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2020-06-10 SB Packet - Released
SELECT BOARD MEETING Wednesday, June 10, 2020 Conducted by Remote Participation* 5:00 PM AGENDA 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 Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2020 Annual Town Meeting& Special Town Meeting 5:05pm 2. Reorganization of the Board 5:10pm 3. COVTD-l9 Update 5:15pm . Discuss Strategies, Implementation and Community Response Actions Related to Covid-19 Guidelines and Directives 4. Discussion of Reopening Lexington Businesses and Restaurants - Town-wide 5:30pm Planning and Communication 5. Review and Discuss Draft Grant of Location Policy 6:00pm 6. Accept Easement-Lexington Hills Pedestrian Easement 6:20pm 7. Conflict of Interest Determination: David Williams - Board of Appeals 6:30pm 8. Future Meeting Dates 6:35pm ADJOURN 1. Anticipated Adjournment 6:45 p.m. *as per Executive Order regarding remote participation: https://www.mass.gov/doc/open-meeting-law- order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting:https✓/zoom.us j/96861647454 Or iPhone one-tap: +13017158592„96861647454# or+13126266799„96861647454# Or Telephone: +1 301 715 8592 or+1 312 626 6799 Webinar ID: 968 6164 7454 The next regularly scheduled Select Board meeting will be held by remote participation on Monday, June 15, 2020. Hearing Assistance Devices Available on Request All agenda time and the onler of items are approximate and LeAdia subject to change. Recorded by LeWedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2020 Annual Town Meeting & Special Town Meeting PRESENTER: ITEM NUMBER: Board Discussion I.1 SUMMARY: 2020 Annual Town Meeting and Special Town Meeting recap. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 5:05pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Reorganization of the Board PRESENTER: ITEM NUMBER: Kim Katzenback, Executive Clerk 1.2 SUMMARY: The Chair and Vice Chair of the Select Board is elected annually after the dissolution of the Annual Town Meeting. SUGGESTED MOTION: Motion to elect Chair of the Select Board Motion to elect Vice-Chair of the Select Board FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 5:10pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager 1.3 SUMMARY: Updated Report is attached for discussion. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 5:15pm ATTACHMENTS: Description Type D 6 5 Idly Update (A%Cr 14!Vg°:ri IK) COVID-19 UPDATE 6/5/20 Updated public Health Information (as of 6/5/20): • 315 Confirmed (cumulative) Cases in Town Town/School/Community: • All Town Departments are preparing for Town staff to return to the offices with 25%of staff working in the office and the other 75%working remotely during this first phase and will not immediately be open to the public. The Library and Community Center are reviewing plans and the DPW and DPF are both returning to full schedule on June 1. The Return to Work Task Force is completing it's review which will be presented to Unions the week of June 1 and as soon as practicable afterwards we will begin staffing at 25%. We have engaged an Industrial Hygienist to review our plans and facilities and make further recommendations. • Town Meeting—As the Board is aware,we continue to work on the legal issues related to Town Meeting(now that it's completed!). The current bill is S.2733 and it appears to have agreement from both houses and provides a retroactivity clause which provides for Town Meetings (RTM)to be held up to 15 days before the enactment of the bill, which we will continue to monitor the progress of this bill and if it appears to be delayed we will seek to have this number of days extended. The good news is that there is little/no debate on the RTM portions of the bill,only the OTM portions. The judge in the petition for injunctive relief has taken a pause to see what action the legislature is taking, so we will continue to monitor this as well. • We continue to have a regular, conference call every Wednesday morning at 8 AM with the Senior Management Team and Health Officials to review the change in the number of local cases and discuss actions the Town is taking and to discuss any issues or concerns of various departments. • The Economic Development Department has been working with DPW, Police, Health, Planning and the Town Manager's offices to develop guidelines for restaurants to re-open with outdoor dining, which is in the Board's meeting packet for discussion/input. 