action Plan and/or exceeding twenty-five percent (25%) of the line item total from which the funds are being removed or to which the funds are being added require a Substantial Amendment. c. Upon identification of new projects and activities not previously identified in the FY20 Annual Action Plan, the Member Community agrees to review with the CITY to ensure eligibility, capacity and compliance. d. The Member Community is responsible for facilitating and obtaining all local legislative and executive approvals required for substantial amendments. e. The aforementioned terms apply to any Member Community in receipt of Consolidated Pool Funds without amending the agreement outlined herein. f. Any costs and expenses not covered by the project Budget, and hence not properly payable from HOME funds shall be borne entirely by the Member Community. 11 Contract#M2006 Project No. HM20-12A/ HM20-126 SCHEDULE B HOME PROJECT(S) 1. SCOPE OF SERVICES. The services to be performed pursuant to this Agreement shall be those specified in the FY 16-FY20 Consolidated Plan and FY20 Annual Action Plan as submitted by the Representative Member and approved by HUD as that Consolidated Plan now reads or as it may later be modified or amended in accordance with regulations promulgated by HUD. 2. LOCATION. Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 3. PROGRAM DESCRIPTIONS. The Member Community shall perform and carry out in a satisfactory and proper manner,the services described in the aforementioned Scope of Work and FY20 HOME Annual Action Plan, as determined reasonably and fairly by the CITY, and in compliance with the HOME Program Regulations 24 CFR 92.200-92.215, as applicable. Services consist of the provision of the following programs and activities: a. Rental Housing: Funds will be used to assist the creation and/or rehabilitation of rental housing. During FY20, the Lexington Housing Authority will embark on the renovation of 5 units at Pine Grove Village. The project will culminate in three (3) HOME-Assisted units. b. HOME Administration: Funds will be used to support the administration of HOME programs and activities. 4. LOW AND MODERATE-INCOME TARGETING. The Member Community shall comply with HOME Program regulation 24 CFR 92.216-92.217 concerning income targeting and occupancy requirements for low and moderate-income housing. a. Tenant-Based Rental Assistance/ Rental Units. Not less than 90% of households receiving such assistance earn annual incomes at or below 60% of the Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development at the time of occupancy or at the time finds are invested. i. The remainder of households receiving such assistance qualify as low-income families, earning at or below 80% of the AMI at the time of occupancy or at the time finds are invested. b. Homeownership. 100% of funds must be invested in dwelling units that are occupied by households qualifying as low-income families, earning at or below 80% of the AMI. 12 Contract W2006 Project No. HM20-12A/ HM20-126 5. PROGRAM GOALS AND PERFORMANCE. The HOME Project(s) currently anticipates providing assistance to three (3) households/units through the rehabilitation of affordable housing. The Member Community and Subrecipient must estimate the number of low-to-moderate income individuals,households and units to be assisted in accordance with the goal outcome indicators outlined in proposed substantial amendments and/or the FY20 (FFY19) Annual Action Plan, FYI 6-FY20 Consolidated Plan. In addition,the Member Community and Subrecipient must summarize achievement of these numerical goals and describe the extent to which these outcomes and benchmarks are being realized through the Member Community's aforementioned activities as part of the Consolidated Annual Performance and Evaluation Report (CAPER), in conformance with 24 CFR 91.520.As part of the CAPER,Member Communities must on an annual basis report to the CITY a description of the resources made available, the investment of available resources, the geographic distribution and location(s) of investments, the families and persons assisted, actions taken to affirmatively further fair housing, and other actions as indicated in the Consolidated and Annual Action Plans. The Member Community shall be responsible for ensuring that the program goals and performance are substantially met during the contract period in accordance with 2 CFR 200.301. The CITY shall utilize the information to evaluate the Member Community's performance in meeting its program goals and achieving its desired outcomes. If it is determined that the Member Community is not substantially meeting its program goals and/or is not working toward the desired program outcomes, the CITY will take such action as necessary to rectify the problem. 6. PROPERTY STANDARDS and ACCESSIBILITY. The Member Community must ensure that applicable projects meet the property, rehabilitation and accessibility standards in accordance with HOME Program regulations 24 CFR 92.251, WestMetro HOME Consortium Construction Guidelines, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Fair Housing Act. 7. QUALIFICATIONS AS AFFORDABLE HOUSING a. HOME Affordability. The Member Community shall ensure that all assisted HOME Units must meet the occupancy and affordability requirements as set forth in HOME Program regulation 24 CFR 92.252 or 24 CFR 92.254 or as applicable. b. Current Household Income Limits.Assisted household income levels shall not exceed limits published by HUD and current at the time of initial marketing. The actual income limits are determined by HUD and published annually in the Federal Register. Current HOME Household Income Limits, effective June 28, 2019; HOME Program Eligibility Limits Number in 30% of AMI 50% of AMI 60% of AMI Household (Extremely Low) (Very Low) 13 Contract W2006 Project No. HM20-12A/ HM20-126 1 $24,900 $411500 $491800 2 $28,450 $471400 $5600 3 $3200 $531350 $64,020 4 $35,550 $591250 $71,100 5 $38,400 $641000 $7600 6 $41,250 $681750 $821500 7 $44,100 $73,500 $881200 8 or more $46,950 $781250 $931900 c. HOME Rent Limits. Rents for assisted HOME Units will be set at a level meeting all of the requirements under the HOME program regulation 24 CFR 92.252. The rents will not exceed the maximum HOME rent limits as determined by HUD. The CITY shall provide the MEMBER COMMUNITY an initial schedule of HOME rents. Subrecipients of the MEMBER COMMUNITY shall provide annual rents and occupancy status of the HOME Units to the Member Community to demonstrate compliance with 24 CFR 92.252. The MEMBER COMMUNITY must review the submitted rents for compliance and approve or disapprove them every year. The rents shall not exceed the maximum HOME rent limits as determined by HUD. Current Maximum HOME Program Rent Limits (effective June 28, 2019) are: Number of Bedrooms Low HOME Rents Hi!h HOME Maximum Rents 1 Bedroom: $ 11111 $11425 2 Bedroom: $ 11333 $11712 3 Bedroom: $ L540 $1,970 4 Bedroom: $ 1,718 $21178 Tenant Based Rental Assistance. For communities operating a TBRA program, individual payment and rent standards must be established by individual Member Communities. d. Maximum Per Unit Subsidy Amount: The most current subsidy levels to be used in any project shall be calculated at the time the CITY approves the final development pro forma, but in any event, not later than the date the Member Community requests set-up in IDIS. The proposed HOME funded subsidy levels shall not exceed limits published by HUD and shall be current at the time of set-up in IDIS. Use of HOME funds together with other Federal funds shall comply with HOME Program regulation 24 CFR 92.250(b) and the Consortium guidelines prohibiting excessive layering of Federal funds. The current HUD limits, effective June 4, 2018, are: Unit size HUD limits 1 BR $1681600 2 BR $2051018 3 BR $2651229 4 BR $291,13 7 14 Contract W2006 Project No. HM20-12A/ HM20-126 8. ADMINISTRATIVE RESPONSIBILITIES. As a member in the WestMetro HOME Consortium Council, each Member Community must assign a designee that participates regularly in Council activities, which includes, but is not limited to: a. Attending quarterly meetings of the Council; b. Responding and communicating within a timely fashion c. Providing information and assistance as is required for the preparation, completion and submission of the Consolidated Plan, Annual Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER), and/or other plans and reports as needed, in accordance with 24 CFR 92.5 09; d. Obtaining all local legislative and executive approvals; 9. SUBAWARDS. Member Communities must manage all aspects of project and program implementation relative to the PROGRAM DESCRIPTIONS outlined in Paragraph 3, coordinating with the CITY as the Representative Member, and complying with all federal requirements, as applicable, including the following: a. Prior to the commitment and execution of agreement, the Member Community must ensure completion of the following HOME Program requirements in order to proceed with the encumbering of funds: i. Project Scoping and Eligibility. Completion of project scoping and eligibility analysis with the CITY using the Comprehensive Checklist; o Member Communities must complete and submit the Comprehensive Checklist, Project Set-Up Report and Budget Transfer Forms to the CITY. o A Project is defined as having a unique address in which rehabilitation and/or new construction can reasonably be expected to start within 12 months of the HOME Funding Agreement date; or if the Project consists of acquisition,the property title will be transferred to the Member Community or purchaser with six months of the agreement date; or if the Project consists of tenant-based rental assistance, the Member Community or subrecipient has entered into a rental assistance contract with the owner or the tenant in accordance with the provisions of HOME Program Regulation §92.209. 11. Underwriting and Subsidy Layering. Completion or coordination of underwriting and subsidy layering analysis; or market needs assessment, in accordance with 92.250(b); 111. Environmental Review Record. Completion of Environmental Review Records for review and approval by the CITY as the Representative Member and Responsible Entity. Once satisfactory, the CITY will work with the Member Community to coordinate the posting of notices, including but not limited to the Notice of Intent to Request a Release of Funds, Findings of No Significant Impact or Environmental Impact Statements with appropriate parties and stakeholders; upon conclusion of the notice period, the City will submit to HUD the aforementioned notices and evidence of posting to HUD.The Release of Funds is contingent upon the satisfactory 15 Contract W2006 Project No. HM20-12A/ HM20-126 completion of 24 CFR Part 35. Member Communities and Subrecipients are prohibited from engaging in any choice-limiting actions; iv. Labor Compliance. Collection and maintenance of all required Davis Bacon Labor, M/WBE and Section 3 compliance materials in accordance with all applicable state and federal labor laws, including but not limited to the Davis/Bacon Act, 40 U.S.C. 27a-5 et seq., as applicable pursuant to HOME Program regulation 24 CFR 92.354. The Member Community must collect and review all Certified Payroll Reports, Statements of Compliance, Section 3 Plans and M/WBE documentation and work with contractors, developers and subrecipients to ensure compliance; o Davis-Bacon Labor Standards apply to any contract involving the construction of 12 or more HOME-assisted units. The Member Community shall require contracts for all types of work performed in connection with project funds that exceed$100,000 to adhere to the requirements of Section 3 as outlined in 24 CFR 135 and Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 17010. v. Contract Preparation. Preparation and submission of draft subrecipient agreement for review and approval by the CITY o Member Communities may subaward and execute such agreement with applicable contractors, developers, CHDOs, subrecipients and proponents following approval of contract documents by CITY as the Representative Member. o Said agreement must include all applicable provisions described in HOME Program Regulation 92.504, or its successor, and 2 CFR part 200, subpart D. vi. Debarment. Conduct Excluded Party/Debarment List Review of selected contractors, developers, CHDOs, subrecipients and proponents. b. Project Management. The Member Community is responsible for project management and performing all tasks associated with monitoring the design, development, financing and occupancy of the HOME-Assisted project and fully complying with uniform administrative requirements as state in HOME Program Regulation 92.505. Tasks include, but are not limited to: i. Contract Execution and Funding Instruments. Submitting to the CITY an executed HOME funding agreement, as well as other applicable funding instruments, including the note, mortgage, and/or deed restriction or covenant running with the land, prior to the release of any HOME funds. 11. Project Budgets. Establishing and maintaining project budgets, following Consortium budget amendment procedures (including required citizen participation procedures) for any changes; 111. Requisitions. Approving all requisitions; and forwarding them to the CITY; the CITY shall draw, process and release HOME funds on behalf of the Member 16 Contract W2006 Project No. HM20-12A/ HM20-126 Community to such designated subrecipient, contractor, vendor, or other recipient as mutually approved. Incomplete or non-conforming requisitions will be returned to the Member Community. o The CITY reserves the right to modify disbursement procedures; considerations unique to specific projects, including but not limited to construction retainage, contingencies, and/or other aspects will be addressed on a case by case manner in conjunction with the Member Community. iv. Income Targeting. Consistency with affordability and income-targeting requirements throughout duration of the agreement and affordability period thereafter; maintaining required project documentation; v. Affirmative Marketing/Occupancy.Adopting and following affirmative marketing procedures in projects containing 5 or more HOME-Assisted units. The Member Community must ensure that tenant preferences are implemented in accordance with §92.351 and consistent with the WestMetro HOME Consortium Affirmative Marketing Plan methods, procedures and requirements. c. Post-completion compliance and monitoring. HOME funds will be closed out in accordance with 2 CFR part 200. Close out of the project will occur when the Member Community determines that all applicable administrative actions and all required work pertaining to the HOME funds have been completed by the subrecipient. i. Final Reports. Upon completion of each HOME-Assisted project, the Member Community shall submit a completed Comprehensive Checklist to the CITY no later than 90 calendar days after the end date of the period of performance; the Member must also submit all financial, performance, and other reports as required by the terms and conditions of the HOME Program. The Member Community may approve extensions in conjunction with the CITY when requested by the non-Federal entity. 11. Monitoring.Each Member Community shall monitor its subrecipients in accordance with HOME program regulation 92.504(d) to ensure full compliance with all applicable requirements Furthermore, all monitoring shall be performed in accordance with applicable HUD monitoring guidelines and on forms agreed to by the City. 111. Affordability Requirements. The Member Community shall require projects assisted with HOME funds to meet the affordability requirements of HOME Program Regulations 92.252 or 92.254, as applicable,and shall require repayment of the funds if the housing does not meet the affordability requirements for the specified time period. iv. Notwithstanding the above, and in accordance with The Consolidated and Further Continuing Appropriations Act of 2012 (P.L. 112-55), all Projects must have 17 Contract W2006 Project No. HM20-12A/ HM20-126 satisfied and completed all contractual work,marketing and occupancy and close out procedures no later than four years from the Commitment of HOME funds,the date of which is determined by the signature of each party to the Member Community's Subrecipient Agreement, or by the date of a HUD-approved extension. If the Project is not completed within this timeframe, the Project will be considered"involuntarily terminated before completion" and the Member Community and Subrecipient shall repay to HUD all HOME funds invested in the Project. 18 Contract#M2006 Project No. HM20-12A/ HM20-126 SCHEDULE C WORK PROGRAM AND SCHEDULE 1. DURATION OF AGREEMENT AND TIME OF PERFORMANCE. a. Agreement Date. This Agreement, made as of the date first written above, is binding upon signature by Her Honor, the Mayor of the City of Newton. b. Performance Schedule. The Member Community shall perform the services and program described in Schedule B, HOME Project, herein consistent with the following dates: Program Commencement Date: July 1, 2019 Obligation Date: July 23, 2019 HOME Administration Expenditure Deadline: June 30, 2022 Performance Completion Date/Expenditure Deadline*: June 30, 2027 (Subject to provision outlined in Part d of this section) c. Project Completion: Projects must have satisfied and completed all contractual work, marketing, occupancy and close out procedures no later than four years from the Commitment of HOME funds; the date of which is determined by the Member Community's Subrecipient Agreement pursuant to the Subaward(s), or the date of a HUD-approved extension. If the Project is not completed within this timeframe, the Project will be considered"involuntarily terminated before completion"and the Member Community shall repay to HUD all HOME funds invested in the Project. d. Performance Completion Date/Expenditure Deadline*. The time for performance under this Agreement shall be completed on June 30, 2027, unless amended consistent with General Provisions, Paragraph 27, Changes, or terminated consistent with General Provisions, Paragraph 8 and 9, Termination. Otherwise, all funding and program income associated with the contractual documents outlined herein must be completely expended within 8 years of the Obligation Date. e. However, obligations remain in effect during the period of affordability required by the Act under 24 CFR Part 92.252 or 92.254. 2. HOLDBACK OF PAYMENTS TO MEMBER COMMUNITY. a. The CITY reserves the right to hold payments in the event incomplete requisitions or reports are received or requisitions or reports are not submitted in a timely manner. b. The CITY will automatically retain a hold-back from the last requisition or a reasonable sum as determined by the CITY, until receipt and approval of close-out paperwork and requisite compliance reports from the Member Community. 3. PROGRAM SCHEDULE. a. The CITY reserves the right to relinquish the program allocation of the Member Community if it risks not spending its allocation within eight years of execution of this Agreement or not completing a project within four years from the commitment of funds to a project. Funds not expended, or Projects not completed within these respective timeframes will be considered "involuntarily terminated before completion" and the 19 Contract#M2006 Project No. HM20-12A/ HM20-126 Member Community shall repay to HUD all HOME funds associated to the project and/or the fiscal year allocation. 20 Contract W2006 Project No. HM20-12A/ HM20-126 SCHEDULE D RELEASE AND PROCESSING OF HOME FUNDS 1. METHOD OF PAYMENT. The CITY agrees to release the funds specified in Schedule A, Funding Amount and Project Budget herein, on a "pay as you go" or reimbursement basis consistent with the procedure outlined herein. The CITY will not advance funds to the Member Community under any circumstances. Note that the provisions of Schedule A as well as all other provisions of this Agreement must be satisfied prior to release of funds. The CITY shall reimburse all allowable, eligible costs incurred during the period of performance as established in Schedule C (2 CFR 200.309). Program income that has been credited to the applicable Member Community must be committed and expended before the Member Community and Subrecipient may request same-year Entitlement HOME funds from the City. 2. REQUISITION. Following initiation of the HOME Project, the Member Community shall prepare and submit regular requisitions to the CITY based upon program operational costs incurred by the Member Community or by such contractors and vendors as contracted by the Member Community for the implementation of the HOME Project. The Member Community understands and agrees that it may not requisition the CITY for any costs covered by or charged to any other funding source. The requisition should be sent by mail or email to: Rachel Powers, Community Development and HOME Program Manager Department of Planning and Development City of Newton 1000 Commonwealth Avenue Newton, MA 02459 rpowers gnewtonma.gov Said requisition shall consist of the following: a. Cover requisition letter/transmittal on Member Community stationery signed by the member community which indicates the number of the requisition, identifies the HOME Project by name and by Agreement number, shows the remittance name and address, and indicates the amount(s) and type(s) of cost(s) incurred. b. HOME Requisition Form from Schedule H, Forms, herein shall accompany the requisition and shall indicate the budgeted amounts by object of expenditure consistent with Schedule A, Funding Amount and Project Budget, and shall indicate the actual expenditures for the period of the requisition and current budget balances. This report shall be signed by the Member Community. c. Supporting Documentation shall accompany the requisition and shall include copies of: invoices (paid), receipts, and countersigned time sheets (time sheets prepared and signed by individual staff which have been reviewed, authorized and countersigned by program or agency management), and other source documentation as may be required of the Member Community by the CITY to document the amount requisitioned for payment 21 Contract#M2006 Project No. HM20-12A/ HM20-126 or reimbursement. Each piece of documentation should have a signature authorizing the expenditure. 3. REVIEW AND RELEASE. a. Standard Processing. The CITY shall review each requisition and process same for payment through the City's accounts payable system. It is understood that, subject to the timely receipt of proper requisitions in compliance with this Agreement, and no other circumstances intervening,the CITY agrees to release payment within approximately 21 days. The Member Community understands that submission of incomplete or erroneous requisitions may result in delay of payment. b. IDIS Data Entry and Draws. The CITY as Representative Member will process all draw downs following processing of payments and requisitions through CITY payment processing. IDIS data entry input is also performed by CITY following collection of information received from Member Community. 4. ERRONEOUS AND/OR IRREGULAR REQUISITIONS. a. Erroneous Requisitions. The Member Community understands that improperly prepared requisitions will not be processed and will be returned. Reimbursement will be held pending receipt of accurate information together with such source documentation as required. Upon receipt of three improperly prepared requisitions, field audit procedures may be initiated to evaluate financial management, control and record keeping procedures utilized by the Member Community. 5. FINAL PAYMENT. The CITY reserves the right to hold release of final payment pending satisfaction by the Member Community of all terms, requirements, and documentation of this Agreement. 22 Contract W2006 Project No. HM20-12A/ HM20-126 SCHEDULE E FINANCIAL MANAGEMENT GENERAL. The Member Community shall ensure compliance with the provisions herein referenced and/or stated in the implementation of the HOME Project, as applicable. 1. FINANCIAL MANAGEMENT. a. Accounting Standards. The Member Community agrees to comply with 2 CFR Part 200, Subpart E, Cost Principles and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. b. Cost Principles. The Member Community shall administer the HOME Project in conformance with 2 CFR Part 200 and 24 CFR 92.505, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", in particular Subpart E, Cost Principles. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Guidance for indirect cost identification for non-profits can be found in Appendix IV to 2 CFR Part 200. 2. DOCUMENTATION AND RECORD-KEEPING. a. Records to be Maintained. The Member Community shall maintain all records required by the HOME Program regulations specified in HOME Program Regulation 92.508 and in accordance with 2 CFR 200.302 that are pertinent to the HOME Project funded under this Agreement. b. Records Retention. The Member Community shall retain all records pertinent to expenditures incurred under this contract, in accordance with 24 CFR 92.508(c) for a minimum of five-years following the termination of the affordability period, written agreement or receipt of acquisition, rental and/or relocation assistance. 3. PROGRAM INCOME. HOME Program Income is the income generated directly by the investment of HOME funds (e.g., interest and principal on loans made by a Member with HOME funds). Program Income must be submitted to the Consortium for processing and will be credited to the Member Community for use on future HOME eligible activities. The Member Community shall report in a timely manner all program income, as defined at HOME Program regulation at 24 CFR 92.503(a). Program income may be generated by activities carried out with HOME funds made available under this contract. The use of program income by the Member Community shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR 200.307 as well as Section C Financial Administration of the WestMetro HOME Consortium Program Administration Guidelines. Program income is not subject to the 12- month exclusive use period however, program income funds may voluntarily be transferred to the Consolidated Funds Pool. 4. AUDIT REPORTS AND FINANCIAL STATEMENTS. Audit reports and/or financial statements shall clearly identify HOME receipts and expenditures separate from other funding sources. a. 2 CFR 200.501 requires that any non-federal entity expending federal funds in excess of $750,000 in a year shall have a single audit performed not less frequently than annually. A copy of this audit shall be submitted to the CITY and to the HUD Office of the 23 Contract W2006 Project No. HM20-12A/ HM20-126 Inspector General. The audit must be prepared in accordance with 2 CFR 200.501 through 200.512 and clearly identify HOME receipts and expenditures. 5. DIVERSION OF FUNDS PROHIBITED. The Member Community shall under no circumstances rebate, divert, or redirect funds received to any other activity (les) or cost(s). Any such rebate,diversion,or redirection of funds from the approved activity(ies)and cost(s) as described in Schedule A, Funding Amount and Project Budget and Schedule B HOME Project herein, shall be a violation of this Agreement and subject to legal and disciplinary proceedings pursuant to General Provisions, Paragraph 8 and 11, herein. 6. PROCUREMENT STANDARDS. a. Procurement. The Member Community agrees to fully comply with applicable requirements as referenced in 2 CFR 200.318 through 200.326 for nonprofit subrecipients. The CITY shall review each HOME funded procurement and all proposed contracts of the Member Community, the organization, its agents, representatives and employees or designees. Said contracts shall be maintained in the Member Community's files for review. HOME Program regulation 24 CFR 570.609 prohibits the use of debarred firms and requires certain certifications for covered subrecipient transactions consistent with 24 CFR 24, Appendix B. No funds may be released for contracts which have not been procured in accordance with these requirements. Refer to 24 CFR 570 and Section 3 of the Housing and Urban Development Act of 1968 for required compliance with local entrepreneurship and employment provisions. b. Purchase of Recycled Materials. The Member Community shall comply with the Resource Conservation and Recovery Act, Section 6002 in the design of projects and use of designated recycled items, to the extent applicable. 24 Contract#M2006 Project No. HM20-12A/HM20-12B SCHEDULE F INSURANCE Each Member Community shall require that all owners,contractors,and subgrantees of HOME assisted Projects shall, at all times, maintain certain types of insurance coverage consistent with the character of the Project and shall ensure compliance with the following as applicable. (See also Section 12 (P) of the MCA) (1) Certificate of Insurance. At time of closing of a grant or loan providing assistance, each Member Community shall get a certificate of insurance covering the assisted premises. Said certificate shall provide coverages of the types and amounts stated in subparagraphs (a) and (b) below. The insurance provided shall be maintained during the note, mortgage or the affordability period, whichever is longer. (a) The certificate of insurance shall provide, at a minimum, comprehensive general liability insurance and property insurance with an arrangement of coverage specifying the premises. The certificate shall name the Member Community as loss payee. Any changes from the standard required coverages and amounts as stated below shall be mutually agreed to in advance and in writing by the Member Community and the CITY. (b) Minimum Requirements. Typically, the following coverage will be required at the minimum amounts indicated: Property Insurance: Minimum Amount = 80% of market replacement value or amount of HOME funds invested and all senior indebtedness, whichever is greater. Liability Insurance: Minimum Amount = HOME funds and all senior indebtedness (2) Flood insurance. All HOME Projects are subject to the Federal Flood Disaster Protection Act and associated regulations. Each Member Community shall ensure compliance with the applicable requirements,including ensuring the provision of flood insurance protection coverage. At time of closing of a grant or loan providing assistance, each Member Community shall obtain a certificate of insurance covering the assisted premises. Said certificate shall provide the following minimum coverage: Minimum Amount=HOME funds and all senior indebtedness. (3) Construction insurance. Before the start of work on any HOME site, each Member Community shall get a certificate of insurance covering the work to be performed. Said certificate shall provide coverages for premises,operations,contractual liability,completed operations, automobile liability, employers liability, workers' compensation and professional liability (where applicable) and shall name the Member Community as additional insured. Minimum amounts are stated in(a) and(b)below. The insurance shall be maintained for the duration of the work to be performed. 25 Contract#M2006 Project No. HM20-12A/HM20-12B (a) Minimum Requirements. Typically, the following coverages will be required at the minimum amounts indicated: Workmens' Compensation: Statutory coverage Employer's Liability: $100,000 Coverage B Comprehensive General Liability: $300,000 each occurrence Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence $300,000 aggregate (b) Automobile Liability (case by case basis, subject to determination by Member Community and CITY) for owned and non-owned vehicles: Property Damage: $100,000 each occurrence $100,000 aggregate Bodily injury $250,000 each occurrence $500,000 aggregate 26 Contract#M2006 Project No. HM20-12A/ HM20-126 SCHEDULE G (Part I) CERTIFICATE OF EXECUTION IN WITNESS WHEREOF the parties hereto have executed this Agreement in 13 counterparts, as of the date first written above. , Chairman, Board of Selectman/Town Manager APPROVED AS TO LEGAL FORM ONLY, NOT SUBSTANCE: Legal Counsel Town of CHIEF EXECUTIVE CERTIFICATION This is to certify that is the duly elected for the Town of , Massachusetts. Town/Clerk Date 27 Contract#M2006 Project No. HM20-12A/HM20-12B SCHEDULE H FORMS Must be returned with signed contracts • Fair Housing and Equal Opportunity Report • Part 200 Subpart F Single Audit Certification • FFATA Form (for contracts over$30,000) Must be completed and returned during program year • WestMetro HOME Consortium Requisition Form (submitted with invoices) • Substantial Amendment Form For your reference • HOME Eligibility Income Limits • WestMetro HOME Consortium Rehabilitation Standards • FYI 9 HOME Rents • 2018 HOME per unit Subsidy Limits • HOME Program Administrative Guidelines 28 WESTMETRO HOME CONSORTIUM Bedford Natick Belmont City of Newton, Representative Member Needham Brookline 1000 Commonwealth Avenue Newton Concord Newton, MA 02459-1449 Sudbury Framingham Waltham Lexington (617) 796-1156 Watertown Wayland Fair Housing and Equal Opportunity Report City of Newton, Massachusetts Subrecipient Documentation of Compliance with HUD Regulation 24 CFR 92.508 (a)(7) Name of Organization: Total Number of Employees as of July 1, 2019 White (not of Hispanic origin):All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. Black(not or Hispanic origin): All persons having origins in any of the Black racial groups of Africa. Hispanic:All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. Asian or Pacific Islander: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.This area includes, for example, China, India,Japan, Korea,the Philippine Islands, and Samoa. American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. I have attached a copy of my organization's equal opportunity policy, and/or document any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex, or handicap in operating programs funded in whole or in part by CDBG/HOME/ESG funding.: Signature,Authorized Official Date WestMetro HOME Consortium Administrator 1000 Commonwealth Avenue,Newton,Massachusetts 02459-1400 Telephone (617) 796-1120 Telefax(617) 796-1142 TDD/TTY(617) 796-1089 www.newtonma.gov 2 CFR Part 200 Subpart F Single Audit Certification 2 CFR 200.501 requires that any non-federal entity expending federal funds in excess of$750,000 a fiscal year shall have a single audit performed at least annually. The $750,000 limit includes all federal funding sources, not exclusively HOME funds. A copy of this audit shall be submitted to the CITY and to the HUD Office of the Inspector General. The audit shall be prepared in accordance with 2 CFR 200.501 through 200.512 and clearly identify HOME receipts and expenditures. Member Community I certify that the Member Community listed above: ❑ Has not expended $750,000 or more in federal funds in the prior fiscal year. ❑ Has expended $750,000 or more in federal funds in the prior fiscal year. ❑ The 2 CFR Part 200 audit has been completed for the prior year and is attached to the contract. (One copy only.) ❑ The 2 CFR Part 200 single audit has not been completed and the Member Community will forward a copy to the City of Newton upon completion. Signature Title Date ATTACHMENT IF IFFATA REPORT I Ihe i der I A A)was signed irito lcaw ori Septern[)er 26, 2006 [1 e ��inte ir-A��s'to e�i owe i ulrldiirig Accountability ar-id irarispar(:.-.)�r-icy Act, rn p r .% A 1 A leg��sla'fluin ireqUif"E�S every American w�itiitIPie abiiIityto ["ioldthe gover,rvirnetit eadh s��peridi�lrlg(JE)dsiori, 1 h e 0 o iin lb dE,flral awards assistarice an II firx iii I,mn]i iire IIe iirmade avai III at)letot[me IIIuiblic;,vib a sirigle, sea ircl,--i at.)Ie website. A. SUB-RECIPIENT/CONTRACTOR INFORMATION Name of HOME Sub-recipient or Contractor: Name of Project/Activity: Data Universal Number System (DUNS) Number: A DUNS number is a unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B). If your business/organization does not already have a DUNS number, the process to request a DUNS number takes about 10 minutes and is free of charge. Call D&B at 866-705-5711 or for persons with a hearing impairment, the TTY number is 866-814-7818. B. CERTIFICATION OF SUB-RECIPIENT/CONTRACTOR Question 1(a): In your business or organization's preceding completed fiscal year, did your business or organization receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants and/or cooperative agreements? YES NO Question 1(b): Does the public have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? YES NO If the answers to question #1(a) and #1(b) are both yes, proceed to question #2. If the answers to question #1(a) and #1(b) are no, proceed to Section C of this form. Question 2: List the names and total compensation of the five most highly compensated officers of the entity: OFFICER NAME COMPENSATION OFFICER 1 OFFICER 2 OFFICER 3 OFFICER 4 OFFICER 5 C. CERTIFICATION OF SUB-RECIPIENT/CONTRACTOR Officer and representative of: Name of sub-recipient or contractor Address: Telephone Number: On behalf of the Agency/Company, I hereby certify that the above information is true and accurate and is reported fully as required by the contract for this HOME assisted project. It is further understood that any payment from the WestMetro HOME Consortium for this project cannot be made until this report is submitted to the HOME Grantee. Name and Title of the Authorized Representative (print or type) Signature of Authorized Representative Date 2 WestMetro HOME Consortium Requisition for HOME Funds DATE: Requisition# IDIS# TO: City of Newton,HOME Consortium Administrator Project# FROM: PROJECT: Scheduled closing date(if applicable): We hereby request HOME funds in the amount of: As required, source documentation is attached in the form of: Please requisition the indicated amount from HUD and transmit to the designated payee(s) below: Vendor Name: Vendor Address: If your project receives funds from several projects,please submit one requisition per project. A B C D E F G Project Name Project Prior Prior Requistion Expenditures Project Project Number Budget Expenditures Balance Amount to Date Balance (B- C) (C+ E) (D- E) Name: Number: $0.00 $0.00 $0.00 Match Amount- if required (25%of Expenditure): $0.00 Source of Match: hereby certify that the funds requisitioned herein (i)do not exceed the amount needed for the payment of eligible costs as required by HOME Program regulation 92.504; (ii)are for costs incurred or paid out during the effective period of the HOME Funding Agreement; and (iii)that matching requirements, if applicable, have been satisfied per regulations 92.218-.221. Authorized Signature: Title: Administrative Use Only Updated January 2015 (City/Town Letterhead) To: WestMetro HOME Consortium Administrator From: Community: Re: Amendment to Annual Action Plan(s) — FY Date: This is to notify you that the City/Town of has held a public hearing on (date) , in accordance with its Citizen Participation Plan, and that the Citizen Participation and Environmental Review processes have been completed on the following prof ect(s). • New project or project to have funding increased (Project Name) 0 (Consortium Project Number) 0 (Amount of funding to be added) $ • Project to have funding decreased (Project Name) 0 (Consortium Project Number) 0 (Amount of funding to be deducted) $ We are attaching Budget Amendment form(s) and IDIS Setup and/or Completion forms for these changes to this memo. Please notify HUD of these changes to the WestMetro Consortium's FY Annual Action Plan. 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SUBJ CT:1, 2,0118, Max mmi, ('),Nei' .E Per-Unit Su ,sidy Ati'iounls due to tlie elimiricltiori of the 221(d)(3) Mlortgage Progra .he HOME Sti,',Aute and the �. ;f., onat 2 C ww w� ., N i f HOME ~w,inds that a, PJ N � I w li wassisted ,i .ye nit r"Al � 1, i,W Iw e a e u , iw e, effect, U i , --, W projects wi to ttie Sect 2 d)(3) litiiiits in, orcler to, d i n,e tale t 1,X.i U ati,'w n of HOME ftindsi,"I PJ rill,ty nv i,, a, pe i' ib Is.is irii HOME-assisted hm. 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'n r ELDERLY e oomis Non- fe a r Elo 't 4"'b W or w.'p I All Urbiais r, o $49,824, mnn,�,mw," �� m �7� i, a tt(m M�, $56,161091 A r(st(id,ove-idesc,rit"'wd H01 PA adjuistniet.it. 1 55,700 64,896w w ;, IJUD is ,1,,,)pi,ip,,d by, W , ab111',,q t,I(I,.-*s t ��« ., ,'N � �„�r ' _ ';� 'is � .m,;,wr wb.w�bu� i I 'I " rv�.,.rv, h „, U S�,,,.d for r �,��, ,;, E � j Ll t e��.t b, � , 1 �, j,.�.,o,a,r.��.t i.�n iN �u�.� ,�_i r �_�X e of t i I', n o i(".- ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, WESTMETRO I...............10ME CONSORTIUM C 0 \ ST 3 (4�1 C-7 0 \ STANDARDS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, UPDATED MARCH 5,2019 In accordance with the 2013 HOME Final Rule, 24 CFR 92.251, Uniform Property Condition Standards (UPCS) addressing Methods and Materials have been incorporated into the WestMetro HOME Consortium Rehabilitation Standards as required by the U.S. Department of Housing and Urban Development. These standards, in addition to all local codes, ordinances and zoning requirements, will apply to HOME Investment Partnerships Program-funded development and rehabilitation projects committed after January 24, 2015 and ensure upon completion that assisted projects will decent, safe, sanitary and in good repair. All project sponsors seeking HOME assistance must conform to the standards outlined herein. alhns��pect`1 S 1. Inspection Procedures. Each Member Community is responsible for using the appropriate HUD- issued inspection checklist as a tool to inspect the appropriate items and areas. Inspections may be carried out by certified or licensed professionals, including but not limited to in-house staff, qualified professional(s) from the development team or third-party consultants independent of the developer, owner or sponsor of the housing receiving HOME funds. Consideration should be given to the project size, complexity and developer capacity. Member Communities wishing to train and certify inspectors may do so using its HOME Administrative or other funding. Appropriate certifications must be kept on file or the inspection will be void. 2. On-Site Inspections. The Member Community is responsible for inspecting each HOME Project at the time of completion to ensure that the work is completed in accordance with applicable codes, standards, contract and construction documentation. The property must meet these criteria at close-out and during the HOME period of affordability. The Consortium Administrator provides notification of on-going inspections during the HOME monitoring period. a. Frequency of Inspections. For rental projects, the first on-site ongoing inspections must occur within 12 months following project completion, and an inspection must be conducted at least once every three years thereafter. For homeownership projects, the unit(s) must be inspected and confirmed to meet property standards at the time of acquisition or be inspected within 12 months following project completion. b. Sample Sizes. • 100% of the HOME rental units must be inspected for projects consisting of 1 to 4 Page 1 of 17 u n its. • For projects with more than four HOME-assisted rental units, at least 20% of the HOME- assisted units in each building, but not fewer than four units in each project and one HOME-assisted unit in each building. c. Follow up to Address Deficiencies. A follow up inspection is required within 12 months of the violation for non-health and safety deficiencies. For non-health and safety deficiencies, the Member Community may choose to conduct an on-site inspection or accept third party documentation (such as a paid invoice for work completed). Health and Safety violations must be corrected immediately. Member Communities may rely on the procedures specified in the "Opportunity to Cure" section in each project's executed HOME Funding Agreement. d. Annual Certification. During yearly rent approval, property owners must certify to the Member Community that the building(s) and all HOME-assisted units in the project are suitable for occupancy. r-op ",ty, Staindards far IN�ew Coiristr(Ji cti 0 Ir") I Ir"OJ e i a e Ct 1. Minimum Standards. All HOME-assisted projects must meet all Massachusetts State Building, local codes, ordinances, sanitary, and zoning requirements pursuant to 24 CFR 92.251. Additionally, consistent with UPCS guidance, projects must comply with the rehabilitation standards in Section III, Part 15 outline applicable methods and materials and construction requirements. 2. Accessibility. Proposed projects must meet accessibility requirements as applicable in 24 Part 8, which implements Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the Americans with Disabilities Act. (as implemented at 28 CFR Parts 35 and 36). Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205, which implements the Fair Housing Act. Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. In addition, sponsors must conform to any and all applicable Massachusetts laws and regulations regarding accessibility, including, in renovation projects, obtaining all necessary variances from the Massachusetts Architectural Access Board. 3. Disaster Mitigation. The housing, where relevant, must include Disaster Mitigation Standards consistent with State and local requirements to mitigate the impact of potential standards (24 CFR 92.251(a)(2)). 4. Project Oversight. The Member Community must review and approve written cost estimates, construction contracts, and construction documents and conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, contract, and construction documents. The Member Community is responsible for Page 2 of 17 documenting these inspections. Inspections may be carried out by certified or licensed professionals, including but not limited to in-house staff, qualified professional from the development team or third-party consultants independent of the developer, owner or sponsor of the housing receiving HOME funds. Consideration should be given to the project size, complexity and developer capacity. S. Broadband Infrastructure. New construction housing projects containing more than 4 rental units must include the installation broadband infrastructure, as defined in 24 CFR 5.100, except where the participating jurisdiction determines and, in accordance with §92.508(a)(3)(iv), documents the determination that: (A) The location of the new construction makes installation of broadband infrastructure infeasible; or (B) The cost of installing the infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden. III. Property Standards for RehabilitationIroje c ts 1. Minimum Standards. All HOME-assisted projects must meet all Massachusetts State Building, local codes, ordinances, sanitary, and zoning requirements pursuant to 24 CFR 92.251. Additionally, consistent with UPCS guidance and as such, the following standards, methods and materials outline rehabilitation requirements. 2. Health & Safety. Each sponsor of an occupied project must provide a narrative describing the existing condition of the property, identifying any life-threatening deficiencies and a plan for addressing such deficiencies prior to commencement of renovation activities. The sponsor must describe how residents who will remain in structures under renovation will be assured of safe egress, protection from fire hazards, noxious fumes, exposure to hazardous materials, and loss of security for themselves and their possessions. Certain health and safety issues must be addressed immediately when a unit is already occupied. These items include: • Air Quality—Propane/Natural Gas/Methane Gas Detected • Blocked Egress/Ladders • Carbon Monoxide/Smoke Detector—Missing/Inoperative • Electrical Hazards—Exposed Wires/Open Panels • Electrical Hazards—Water Leaks on/near Electrical Equipment • Emergency Fire Exits—Emergency/Fire Exits Blocked/Unusable • Leaking smoke pipes on all gas or oil fired appliances and/or heating units • Missing Outlet Covers • Missing/Damaged/Expired Extinguishers • Misaligned/Leaking Chimney and/or Ventilation Systems • Open Waste Lines • Outlets/Switches/Cover Plates—Missing/Broken Page 3 of 17 • Windows—Security Bars Prevent Egress 3. Major Systems. Major Systems are the following: • Structural support • Roofing/siding/cladding/weather proofing • Windows/doors • Plumbing/electrical • Heating/ventilation/air conditioning • Chimneys • Decks and Stair systems 4. Useful Life of Major Systems. In housing with 26 or more units, an estimate of all Major Systems, as outlined above and defined by HUD, appliances and other components of the proposed project, including fire suppression and/or detection, security, tel/data, stormwater management systems, basic livability requirements mandated by the Massachusetts State Sanitary Code, and requirements of the Massachusetts Architectural Access Board and applicable Federal accessibility standards, must be completed by a capital needs assessment conducted by a third-party hired by the owner, developer or the Member Community. Additionally, each project sponsor must complete a systems checklist identifying each major system, its current condition, the proposed scope of rehabilitation, and the expected useful life of the system following rehabilitation. If the housing contains less than 26 units, an- in-house capital needs assessment is acceptable, so long as it is conducted by a qualified individual. If the person is unable to acquire an original install date of the system, he/she should estimate the useful life using their experience in the field. a. For rental housing, if the useful life of any Major System is less determined to be less than the HOME Affordability Period the owner/developer must establish a replacement reserve. The owner/developer must make adequate monthly payments to said reserve that will allow repairs and replacement as needed. b. For ownership housing, all Major Systems must have a useful life of at least five years. If a Major System does not meet this standard, they must be rehabilitated or replaced as part of the rehabilitation work. S. Energy Conservation and Green Design: Project sponsors will be required to provide information on energy efficiency and green design in their applications, in particular, aspects of developments that exceed requirements of the base Massachusetts Building Code, or the "Stretch Code" if adopted by the locality. 