0 m y 5 Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 6 c� �1: �1: c� (3� c� c� °� °� °� c� `^ �c! c� m m .ti ti o m .ti H a n n o� oo m 'c� �o c c c c c c c c c O V G 7 N N N m M m m m ti ti ti N N N N ti O ti ti ti ti ti o o o o o X � y � C p O R y N 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 o a o a o 0 0 0 0 0 0 o O o 0 0 n rl Ol M N n 01 M M O W M -I Ql N N N 01 m n 1p LI1 ✓1 7 a 7 � M M M M M 7 7 7 7 ✓1 LI1 ✓1 F N n n 7 m M m t C V m N N N .--I e-I e-I .-I o 0 0 0 0 o 0 o 0 o o 0 o 0 o 0 0 0 0 o 0 o .J R •O V V N "O m M M m M m M M 7 N V1 c v c R . m E 3 O p' U C O R U m 3 R C o 0 o 0 o o .-I N N m m C iD tD iD tD iD iD n w W 00 m m W M iD n .-I n n N O O n o m o C U O N m C V X 0! 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Ca ca c'.:'aC:.'7 -fit CSl 00 r: lGD o..CY ^;t evY N Town of Lexington os MCI �T75 ca Land Use,Health and Development Department Office of Public Health 1625 Massachusetts Avenue <a,IN; Lexington,MA 02420 (781)-698-4533 Fax(781)-861-2780 Kari Sasportas,MSW,MPH,REHS/RS Board of Health Health Director 84503 Wendy Heiger-Bernays, PhD,Chair Burt M.Perlmutter,M.D. David Neylon,RN,MPH,REHS/RS David S. Geller,M.D. Public Health Nurse x 84509 John J.Flynn,J.D. Susan Wolf-Fordham,J.D.,M.P.A. Casey Mellin,REHS/RS,CHO Health Agent x 84507 COVID-19 Lexington Office of Public Health Situation Report Week of 6/1/20 To: Jim Malloy, Town Manager From: Kari Sasportas, Health Director Date: 6/3/20 Current snapshot (data from 3/7/20 to 6/3/20) • 315 total confirmed Lexington cases as of 6/3/20 • 34 additional probable* Lexington cases as of 6/3/20 (*NEW this week: MDPH has redefined probable cases as individuals with a positive antibody test that either had COVID-19 symptoms or were known to be exposed to COVID-19.) • 19 confirmed cases have not cleared isolation (recovered) at this time • Approximately 50% of all cases and approximately 95% of suspect COVID-related deaths are associated with residents in long term care/assisted living • 42 suspect fatalities related to COVID (40 of 42 deaths associated with LTCF)* -no change since last week. (*Self-reported by LTCF; not checked against official death certificates.) • Total number of Lexington residents tested= 1981* individuals as of 6/3/20 (up from 1830 last week). *Note, this is a count of total people, not total tests; one person may have multiple tests. • Percent of individuals tested that were positive= 15.95% (down from 16.8%last week). Additional Updates • Contact Tracing Collaborative (CTC)is assisting public health staff with follow up of confirmed cases of COVID-19. • All close contacts identified by confirmed cases will receive a"Test Pass"per state guidance (see attached memo at the end of this report) in order to be tested. • Lexington Public School nurses continue to assist with case follow-up at this time. • Public health staff communicated this week with MDPH,healthcare providers, and surrounding municipalities with regard to the updated guidelines on antibody testing. See COVID-19 PCR and Antibody Testing Public Health Response Recommendations—ver. 3.0,June 1, 2020 (attached to the end of this report). Lexington Confirmed Cases by Gender (3/7/20* to 6/3/20) *note—date of Lexington's first confirmed case Gender #Cases Percent Unknown 15 5% Female 190 60% Male 110 35% Total 315 100 percentage of Il.... ingt n Confirmed Cases by Gender' �Data from 3/7/20...6/3/20 MlaIr;:* Female Unknown �Ia Total Cases=315 2 Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 6/3/20) Age Range #Cases 0-10 1 10-20 16 20-30 9 30-40 14 40-50 37 50-60 44 60-70 37 70-80 60 80-90 66 