6. Lead Paint. Project sponsors are required to follow Lead-Based Paint provisions of 24 CFR Part 35. For properties occupied by children less than 6 years of age, full abatement is required. Sponsors also must conform to all Massachusetts laws and regulations, as well as Page 4 of 17 EPA requirements regarding lead-based paint, including protection of workers who may be exposed to lead paint during the construction process. 7. Accessibility. Proposed projects must meet accessibility requirements as applicable in 24 Part 8, which implements Section 504 of he Rehabilitation Act of 1973 and Titles II and III of the Americans with Disabilities Act. (as implemented at 28 CFR Parts 35 and 36). Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205, which implements the Fair Housing Act. Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. In addition, sponsors must conform to any and all applicable Massachusetts laws and regulations regarding accessibility, including, in renovation projects, obtaining all necessary variances from the Massachusetts Architectural Access Board. 8. Disaster Mitigation. The housing, where relevant, must include Disaster Mitigation Standards consistent with State and local requirements to mitigate the impact of potential standards. 9. Inspection Forms. Upon initial completion and ongoing property inspections, each inspector shall use Form HUD-52580 (the standard "Inspection Checklist" Housing Quality Inspection form), or a successor form as directed by HUD. 10. Work Write-Ups and Cost Reasonableness. The Member Community must review a n d approve work write-ups (i.e. plans and specifications) to ensure that the work will be in compliance with the standards outlined herein. The Member Community must review a written cost estimate and approve the estimate after determining that the costs are reasonable. 11. Frequency of Inspections. The Member Community must conduct an initial inspection in order to determine deficiencies that must be addressed; periodic inspections to monitor construction progress; and a final inspection to ensure all work was done in accordance with the work write-ups and/or plans. The Member Community is responsible for documenting these inspections. Inspections may be carried out by certified or licensed professionals, including but not limited to in-house staff, qualified professional from the development team or third-party consultants independent of the developer, owner or sponsor of the housing receiving HOME funds. Consideration should be given to the project size, complexity and developer capacity. 12. Ongoing property condition standards. For the duration of the HOME affordability period, all rental housing must meet: a. Massachusetts State Building Sanitary, and Zoning Codes b. The Housing Quality Standards pursuant to 24 CFR 982. c. Health and Safety defects, as identified in Section 2 of this policy Page 5 of 17 d. Lead-based Paint requirements, as identified in Section 5 of this policy e. Local Zoning Ordinances f. National Electrical Code g. Massachusetts Fuel Gas and Plumbing Code h. Massachusetts Fire Regulations i. Massachusetts Elevator Regulations j. Massachusetts Department of Public Health Requirements k. Massachusetts Historic Commission Regulations I. U.S. Department of Energy Regulations m. Massachusetts Department of Environmental Protection Regulations n. HUD Rehabilitation Guidelines o. Americans with Disabilities Act p. Massachusetts Architectural Access Board Regulations q. Local, State and Federal Requirements Related to Sewage/Septic Systems r. Requirements for HOME Environmental Provisions 13. Corrective Actions. A follow up inspection is required within 12 months of the violation for non- health and safety deficiencies. For non-health and safety deficiencies, the Member Community may choose to conduct an on-site inspection or accept third party documentation (such as a paid invoice for work completed). Health and Safety violations must be corrected immediately. Member Communities may rely on the procedures specified in the "Opportunity to Cure" section in each project's executed HOME Funding Agreement. 14. Uniform Physical Condition Standards (UPCS): All sponsors will be required to ensure that assisted housing will be decent, safe, sanitary, and in good repair as described in 24 CFR 5.703 („Itt . . . f F - 1 -tiu I - f F - -tit U - 1 1- I.s e c 5 7 0 3 f). Monitored projects will include the UPCS inspectable items and observable deficiencies for the site, building exterior, building systems, common areas, and units identified on the following. Sponsors should review the following appendices: HOME Investment Partnerships Program FAQ ht : .hu h �n .iof n FiI H E F . d.f), as well as CPD Notice 18-08 Section IV D 2 (b.it. - ,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,.............................,,„- ,,,,,,, ) P u iu in in- u iutt iu n HT F I I t i n 15. Methods, Materials and Additional Standards for Multifamily Rehabilitation Projects: Sponsors of multifamily rental projects are to follow the following standards as closely as possible. Overall Unit Size: • SRO: 120 square feet (sf) • Enhanced SRO: 175 sf(includes food preparation area and bathroom) • One-bedroom unit: 600 sf (or applicable HUD program standards; for example section 202) • Two-bedroom unit: 850 sf Page 6 of 17 • Three-bedroom unit: 950 sf • Four- or more bedroom unit: 11100 sf Minimum Room Size: Rooms in rehabilitation projects shall meet the following minimums (including a dimensional minimum): • Primary bedrooms: 120 sf(10.5 ft.) • Secondary bedrooms: 100 sf(9.5 ft.) • Living room: 150 sf(12 ft.) • Dining room: 100 sf(10 ft.) • Living/dining room combo: 200 sf(12 ft.) • Full bathroom: 40 sf(5 ft.) If a room has a sloped ceiling, any portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall not be included in the measurements of the floor area. Closets and storage cannot be included in the measurement of the floor area. Kitchen: The size of the unit should determine the amount of counter space to be provided: counter space length minimum circulation width • One-bedroom unit 6 linear feet 4 feet • Two-bedroom unit 8 linear feet 4 feet • Three or more-bedroom unit 10 linear feet 4 feet The minimum total linear feet of counter cannot include the space occupied by the sink, stove, and refrigerator. Bathrooms: The number of bedrooms within the unit determines the number of bathrooms: • One-bedroom unit One bathroom • Two-bedroom unit One bathroom • Three-bedroom unit One-and-a-half bathrooms (minimum) • Four or more-bedroom units Two bathrooms Many of the Housing Rehabilitation Projects on homes built prior to 1978 may require some level of Lead Paint Abatement and/or Interim control. When Federal financial assistance is available to the project, the HUD Lead Safe Housing Rule will be in effect. The Lead Safe Rule requires that contractors be certified in the Lead Safe Housing Rule, and when disturbing lead-based paint, comply with the section governing the type of HUD assisted Housing Program. For projects where a child under the age of six resides in the dwelling, a comprehensive Lead Paint Risk Assessment and full lead paint abatement will be required. The HOME Program is financially assisted by HUD money, and is required to specify and install products that are Energy Star qualified whenever feasible to do so. Energy Star is a Page 7 of 17 joint program of the U.S. Environmental Protection Agency and the U.S Department of Energy, and its goal is to identify and promote energy-efficient products that conserve energy and reduce greenhouse gas emissions. While Energy Star provides labeling for 50 different product categories, its testing and certification is ongoing with continuous with new products receiving its labeling on a regular basis. Most energy devices such as lighting fixtures and/or heating systems will be specified in the work write-up and/or Bid Specifications by the Housing Rehabilitation Specialist. When submitting an "or approved equal" product on the Bid form, the product must meet and/or exceed the Energy Star ratings specified in the work specifications. In most cases, a material cost per light fixture/illumination will be included in work write-up and/or bid specifications. This is to allow the owner an opportunity to choose a fixture that suits their particular style and preferences, and it allows the contractor to know the material costs when completing the bid form. All light fixtures installed by contractor will be Energy Star qualified. Many fixtures simply require the installation of an Energy Star bulb. Depending on the amount of illumination required in a particular room, the fixture may require a specific design to prevent overheating and malfunction of bulbs. The following requirements and information to utilize when bidding and completing projects: GENERAL 1. All bid proposals must accurately reflect the work specified along with any additional addenda to the works specs. 2. All written proposals will be considered firm quotes and not price estimates. 3. The proposal must include all phases of construction that will produce a functional and attractive finished product. In other words, all aspects of construction leading to a finished product must be included in the proposals whether expressly stated in the bid specifications or assumed to be included as an expected part of the work. For example, if a door is called for in the work specifications, then it must include the jambs, header, sill, hinges, doorknob, bolt, striker, trim, painting, etc. 4. When any item, such as a light fixture, plumbing fixture, stove, etc., has to be temporarily removed and later re-installed, the cost of this work must be included in the bid. For example, if new flooring is called for in the bathroom, the installer must include the cost of removal and re-installation of the toilet in the proposal. 5. All materials must be installed according to the manufacturer's recommendations. 6. No "seconds" or inferior materials will be permitted. 7. Any materials damaged while being removed or installed will be replaced by the contractor at his own expense, if in the opinion of the project oversight inspector, care or good judgment was not exercised. 8. If any work is unsatisfactory to the project oversight inspector, it must be done again and/or modified until satisfactory at the contractor's expense, or another contractor will complete the work and the original contracted line item price will not be paid. Page 8 of 17 9. If a subcontractor, hired by the General Contractor, accidentally harms another contractor's work, the General Contractor will be responsible for required repairs, and the project oversight inspector will be notified immediately. 10. All trades must adhere to state, federal, and local codes. 11. All necessary permits must be applied for and inspections arranged by the sub- contractors and contractors. 12. All work must be accomplished in a workmanlike and diligent manner. The contract will specify a reasonable time for completion of a project. A project should be completed within the specified time limits in the contract with as few delays as possible. The finished product should be pleasing to the eye. 13. The general contractor is responsible for coordination of the work of all subcontractors such as plumbing, wiring, and carpentry. Where and when it is required, the General Contractor will coordinate with Lead and Asbestos Abatement contractors. All trades must comply with state, federal, and local regulations governing other trades. For example, during asbestos and lead removal, no other work can proceed on the project. 14. The homeowner will choose all colors and patterns. 15. Homeowners must be contacted at least one day prior to the start of the work. 16. No homeowner will be left without the use of facilities (bathroom, heat, kitchen, etc.) overnight, unless homeowner has agreed. 17. Rubbish from construction must be removed on a regular and frequent basis and should be confined to one location which is approved by the homeowner. It is particularly important not to leave rubbish or any staging at the project during any brief hiatus in the work, such as a delay in the delivery of materials. 18. All suggested name brands are consistent with the quality and Energy Star standards, and any substitutions of products must be of equal quality and standards to maintain consistency with existing materials or fixtures. In addition, any substitutions must be specified in the bidding process and approved by the project oversight inspector to maintain the consistency of quality. CARPENTRY 1. All structural wood must be construction grade or better. 2. All permanent supports of buildings and structures (including porches) shall extend a minimum of four feet below grade except when erected upon sound bedrock. 3. The diameter and footings of all concrete piers must comply with state, federal, and local codes. 4. All wood in contact with ground or masonry and supporting permanent structures shall be approved treated Wolmanized pressure treated wood. 5. All wood less than two inches above the surrounding grade, in locations subjected to pounding of water, and/or in a location subjected to dampness, shall be approved wood type (redwood, etc.) or pressure treated. 6. All kitchen and bathroom cabinets must have four sides and a bottom shelf. Fronts shall be pre-finished plywood, hardwood, or plywood with a washable veneer. 7. All locksets must be equal to or better than Schlage unless stated otherwise in the specifications. Page 9 of 17 8. All tub surrounds must be equal to or better than Sterling. All tub surrounds will be constructed of fiberglass and Gelcoat or Formica. 9. All suspended ceilings must be at least equal to Owens-Corning, pebble white, and meet fire rated requirements for specific applications. 10. All countertops must be equal to or better than Formica and be post-formed with backsplash and include factory miters and/or fixture openings. 11. All exterior doors must be equal to or better than "THERMA-TRU" Smooth-Star Fiberglass Door Model #S2100, with clear insulated glass and Low E film, include custom cut-down charge if applicable, and shall meet or exceed state and Energy Star requirements for energy conservation. 12. All areas that will have sheetrock must be left level, square, studded, furred, backed, and plumbed for sheetrock. 13. Fire code (5/8") sheetrock to be used to surround each apartment in a multi-family dwelling to provide a one (1) hour fire rating. 14. All interior doors leading to common areas in a dwelling containing more than one unit shall meet state, federal and local fire ratings. ROOFING 1. All roofing materials must be of quality equal to or better than preformed white aluminum drip edge, 15 lb. felt, 30-year architectural algae resistant shingles, aluminum back flashing, and lead cap flashing. 2. Valleys can be woven or flashed with aluminum in six (6) foot lengths. 3. All chimneys, roof flanges, etc. must be flashed, counter-flashed, and made weather-tight. 4. All low-slope roofs to have double coverage, GAF or equal with blind nailing, rubber membrane covering, peel and apply products such as "low-Slope", bituthane under covering, or shingles installed as indicated by state building code. 5. Fill in all spaces in roof sheathing. 6. Replace all deteriorated roof sheathing (if visually available from attic area) and make allowances in bid price. 7. All roof insulation shall include proper ventilation as indicated by state building codes. STORM DOORS AND WINDOWS 1. All aluminum combination storm doors must include all screens, storm sash, have a baked enamel or mill finish (owner's choice), be fitted with a self-closing device, and be equal to or better than one (1) inch door by Viking. 2. All aluminum combination storm windows must include screens and storm sash and be equal to Viking Rex or an approved equal. 3. All screens are to be aluminum. 4. The homeowner will choose either baked enamel or mill finish. 5. Fixed windows will not require a screen. 6. Unusual windows are to be custom cut and fit. 7. Unless specified otherwise, all new window installations will have a U factor and SHGC of .27 or lower, such as Harvey Classic, Norandex Viewpoint 5000 Series, MI 1555 Series (or approved equal) with matching grids and aluminum half screens. Use obscure glass in Page 10 of 17 bathrooms. Cellar windows will be either sliding, hopper, or awning according to specs. Tempered glass to be used whenever MA code dictates. When a new rough opening is required, window size shall meet minimum requirements as indicated by state building code. INSULATION 1. All attic insulation must strive for an R-factor of at least 30, where possible. 2. In floored attics being blown in, remove enough boards to fill the bays and replace boards, drill and plug with permission of owner. 3. Materials can be class#1 cellulose, loose or blanket fiberglass. 4. Allow for ventilation above insulated rafters. 5. Sidewalls to be filled to capacity when called for. At least two holes per bay (8 feet tall). 6. Ventilation to be provided at a rate of one square foot of clear vent for every 300 square feet of insulation and vapor retarded areas. 7. Walls that are opened and insulated with blanket/batt fiberglass installation to include poly vapor barrier lapped four inches. SHEETROCK 1. Use 5'8" sheetrock where one (1) hour fire rating is required. 2. Use 5/8" sheetrock where studs or joists are more than 16" OC. 3. Ceilings are to be screwed. Walls can be nailed. When sheetrock is applied over existing plaster it is to be screwed to joists or studs. 4. Moisture resistant sheetrock to be used in areas of high humidity such as bathrooms, laundry, and behind kitchen sink base. 5. Allow for any backing, blocking, shimming, furring, or studding necessary to do a square, level, and smooth job. This must be included in the bid price. 6. Sheetrock joints to be covered with tape (imbedded in compound),joints and nails/screws to be covered with three (3) coats of compound, final coat to be finished smooth and ready for paint, etc. FLOORING 1. All flooring will have a material cost listed in the specs (not including installation). Contractor will include any additional installation (labor and substrates) costs and material cost per square foot on bid form. 2. All sheet goods flooring must be applied to a smooth, dry surface. 3. Existing resilient flooring will have a plywood underlayment for new resilient flooring or cement board for tile applied over existing flooring, prior to installation of new, and include labor and material on bid form. 4. Before installing plywood or cement board on the floor in the bath, the toilet must be removed. 5. All voids and cracks must be filled with a leveling agent. 6. If a stove, toilet, plumbing fixture, electrical fixture, vanity, or anything else has to be removed and replaced, the cost of removal and replacement must be included in the bid price. Page 11 of 17 7. If the flooring is not scribed to the satisfaction of the project oversight inspector, a base shoe, carpet strip, or cove base must be installed and finished at the contractor's expense. 8. All preparation and finish of surfaces must be included in the bid. PAINTING 1. Before painting, all areas must be clean, all holes must be patched, all caulking complete, all sashes must be glazed where necessary, all peeling paint scraped and feathered, all loose wood nailed. This must be included in the bid. All severely damaged wood, siding, trim, etc. to be replaced must be included in the bid price. 2. All exterior paint must be equal to or better than Sherwin-Williams or Benjamin Moore. 3. All interior paint must be equal to or better than Sherwin-Williams or Benjamin Moore. 4. All sheetrock walls and ceilings to receive one coat of primer and two topcoats of finish. 5. All interior stain must be equal to or better than Minwax. 6. All exterior stain must be equal to or better than Cabot or Cuprinol. 7. All urethane must be applied in three coats. The first two coats are to be lightly sanded and materials are to be equal to or better than Minwax or Zip-Guard. 8. All interior and exterior watermarks, stains, or knots to be treated with at least one coat of pigmented shellac, Kilz, Bin, or Equal. 9. Check the entire contract to bid on all new work done by carpenters, sheet rockers, and other trades. Unless specified otherwise, contractor will be responsible for painting all new work. MASONRY 1. All masonry to be in accordance with the State Building Code as well as local ordinances. 2. Before repointing, all joints are to be raked to a minimum depth of %" and wetted. Tooling and color of new mortar to match existing as closely as possible from local sources. 3. Step flashing to be lead, counter-flashing maybe aluminum. 4. All new chimneys to be clay-flue lined with approved clean-outs and thimbles. All chimneys will be waterproofed prior to installation unless masonry units fulfill this requirement. PLUMBING 1. All kitchen sinks must be of a quality equal to or better than Dayton's stainless, double bowl sink. 2. All kitchen faucets must be of quality equal to or better than Delta, spray to be included. 3. All tubs to be American Standard's Builder (cast iron) or equal. 4. All tub and shower valves to be Symmons S96-2 (anti-scald) or equal. Waste and overflow to be Gerber 41-812 or equal. 5. Water closet to be Gerber or equal (water-saver). 6. One-piece lavatory to be Universal Rundle's one-piece china top or pre-formed top by Roma, Northwest Marble, or equal. Page 12 of 17 7. Unless specified otherwise, all vanity bases to be 20", 24", or 30", Universal Rundle or Old Hampshire's pre-finished vanity base. 8. Unless specified otherwise, vanity tops to be one-piece china, pre-formed or post-formed Formica top with a drop-in lavatory that is cast in china and must be American Standard or equal. 9. All vanity faucets to be Delta or equal. 10. All necessary carpentry or other trade work must be included in the bid, unless other arrangements have been made, especially in regard to vent pipes. Ask the homeowner for the least objectionable location for the vent pipe. 11. All accessible lead, steel, or brass pipe connected to a fixture that is being replaced is to be removed. 12. Install shut-offs and escutcheons for all new fixtures except tubs. 13. All work to be in accordance with the Massachusetts building code. HEATING 1. All new heating units to be Energy Star Qualified, unless otherwise specified. Heating device will include a programmable thermostat that offers four convenient pre- programmed settings and be Energy Star qualified. 2. All work to be in accordance with Massachusetts building code. 3. All related code material, such as 5/8" fire-rated sheetrock, buried oil line, thermostat, filters, and firematics to be included in the bid. All extraordinary situations that might endanger the safety of the resident or go against code to be made safe. 4. Removal of old heating unit to be included in bid. 5. All water heaters must be Energy Star qualified, unless specified otherwise. ELECTRICAL 1. All cellar light fixtures and the light fixture over the cellar stairs to be porcelain or Bakelite and include illumination bulb such as the type recommended by Energy Star. 2. All bathroom and kitchen counter top plugs must be ground-fault protected. 3. Overhead light fixtures will have a spec'd allowance per fixture unless the owner supplies fixtures. 4. All splices to be in box. 5. All bath vents to be Panasonic Whisper or equal and must be vented to the exterior. 6. All related carpentry work or other trade work must be included in the bid unless other arrangements have been made. 7. Wire mold is objectionable to many homeowners. It should be used only with the prior written permission of the homeowner. Otherwise, it will not be permitted. 8. If the bid specifications call for a switched overhead fixture, the outlet, the switch, and related wiring must be included in the bid. 9. All work must be in accordance with the Massachusetts building code. 10. All light fixtures to provide illumination will be Energy Star qualified. Page 13 of 17 16. Required Architectural Submission (Multifamily Rental Rehabilitation Projects): This section outlines the type of drawings and other documentation that sponsors must submit for rehabilitation projects that fall within these guidelines. An architect and/or construction cost estimator must prepare the plans and construction budgets applicable for each project. Site Plan: Indicate the location of the building, property lines, access to the building from the street, landscape, curb cuts, driveways, orientation (north arrow), at an appropriate scale. Existing Floor Plan: Include plans for each floor, including basement and roof. Drawings should be drawn at an appropriate scale. The existing floor plans should include the following information: • Structural elements such as existing bearing walls, columns (indicate this with a note or graphically, e.g.: shade in the structural walls). • Direction of floor joists if structural changes are being made. • Existing plumbing, ventilation chase, fireplaces and any other information that affects design. Proposed Floor Plans: Drawings should address changes of layout, removal of walls or structural elements, or any other changes. The proposed floor plans should include the following information: • Unit Floor Area (i.e., the total area within the unit exterior walls). • Room Areas (i.e., the area within the perimeter wall of the room excluding storage and closet space). • Critical overall and interior dimensions. • Vertical structural elements. • Wall thickness to scale. • Location and size of windows, indicating the window-sill height (measured from the finished floor). • Ceiling heights. • Location of mechanical equipment, meters, and electric service panels. • Location of water, gas, sewer, and electric services. • In the case of attic renovation, drawings should be provided indicating ceiling heights, knee wall heights, dormers location, etc. • All units should be built with internet connectivity, COAX cable for TV and CAT5e or better for tel/data. Elevations: Drawings should include all elevations impacted by the scope of work. Page 14 of 17 Landscaping Guidelines: This section outlines suggestions for site improvements and landscaping for projects that all under these guidelines. Site Design: • Where possible and feasible, provide usable areas such as the following where the community can meet and gather: o Safe play areas for children in multifamily developments. o Community garden areas, including planters for vegetables, herbs, flowers. o Semi-public open spaces. o Patios, front yards, porches, or balconies to encourage community interaction and provide eyes on-the-street surveillance. • Provide for alternative transportation, e.g., bike paths and storage, pedestrian links, car shares. • Provide all required accessible routes of travel, and in general, avoid use of stairs, wherever the terrain permits. Prioritize pedestrian over vehicular traffic and use traffic calming devices. Incorporate attractive well-lit pedestrian paths wherever possible. Site Demolition and Clearing: • Remediate all hazardous materials such as asbestos (ACMs), lead (LCMs), PCBs, VOC's, Arsenic, etc. carried out in accordance with all applicable local, state and federal regulations. • Provide a summary and accurate estimate of the site remediation plan, if applicable, along with grading plans. Tree/Shrub Pruning and Removal: • Remove trees that originate at foundation wall of building or present a hazard to the structure. • Remove dead trees. • Trim stump to below grade. • Prune back branches that overhang roof or brush walls of building. • Prune branches that may threaten utility connections. • Clean up and properly dispose of brush and wood. • Remove shrubs that are diseased, those that obstruct walkways, drives and pathways, and those that obstruct windows. Grading: Restore grade to include, when appropriate, a 6" minimum deep planting bed of clean loam/topsoil. New grade should slope away from buildings and fit the existing neighboring grades, particularly at street or sidewalk. Grades for usable lawn areas should not exceed twenty percent. The grade across paved areas should not exceed four Page 15 of 17 percent, or any applicable maximum slope required by accessibility or applicable site engineering standards. Paving, Fencing and Walls: • Restore walks and driveways to good condition. • Fences should generally never exceed a height of 6 feet. Material and style should be appropriate to surrounding neighborhood. Lawns: • Sod or seed new lawns. If seeded, pegged cloth or salt hay should be used to prevent erosion on slopes in excess of six percent. If lawn area is shady, seed or sod should include appropriate mix of fescues or other low maintenance grasses, which will tolerate shade. • Require general contractor to maintain all lawns throughout applicable warranty periods. Plantings: Select hardy, maintainable, regional stock. All plantings should be placed in a manner that enhances the appearance of the property and is in keeping with the surrounding neighborhood. muu pII rnw A omi fl un��niy ° nn °niw �iw� g Ac q s el IOLA LA i ty Sta for 1� II� 1. Recently Built or Rehabbed Housing. The Member Community must ensure that newly constructed or rehabilitated housing done so within one year of the expected HOME Commitment meets the applicable property standards at 24 CFR 92.251(b) (either the new construction or rehabilitation standards). If the property does not meet the appropriate standards, it cannot be acquired with HOME funds unless it is brought up to the appropriate standards. Compliance must be documented based on a review of approved building plans and certificates of occupancy and a property inspection that is conducted no earlier than 90 days before committing HOME funds. 2. Other Existing Housing — Rental. Housing not recently rehabilitated or newly constructed that will be acquired for rental housing must meet the Consortium's Rehabilitation Standards. The Member Community must inspect the housing 90 days before committing HOME funds. If the housing does not meet the Consortium's Rehabilitation Standards, it must be rehabilitated to meet the applicable property standards at 24 CFR 92.251(b). 3. Other Existing Housing — Homeownership (Downpayment). Housing must meet the Massachusetts State Building, local codes and Housing Quality Standards, ordinances, sanitary, and zoning requirements; additionally, the housing must be free of any deficiencies identified by HUD in the UPCS (24 CFR 5.705). Page 16 of 17 II 114 IIII tlllll I )n-tal Assms tance ase(e V. r c, e r ty, Sta n d a r d s ctl - ..........r n a n t,�...........1,, 1. Units occupied by households receiving HOME TBRA must meet the Housing Quality Standards at 24 CFR 982.401. Page 17 of 17 WestMetro HOME Consortium Program Administration Guidelines July 1, 2013; revised March 10, 2015 A. GENERAL ADMINISTRATION Consortium Council: The Consortium Council (Council) is the governing group of the WestMetro HOME Consortium (Consortium). The Council is comprised of the chief planning official or his/her designee, or if no such planning official exists, the chief elected official or his/her designee from the Member communities. The Council and the Representative Member, which is the City of Newton, shall meet at least quarterly or more often if requested by the Council or the Representative Member to decide issues of policy and procedure. Irrespective of the number of formally authorized Member Designees, each Member, not including the Representative Member, gets one vote on the Council. The Representative Member may only vote to break a tie. 1. Representative Member shall be responsible for but not limited to the following: a) Manage the preparation, circulation for signatures, and submission of the Mutual Cooperation Agreement to the U.S. Department of Housing and Urban Development (HUD); b) Manage the preparation, public hearing, and submission of the Consolidated Plan; c) Manage the preparation and submission of the HOME Annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER); d) Prepare and submit all required notices, plans, and performance and other reports as required by HUD; e) Ensure that all HUD requirements are met both in the overall administration and in project administration; and f) Provide template documents, as necessary, for contracts, HOME funding agreements, funding applications, etc. for use by the Members. 2. Members shall be responsible for but not limited to the following: a) Provide information required for the preparation of the Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER); b) Assist with the preparation of all required plans and reports, as needed; and, c) Obtain all local legislative and executive approvals. B. PROJECT AND PROGRAM ADMINISTRATION 1. Representative Member shall be responsible for but not limited to the following: a) Meet with Members to scope proposed Projects using the HOME Comprehensive Checklist. A Project is defined as having a unique address in which rehabilitation and/or new construction can reasonably be expected to start within 12 months of the HOME Funding Agreement date; or if the Project consists of acquisition, the property title will Page I 1 be transferred to the Member or purchaser with six months of the agreement date; or if the Project consists of tenant-based rental assistance, the Member or subrecipient has entered into a rental assistance contract with the owner or the tenant in accordance with the provisions of HOME Program Regulation §92.209. b) Review and approve (as to Project compliance) the completed Comprehensive Checklist for each project. c) Periodically monitor Members to ensure that they are complying with program requirements. 2. Member Communities shall be responsible for but not limited to the following: a) Manage all aspects of Project and program implementation; b) Schedule and participate in scoping session(s) with the Representative Member for proposed Projects and programs that include HOME funding assistance from the Consortium; c) Complete a HOME Comprehensive Checklist for each Project; and d) Comply with all applicable federal requirements for any Project, including: i. Documentation of project eligibility; ii. Completing an underwriting and subsidy layering analysis; iii. Completing environmental reviews; iv. Ensuring labor and Section 3 compliance; V. Negotiating and executing any required written agreements with any subrecipient or contractor receiving HOME assistance; vi. Ensuring post-completion compliance (e.g. housing affordability, etc.); vii. Ensuring any other administrative requirements mandated by law or regulation are met; and viii. All required Project documentation shall be maintained by the Member and available for review by HUD and/or the Representative Member. C. BNANCIAL ADMINISTRATION 1. Representative Member shall be responsible for but not limited to the following: a) Establish, account for, and maintain local HOME Investment Trust Fund account (including federal draw downs and program income, contributions, etc.); b) Process drawdowns from the Treasury account consistent with standard Consortium drawdown procedures; c) Process payment requisitions approved by Members and disburse funds from the local HOME Investment Trust Fund account to the Members and/or to their designated contractors; d) Accept and account for contributions and payments from Members and other program income to the local HOME Investment Trust Fund account ; e) Close out HOME projects in HUD's Integrated Disbursement and Information System (IDIS) upon receipt of Project Completion Report and Page 2 f) Establish and maintain a financial management system. 2. Member Communities shall be responsible for but not limited to the following: a) Prepare a Project Set-Up Report when a Project has cleared required reviews and forward report to Representative Member for processing in IDIS; b) Establish and maintain project budgets and follow Consortium budget amendment procedures (including required citizen participation procedures) for any changes; c) Process and approve requisitions and forward them to the Representative Member; d) Receive payment from Representative Member and pay subrecipients or contractors or authorize direct payment to contractors; e) Service HOME loans and establish and maintain accounts to track assets and receivables for HOME loans issued; f) Prepare a Project Completion Report, upon completion of the project, and forward report to Representative Member to process in IDIS for project close-out; g) Participate in the reconciliation of financial management system, as requested. D. ADMINISTRATIVE COSTS 1. Member Administrative Allocation: Each Member may use up to seven percent (7%) of its annual HOME allocation for HOME-eligible administrative costs (either project delivery or overall administration). 2. Representative Member Administrative Allocation: The Representative Member shall keep track of its staff's time and expenses spent on overall administration of the Consortium's HOME Program. The Representative Member is entitled to up to three percent (3%) of the HOME Program funds for administration of the Consortium, which will be deducted proportionally from each Member"s Administration funds. At the end of each program year, the Representative Member may release unused funds designated for overall administration to the Members in proportion to their annual grant for that year. 3. Overall Administration: Each Member is responsible for all of its administrative costs for its own projects and program delivery. Administrative costs are paid from either the Member's HOME administrative allocation or from other sources. 4. Expenditure Deadline: Both Member and Representative Member Administrative funds and Program Income are not subject to the 12 month Exclusive Use Period and are not relinquished to the Competitive Funding Pool but shall be expended within five years of the date of the HOME allocation. 5. Allocating Project Costs: Each Member is responsible for covering its administrative costs specific to its own Projects. The costs may be charged as Administrative or Project- delivery related costs. Project-delivery related costs are the Member's staff and Page 3 overhead costs directly related to carrying out a Project; providing advisory and other relocation services to displaced persons; and environmental review costs of the Project. These costs will be included in the Project budget, which is subject to match and subsidy limit requirements. If the Project is not completed or does not meet HOME requirements, the costs will be charged under the administrative budget. E. FUNDING 1. Annual Allocation: Each Member is entitled to an annual allocation of HOME Program funds. The allocation amount, determined by HUD on an annual basis and reduced by the Representative Member's administrative allocation, is identified in the Annual Action Plan each fiscal year and provided to the Members. In the event that HUD has not published the allocation amount for the upcoming fiscal year, the Consortium will use the most recent allocation as published by HUD. 2. Funding Schedule: Month Benchmark Actions 1 Exclusive Use Period begins 6 Consortium Council selects a Project Review Committee 6-8 Representative Member drafts Project criteria and Request for Proposals (RFP) for review by the Project Review Committee. 9 Representative Member projects amount in the Competitive Funding Pool 11 Consortium Council votes on RFP and any request(s) for a six-month extension; Representative Member distributes RFP to Consortium 12 Exclusive Use Period ends and funds are relinquished into the Competitive Funding Pool 30—45 days after Project applications are due to the Representative Member RFP is distributed 13 Project Review Committee reviews Project applications and prepares slate of recommended Projects for the Consortium Council 14 Consortium Council votes on Project applications. Representative Member notifies Members of awards 20 Funds are committed (executed HOME Funding Agreement) to a Project 24 Consortium commitment deadline for all uncommitted HOME funds Page 4 48 (Four years) All Projects must be completed' 60 (Five years) All HOME funds must be expended 3. Exclusive Use Period: Each Member shall have exclusive use of its respective HOME allocation, including the CHDO Set-Aside and the five percent CHDO Operating funds, if applicable, for a total of 12 months which is the Exclusive Use Period. The Exclusive Use Period starts the date the Representative Member confirms in writing to the Members that funds are available to be drawn down from the U.S. Treasury. Any HOME funds that are not committed by the Members to eligible HOME Projects after 12 months shall be transferred to the Competitive Funding Pool by the Representative Member for use by any Member through a Request for Proposals (RFP) process. CHDO Set-Aside and CHDO Operating funds are also subject to the Exclusive Use Period. All transferred funds are referred to as Relinquished Funds. a. During the Exclusive Use Period only, a Member may voluntarily relinquish HOME funds to the Competitive Funding Pool, or negotiate with another Member an exchange of all, or a portion of, the Member's HOME allocation for the current or future funding years upon prior written approval by the Representative Member. b. Administrative funds and Program Income are not subject to the Exclusive Use Period and are not relinquished to the Competitive Funding Pool. C. Members whose funds are relinquished and become part of the Competitive Funding Pool shall submit a signed Budget Transfer Form to the Representative Member but are not required to hold a public hearing. The Consortium's Annual Action Plan and CAPER, and their associated public hearings, informs HUD that Members' HOME Funds may be relinquished after the Exclusive Use Period. 4. Requesting an Extension: A Member may request an extension beyond the Exclusive Use Period under certain extenuating circumstances if a Member is unable to commit its HOME allocation within 12 months. A written request for an extension signed by the chief planning official or his/her designee, or if no such planning official exists, the chief elected official or his/her designee or either of their designees shall be submitted to the Representative Member no less than 15 business days prior to the scheduled Consortium Council meeting when such extensions will be deliberated. The letter shall explain the reason for the extension and include a project schedule identifying the 'Completed means that all necessary construction work has been completed and the project has received a certificate of occupancy or other local certification indicating that construction or rehabilitation has been completed and the project is ready for occupancy. For owner-occupied rehabilitation projects,completion means that all rehabilitation work has been completed,the PJ or its designee has performed a final inspection,and the homeowner has accepted the work,as indicated by a final sign-off.Source HUD Notice:CPD 12-007 Page 15 specific actions that shall be accomplished for the Member to commit the HOME funds. An extension shall be approved by a majority of Consortium Council members in attendance at the meeting where the request is heard. The Representative Member and the Consortium Council will determine what constitutes an allowable extenuating circumstance on a case-by-case basis at the meeting where the request is heard. The Member requesting an extension may argue its case, but is then excluded from both deliberating and voting. However, the Member may clarify or provide information during the discussion, as necessary. An extension may only be granted for up to six additional months from the Exclusive Use Period deadline. If HOME funds are not committed within the extension date granted by the Consortium Council, the funds will automatically be relinquished to the Competitive Funding Pool by the Representative Member. 5. Project Review Committee Membership: The Project Review Committee will be comprised of five or seven Consortium Council members including the Representative Member. Up to three alternates shall also be selected and called upon to participate in the Project Review Committee meetings in extenuating circumstances. Membership shall be representative of the WestMetro HOME Consortium and include at least one representative from the Inner Ring (Brookline, Newton, Waltham and Watertown), the Route Two Corridor (Bedford, Belmont, Concord, and Lexington) and Metrowest (Framingham, Natick, Needham, Sudbury and Wayland). Members of the Project Review Committee will be appointed by the Consortium Council for one and two-year terms initially and then two-year terms after that. Initially, membership of the Project Review Committee will be determined within seven months after the start of the Exclusive Use Period. 6. Role of the Project Review Committee: The Representative Member will initiate a draft Request for Proposals (RFP) which includes criteria for evaluating project and program proposals for the Relinquished Funds in the Competitive Funding Pool and convene a meeting of the Project Review Committee. The draft RFP, including the proposed criteria, shall be approved by the Project Review Committee. The Project Review Committee is also responsible for reviewing the applications in response to the RFP and presenting project funding recommendations to the Consortium Council. 7. Conflict of Interest: To avoid a conflict of interest, Members participating on the Project Review Committee shall recuse themselves from voting on all final recommendations made to the Consortium Council if they represent a Member community that has responded to the RFP, or if a Member is otherwise covered or prohibited from participation under the Conflict of Interest regulation found at 24 CFR §92.356. 8. Competitive Funding Pool Criteria: Criteria for evaluating Project or program proposals will be included in the RFP. The RFP and criteria, which may or may not be updated on an annual basis, requires approval by a majority of the Consortium Council in attendance Page 6 at the meeting where the RFP and criteria are reviewed. The criteria is based on the Consortium's housing needs and strategies identified in the five-year Consolidated Plan, the most current Annual Action Plan, and the Analysis of Impediments to Fair Housing Choice. Priority will be given to applications that can demonstrate the following: • Project readiness; • Projects that are to be developed, sponsored and/or owned by a designated CHDO and; • Projects located in communities with smaller HOME allocations, that are dependent on the Competitive Funding Pool process to have sufficient funds to develop an affordable housing project. 