90-100 29 100-110 2 Total 315 r . • � r F ti 4k / I III III VVO 1111�Y(, III VVi h lilt v,� ii i 3 Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 6/3/20) Race/Ethnicity #Cases American Indian Alaskan Native 1 Asian 17 Black/African American 20 Other 35 Unknown 66 White 176 Tota I 315 Percentage of II,,,,.e ing-tors Confirmed Cases I y Ii /Ethini -ty* "I Data from .3/7/20 .6/3/20 American Indian Alaskan Native Black African American Other 1% Total Cases=315 4 Standardized Rates: Lexington standardized case and testing rates compared to 8 geographically adjacent communities (data normalized to a standard population reference rate of 100,000 to accurately compare communities with different population sizes; note all data is cumulative from 3/1/20 to 6/3/20): ............................................................................................................................................................................................................................................................................................................................ a II �� II� I II ,� IIII IMIN II IIIII,Im 0 Waltham 1170 1755 5251 7877 22.28% Bedford 254 1705 2940 19736 8.64% Woburn 586 1412 3471 8366 16.88% Lexington 315 928 1981 5819 15.95% Burlington 258 933 1800 6511 14.33% Belmont 229 839 1474 5398 15.54% Arlington 301 657 2539 5543 11.86% Winchester 113 506 1526 6836 7.40% Lincoln 36 416 483 5582 7.45% Case 111ate pear 1001I< for 8 CoirnimUnities ieogir 1p[-Ocafly Adjacent to Lexington* Data covers ti rrne period:3/1../20...6/3/20 2000 1755 1705 1.500 1412 1.000 933 928 839 657 506 416 500 Waltham Bedford Woburn Burlington Lexington Belmont Arlington Winchester Lincoln 5 rest Rate 1peir 1001K foir 8 Co00irnunit�es Geographically Adjacent -to Lexingtoin* *[Data covers t1hetinne aeriod 3/1/20 5/3/20 25000 19736 20000 1.5000 1.0000 ossa 7877 saso 6511 5819 5582 5543 5398 5000 Bedford Woburn vva|thmm *vinchesLer Burlington I euingtmn Uncm|n Ar|ington ae|monr. Percentage of Cases 1 ested Mth Positive Results for COVD-19* *Data covershnne jeriud 3/1/20 6/3/20 25% 22% 20% o% 16% 16% z«% 1.5% 12% �� zo% 7% 7% m% �= �tHI= tlllll�= �= ' m/a|tham Woburn I euington Belmont Burlington Arlington Bedford Winchester Lincoln Discussion of Data: On 6/1/20, the MoyyuchuxeUo Department n[Public Health (MDPll) updated the 000e sun/ciUouoc definition for"probable" ouaea. /\ "probable" case now refers to a patient with a positive antib —vtcot and either C }\ U0 |ikc symptoms likely to uC )\ [D 19. In addition, MDPH is now counting"probable" deaths as those patients who did not have a laboratory test but whose death certificate listed COVTD-19 as the cause of death. Ml}P}{ applied this updated criteria retrospectively to cases and bdu|idex going back to 3/1/20 and reported this data on June |'t U does not appear that the updated definition for probable cases has impacted the cumulative count nf Lexington cases, but may impact the count of fatalities (we don't have enough information todctconioecd this tinnc\. The Lexington Office nf Public Health is following the updated guidance as of June |mon interpretation o[antibody testing (see attachment o1 the end o[this rcpnd). 6 There have been minimal changes in the demographic distribution of Lexington cases this week. At this time, exactly 50% of the confirmed cases in Lexington are individuals aged 70 years or older,up from 49% last week. The gender distribution of confirmed cases is now 60% female, 35%male with 5%unknown(a minor change from last week with 61% female, 34%male). New data presented this week are confirmed case distribution by self-reported race/ethnicity. Of the 315 confirmed cases as of 6/3/20, 56%reported White, 6%reported Asian, 6%reported Black/African American, 11% reported as other, and 21% did not report their race/ethnicity. In order to accurately compare Lexington's case counts and testing data to other communities with different size populations, data were normalized to a standardized population reference size of 100,000 people. Lexington's standardized case rate this week is 928 cases per 100,000 people, which places Lexington in the middle of the case rate distribution among geographically adjacent communities. Lexington's testing rate remains lower than several other geographically adjacent communities. Lexington remains within the top 3 of geographically adjacent communities in the percent tested who are positive for COVID-19. There are still many unknown variables. The data indicate few changes from last week, and continue to suggest that age and residence in long-term care facilities or other congregate living setting are driving Lexington's numbers. As stated last week, with the phased reopening plans for businesses and the expansion of availability and eligibility criteria for testing, we are likely to see other variables emerge that drive future trends. Lone Term Care Facilities and Assisted Living Facilities (data current as of 6/3/20) Beginning June 3rd, there will be restricted outdoors visitation for those wishing to visit residents of Long Term Care facilities: h s.a//www.massagj2y/A2�lIimrnitatio ns,,on visitors in. lion .... .. ......... . ...... ............................................................................ care facilities mna~Il:ilg:::t1�e.:::covid::1:9.:::outbrea /,dow nloa CareOne Lexington: • Total# of positive resident cases (cumulative, including fatalities): 75 • Total# of fatalities (included in the number above): 20 • Current resident census (as of 6/3/20): 124— 1 of 4 units has been designated as a COVID unit(5 current patients) • Staff- 35 staff have tested (+) and completed their isolation period • No current staffing needs; no critical PPE needs although they report that they"can always use gowns" • CareOne completed their initial MDPH infection control audit on 5/18/20 and remain in contact with MDPH surveyors on daily basis. 7 Pine Knoll: • Total# of positive resident cases (cumulative, including fatalities): 52 • Total# of fatalities (included in the number above): 16 • Current resident census (as of 6/3/20): 59—all COVID (+)residents have completed their isolation period • Staff-At this time there have been 19 staff test (+) out of total of approximately 85 total staff; all positive staff have completed their isolation periods • Pine Knoll completed their initial MDPH infection control audit on 5/11/20 and received a 27 out of 28 score • Pine Knoll is open to admissions at this time; they have 2 units for COVID-recovered patients and one unit for new admissions (who require 2 negative nasal swabs prior to admission and are required to undergo 14 day quarantine upon admission) Brookhaven • Total# of positive resident cases (cumulative, including fatalities): 9 • Total# of fatalities (included in the number above): 3 • Current resident census (as of 6/3/20): 392 - across Skilled Nursing(21), Assisted Care (14) and Independent Living (357) • Staff- 13 staff have tested(+); all staff have completed their isolation periods at this time • Brookhaven had a Centers for Medicare and Medicaid Services (CMS) COV1D infection control audit on March 30th without issue Youville Place • Total# of positive resident cases (cumulative, including fatalities): 21 • Total# of fatalities (included in the number above): I • Current resident census (as of 6/2/20): 80 - across traditional assisted living (59) and a memory care unit (21) • Staff- 11 staff have tested (+) of 61 staff that were tested by National Guard Artis Senior Living • Total# of positive resident cases (cumulative, including fatalities): 0 8 • Total# of fatalities (included in the number above): 0 • Current resident census (as of 6/2/20): 23 (utilizing 2 of 4 units—Artis is exclusively `memory care') • Staff- 4 staff have tested negative as a result of community or household exposures • Artis plans to open for admissions the week of 6/8/20 and LBOH and MDPH have reviewed their updated admission policy 9 3 a, C O o 4, ,��, = O v 3 p m tG c O O c ++ a 3 a 41 ° c w L o Y0 ° arm OE E s @ E E � 4- 04, c IA v O Q O f6 ap CL p. ., >' 41IA > QJ p. vOi O 'to `^ O E %, O N O. >, m L O m E O > a� ea On E CL 0 +, >, O a0+ y 3 a a cn 'on O Q L U N y N L v m C m C N L a o v tv -0 'F L `� w T + = L to Q m a 0 0 > � v + C 0 a, `� -y a) a aA v m C > � E N m O � U '^ Q E h. ,� Y LA @ m v m O i c to " o L c p L c c m 3 o E c s E m s E oru (u +� +' to �_ a p .