9. Applications for Relinquished Funds: After the Consortium Council approves the RFP, the Representative Member will distribute the final RFP to each Member in the Consortium. Applications for Relinquished Funds are due 30 to 45 days after the RFP is distributed. Applications shall be signed by the chief elected official and will be submitted by Member communities to the Representative Member for distribution to the Project Review Committee. The applications will be reviewed by the Project Review Committee. The Project Review Committee's recommendations are then provided to the Consortium Council who votes whether to provide HOME funds from the Competitive Funding Pool to any or all of the proposed projects. Each Member, not including the Representative Member, has one vote including Members with an application. Project approval requires a majority of votes of those Members in attendance at the meeting. The Representative Member may only vote to break a tie. 10. Project Approval Process: After the Consortium Council votes on applications for Relinquished Funds, the Representative Member will contact all Members who submitted applications and confirm in writing the results of the vote detailing next steps, as applicable. The notice to the Members will include the date that Relinquished Funds shall be committed by the Member. Next steps for awardees may include: completion of environmental review, HOME scoping and underwriting analysis, submission of budget transfer forms, etc. a. If the funded Project was not included in the Members' Annual Action Plan, the Member is responsible for holding a public hearing in accordance with the Consortium's Citizens' Participation Plan. 11. Responsibility for Completing HOME Projects: Each Member that is undertaking a HOME Project is responsible for fully completing the HOME Project within four years of commitment, the date of which is determined by the signature of each party to the HOME Funding Agreement, or the date of a HUD-approved extension. If there is an unexpended balance of HOME funds after a Project is completed and closed out in IDIS, the balance will be moved into the Competitive Funding Pool by the Representative Member. The Consortium is responsible for ensuring that each year's HOME allocation is expended within four years. Page 17 credit is available each program year for each of its projects that requires match. The Member shall notify the Representative Member of any excess match, which will then be credited to the entire Consortium, through the Consortium Council. a. Match Liability: Any Member that is not able to obtain sufficient match for its Projects or to reach agreement with another Member(s) to transfer all or a portion of that Member(s match credit, will lose an amount in the next funding year equal to the amount, if any, lost to the Consortium. These funds may be reallocated by the Council. If, however, the Consortium Council determines that the loss of funds was not the fault of the Member,the Council may waive recapture. F. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS(CHDOs) 1. Within 24 months after HUD notifies the Representative member of HUD's execution of the HOME Investments Partnerships Agreement, the Consortium shall commit not less than 15 percent of the HOME allocation for investment in housing that is developed, sponsored, or owned by CHDOs, in accordance with HOME Program Regulation §§92.300 —92.303, as they may be amended from time to time. 2. CHDO Set-Aside Funds: The CHDO commitment requirement is met cumulatively by the entire Consortium and does not need to be met individually by each Member on an annual basis. Therefore, to ensure that the 15 percent CHDO commitment requirement is achieved, the Representative Member will evaluate the Consortium's cumulative total of funds committed to CHDO Projects on an annual basis prior to the time at which the Member(s HOME budgets are determined for the Annual Action Plan. The Representative Member will determine the percentage of CHDO Set-Aside funds that each Member will be allocated on an annual basis. If the Representative Member determines — prior to the submission of an Annual Action Plan — that the cumulative total of CHDO commitments does not require a 15 percent CHDO Set-Aside for a fiscal year, then the Representative member will submit a written request to HUD seeking a reduction in the CHDO Set-Aside requirement. HUD will determine the percentage of CHDO Set-Aside funds it deems appropriate. This percentage will be reflected in the fiscal year's Annual Action Plan budget. 3. CHDO Operating Fund Allocations: The HOME Consortium will set aside 5 percent of its annual HOME allocation for CHDO Operating Funds. The funds will be awarded to one or more qualified CHDO(s) through a competitive Request for Proposals process open to any non-profit organization conducting business within the Consortium's service area. The Project Review Committee will review the responses to the request for proposals and make its funding recommendation(s) to the Representative Member. The Representative Member, or its designee as approved by the Representative Member, shall administer the CHDO Operating Funds agreement(s) on behalf of the Consortium. Page 18 4. Performance Expectations: A CHDO will only receive Operating Funds if it can demonstrate to the Consortium that it can reasonably expect to have a viable CHDO project within 24 months of executing an agreement for Operating Funds. As part of the proposal evaluations and prior to awarding Operating Funds, the Representative Member shall certify that it has evaluated the financial and organizational capacity of the CHDO(s), and has determined that the organization(s) have demonstrated that it has staff with demonstrated development experience in accordance with the Consolidated and Further Continuing Appropriations Act of 2012, the HOME Final Rule and any subsequent requirement(s). 5. Relinquished CHDO Funds: Irrespective of the percentage of CHDO Set-Aside funds allocated to Members on an annual basis, all uncommitted CHDO funds are subject to transfer to the Competitive Funding Pool after the 12 month Exclusive Use Period. However, if the Representative Member determines that the total CHDO Set-Aside commitments for a given fiscal year meets the annual requirement as described in the Mutual Cooperation Agreement—Set-Aside and Operating Funds for Community Housing Development Organizations, the Representative Member may, on a case-by-case basis, allow Members to use their percentage of CHDO Set-Aside Funds for commitment toward non-CHDO Projects prior to the expiration of the Exclusive Use Period. Page 19 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Joint Meeting- Board of Selectmen and Housing Partnership Board PRESENTER: ITEM Mark Racicot Director Land Use NUMBER: Division, Metropolitan Area P lanning Council I.4 SUMMARY: Chapter 40R seeks to substantially increase the supply of housing and decrease its cost, by increasing the amount of land zoned for dense housing. C hap ters 40R and 40 S serve to reimburse cities and towns for the additional costs of educating new s c ho o l- age children in smart growth districts. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 7:40 p.m. ATTACHMENTS: Description Type D 40S) F.kickup Mllatetial I'll/ ",�'�11 MEMEN/ A 4� jr Tr`l Al j ONE If 6 Awl Ji. A,f)I, ff, 01111"Ic 11211 PON" NINE IM MIN 4r, "FIRPONA, #fFWAI! oil ....................... I im m A flUf) ,IfifIf", 4, ft wJ I'M vi ...........//, Win mmm Hn rig I'�I�I�I�I�';I I IJIIIIIIJIIIIIIIIIIII;;I;;I;;,, iip,�ll��l��1,,I;,,;;II�;;IIIII�IIIIIIII V I r u II umiluuuu i I �llll�ili u „ V Y II A P II D 8 II � (All 4,"OJ' .... LA 4, Nod 4mJ Yf i I Loom, P Y � f W SAW" x 0 rr 0� N Itl E�j unm u Ul' 'I IJ _ 1 n it U fib r� ,�r� m co 0 .............. MIOil low' ' ........... ... 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"� , u� a.� ray a) ell „ Ja CL CL F CL mi Lm 0 gr atl � w " �J 4OR DISTRICTS/ACTIVITY 10/31/2019 Approved Districts(received DHCD final/conditional approval) Municipalities:43 Di i Eligible Location* District Year Future Units built Community District Name Size** Adopted/ Zoned /bldg. Transit ACD HSL (acres) Amended Units*** permits issued**** Amesbury Gateway Village X 52 2007 249 240 Belmont Oakley Neighborhood X 1.51 2008 18 18 Beverly SGOD(Sohier Rd) X 5.1 2017 101 Boston Olmsted Green X 42 2008 578 159 Bridgewater Waterford Village X 128 2008 594 Brockton Downtown(amended X 127 2007 3,812 140 Brockton Thatcher St HOD X 15.7 2017 175 Chelsea Central Ave SGOD X 2.83 2019 330 Chelsea Gerrish Ave X 2.82 2006 125 120 Chicopee Chicopee Center SGOD X 25.62 2010 1,092 41 Danvers Maple Street TND SGOD X 16.8 2017 211 Dartmouth Lincoln Park X 40.65 2006 319 84 Easthampton Smart Growth Overlay District X 149 2010 482 50 Easton Queset Commons X 60.66 2008 280 110 Fitchburg West SGOD(initial) X 33.2 2010 676 283 Fitchburg Downtown SGOD X 8.8 2019 570 Grafton FishenAlle Mill X 13.74 2007 240 Great Barrington North SGOD X 36.74 2017 304 Great Barrington South SGOD X 39.17 2017 190 Haverhill Downtown(amended 5/ /17) X 58 2007 701 362 Holyoke Smart Growth Overlay District X 152 2008 296 59 Kingston 1021 Kingston's Place X 109 2007 730 Lakeville LS-NR SGOD(amended /11/1 ) X 33 2006 353 314 Lawrence Arlington Mills X 34.1 2008 1,031 238 Lawrence Downtown SGD X 205 2019 2,263 Lee SGOD(Eagle Mill) X 9.88 2018 119 Lowell SGOD(amended 5/1 / X 2.5 2008 250 122 Ludlow Smart Growth Overlay District X 186.8 2014 350 75 Lunenbur Tri-Town X 8.97 2006 204 131 Lynnfield Meadow Walk X 80.25 2007 180 180 Marblehead Pleasant Street X 0.33 2010 17 Marblehead Vinnin Square X 1.56 2010 47 Methuen Methuen Center SGOD X 54.4 2018 350 14 Natick SGOD X 5 2008 138 138 Newburyport SGOD X 49.4 2015 540 76 N.Andover Osgood X 169 2007 530 N. Reading Berry Center/Edgewood Apts. X 46 2006 434 406 Northampton Urban Residential SD X 0.5 2017 31 31 Northampton Village Hill SD(amended 12/ / ) X 30.56 2008 429 149 Norwood Guild Street/Regal Press X 0.57 2014 44 40 Norwood St.George Ave X 0.78 2006 15 15 Pittsfield Smart Growth Overlay District X 10.72 2008 296 112 Plymouth Cordage Park X 56.8 2007 675 155 Reading Downtown(amended / /1 ) X 41.46 2008 459 103 Reading Gateway X 10 2010 202 200 Rockland DRROD X 33.8 2017 187 Sharon Sharon Commons X 11.55 2009 167 192 South Hadley Newton Street SGD X 35.39 2018 354 South Hadley S. Hadley Falls SGOD X 48.27 2015 383 Swampscott Vinnin Square X 2.27 2015 68 Wellesley Wellesley Park SGOD X 26.55 2019 600 Westfield Southwick Road X 22.2 2008 244 Woburn Woburn Mall SGOD X 23 2019 350 350 Tota I s: 13 1 22 1 18 2,361 23,383 4J07 Total ***min.#- Eligible/Pending Districtstamendments(yet to adopt/receive final approval) Eligible: may not Eligible Location* District/ Eligibility NEW include Community District Name Expansion Expires(if Future newly- Transit ACD HSL Size** not Zoned zoned (acres) adopted) Units units on Danvers Downtown Corridor SGOD X 75.7 10/28/22 625 Substnly. Grafton N. Grafton Transit Village X 8.8 02/26/22 174 Dev. Land Rochester Cranberry Highway SGOD X 8.8 05/15/22 208 Sudbury Melone SGOD X 5.95 02/26/22 101 Totals 1 1 2 99 19108 *Transit=w/in 1/2 mile of transit station ****May include units Proposed/Currently Under Review Districts ACD=Area of Concentrated Development w/incomplete Community District Name HSL=Highly Suitable Location documentation www.mass.gov/hed/40r 40R/40S Smart Growth Districts Summary of Requirements 760 CMR 59 C. Kowalski, Assistant Town Manager for Development Upon local adoption of a 40R Smart Growth District zoning change, the state awards incentive payments to the community and also as building permits are issued under that zoning. 40S makes payments to certain qualifying 40R communities to financial impacts to local schools. Below are excerpts and summaries of key requirements for 40R and 40S. Housing Density Housing density in a proposed smart growth district shall be at least: 20 units per acre for multi- family housing on the developable land area, 8 units per acre for single-family homes on the developable land area, and 12 units per acre for 2 and 3 family buildings on the developable land area. Housing density in a proposed starter home district shall satisfy the following criteria: (a) the density shall be no less than 4 units per acre of developable land area; (b) the development shall emphasize smart growth principles of development, such as cluster development and other forms of development providing for common open space usable for passive or active recreational activities, or the use of low-impact development techniques; and(c) at least 50 per cent of the starter homes to be developed in a proposed starter home district, excluding accessory dwelling units, must contain 3 or more bedrooms. Affordability The zoning ordinance or by-law for each proposed smart growth zoning district shall provide that not less than 20 per cent of the residential units constructed in projects of more than 12 units shall be affordable housing and shall contain mechanisms to ensure that not less than 20 per cent of the total residential units constructed in each proposed district shall be affordable housing. The zoning ordinance or by-law for each proposed starter home zoning district shall provide that, as a condition of the increased density permitted in a starter home zoning district, not less than 20 per cent of the residential units created as starter homes shall be affordable to and occupied by individuals and families whose annual income is less than 100 per cent of the area median income as determined by the United States Department of Housing and Urban Development, and shall contain mechanisms to ensure that the required percentage of the total residential units constructed in each proposed starter home district shall meet such affordability requirements, including an affordable housing restriction, as defined in section 31 of chapter 184, that has a term of not less than 30 years. Design Guidelines 40R Section 10—Allows for the adoption of Design Standards in the community's 40R District zoning. Eligible Locations Highly Suitable Location. A location that, as determined by DHCD based on satisfactory documentation provided by the Municipality, is consistent with the statutory goals for Smart Growth, including the production of Starter Homes, set forth in M.G.L. c. 40R, § 1 and 760 CMR 59.00. (a) To qualify as a Highly Suitable Location, an area must, at a minimum, be one of the following: G:\AGENDAS\Meeting Packets\110419\40R Eligibility summary.docx 1 1. within a Substantial Transit Access Area; 2. within an Area of Concentrated Development; 3. for Starter Homes, an area zoned for residential use that is not otherwise eligible to be a Highly Suitable Location,only if all or a portion of the Starter Home Zoning District has Pedestrian Access within a distance of no more than 3/4 mile to a Pedestrian Destination and the Starter Home Zoning incorporates Cluster Zoning so as to permit Cluster Development, and requires all development under the Starter Home Zoning to utilize Low Impact Development Techniques and to include features that encourage walking within Starter Home Projects; or 4. a location, not otherwise eligible to be a Highly Suitable Location, where residential or Mixed-use Development would nonetheless promote Smart Growth, as demonstrated by the Municipality through documentation satisfactory to DHCD, demonstrating the degree to which: a. the location is near a rapid transit or commuter rail station or bus or ferry station terminal, though not within a Substantial Transit Access Area; b. the location has Pedestrian Access within a distance of 3/4 mile to a Pedestrian Destination; c. proposed zoning in the location and existing zoning near the location will encourage compact, land-use-efficient design, and Mixed-use Development; d. infill and redevelopment of previously-developed areas with Infrastructure are likely to occur that will help to preserve open space, farmland, natural beauty, and critical environmental areas elsewhere in the Municipality; and e. prior identification as an appropriate locus for higher-density housing or higher-density Mixed-use Development in an adopted regional or state plan. (b) Factors DHCD may consider in determining whether a location that does not qualify under 760 CMR 59.04(1)(a) as being either within a Substantial Transit Access Area or an Area of Concentrated Development is nonetheless a Highly Suitable Location for a District include, without limitation, the extent to which the area is characterized by: 1. Infrastructure, including access to public facilities for storm water and wastewater transport, treatment and disposal and public water supply; 2. Multi-modal Access; 3. Existing Underutilized Facilities; or 4. a location within or immediately adjacent to a Priority Development Area. G:\AGENDAS\Meeting Packets\110419\40R Eligibility summary.docx2 (c) An area will not qualify as a Highly Suitable Location if more than 50% of the proposed District contains Prime Farmland Soils on state-owned land. If more than 50% of a proposed District has Prime Farmland Soils that are not state-owned, DHCD may take into account the availability of other potential Highly Suitable Locations in the Municipality, and may request additional information from the Municipality, to determine whether the proposed District qualifies as a Highly Suitable Location. (d) DHCD may from time to time issue guidance as to other factors that are relevant to the determination of whether a location is Highly Suitable. Key Eligibility Criteria Definitions Substantial Transit Access Area. A location that comprises: (a) In the case of a Smart Growth Zoning District, part or all of the land located within 1/2 mile distance of any rapid transit or commuter rail station, bus or ferry terminal (measured from the entry point(s) to the passenger platforms); and (b) In the case of a Starter Home Zoning District, part or all of the land located within a one mile distance of any rapid transit or commuter rail station, bus or ferry terminal (measured from the entry point(s) to the passenger platforms). Area of Concentrated Development. (a) An area: 1. That includes a city or town center; contiguous, previously developed portions of an existing commercial district that are substantial in the context of the Municipality; or a rural village district; the boundaries of which are clearly identified and submitted on a corresponding map; 2. That, except in the case of an existing rural village district as set forth in 760 CMR 59.02: Area of Concentrated Development(b) is currently served or scheduled to be served(as shown by sufficient documentation) within five years of the 40R Zoning Application by public sewer(s) and/or private sewage treatment plant(s) (applicable to Smart Growth Zoning Districts only); 3. Of which at least 50% of the total land area is either Substantially Developed Land or Underutilized Land; and 4. Of which the primary current use (or, in the case of Underutilized Land, the primary current zoning) of land and/or buildings is commercial (including retail, office, or industrial businesses) or mixed-use. Land designated as a commercial center under M.G.L. c. 40, § 60 qualifies as an Area of Concentrated Development. (b)Notwithstanding anything to the contrary in Area of Concentrated Development, in areas that are not sewered or scheduled to be sewered, an existing rural village district will still qualify as an Area of Concentrated Development if: 1. it includes the Municipality's principal road intersection or other civic center point of the Municipality approved by DHCD and is characterized by the most Substantially Developed portions of the surrounding village area plus any land that would otherwise qualify as Substantially Developed Land or Underutilized Land within up to 1/2 mile distance of such principal road intersection or other approved civic center point; 2. it contains two or more of a town hall, post office, public library, public school, or public safety facility, or it contains an existing village retail district; and 3. at least 50% of the total land area within the existing rural village district is either Substantially Developed Land or Underutilized Land. See 760 CMR 59.04(1)(a)2. Starter Home. A single-family home not exceeding 1,850 square feet in heated living area, not including any associated Accessory Dwelling. Starter Home Zoning District. A District consisting of not less than three contiguous acres of Developable Land area, adopted by a Municipality pursuant to its Starter Home Zoning, that is superimposed over one or more zoning districts in an Eligible Location. G:\AGENDAS\Meeting Packets\110419\40R Eligibility summary.docx3 Discussion If not in an Area of Concentrated Development(i.e. area that includes a city/town center or other previously-developed commercial district), an area in proximity to a bus stop would nonetheless be a factor that DHCD could take into consideration in determining if the location qualified under the "Other Highly Suitable Location" Eligible Location category. A location on a bus route and immediate proximity to jobs/commercial might support designation under the Other Highly Suitable Location category. If a site is actively in use /occupied by a viable business, in reasonable condition, it would generally be considered Substantially Developed Land and NOT factored into the Zoning Incentive Payment, unless there is sufficient evidence, such as a bona fide development proposal, in order for DHCD to consider it Underutilized/Developable Land that could be factored into the Zoning Incentive Payment. DHCD Turn-around time 40R: DHCD takes an average of 72 days to approve a letter of eligibility for new 40R districts, and on average 19 days to issue the final approval letter after the Town adopts the 40R zoning. Application Turn-Around Time (# of Days) Letter of Letter of Community Eligibility Approval Lee 66 N/A Danvers 88 N/A Beverly 72 25 Methuen 107 30 Northampton 90 10 Rockland 45 15 Great Barrington 45 20 Reading 60 14 Average 72 19 40S Unlikely for Lexington The 40 S formula is the cost of educating new students living in new housing in the smart growth district, minus: (new property taxes plus excise taxes) x (average % of total local spending on education in MA), and minus any increase in other state education funding that is a direct result of these new students. In 2018, only two Massachusetts communities received 40S payments, Lakeville and Lunenberg. Both have 50-100% affordability in their 40R districts. Chelsea qualified for one year. Lexington is unlikely to qualify, given the funding formula and that Lexington would not likely approve a 50-100% affordable 40R. DHCD staff opined that, based on the payment formula and this extremely small sample size, his sense was that an unsubsidized 40R project with just the minimum affordability(20% g 80% of Area Median Income), is unlikely to trigger a 40S payment, perhaps particularly in an affluent community with high real estate values and relatively high real estate taxes. G:\AGENDAS\Meeting Packets\110419\40R Eligibility summary.docx4 7/22/2019 Smart Growth/Smart Energy Toolkit Modules-Chapter 40R(and Chapter 40S)I Mass.gov Mass.gov Smart Growth Smart Energy Toolkit Modules - Chapter 40R hand Chapter 40S) Learn about the Smart Growth/Smart Energy Chapter 40R (and Chapter 40S) module. Overview Chapter 40R of the Massachusetts General Laws encourages cities and towns to establish new overlay zoning districts to promote housing production and, more generally, smart growth development. Chapters 40R and 40S both provide financial incentives to communities to adopt these new zoning districts. Introduction In order was created to encourage smart growth consistent housing production in the Commonwealth. Under Chapter 40R, communities that adopt special zoning districts allowing as-of-right higher density residential development are provided financial rewards. Smart growth zoning districts can be in one of three locations: 1. Areas near transit stations, including rapid transit, commuter rail, and bus and ferry terminals 2. Areas of concentrated development, including town and city centers, other existing commercial districts in cities and towns, and existing rural village districts https://www.mass.gov/service-details/smart-growth-smart-energy-toolkit-modules-chapter-40r-and-chapter-40s 1/5 7/22/2019 Smart Growth/Smart Energy Toolkit Modules-Chapter 40R(and Chapter 40S)I Mass.gov 3. Areas that by virtue of their infrastructure, transportation access, existing underutilized facilities, and/or location make highly suitable places for residential or mixed use smart growth zoning districts. Characteristics • Districts must be overlay and not base zoning. • Typically districts cannot exceed 15% of local land area, though the Department of Housing and Community Development (DHCD) can be petitioned to approve up to 25%. • While all residential and mixed use development must be as-of- right in a smart growth zoning district, communities can use design review to regulate the physical character of the development as long as requirements are not unduly burdensome. • Twenty percent of the housing in the district must be affordable to those earning 80% or less of the median income and be deed restricted for at least 30 years. • The district must provide a minimum allowable density of eight units per acre for single-family homes, 12 units per acre for two and three family buildings, and/or 20 units per acre for multi-family dwellings. • Smart growth zoning districts must provide a range of housing opportunities for a diverse population including households with children. i aiIVV I�i�,I I I i1l�rlutV{l r r War Jg" 9llan4JhrlU91'i/� %/''" fi li l Jv. P I; i 1, J i 1 i y p G Vf 9 i p i i r r r: r.. t i 8 �ts Per I ' https://www.mass.gov/service-details/smart-growth-smart-energy-toolkit-modules-chapter-40r-and-chapter-40s 2/5 7/22/2019 Smart Growth/Smart Energy Toolkit Modules-Chapter 40R(and Chapter 40S) Mass.gov a iIAI�'IVpi^! 