� O 41 Y N 0 y O p ++ 0 m E 0. 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X CL O a Q a o c 3 + o o ap O O Y w 0 cu -0 t u t LL LL pp5 MO 1775 75 Town of Lexington �C ; Land Use, Health and Development Department Office of Public Health 1625 Massachusetts Avenue < nrauiv'° Lexington,MA 02420 Fxir,czo (781)-698-4533 Fax(781)-861-2780 Kari Sasportas,MSW,MPH,REHS/RS Board of Health Health Director x 84503 Wendy Heiger-Bernays,PhD,Chair Burt M.Perlmutter,M.D. David Neylon,RN,MPH,REHS/RS David S.Geller,M.D. Public Health Nurse x 84509 John J.Flynn,J.D. Susan Wolf-Fordham,J.D.,M.P.A. Casey Mellin,REHS/RS,CHO Health Agent 84507 Dear Healthcare Provider: The holder of this letter is recommended for COVID-19 testing because they have been identified as a close contact of a confirmed case. Testing is recommended even in the absence of symptoms consistent with the Massachusetts Department of Public Health's memo "Recommendation for Routine Molecular Testing of People Identified as Close Contacts to COVID-19 Cases" released on May 11, 2020. Please facilitate testing for the above person as soon as possible. We appreciate your cooperation. For questions refer to DPH guidance: t6fii.cat.ii.qim.::::to-to-test is-.ir g............................................ll fsmptoms/downlload Sincerely, Lexington Office of Public Health AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion of Reopening Lexington Businesses and Restaurants - Town-wide Planning and Communication PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.4 SUMMARY: Town staff from the Economic Development Office have been coordinating with local restaurants and the Chamber and reviewed other community's standards and then worked with our DPW, Police, Health, Planning Offices and Town Manager's offices to develop guidelines for restaurant re-opening and the potential to use sidewalks and other property to have outside dining. All of the attached are still in draft form, but are close to complete and ready to be sent out once the Select Board have discussed and provided any additional policy guidance. To facilitate restaurant re-opening, I had recommended the Board consider naming the Town Manager as the Deputy Liquor Licensing Authority (even if you wanted to limit it for this purpose) so that applications could be processed quickly applying the standards in the attached. If the Board chooses to do so I've provided some suggested motions. SUGGESTED MOTION: Move to name the Town Manager as the Deputy Liquor Licensing Authority. Move to name the Town Manager as the Deputy Liquor Licensing Authority for the purpose of facilitating restaurant re-opening during the COVID-19 state of emergency. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: GIW2020 5:30pm ATTACHMENTS: Description Type D Iteoperimg lllarm 1resciitatiou, Proscrrtofioll D ll'OWU Mm miger➢Lh to Res Wu rm s C on mmyu D Illeafth Marro to Re.,,WurmLs Cover Men-v D FDA R,st Practices Uwu Mmy) D Re,,,tuimri COVID'.itimLirds cou Mmk) D Restagmut COMI)Cbeckfist (on mmw,) D [some Aulk hi ihig aippfiuiuwt own MMI-K) D NNW pmTedy mWour Inhg app%bon Uwu mark) D ldeas V'or RWUP mawAl D MAW Elk NNv ACUP mawril O � • — O Cu0 X b O� � o o 0 '> CO aJ � N b.0 O � W � I�ii X V') r3 KA C'n -70 Ln O M 4— OU C= =3 0 ru CT X� aj ad CL CL Co CII). j kn m m WJ, 0 Z3 00 C= ai 0 CL KV 2 L. w K7 CL 4— 4-0 0 L) 8 — -0 #�- "a = aj m CL m E -C3 C= CL Q0 m CL (LO Ln M ru, E un r co, CL -3, �n Ln 0 X� C CL 4.1 bn, -X:3 m 4.0 0 M x 0 mi w 0 ra W bD E 0 E ou a.) 4"1 =3 aj 7 E :B 0 co 41�41� Ln 4�4 a) CU CUQulu ob KA 4� 4� E 0 0 CL E CL E mo E w o V) 4" 72 c) = w > ru E o a) 0 Kn 0 L4 UO cu 2 -0ai O Ne C= X, Jr.. 10 _C3 ;Z. +...'� C= 16.. 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N O E +m Q O O U i 41 O 4-J 0 O O O 0 N � 0 � cn }, 0 }, i v a + • • a , c6 0 —0 0 CL U O : Q) N Z _ cn O -0 v C AL ate-J Q N b—° 0 v O O O W L- 0 a-J U i 4 O O O (a N i c) ?� to a-J - U (D N v cB > N O O O c6 O s z ap v in cn Q v 0 0 rl N M O U U 0 � 0 0 0 • 0 • 4-j N c L- 4-0 (0 C/) L O 0 O }' 70 o O c0 x o LQ. 0 0 C) O N LQ. Q C: N U N (� O � (�Q. O V C: O N O O O 0 E O O _N U O (n N � N � cn \ U 0 L a=-' O cn C: 0. •— (n U . . 0 E ' O . . L ® cm i O ® — ° O ',— co ca c c zz 0 _� _> C i C6 r e ! ` `' Town of Lexington Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 June 4, 2020 Dear Restaurant Owners and Managers, Governor Charlie Baker announced industry-specific guidelines and a checklist for all restaurants that will be opening in Phase 2 of the state's four-phase reopening plan. Restaurants will be allowed to start offering outdoor dining at the start of Phase 2,which could begin on June 8th,2020 at the earliest.Indoor dining will follow at an unspecified date within Phase 2, subject to public health data. We have been working since the beginning of the pandemic to find ways to support our small business community. In the past month,the Town's Economic Development office conducted surveys, spoke to some of you, and have identified effective solutions to the challenges we face. Throughout that effort, some of you expressed a desire for more outdoor seating space. With that in mind please find the attached guidelines and application for you to complete to request the use of expanded outdoor space for your business. If you are interested in expanded outdoor dining options, please review the attached guidance. We will make town staff available to discuss the application, available assistance, and review, and approve outdoor expansion plans. Please select the appropriate application for your plans and return the completed to us as soon as possible. Once we receive your application,we will reach out to you directly to review your proposed plans.Please contact the Economic Development Office at economiedevelopment@lexingtonma.gov for any queries or concerns. Restaurants will have to adhere to a checklist that includes social distancing,hygiene, staffing and operations, and cleaning and disinfecting as per the guidelines provided by the state. Restaurants are a vital part of the economy and the town will continue to work with you to provide as many options as possible to ensure a safe outdoor dining experience. Sincerely, James J. Malloy Town Manager Cc: Sandhya lyer, Economic Development Director 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 MOP °,)S Town of Lexington �77.5 7s "c Land Use, Health and Development Department Office of Public Health 3 a'' 1625 Massachusetts Avenue <_APR11`'' r i Lexington,MA 02420 Fxr,cto (781)-698-4533 Fax(781)-861-2780 Kari Sasportas,MSW,MPH,REHS/RS Board of Health Health Director 84503 Wendy Heiger-Bernays, PhD,Chair Burt M.Perlmutter,M.D. David Neylon,RN,MPH,REHS/RS David S. Geller,M.D. Public Health Nurse x 84509 John J.Flynn,J.D. Susan Wolf-Fordham,J.D.,M.P.A. Casey Mellin,REHS/RS,CHO Health Agent x 84507 To: Lexington Food Service Establishments From: Kari Sasportas,Director of Public Health Date: June 4,2020 Re: Standards for Resuming Food Operations and Free Training On May 18,2020, Governor Baker signed an Executive Order for a reopening plan to safely reopen the Massachusetts economy, get people back to work, and ease social restriction while minimizing the health impacts of COVID-19.At this point in time, all essential businesses that have been operating must comply with mandatory safety standards detailed at https://www.mass.govin.c�E'6.