0 ' PE� y YU i' ,, 0011 I ✓ 11 �,Illh, 1'l ryuU irnrrl� I�' � NF lr,r OJ If 1 MIN I t 1 / /r 5 YI Y! i 1 iraiii Ali 1 i ,, & flu a ill" AwNnrufa 1 . 12 Units Per Acre IrRDj w i 20 1 i i ; „ i i �"ir b1NUiu i / I ��% ,11` ;"r ,: I r fNvIrfrrflls»llryroiyY��,,�wilgl I� �),@, I II, 'fir YIIllIN/', / n Units PIe Acre Any community with a population of less than 10,000 people may request a reduction from the minimum allowable density requirements. The community will need to show that: • compliance with the density requirements would create a hardship and that any proposed reduced density would be consistent with the smart growth goals of Chapter 40R. • development at the required densities: • would be highly inconsistent with the existing physical environment of the community • would create significant risks to water pollution due to poor soils • cannot be feasibly served by a piped water system. Approval Late Before adopting a smart growth zoning district, communities must apply to DHCD for district approval. The Department must determine if the proposed location is an eligible site and must also approve the proposed zoning regulations and design standards. Once an application has been approved by the Department, a community then adopts the zoning regulations for the overlay district. Communities that adopt smart growth zoning https://www.mass.gov/service-details/smart-growth-smart-energy-toolkit-modules-chapter-40r-and-chapter-40s 3/5 7/22/2019 Smart Growth/Smart Energy Toolkit Modules-Chapter 40R(and Chapter 40S)I Mass.gov districts receive an approval letter from the Department. The community is then eligible for incentive and bonus payments. F 0 0 0 iincentives A primary purpose of Chapters 40R and 40S is to provide a financial incentive to communities to build smart growth consistent housing. Four types of incentives are offered. 1) Zoning Incentive Payments: Upon approval of a district a municipality receives a zoning incentive payment. The amount of the incentive payment is based on the potential number of new housing units (The maximum number of units possible under the 40R overlay zone minus the total number of units permissible under the previous zoning.) that can be constructed in the district. The incentive payment is disbursed to the community after the issuance of the approval letter by the Department. Payments ranges include: • $10,000 for up to 20 units • $75,000 for 21-100 units • $200,000 for 101-200 units • $350,000 for 201-500 units • $600,000 for 501 or more units of housing 2) Bonus Payments: A community will also receive a bonus payment of $3,000 for each unit of new housing unit built in the district which is payable once the building permit has been issued for the housing unit. 3) Educational Costs (Chapter 40S): Communities are reimbursed for any net cost of educating students living in new housing in a smart growth district. The reimbursement is equal to the cost of educating students living in new housing in a smart growth district minus the percentage of new revenues from the district that would be otherwise be devoted to educational costs and any increase in state educational aid resulting from students living in new housing in the district. https://www.mass.gov/service-details/smart-growth-smart-energy-toolkit-modules-chapter-40r-and-chapter-40s 4/5 7/22/2019 Smart Growth/Smart Energy Toolkit Modules-Chapter 40R(and Chapter 40S)I Mass.gov 4) Funding Preference: When awarding discretionary funds, DHCD and the Executive Offices of Environmental Affairs, Transportation, and Administration and Finance must give preference to municipalities with an approved smart growth zoning district. Did you find what you were looking for on this webpage? �umuuumii wo Yes No um � https://www.mass.gov/service-details/smart-growth-smart-energy-toolkit-modules-chapter-40r-and-chapter-40s 5/5 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Grant of Location for Verizon Pole: Lincoln Street - Continuation of Hearing PRESENTER:TER• ITEM S NUMBER: Steve Bigley, UC Synergetic I.5 SUMMARY: Hearing was continued from the August 5, 2019, September 9, 2019, September 23, 2019, October 7, 2019 and October 28, 2019. Verizon New England Inc. and N S TAR Electric Company D/B/A Evers ours e Energy request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures, to be owned and used in common by your petitioners, along and across public way on Lincoln Street: Relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street. Placement one (1) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 34' westerly from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street. SUGGESTED MOTION: Move to Approve the relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street and the P lac ement one (1) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 34' westerly from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street. FOLLOW-UP: S treet op ening p en-nits with Engineering will b e required to dig in right o f way DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:10 p.m. ATTACHMENTS: Description Type F) Petition.arid Plan I incoln.Street 13ackup F) (A.)nAlractor C.I.m.fir,rriation.of Agreerrient to Pole I k.)callion 13,,,ickup Nhaferial F) 'I I errj,.)l.e.I.saiah.Cbri.fin-nation.of Agr ernent to Pole.[�.)cation 1.Iackup Material. PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS October 25, 2019 To the Board of Selectmen in LEXII' GTON, Massachusetts VERIZON l'SF.W E,NGLAND INC.and l' STAR ELECTRIC COMPANY D/BIA EVERSGUR.CE ENERGY request permission to locate pales,wires,cables and fixtures including the necessary anchors, guys and ether such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: Lincoln Street: Relocation of one(1)JCS pole,P.55116,on the northerly side of Lincoln.Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street. Placement one(1)JO pole,P.55/16A,on the northerly side of Lincoln Street to a point approximately 4'westerly from the current location of existing pole,P.55/16, located on the northerly side of Lincoln Street. This pale placement is necessary to provide new services. Wherefore they pray that after due notice and hearing as provided by law,they be granted joint or identical locations for and permission to erect and maintain poles,wires and cables,together with anchors, guys and ether such sustaining and protecting fixtures as they may find necessary,said poles to be erected substantially in accordance with the plan filed herewith marked-VZ N.E.Inc.Plan No.4AOH4TQ Dated October 25,2019. ,Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioners agree that space shall be reserved and maintained for the limited purpose of attaching one-way low voltage fire and police signaling wires owned by the municipality or governmental entity for public safety purposes only. VERIZON NEW F'.NGLAND INC. ............... Karen L�evesgUe - Maiia ""'................ ......- Eights of�r'Vay Dated this_ . tl_day of-------Octob r 2019. NSTAR " 1 6""'I RIC f rA /B`/A FVERSOURCE ENERGY By. Right f ay Dated this "'ay of. . ,2 19., Page I of I PETITION PLAN LEXI NGTON 4AOH4TQ MUNICIPALITY VZ. N.E. INC. NO. VERIZON NEW ENGLAND, INC AND OCTOBER 25,2019 NSTAR ELECTRIC COMPANY Df Bf A EVERSOURCE ENERGY DATE : SHOWING PROPOSED RELOCATION OF ONE POLE AND INSTALLATION OF ONE NEW POLE ON LINCOLN STREET NORTH 43 Lincoln St. W E PARCEL: 50//24C// 39 Lincoln St. •� PARCEL: 50//25// S 41 Lincoln St. PARCEL: 50//24 B/ 45 Lincoln St. PARCEL: 50//23// `� ' 38 Lincoln St. ` Existing Pole ; \ PARCEL: 50//4A// \ P.55/16 to be Relocated �4k v X( \ New Pole "� 40 Lincoln P.55/16A to St. \` i .� `\ 55 Lincoln St. be Placed �� •/ PARCEL: 50//5// PARCEL: 50//22 B// .• � \ i Existing Pole P.55/17 to be Remain 44 Lincoln St. \.PARCEL: 50//250/ A� \ CO \ 46 Lincoln St. \ V \\ PARCEL: 50//6// i i 48 Lincoln St. PARCEL: 50//7// i NOT TO SCALE LEGEND ------- AV EXISTING JOINTLY OWNED POLE PROPERTY LINE TO BE RELOCATED EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE TO REMAIN EDGE OF ROADWAY ® PROPOSED NEW JOINTLY OWNED POLE TO BE INSTALLED ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS By the Board of Selectmen of the Town of LEXINGTON, Massachusetts. Notice having been given and a public hearing held,as provided by law, IT IS HEREBY ORDERED: that VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERS OURCE ENERGY be,and they are hereby granted joint or identical locations for and permission to erect and maintain poles and their respective wires and cables to be placed thereon,together with anchors guys and other such sustaining and protecting fixtures as said Companies may deem necessary, in public way or ways hereinafter referred to,as requested in petition of said Companies dated the 14th day of June,2019. Lincoln Street: Relocation of one (1)JO pole,P.55/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street. Placement one(1)JO pole,P.55/16A,on the northerly side of Lincoln Street to a point approximately 34' westerly from the current location of existing pole,P.55/16, located on the northerly side of Lincoln Street. This pole placement is necessary to provide new services. All construction under this order shall be in accordance with the following conditions: Poles shall be of sound timber, and reasonably straight and shall be set substantially at the points indicated upon the plan marked-VZ N. E. Inc.No.4AOH4TQ in a package Dated October 25,2019 - filed with said petition. The following are the public ways or parts of ways along which the poles above referred to may be erected,and the number of poles,which may be erected thereon under this order: Lincoln 1 JO pole to be relocated 1 JO pole to be placed Also that permission be and hereby is granted to each of said Companies to lay and maintain underground laterals,cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen for the Town of LEXINGTON, Massachusetts held on the day of 2019. Board of Selectmen Clerk Page 1 of 2 We hereby certify that on 2019,at o'clock m.,at the a public hearing was held on the petition of the VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY for permission to erect the poles,wires,cables,fixtures and connections described in the order herewith recorded, and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate(as determined by the last preceding assessment for taxation)along the ways or parts of ways upon which the Companies are permitted to erect poles,wires,cables,fixtures and connections under said order. And that thereupon said order was duly adopted. Board of Selectmen of the Town of LEXINGTON,Massachusetts CERTIFICATE I hereby certify that the foregoing is a true copy of a joint location order and certificate of hearing with notice adopted by the Board of Selectmen for the Town of LEXINGTON,Massachusetts,on the day of 2019,and recorded with the records of location orders of said Town,Book ,Page . this certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk Page 2 of 2 Kim Katzenback From: Frank Baudanza Sent: Tuesday, October 29, 2019 12:35 PM To: Levesque, Karen Subject: [E] Re: REMINDER - Matter of Petition for Verizon job#4AOH4TQ, Lincoln Street - Scheduled for the 11/4/19 Board of Selectmen meeting Baudanza Electric Company, Inc. 328 Great Road Bedford, Ma 01730 781-275-6662 781-275-6679 MA Lic:7755A NH Lic:3457M Good Afternoon, We approve and are in agreement on the revised plan for the new location of Verizon pole as shown in updated map for 45 Lincoln St. Lexington, Ma. Regards Frank Baudanza, Pres. From: "karen levesque" <karen-levesque@verizon.com> To: Frank Baudanza Cc: kkatzenback@lexingtonma.gov Sent: Tuesday, October 29, 2019 12:11:23 PIVI Subject: FW: REMINDER - Matter of Petition for Verizon jobs# 4AOH4TQ, Lincoln Street- Scheduled for the 11/4/19 Board of Selectmen meeting Hi Frank., As we discussed on the phone could you please state your approval of the revised pole location? I have attached the updated plan and the new location is also marked out in the field. Please let me know if you have any questions. Thank you, Karen Venzonil Karen Levesque Engr III Spec-Ntwk Eng&Ops 385 Myles Standish Blvd Taunton., MA 02780 Office:774-409-3170 Mobile:774-504-1279 Kim Katzenback From: Steven Jaworski Sent: Friday, October 25, 2019 1:11 PM To: Levesque, Karen;Albisu, Gabriel J Cc: Kim Katzenback Subject: [E] RE: Matter of Petition for Verizon job#4AOH4TQ Lincoln Street - Abutter Temple Isaiah Hi Karen, Thanks for the revised plan. I appreciate the opinion of the Police, but the people who use this entrance/exit are quite impaired or elderly and would benefit from every advantage we can offer them.Apart from that, if the pole is 8 feet away from our property line and that is confirmed on the ground by a civil engineer,then I think we can live with that. Regards, Steven Jaworski Facilities Mgr. Temple Isaiah of Lexington From:karen.levesque@verizon.com <karen.levesque@verizon.com> Sent: Friday.,October 25, 2019 9:42 AM To:Steven Jaworski, gabriel.albisu@verizon.com Cc: kkatzenback@lexingtonma.gov Subject: RE: Matter of Petition for Verizon job#4AOH4TQ Lincoln Street-Abutter Temple Isaiah Hi Steven, I have attached a revised plan for your review. It is my understanding that Mr.Jeff Goldberg met on site with our engineers and agreed on the new location. I also have an email from Police Captain Michael McLean that states the original location of the pole did not create a line of site issue. We have since moved the pole 8' further away from the property line. We are placing and relocating the proposed poles to provide new services. Please let me know if you are in agreement. Thank you, Karen AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Presentation- 2019 S T M Article 6 - Amend Zoning Bylaw to Restrict Automatic Teller Machine as Principal Use in the Center Business District PRESENTER: ITEM Jerry Michelson Chair of Lexington NUMBER: Center Committee & Bob Creech, Chair of P lannin g Board I.6 SUMMARY: Jerry Michelson, Chair of Lexington Center Committee, will up d ate the Board on 2019 S T M Article 6 OAmend Zoning Bylaw to Restrict Automatic Teller Machine as Principal Use in the Center Business District. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:15 p.m. ATTACHMENTS: Description Type N V �6 4--J c N N � V CO ton E 00 moZ L M0 W N ;< C� 0 U a� — o a� C/) 0 0 a� C/) 0 c� a� a� a� Q. 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When the Board discussed in October, the Board agreed to inc lud e a noise provision that limited noise between 10 PM and 6 AM. I have redrafted that section of the MO U and have worked with the attorney(Ed Grant) for the proponent and we are in agreement on the revised wording as presented in the attached. SUGGESTED MOTION: Move to approve the Memorandum of Understanding between the Town of Lexington and 186 Bedford Street LLC as attached. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:25 p.m. ATTACHMENTS: Description Type Memorandum of Understanding("MOU")between 186 Bedford Street, LLC ("Owner") and the Town of Lexington, Massachusetts ("Town") For 186 Bedford Street, Lexington(the "Property")November 4, 2019 I. Background 186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the Owner purchased it from Eliot Community Health Services ("Eliot") in September 2018. The Property, a 1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a one story addition built in 1969 (the "1969 Addition"), and a one story accessory building(the "Barn"), and contains access driveways, surface parking areas, a garden, and landscape/hardscape improvements. The Building and Barn are listed in the Lexington Cultural Resources Inventory and Massachusetts Historical Commission database as structures with historical value. The Owner has proposed to rezone the Property from the present RS One Family Dwelling District to create a Planned Development District to allow for renovation and addition to the existing buildings on the Property. The Owner plans to demolish the 1969 Addition,preserve and renovate the Building and the Barn, construct a new addition to the Building (the "New Addition"), and implement additional site improvements (the "Site Improvements"). The Owner proposes to use the Property as a mixed-use residential and commercial development(the "Development") (together with the Site Improvements, the "Project"). A residential component of the Development will include 13 one- bedroom apartments, including four affordable housing units, all located on the second floor and attic levels of the Building and the New Addition(the "Living Units"), resulting in a 30% affordable housing commitment and allowing all 13 units to be counted toward the Town's affordable housing inventory. The commercial component of the Development will be located on the ground floor of the Building and New Addition, and will be used for the Owner's salon business and other businesses. The Barn will be used as office space for management of the Owner's salon, the Property, and other family businesses. The Town, acting through the Lexington Town Meeting, is expected to consider, and may approve, a Preliminary Site Development and Use Plan at the 2019 Fall Special Town Meeting for the PD-4 District in connection with the Project(the "PSDUP"). In the event that the Lexington Town Meeting approves the PSDUP, this MOU between the Owner and the Town, acting by and through its Board of Selectmen, sets forth certain additional mitigation measures to be completed or undertaken by the Owner as part of the Project. This MOU supplements the obligations and commitments of the Owner as established in the PSDUP. This MOU shall not negate the obligations and commitments of the Owner in any other permit, certificate or approval issued, or which may later be issued, by the Town in connection with the Project. II. Traffic A. Financial Contributions &Mitigation Measures 1. The Owner shall provide bicycle parking within the Project. 1 2. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall make a one-time financial contribution of$30,000 to the Town, representing $2,000 per parking space being added by the Project over the existing number of spaces currently located on the Property. This payment is intended to provide the Town funding for transportation and transportation demand management improvements, including but not limited to sidewalk and crosswalk improvements. All payments shall be made through the Planning Office, attention to the Assistant Town Manager for Land Use, Health and Development. 3. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall contribute an additional $20,000 for transportation demand management improvements, including but not limited to a proposed bus shelter or other improvements in the vicinity of the Project, and$2,500 toward public improvements at Garfield Park. B. TDM Obligations. The Owner agrees to implement the transportation demand management policies, measures and improvements ("TDM Measures") associated with the Project in accordance with the Traffic Impact Study prepared by MDM Transportation Consultants, dated December 17, 2018 in connection with the Project. In addition, the Owner agrees to: 1. Restrict on-site residential parking to one space per apartment, to be enforced by the Owner via lease restrictions. 2. Provide offsite parking for employees in the event additional parking is required during peak periods of use. III. Affordable Housing Commitment within Project A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4) of the thirteen(13) Living Units as affordable "Local Action Units" certified under the Massachusetts Department of Housing &Community Development's ("DHCD") Local Initiative Program(the "Affordable Units") as regulated through a recorded Regulatory Agreement and meeting all price and income eligibility criteria to be eligible for inclusion on the Town's Subsidized Housing Inventory. All Affordable Units shall be identified on the plans and situated within the Project so as not to be in a less desirable location than the market rate units and shall be spread evenly throughout the Project. The Affordable Units shall be integrated into the rest of the Project and shall be compatible in size, design, appearance, construction, and quality of materials with the market rate units,with equal access to parking and other amenities. B. The Owner shall, at its sole expense, undertake a lottery and implement an Affirmative Fair Housing Marketing Plan(the "Marketing Plan")to solicit interest for the occupancy of the Affordable Units in accordance with applicable DHCD procedures then in effect. The lottery and the Marketing Plan shall be conducted by a DHCD-approved agency. If the occupancy is phased, the lottery shall be conducted before the sixth Certificate of Occupancy for the Project is issued. To the maximum extent permitted by law, preference for the occupancy of at least 70% of the Affordable Units shall be given to residents of the Town claiming a local preference. 2 C. Consistent with the terms and conditions established in this section, the Owner and the Town, subject to DHCD's review and approval, shall draft and execute a binding, recordable affordable housing agreement that will detail the protocol for the marketing, leasing, management and oversight of the Affordable Units. D. The Owner shall submit a proposed Local Action Unit("LAU") application, including a draft Regulatory Agreement AFHMP and Monitoring Agreement, to the Town at the same time as it submits its Site Plan Review application to the Planning Board. The Town and DHCD shall jointly serve as Monitoring Agents for the LAU. The Owner shall reimburse the Town for any monitoring fees incurred as Monitoring Agent. E. The Owner shall submit a final, signed LAU application to DHCD within 90 days of the Planning Board's determination on the Site Plan. Prior to the issuance of any building permits for the Project: (a)the Owner and the Town shall execute and the Owner shall record a Regulatory Agreement at the Middlesex South Registry of Deeds, and(b) the Owner shall submit three (3) and one (1) electronic sets of final approved plans from DHCD, stamped by a professional engineer,to the Town's Planning Office, together with a narrative indicating any changes from plans previously approved by the Planning Board through the Site Plan Review process. If the Building Commissioner determines that there are any substantial changes between the plans approved by the Planning Board and the plans approved by DHCD, the Planning Board shall review the DHCD-approved plans. F. It is the present intention of the Owner to complete all of the residential units at the same time. In the event the units are not available at substantially the same time, Certificates of Occupancy for the Affordable Units shall be issued such that for every four dwelling units completed, one dwelling unit shall be an Affordable Unit. The last Certificate of Occupancy issued for the Project shall be for a market rate unit. IV. Access and Utility Easements A. The Owner shall provide a screen gate at the emergency egress driveway proposed for the Project using comparable materials to the existing or new fence along Reed Street to screen views and discourage onstreet parking. V. Noise Testing &Abatement A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the Town's General Bylaws. In its Site Plan Review application(s) for the Project,the Owner and its acoustic consultant will submit a testing protocol to be used to establish ambient noise levels. These ambient noise levels will be used to determine compliance with the Noise Control Bylaw. This protocol shall also be used in the event of future noise complaints to establish compliance with the Noise Control Bylaw. The Town may hire, at the Owner's expense, an acoustic peer review consultant to review the testing protocol. B. If the Town receives any noise complaints for the Project, or if the Owner makes future improvements to the Project, the Owner shall demonstrate to the Town its compliance with the Noise Control Bylaw. The Town may hire, at the Owner's expense, a third-party acoustic consultant to review said compliance. 