-.deta.ids/reopc cJirru nrassachtlsetts. These standards include: • COVID-19 control plan template (this is a written COVID-19 safety plan outlining how you will prevent the spread of COVID-19) • Compliance attestation poster • Employer and worker posters The state has released mandatory operating standards for resuming dining service for the public, starting with outdoor seating areas in Phase II of the Governor's reopening plan. These mandatory standards pertain to staffing and operations,cleaning and disinfecting,hygiene protocols,and social distancing. Please find a copy of these standards and a checklist for self-certification attached to this memo. Please review the attached mandatory Massachusetts standards and checklist to self-certify that your business is ready to reopen. You may also review the attached FDA Best Practices for Re-opening Retail Food Establishments During the COVID-19 Pandemic—Food Safety Checklist to prepare yourself for restarting operations. This checklist covers food safety considerations in more detail. Free traininu available: ServSafe has released three training videos, free to you, your employees, and the industry,to reinforce safe food handling with a focus on practices to keep food and employees safe during the coronavirus outbreak. These trainings include: ServSafe Take-Out: COVID-19 Precautions, ServSafe Delivery: COVID-19 Preacautions, and ServSafe Reopening Guidance: COVID-19 Precautions and are located at flittps://www.restaurarrt,or p/Mnagt :Iy Rt staurGaalt/llusrn s. 47perations/C ovid.1_��/l:�'g�................................y. Please contact Casey Mellin at the Lexington Office of Public Health at 781-698-4507 or .cmellimfirkxinL!t nrna.)ov with any questions about resuming operations during this time period. lliii. � III I � a �� , mn ill 11 FDA is providing a food safety re-opening checklist for previously closed retail food establishments or those that have been open with limited service related to the COVID-19 pandemic. This checklist addresses key food safety practices for retail food establishments to consider when re-opening and restarting operations. This is not a comprehensive list. We encourage retail food establishments to partner with local regulatory/health authorities to discuss the specific requirements for their retail food establishment prior to re-opening. IFacilli,ty Operations ,,,,,,,,,� Are :`-..A.li..g.Im..q posted on how to stop the spread of COVID-19 and promote everyday protective measures? Are the premises in good order, including fully operational utilities and equipment?(e.g. electrical, lighting,gas �.....� services, and proper ventilation;hood systems for fire prevention;garbage and refuse areas;and toilet facilities) Are all areas of the food establishment, including restrooms and waiting areas, properly cleaned, stocked, �.....� sanitized, or disinfected, as appropriate? �,,,,,,,,,. Are the facilities checked for pest infestation or harborage, and are all pest control measures functioning? �,,,,,,,,,. Are ventilation systems including air ducts and vents in the facility clean, free of mold, and operating properly? Is there increased circulation of outdoor air(as much as possible) by, for example, opening windows and doors or �.....� using fans? (Do not open windows and doors if they pose a safety risk to children using the facility.) Are high touch self-service containers and items requiring frequent hand contact removed from use (e.g.seating �.....� covers, table cloths, throwrugs, condiments such as ketchup bottles and salt/pepper shakers, and reusable menus)? Water, IPft i Ib iu in a in ' Ice �,,,,,,,,,, Is potable water available throughout the facility? �,,,,,,,,,. Are the water and sewage lines working? �,,,,,,,,,. Is there hot and cold water? Are all water lines flushed, including equipment water lines and connections, according to the manufacturer's �.....� instructions? �,,,,,,,,,. Are ice machines and ice bins cleaned and sanitized? IFood Cointac-11, wind IN in-food Coin-tact Suirlaces QCl,eain, IU ii ih n ect, irfitii ) Are necessary sanitizers and disinfectants that meet JI;,IP ',s„_�,ir,ii;teii�ii„a„for use against SARS-CoV-2 available and used �.....� per label instructions to clean and disinfect the facility during hours of operation? Are food contact surfaces and counters cleaned and sanitized? (Wash, rinse, and sanitize food contact surfaces, �.....