3 C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the Project between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M. until to 8 A.M. on weekends and holidays. D. That HVAC systems under full load will not exceed SdBA above established ambient noise levels between 10:00 PM and 6:00 AM at the property lines. VI. Sustainability A. The Project will consider and where appropriate , incorporate sustainable design measures into the proposed buildings and site improvements consistent with the U.S. Green Building Council-Leadership in Energy and Environmental Design [LEED] initiatives Building Design and Construction [BD+C], and the Lexington Sustainable Action Plan/Zero Net Energy Policy, which encourages residents and businesses to reduce energy consumption and carbon emissions through innovative design, while still meeting the energy needs of the owner and community. The design team will refer to the LEED v4.1 BD+C Credit Rating System and LEED Checklist during schematic design, with the goal of accumulating enough credits to warrant a potential LEED Silver rating. See Environmental Impact and Infrastructure by Highpoint Engineering, Section VI. Sustainable Design, pages 6-7, filed as part of the refiled PSDUP of June 6, 2019, and is incorporated by reference. VII. Consumer Price Index Adjustment A. The Owner anticipates commencing construction of the Site Improvements not later than the summer of 2021. However, in the event commencement of construction of the Site Improvements is delayed, Owner agrees that, any payments required under this MOU that are made after January 1, 2023 shall be increased by the Consumer Price Index for all Urban Consumers, BostonCambridge-Newton, published by the Bureau of Labor Statistics, U.S. Department of Labor(CPI-U) for the previous calendar year(s); provided, however, that these figures shall never be reduced below the base established herein. The first such adjustment, if applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to publish the CPI-U in its present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town in substitution therefor. The CPI-U for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such previous calendar year. VIII. Other Commitments A. The Owner further agrees as follows: 1. The Owner shall preserve and renovate the Building and Barn that were originally built on the property. 2. Short term rentals, (i.e. Airbnb, VRBO, Homeaway, or other similar short-term rental uses), shall be prohibited on the property and enforced by the Owner via lease restriction. 4 3. The Barn shall not be used for real estate sales or rental as a principal use; provided, however, that this limitation shall not prohibit use of the Barn to provide leasing and management services for the Project. 4. Business or professional office uses shall not on their own or collectively exceed 25% of the commercial space of the New Addition. 5. Consistent with Lexington sustainability objectives, the design of the Project will follow LEED Silver standards established by the U.S. Green Building Council, with a focus on sustainability and environmental air quality. 6. Initial heating and air conditioning design will utilize electric air source heat pumps or a combination of high efficiency natural gas heat with air source heat pumps for air conditioning, depending on projected operating costs and engineering requirements. Consistent with Lexington sustainability objectives, preference will be given to all electric air source heat pumps to the extent that is able to provide comfort and economy. 7. Initially, two to four electric vehicle charging stations will be installed, with capacity to add additional stations. Owner will take advantage of available sustainability programs. 8. The Owner shall,upon request, make a meeting room in the Barn available for Precinct 8 community meetings during non-business hours. IX. Miscellaneous A. Binding Effect. 1. This MOU shall run with the Property as an encumbrance and shall bind and inure to the benefit of the Owner and its successors and assigns as owners of the Property for as long as use of the Property is subject to the PSDUP. The Town and the Owner agree that the Developer may transfer all, a portion of, or an interest in the Project to a new entity provided that any new entity acknowledges that: a) This MOU shall run with title to each portion of or interest in the Project and shall be binding upon any entity with an ownership interest in the Property, and each of its successors or assigns as to the obligations which arise under this MOU during their respective periods of ownership of the Property, provided that each predecessor-in-title shall be forever released from this MOU upon procuring a written acknowledgment from its immediate successor, addressed to the Town, acknowledging and agreeing that such successor-in-title is bound by the terms of this MOU and that this MOU shall be enforceable against such successor by the Board of Selectmen with respect to such successor's portion(s) of the Property; and 5 b) The obligations created hereunder shall not be treated as assumed by any new entity, and no prior entity shall be released from such obligations, until such notice is delivered to the Town. 2. This MOU may be enforced by any remedy provided at law or in equity. This MOU and the Lexington Zoning Bylaw ("Bylaw"), as modified by the PSDUP, shall be construed in such a way as to reasonably harmonize any conflicting provisions, but in the event of any irreconcilable conflict between this MOU and the Bylaw as so modified, the Bylaw as so modified shall control, subject to the provisions of any applicable State or Federal law. 3. The Owner shall,prior to applying for a building permit for construction of the Project, promptly record a Notice of this MOU with the Middlesex South Registry of Deeds and furnish proof of the recorded notice to the Building Commissioner's Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and to the Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420. B. Owner's Existence and Authority. The Owner represents that it is a Massachusetts Limited Liability Company duly formed, validly existing, in good standing and duly registered to do business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally binding obligation of the Owner, enforceable against Owner in accordance with its terms, and neither the execution, delivery or performance of this MOU nor compliance herewith conflicts with or will conflict with or results or will result in a breach of or constitutes or will constitute a default under(1) the organization documents of the Owner, (ii) any law or any order, writ, injunction or decree of any court or governmental authority, or(iii) any agreement or instrument to which Owner is a party by which it is bound. C. Cooperation. The Owner hereby agrees to cooperate with the Town on an ongoing basis to implement this MOU. D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any term or provision of this MOU shall not constitute a default under this MOU unless and until the defaulting party fails to commence to cure, correct or remedy such failure within fifteen days of receipt of written notice of such failure from the other party and thereafter fails to complete such cure, correction, or remedy within sixty days of the receipt of such written notice, or, with respect to defaults that cannot reasonably be cured, corrected or remedied within such sixty-day period, within such additional period of time as is reasonably required to remedy such default, provided the defaulting party exercises due diligence in the remedying of such default. Notwithstanding the foregoing, the Owner shall cure any monetary default hereunder within thirty days following the receipt of written notice of such default from the Town. E. Time is of the Essence. Time shall be the essence for this MOU. Any reference in this MOU to the time for the performance of obligations or elapsed time shall mean consecutive calendar days, months, or years, as applicable. As used in this MOU, the term "Business Day" shall mean any day other than a Saturday, Sunday, recognized federal holiday or recognized state holiday in the Commonwealth of Massachusetts. If the last date for performance by either party under this MOU occurs on a Saturday, Sunday, or recognized 6 federal or state holiday in the Commonwealth of Massachusetts,then the last date for such performance shall be extended to the next occurring Business Day. F. Permitting. The execution and delivery of this MOU does not constitute an agreement by the Town that any necessary permit or approval for the Project will in fact be granted, including, without limitation, approval of the PSDUP by the Lexington Town Meeting or issuance of any permit, certificate or approval for the Project. The execution of this MOU shall be incorporated into and made a condition of the PSDUP. G. Effective Date. This MOU shall become binding when all permits necessary for the Project, including the PSDUP and any Special Permits, Site Plan Approvals and Order of Conditions for the Project, are effective and the Owner has notified the Town in writing of its intention to proceed with construction of the Project(the "Effective Date"). In the event that(i)the changes to the Zoning Bylaw effectuating the PSDUP are disapproved by the Massachusetts Attorney General or a court of competent jurisdiction, (11)the Owner fails to obtain or maintain any permit, certificate, or approval necessary for the Project or(iii)the Owner chooses not to proceed with the construction of the Project and notifies the Town accordingly, this MOU shall be null and void. H. Amendment of MOU. This MOU may not be amended, modified or terminated except by a written instrument executed by Owner or a successor owner and by the Board of Selectmen. I. Enforcement;No Waiver. The failure of the Town or the Owner to enforce this MOU shall not be deemed a waiver of the Town or the Owner's right to do so thereafter. J. Severability. The invalidity of any provisions of this MOU as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. If any provision of this MOU or its applicability to any person or circumstances shall be held invalid, the remainder thereof, or the application to other persons shall not be affected. K. Applicable Law. This MOU shall be governed by and according to the laws of the Commonwealth of Massachusetts, as amended from time to time. Any action brought by the Town hereunder may be brought in the Land Court or the Superior Court in and for the County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court. 7 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON BOARD OF SELECTMEN Douglas Lucente, Chairperson Joseph N. Pato Jill Hai Mark Sandeen Suzanne E. Barry OWNER: 186 Bedford Street, LLC, a Massachusetts limited liability company By: 8 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: 2019 Special Town Meeting- Article Positions/Discussion PRESENTER:TER• ITEM S NUMBER: Board Discussion I.8 SUMMARY: Board discussion regarding 2019 Special Town Meeting • Article Discussions • Article Positions SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:35 p.m. ATTACHMENTS: Description Type Ol r-I O N r-I N L N O N � v a � O W ct z • ct a `� N ct4-4 ct G� a� ct O N 0 ctcn Q .r.., wu �ct 4-4 ct 4-4 ct 4-4 ct N 4 ct ct OC bJo ct ct ct u u 4-4 G� ctct ,-� ,-� O ct ct a ct Q ,� N •O .O '� O ff-' N ct 4--+ •'-' •�' �+ C Q ct ct ct b-0 Ct ct ct ct ct 73 ct ct u ct ct ct u ct ct � ct ra� ct N M \O o0 O� r rya ti 'tii TOWN OF LEXINGTON WARRANT Special Town Meeting 2019-1 Commonwealth of Massachusetts Middlesex, ss. To any of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts,you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in the Margery Milne Battin Hall in Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, MA 02420 on Tuesday,November 12,2019 at 7:30 pm., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 1 REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES To see if the Town will receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This Article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. ARTICLE 2 APPROPRIATE FOR PRIOR YEAR'S UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. ARTICLE 3 APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to appropriate sums of money to and from Stabilization Funds in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws for the purposes of: (a) Section 135 Zoning By-Law,(b)Traffic Mitigation, (c) Transportation Demand Management/Public Transportation, (d) Special Education, (e) Center Improvement District, (f)Debt Service, (g)Transportation Management Overlay District, (h) Capital, (i)Payment in Lieu of Parking, 0)Visitor Center Capital Stabilization Fund, (k)Affordable Housing Capital Stabilization Fund, (1) Water System Capital Stabilization Fund,and(m)Ambulance Stabilization Fund;determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This Article proposes to fund Stabilization Funds for specific purposes and to appropriate funds there from. Money in those funds may be invested and the interest may then become a part of the particular fund. These funds may later be appropriated for the specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 4 AMEND FY2020 OPERATING,ENTERPRISE,REVOLVING AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations,to be used in conjunction with money appropriated under Articles I I, 12, 13,and 14 of the warrant for the 2019 Annual Town Meeting,to be used during the current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds including the Community Preservation Fund; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2020) appropriations. ARTICLE 5 AMEND ZONING BYLAW FROM CD-1 DISTRICT TO CSX DISTRICT-7 HARTWELL AVENUE (OWNER PETITION) To see if the Town will vote to amend the Zoning Bylaw and Map to convert the current CD-1 Zoning District to the CSX Zoning District on the property located at 7 Hartwell Avenue and known as Town of Lexington Assessors'Map 84, Lot 81 and as shown on a GIS plan obtained from the Town of Lexington real property database, on file with the Town, or to act in any manner in relation thereto. (Inserted by 7 Hartwell, LLC) DESCRIPTION: The article requests an amendment to the Zoning Bylaw and Map in order to allow additional uses at the site. The location of the property is shown on a GIS plan obtained from the Town of Lexington real property database. This plan is on file with the Lexington Town Clerk and the Lexington Planning Board. ARTICLE 6 AMEND ZONING BYLAW TO RESTRICT AUTOMATIC TELLER MACHINE AS PRINCIPAL USE IN THE CENTER BUSINESS DISTRICT To see if the Town will vote to amend the Zoning Bylaw,Chapter 13 5 § 3.4,Table 1,Row H. 1.07,to restrict automatic teller machine use in the Center Business district and Chapter 135 § 10.1, to add a definition for "automatic teller machine"; or act in any relation thereto. (Inserted by the Board of Selectmen at the request of the Planning Board) DESCRIPTION: This Article proposes to restrict stand-alone automatic teller machines in the Center Business district. ARTICLE 7 AMEND ZONING BYLAW AND MAP-186 BEDFORD STREET(OWNER PETITION) To see if the Town will vote to amend the Zoning Map and Bylaw of the Town,based on the information provided in the applicant's Preliminary Site Development and Use Plan ("PSDUP") for the property commonly known as Town of Lexington Assessors'Map 64, Parcel 68 at 186 Bedford Street; or to act in any other manner relative thereto. (Inserted by 186 Bedford St, LLC) DESCRIPTION: The proposed Article would rezone the property from the present RS One Family Dwelling District to a PD Planned Development District. This would allow for renovation and addition to the existing buildings on the above parcel which is identified on a Plan entitled:Proposed Mixed-Use Development- 186 Bedford Street,Lexington, Massachusetts/Preliminary Site Development and Use Plan filed June 6,2019 and revised August 22,2019,prepared by Highpoint Engineering,Inc.and on file with the Lexington Town Clerk and Planning Board,with metes and bounds shown on the Legal Description. ARTICLE 8 APPROPRIATE FUNDING FOR 25% DESIGN OF THE ROUTE 4/225 BEDFORD STREET HARTWELL AVENUE-WOOD STREET TRANSPORTATION IMPROVEMENT PROJECT To see if the Town will vote to appropriate a sum of money for the Route 4/225 Bedford Street,Hartwell Avenue, and Wood Street Transportation Improvement Project; and authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interests in land necessary therefor; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; determine if the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1,500,000 DESCRIPTION: This Article will appropriate funding to develop 25% design for a major transportation improvement project which includes minor improvements on Wood Street, four travel lanes in most of the project corridor with three travel lanes in southern portion of Hartwell Avenue,a sidewalk or multi-modal path and bike lanes on both sides of the roadways; raised center medians; safe pedestrian accommodations and crossings; and reconstruction of major intersections: Bedford Street and Hartwell Avenue intersection as well the intersection of the on and off ramps to I-95. A future request for the Town to fund through 100% design and Plans, Specifications, and Estimates would follow at a later Town Meeting. This critical funding of 25%design plans will enable the Town to stay on the state's Long Range Transportation Plan to eventually obtain external resources to fund construction costs to bring the project through completion. ARTICLE 9 LED STREETLIGHT CONVERSION To see if the Town will vote to appropriate a sum of money for the purposes of acquiring and installing light emitting diode (LED) streetlights to replace existing streetlights in the Town, and for other costs incidental or related thereto; determine whether the money will be provided by the tax levy,by transfer from available funds,by borrowing,grants, donations,gifts,or other available monies or by any combination of these methods;determine if the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $821,183 DESCRIPTION: This Article is to fund replacement of the 3000 plus streetlights in Town from induction lights to the more energy efficient LED lights. The Town is eligible for a state grant to pay a portion of this conversion cost(approximately 30%). And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant,with your doings thereon,to the Town Clerk, on or before the time of said meeting. Given under our hands this 7th day of October, 2019. Douglas M. Lucente, Chairman Selectmen Joseph N. Pato Suzanne E. Barry of Jill I. Hai Mark D. Sandeen Lexington A true copy,Attest: Constable of Lexington AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Collective Bargaining Agreement - Fire Union PRESENTER:TER• ITEM S NUMBER: Jim Malloy, Town Manager I.9 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:45 p.m. ATTACHMENTS: Description Type Q``oV S MO 0 1775 c� o X Q N y -Z D 'w r Z m Z APRIL 19'" �FXI NCA Memorandum of Understanding Between Town of Lexington And Lexington Fire Department International Association of Fire Fighters, Local 1491 .. _M The Town of Lexington and the Lexington Fire Department, International Association of Fire Fighters,ers Local 1491, hereby agree to the following amendments to the collective bargaining agreement, which expired June 30, 2019. 1. Duration. 3-year agreement July 1, 2019 through June 30, 2022. Economic items shall be effective as specified. Language items shall be effective upon mutual ratification of the agreement. 2. Salaries. Exhibit E of the current collective bargaining agreement shall be amended to provide across the board wage increases as follows: • Two percent (2%) retroactive to July 1, 2019(FY 2020 • Two percent (2%) added to the existing top step for firefighters retroactive to July 1, 2019 (FY 2020) • One percent (I%) added to top step differential (from 12 months to 24 months) for lieutenants and captains retroactive to July 1, 2019 (FY2020) • Effective July 1, 2019, drop Start Step for Lieutenants and (6 steps Captains and realign p g p months becomes Start, 18 months becomes 12 months; 36 months becomes 24 months). • Effective July 1, 2019, drop Start Step for Firefighters and realign steps (6 months becomes Start; 18 mos. becomes 12 mos; 30 mos becomes 24 mos; 42 mos becomes 36 mos.) • Two percent (2%) effective July 1, 2020 (FY 2021) • Two percent (2%) effective July 1, 2021 (FY 2022) 3. Article 6. Salaries and other Conditions of Employment. Effective July 1, 2020, employees covered by this agreement shall receive a stipend for g p Hazardous Duty. The stipend shall be 2.5% of the employee's base pay. This stipend shall be calculated into hourly wage and paid bi-weekly and for the calculation of holiday and overtime compensation. Effective July 1, 2021, this stipend shall increase to 3%. 4. Article 12. Longevity Delete "Years of service shall be computed as of June 30 of that same year for each employee." and add "Years of service shall be computed on the anniversary of the employee's service with the Town." 5. Article 13. Education Incentive Pay 13.1 Delete the words "lump sum". 13.1(a)Delete the words "normally on the last pay day in June (but in any event, no later than July 10 of each year". 6. Article 24. Sick Leave and Injury Leave Delete second paragraph and add the following: Employees shall be required at their expense to provide a doctor's certificate of fitness for duty for any absence exceeding forty-eight (48) consecutive hours. Employees will be required to furnish a doctors certificate for each absence after one hundred eighty (180) hours of sick leave use in twelve calendar months beginning each January 1st; except that long illness or non-job related injuries where a doctor's note has already been provided will not count in the computation of the initial one hundred eighty (180) hours of sick leave use. The parties to this Agreement acknowledge their mutual interest in limiting misuse of sick leave. 7. Article 17. Vacations Delete: The maximum number of employees per group permitted on vacation is two (2), except during summer vacation period. The maximum number of employees per group permitted on vacation during the summer vacation period is three (3)." Add: "The maximum number of employees per group permitted to be on vacation at one time is three (3), except during the summer vacation period. The maximum number of employees per group permitted to be on vacation at one time during the summer vacation period is four (4)." 8. Article 20. Clothing.and Protective Gear Section 20.1 Add "The Town will provide one fire gear bag for each member." 9. Article 29. Physical Examination Add: In recognition of the increased cancer risk that firefighters face, a member may elect to have any tests on the attached list (Exhibit F) that is/are not covered under his/her current medical health insurance plan. After confirmation from his/her medical insurance plan that the exam, lab, or screening test is not covered by his/her medical insurance plan, the member will be required to provide a copy of the denial of coverage, the bill and proof of payment (credit card receipt or cancelled check) to the Human Resources Department for processing of payment. Once the Town receives the bill, a reimbursement will be issued to the member within thirty days of receipt. It is understood that this benefit applies to one (1) physical examination per fiscal year and that the member will not be reimbursed if the member's HRA account is used for payment of the denied exam, lab or screening test. 10. Article 3 8 Duration This agreement shall continue and remain in full force and effect from July 1, 2019 through June 30, 2022 and shall continue thereafter until a new agreement is reached. Signed this day of 2019. Town of Lexington IAFF, Local 1491 James J. Malloy Robert Green Town Manager President, Local 1491 Witness Witness AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Future Meeting Dates PRESENTER: ITEM NUMBER: Doug Luc ente, Chair 1.10 SUMMARY: Consider Board of Selectmen meeting dates for November 2019— September 2020. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:50 p.m. ATTACHMENTS: Description Type E) DRA F1........Proposed Meeting Schedule lkackup Vlatetial E) I lo I iday s Nov 20 1.9 Sept,e,n ijb er-2020 Flaickup Material DATE TIME MEETING LOCATION Monday, November 4, 2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room November 12, 2019 6:00 . . BOS Meeting r iiii r t ' iiii Wednesday, November 13, 2019 6-000 . . MeetingBOS riiii r t ' iiii Monday, November 18, 2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday, November 21, 2019 7-000 p.m. inancial Summit 11 201 Bedford Street Monday, December 2, 2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Tuesday, December 3, 2019 3:00 p.m. Department Budget Presentation Selectmen's Meeting Room Department Budget Presentation Wednesday, December 4, 2019 9:00 a.m. (+BOS Luncheon) Selectmen's Meeting Room Monday, December 9, 2019 5:00 p.m. Department Budget Presentation Selectmen's Meeting Room Monday, December 16, 2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,January 6, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,January 13, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday, January 16, 2020 7:00 p.m. Financial Summit 111 201 Bedford Street Monday,January 27, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, February 3, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday, February 1 2020 7-600 p.m. inancial Summit IV 201 Bedford Street Monday, February 10, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, February 24, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 2, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 9, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 16, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 23, 2020 6-000p.m. BOS iiii n riiii it to ATM) Selectmen's t iiii Wednesday, March 25, 2020 6,:00p.m. BOS II iiii n riiii it Selectmen'sto ATM) t iiii Monday, March 30, 2020 6:00p.m. BOS Meetingri r to ATM) Selectmen's Meeti Wednesday, riiii , 2020 6:00 . . BOS Meeting riiii r t ' tiiii Monday,Aprill 6, 2020 6-600 . . MeetingBOS riiii r t ' iiii Monday,Aprill 13, 2020 6:00 . MeetingBOS riiii r t ti ' t iiii Wednesday, riiii : p.m. MeetingBOS riiii it to ATM) Selectmen's t iiii Monday, iriiii I 27, 2020 6:00p.m. BOS iiii n riiii it to ATM) Selectmen's t iiii Wednesday,Aprill 29, 2020 6-000 . . BOS Meetingri r Selectmen's t i Monday, May 4, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, May 11, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, May 18, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,June 1, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,June 8, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,June 15, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room June 16, 2020 9:00 . . BOS GoalsSelectmen's t i n Monday,June 22, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,July 13, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,July 27, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,August 10, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,August 24, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, September 14, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, September 21, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, September 28, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Holidays Date Day Name Type November 11, 2019 Monday Veterans Day Federal Holiday November 28, 2019 Thursday Thanksgiving Day Federal Holiday December 23, 2019 Monday Chanukah/Hanukkah (first day) Jewish holiday December 25, 2019 Wednesday Christmas Day Federal Holiday January 1, 2019 Wednesday New Year's Day Federal Holiday January 20, 2020 Monday Martin Luther King Jr. Day Federal Holiday February 17, 2020 Monday Presidents' Day Federal Holiday April 9, 2020 Thursday Passover Jewish holiday, Begins at sundown Wednesday 4/8/20 April 10, 2020 Friday Good Friday State holiday April 12, 2020 Sunday Easter Sunday Observance, Christian April 20, 2020 Monday Patriots Day Observance May 25, 2020 Monday Memorial Day Federal Holiday July 3, 2020 Friday Independence Day observed Federal Holiday July 4, 2020 Saturday Independence Day Federal Holiday September 7, 2020 Monday Labor Day Federal Holiday September 19, 2020 Saturday Rosh Hashana Jewish holiday, Begins at sundown on Friday 9/18/19 September 28, 2020 Monday Yom Kippur Jewish holiday, Begins at sundown on Sunday 9/27/19 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Consider Resolution in Support of House Bill 2849/ Senate Bill 1940 - Act For Utility Transition to Using Renewable Energy PRESENTER:TER• ITEM S NUMBER: Board Discussion I.11 SUMMARY: The Sustainable Lexington Committee requests the Board of Selectmen's consideration of approving a resolution in support of the Act for Utility Transition to Using Renewable Energy(FUTURE) House H.2849 / Senate S.1940. The FUTURE Act is scheduled for a November 12, 2019 Legislative Hearing. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 8:55 p.m. ATTACHMENTS: Description Type DRAFI' esolution.in.support of F Baickup Material TOWN OF LEXINGTON RESOLUTION of the Board of Selectmen in support of An Act for Utility Transition to Using Renewable Energy(FUTURE) House H.2849 / Senate S.1940 WHEREAS: it is essential that we keep our communities safe and healthy, and protect property; WHEREAS: recent events have demonstrated the safety risks inherent in local gas infrastructure, including the 2018 Merrimack Valley explosions and the 2005 over-pressurization incident in Lexington that caused widespread damage to the town's gas infrastructure; WHEREAS: Lexington has more than 150 documented gas leaks, and gas leaks in the state have not been significantly reduced since passage of Ch. 149, Acts of 2014, An Act Relative To Natural Gas Leaks, and ratepayers still pay for the lost gas; WHEREAS: gas leaks are known to have health risks, particularly for young children, elderly people, and those vulnerable to respiratory illness; WHEREAS: gas leaks deprive roots of oxygen and can kill shade trees, which provide important public benefits and are costly to replace; WHEREAS: 95% of natural gas is methane, which is a greenhouse gas that is 84 times more powerful than carbon dioxide over a 20-year period; WHEREAS: global warming is an urgent crisis that threatens the health, safety, and well-being of the world's population and the ecological integrity of the planet; WHEREAS: the Lexington Board of Selectmen has voted to join the U.S. Compact of Mayors in our commitment to the actions required to mitigate climate change consistent with the Paris Climate Accord, and has voted to adopt the Lexington Sustainable Action Plan which sets a goal for Lexington to become a net-zero emissions community; WHEREAS, House H.2849/Senate S.1940, "An Act for Utility Transition to Using Renewable Energy" (FUTURE Act) focuses on the problems with the distribution of natural gas in the Commonwealth, addressing not only the crumbling infrastructure and immediate safety concerns, but also creating a path forward by avoiding future stranded assets and permitting gas companies (and their workforces) to transition to a sustainable future by distributing renewable thermal energy instead of explosive fossil fuel; and WHEREAS, The FUTURE Act will empower municipalities to have stronger, safer, more transparent working relationships with gas companies by improving coordination for gas leak repairs and strengthening safety standards; NOW THEREFORE BE IT RESOLVED, that the Lexington Board of Selectmen goes on record in strong support of the principles embodied in the FUTURE Act (H.2849/S.1940) and urges the Legislature to pass such a bill during the 2019-2020 session. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Chair I.12 SUMMARY: The Board is being asked to appoint Cynthia Arens as a member of the Sustainable Lexington Committee with a term expiration date of September 30, 2022. The Board is being asked to appoint Pamela Lyons as a member of the Transportation Advisory C o mmitte e with a term expiration date of September 30, 2022. SUGGESTED MOTION: Move to appoint Cynthia Arens to the Sustainable Lexington Committee with a term expiration date of September 30, 2022. Move to appoint Pamela Lyons to the Transportation Advisory Committee with a term expiration date of September 30, 2022. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 9:05 p.m. ATTACHMENTS: Description Type D 20191'rarispottation.Advisory Cl-.)r.nrnittee Applicatiori.��.P.Lyons Backup Material APPLICATION FOR APPOINTMENT FOR BOARDICOMN11TTEE,MEMBERSHIP Board/Committee of Interest: 1.Sustainable Lexington 2. Would y of at this twirne, M 0 For how long should we keep your,application on file.? inaeTinitely Cynthia, Arens � Cindy Full N Nickname. 'referred Title (please circle) Mr../Ms./Mrs./Other: Home Address: o' Kitson ParkDr., 02421 Length of Residencein Lexington: 110 years, n,,on-profit volunteer Work Address: Phone; Home Work Fax Cell E-mail: Prima. Secondary: If you wrrently serve on a hoard or Committee,please identif,�.- Special working with DPW, School Cornmittee, S, and Select Boardon waste reduction Have been.asked by a Committee to become a member? YeS flow did you hear about the Committee? Via other town members, website, local newspapers "lease attach a current resume 'if ss hl . Add any comments below or on,a.separate page. 9/24/2019 S .trw Date: APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP IR Board/Committee of Interest: 1. 2. 3. 4. Would you consider another Committee: .04, k- For how long should we keep your application on file? Full Name: Nickname: Preferred Title (please circle) Mr46WMrs./Other: s� Zip: Home Address: 15>' � � e Length of Residence in Lexington: Occupation: Work Address: Phone: Home Work Fax Cell E-mail: Primary: Secondary: If you currently serve on a Board or Committee, please identify: Special Training, Interests, Qualifications: ck_ \>6,kV �3 \f)Z:-3C> cam ►•, � ...�._ ,�,, Have you been asked by a Committee to become a member? Lt:5\J�%P_c How did you hear about the Committee? Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: Date: Pamela B.Lyons 51 Grant Street Lexington,Massachusetts 02420 Education Boston College Law School Newton,NM J.D. May, 1995 1994 Grimes Moot Court Competition Boston College,Graduate School of Arts&Sciences Chestnut Hill,MA M.A.English Literature January, 1982 University Fellow Wellesley College Wellesley,MA B.A. Philosophy and Spanish May, 1978 Durant Scholar(Magna cum laude) Phi Beta Kappa,Freshman Honors Irvington High School Irvington,New York High Honors, Spanish Award June, 1974 New York State Regents Scholarship Editor,Sunnyside 1974 Legal Supreme Judicial Court Boston,MA Experience Administrative Attorney and Coordinator of International Programs 2001 to 2017 Secretary to the Committee on Judicial Ethics(2008-2015.) Manage appointments processes for Justices to approximately 27 different boards,committees,and commissions and judicial branch employees per year. Respond on behalf of the Chief Justice to correspondence and telephone calls from prisoners and the public. Manage print and online library collection. Overhauled and updated Thorndike(SJC)Library. Legal research,analysis and writing tasks for the Justices. Resource for Justices and staff regarding matters of procedure,court rules and substantive law. Draft remarks for Chief Justice. Staff to SJC task forces and committees including Pro Bono Committee and Access to Justice Commission. Law clerk hiring. Probate and Family Court Department of the Trial Court Boston,MA Law Clerk Middlesex, Suffolk,and Worcester Counties 1999 to 2001 Draft judicial decisions,including judgments,orders,findings of fact,conclusions of law,rationales and memoranda of decisions for the Justices of the Probate and Family Court. Legal research and drafting of other memoranda. I Deutsch Williams Brooks DeRensis Holland Boston,MA & Drachman,P.C. 1997 to 1999 Associate Concentrating in all actions over which the Probate and Family Court has jurisdiction including divorce,paternity,probate,guardianship and equity litigation. Prosecution of divorce and paternity actions,equity complaints,administration contests and trust reformations.Defended and prosecuted petitions to remove fiduciaries and ancillary issue of allocation of wrongful death proceeds.Appointed G.A.L.and counsel for children in Norfolk County. Drafted trusts,wills,QDRO's,prenuptial and divorce agreements,modifications and special needs trusts. Probate and estate administration. Edwin C.Hamada,P.C. Boston, NIA Associate 1995 to 1997 Responsible for all aspects of divorce actions including appearances on motions,drafting of pleadings,client intake,legal research,negotiation and correspondence with opposing counsel.Conversant in probate and family court procedure,DOR issues, and federal law including UIFSA. Publication Lyons,Pamela B."A Classical Source for Ben Jonson's Menu" American Notes&Queries,XVIII(1980), 156. Civic Town Meeting Member,Precinct 5 2014 to date Lexington Center Committee(appointed by Board of Selectmen') Lexington,MA 2008 to date Parking Management Group(appointed by Town Manager) 2011 (?)to date Citizens for Lexington Conservation 2017 to date Board of Directors(beginning 2019) Co-founder of the John Adams Courthouse Recycling Group Boston, MA (all volunteer,no budget,no institutional support at start) 2007 to 2017 Bowman School library volunteer(Lexington Public Schools) Lexington,MA 1989-1992 Tutor of math and English in the Boston Public School Boston,MA System under Judge Arthur Garrity's 1974 Order to Desegregate 1975-1977 The Boston Public Schools International Experiment in International Living-La Paz,Bolivia Summer, 1973 (full scholarship from Irvington,NY civic organizations) Ohio State Summer Program in Bogota,Colombia Summer, 1977 Interests Gardening, suburban landscaping/wildlife habitats, animal welfare/animal rights, And the 70's(best decade ever!) Other Reading knowledge of Latin,still somewhat conversant in Spanish. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Accept the Terms of the Emily and Frank Smiddy Scholarship Fund PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Chair I.13 SUMMARY: The Board is being asked to accept the terms of the Emily and Frank S middy Scholarship Fund that will be managed by the Trustees of Public Trusts. SUGGESTED MOTION: Move to accept the terms of the Emily and Frank S middy Scholarship Fund that will be managed by the Trustees of Public Trusts. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 9:10 P.M. ATTACHMENTS: Description Type E) rv.Fin n .„ I�,r nfly and Frank Sauddy cholk-A ShI lFund Baickur)Material DocuSign Envelope ID:309OE126-F7A5-418A-A366-2CC827475194 The Bolstbn, Founda ion Addendum to the Emil y and Frank Smiddy ScholarshiR Fund Ag eement About The Emily and Frank Smiddy Scholarship The Emily and Frank Smiddy Scholarship Fund will be a$1M permanently endowed scholarship fund that will be opened with the Boston Foundation, Inc.,benefiting graduating seniors of Lexington High School, located in Lexington, Massachusetts,and Minuteman Career and Technical High School,located in Lexington and Lincoln, Massachusetts.,who are interested in pursuing STEM studies at a college or university and have demonstrated financial need.Applicants must be(or have been) residents of Lexington,. Massachusetts at the time of their high school graduation. Fund Allocation Funds will be invested in the Balanced Plus Pool at the Boston Foundation,designed to produce the highest long-term investment return, and the scholarships will be made in perpetuity,with annual distribution amounts determined in accordance with the Boston Foundation's spending policy. Disbursements from The Emily and Frank Smiddy Scholarship Fund at the Boston Foundation Available funds will be distributed, annually with the beneficiary being the "The Emily and Frank Smiddy Scholarship Fund"with the Town of Lexington,.Trustees of Public Trusts. The Scholarship Committee of the Town of Lexington will be sent a letter each year from the Boston Foundation in February informing them of the amount of funds available and the scholarship forms to complete with the awardee information. The scholarship cycle will be run by the Lexington Scholarship Committee and the awardees and funding request and scholarship forms will be submitted to the Boston Foundation by April 30th each year,with funds being distributed by May 15th by the Boston Foundation to the The Emily and Frank Smiddy Scholarship Fund with the Town of Lexington Trustees of Public Trusts for distribution to the awardees by the Lexington Scholarship Committee. Any excess funds that are not used in the current year, will be carried over and made available for scholarship awards in the next year. In addition to the funds that will be maintained at the Boston Foundation, a one-time grant of$10,000 will be made to the Town of Lexington to establish"The Emily and Frank Smiddy Scholarship Fund"with the Town of Lexington,Trustees of Public Trusts. Any income generated from this complementary fund also will be used as additional or supplemental monies for scholarships. Capital gains will be retained in this fund. Funding requests approved by the Boston Foundation will be paid to the The Emily and Frank Smiddy Scholarship Fund with the Town of Lexington Trustees of Public Trusts for distribution to the awardees by the Lexington Scholarship Committee. Scholarship Eligibility and Awards Scholarship recipients will be selected by an application process that will be administered by the Lexington Scholarship Committee. Awardees will be selected based on their(i) intent to study in STEM (Science,Technology, Engineering,and Math)fields upon entering their freshman year of college, and {ii)financial need. The application should include an official transcript reflecting current GPA,two Page 1 of 2 DocuSign Envelope ID:3090EI26-F7A5-418A-A3B6-2CC827475194 letters of reference from teachers or professors,an essay from the student on their academic progress and career plans and financial information normally required by the Lexington Scholarship Committee. Students in good academic standing may may reapply for continued support throughout their undergraduate college career, not to exceed a total of four years, and may be awarded increased awards based on financial need and continued good academic standing. All awardees will be required to submit receipt(s)to the Lexington Scholarship Committee demonstrating that the scholarship was used for educational purposes(tuition, books,fees, housing,supplies,etc.)as a condition of the scholarship and eligibility for future awards. If a student changes their major to a non-STEM path.,they will still be eligible as long as they can demonstrate a successful plan for graduation.Award amount and number of awards will be left to the discretion of the Lexington Scholarship Committee. Reporting to Donor The donors of this scholarship, Frank and Emily Smiddy,expect to receive,during their lifetime, an annual report on the awardees and their progress which will be provided to the Boston Foundation by the Lexington Scholarship Committee. This report should include at a minimum the name of the scholarship recipient,the award amount,the high school they attended,original major,current major, current GPA,graduation date and job placement. This information, along with any other that is collected should be used to calculate the graduation rate,job success and/or continued education of the awardees. Adjustments to the eligibility criteria and awards can be made based on the data that is collected by the committee on the awardees'graduation rates and career success. The purpose-is to make sure that this scholarship is helping give students the best chance possible to graduate college and become a productive member of society. Town of Le gton Scholarship Committee DocuSigned by: PAVIA AUtfbUti CL Paul a Antonevi ch S Ignature Printed Name Co-chair 8/30/2019 1i Signed by: Date �Lv&" Atw' Cindy Wilson L'V Q1016842Q�C eO8ED18D496... gnaure Printed Name Co-chair 9/7/2019 Title Date Page 2 of 2 DocuSign Envelope ID:309OE1 26-F7A5-418A-A3B6-2CC827475194 Town of Lexington Trustees of Public Trusts e—DocuSigned by: 0 964& FtLLk Al an Fi el ds 4650EEDAA,45130"E... gnauire Printed Name chai-rman 9/9/2019 Title Date Oo DocuSigned by., VO4i4 Mwalf4s David Wi lliams SjVWWW7E4AF... Printed Name Trustee of Public Trusts 9/9/2019 TtTeuSigned D r by: ate Susan mcclements Printed Name Trustee of Public Trusts 9/9/2019 Title Date Donor(s) DoculTigned by: F- Frank Smiddy Printed Name r—Docuftned by., tA CC' JJJA Tinily Smiddy I If • IfttmmB... Printed Name Boston Foundation,Inc. DocuSigned by: V-M Al van Ranst 1�� 5— Printed Name Treasurer 9/10/2019 Title Date Page 2 of 2 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve and Sign Eagle Scout Commendation Letter - Gabriel Denton PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Chair C.1 SUMMARY: The Board is being asked to sign a letter of commendation for Boy Scout Gabriel"Gabe" Denton of Troop 160. SUGGESTED MOTION: Move to approve and sign a letter of commendation congratulating Gabriel"Gabe" Denton for attaining the highest rank of Eagle in Boy Scouting. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 ATTACHMENTS: Description Type E) 2019 Ingle Scout I...�Ate ,,,G Denton P17rooj,,)160 Bac-111r)Material J tw jl I I AP Town of lextngton, �Haoarbu'5ett.5 AN&Er OFFICE OF SELECTMEN DOUGLAS M.LUCENTE,CHAIRMAN JOSEPH N.PATO SUZANNE E.BARRY JILL I.HAI TEL: (781)698-4580 MARK D.SANDEEN FAX: (781)863-9468 November 5, 2019 Gabriel Denton 2380 Massachusetts Avenue Lexington, MA 02421 Dear Gabe, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your j ourney beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Douglas M. Lucente, Chairman Joseph N. Pato Suzanne E. Barry Jill I. Hai Mark D. Sandeen 1625 MASSACHUSETTS AVENUE,LEXINGTON,MASSACHUSETTS 02420 Email:selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Chair C.2 SUMMARY: The Lexington Symphony has requested a one-day liquor license to serve wine for the purpose of their Post- Concert Reception to be held in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue, on Saturday, November 9, 2019. The wine will be served from 9:3 0 p.m. to 10:3 0 p.m. SUGGESTED MOTION: Move to approve the consent. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 11/4/2019 ATTACHMENTS: Description Type E) On.e[)ay I..I.. 1 x,,xi)9t011 SY*Iony Backup Material u� .µ TOWN OF LEXINGTON OCT 2 9 2019 f,19 JV , SELECTMEN' OFFICE APPLICATIONFOR ONE-DAY LIQUOR LICENSE, The Board of Selectmen(Local Licensing Authority)may issue One-Day Liquor Licenses for the sale and/or service of wine and malt bevel to any enterprise;all alcoholic beverages may be issued only to non-profit organizations. As required by the ABCC,Liquor for use at a one-day liquor license event must be purchased from a licensed wholesaler.Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: `mvwton � CONTACT NAME AND NUMBER.: X Ck lq4� JR-Y1 c ADDRESSFORM AILING: Aivi A 01k"OOL EMAIL ADDRESS: TITLE/PURPOSE OF EVENT. � LOCATION AND ADDRESS: &-AA"�AkAA f�_, DATE OF FUNCTION: TIMES OF FUNCTION: � TYPE CST LIQUOR TO BE SERVED: DATE AND TIME WHEN LI{ UOR DELIVERED: DATE AND TIME WHEN LIQUOR REMOVED: co� ADDITIONAL INFO►RMA.TION: Adbo`rized Signature Federal Identification No. or �o Lei ( 0� Date Social Security Number