� food preparation surfaces, and beverage equipment after use.) �,,,,,,,,,,� Are common use areas such as restrooms being .a. more frequently? rnrWWJ(1a.gov 11 May 2020 Rest IPlractlic.es for IRe 01per iron If etalin If„geed IfiiistaldV,lislhu-neu--nts IDu ihiu°ug the OOVIIIIC) 19 IPandeirnic f::good Safety Clhieclld.list ccrnhnued Are high-touch areas and equipment (,;;V,ax,any_e,d and s�,jj,s,.n,fe.cto j„(e.g. door knobs, display cases, equipment handles, check-out counters, order kiosks, and grocery cart handles)? Are sufficient stocks of single-service and single-use articles (e.g. tableware, carryout utensils, bread wrappers, and plastic wrap)available? If not, ensure all reusable food service items are handled with gloves and washed with dish �.....� soap and hot water or in a dishwasher. Employees should wash their hands after removing their gloves and after directly handling used food service items. �,,,,,,,,,. Are staff properly trained on cleaning procedures to ensure safe and correct application of disinfectants? Has a disinfection schedule or routine plan been developed? Ensure sufficient stocks of cleaning and disinfecting �.....� supplies to accommodate ongoing cleaning and disinfection. IF d "ir Irn peIr t a Ire Cointiroll, �,,,,,,,,,, Are all coolers, freezers, and hot and cold holding units functioning? �,,,,,,,,,. Are all coolers, freezers, and hot and cold holding units clean, sanitized, and protected from contamination? Are calibrated thermometers available and accurate to check equipment and product temperatures to ensure food �.....� safety/HACCP plans are executed as designed? Product finispectiion , Rotation Has all food been examined for spoilage, damage, expiration, or evidence of tampering or pest activity?If needed, �.....� was such food appropriately discarded? �,,,,,,,,,. Is food properly labeled and organized, such that receiving date and rotation is evident? �,,,,,,,,,. Are all food, packaging, and chemicals properly stored and protected from cross contamination? Has contact been made with suppliers in the supply chain to ensure deliveries are scheduled and able to be �.....� fulfilled? Wairewashling E a iu III Ir Irn't �,,,,,,,,,, Is your 3-compartment sink clean and equipped with detergent and sanitizer? Is your warewasher clean and functioning and equipped with detergent and sanitizer(single temperature machine, �.....� 165°F) or reaches 180°F rinse (high temperature]? �,,,,,,,,,. Do you have sanitizer test strips available and are the test strips appropriate for the sanitizer being used? IFlaindwashling Stallions Have you trained and reminded employees of effective hand hygiene practices including washing hands with soap �.......... and water for at least 20 seconds, especially after going to the bathroom, before eating, and after blowing their nose, coughing, or sneezing? �,,,,,,,,,. Are all the handwashing sinks accessible and fully stocked (e.g.soap,paper towels, hand wash sign, and trash bins)? www.lnla gov 2 May 2020 Rest IFlractlices for IRe 01per ing If etalit If::aood IfiiistaldV,lislhi-nei--nts IDu ihiu°ig the 0V11111) 19 IPau"ndeirnic f::good Safety Clheclld,Jist ccraahaaa.ed Are paper towels and trash cans available in the bathrooms so doors can be opened and closed without touching (.....� handles directly? (,,,,,,,,,. Are all the handwashing sinks functional and able to reach 100T minimum? El Have you considered using hand sanitizers (minimum 60% alcohol), as appropriate, in multiple locations to encourage hand hygiene by both customers and employees to supplement hand washing? IEirnIpLoyee HealthScreening (,,,,,,,,,. Do you have a protocol to check employee health and personal hygiene practices within your food establishment? (,,,,,,,,,,� Are you following CDC qu dance and igiFad ces for employee health checks/screenings? (,,,,,,,,,,� Have you checked e„'If,;),C and local regulatory/health authority guidance for employees returning back to work? (,,,,,,,,,. Is there a plan to monitor and respond to a higher than normal level of absenteeism? Is there a plan or policy for, and an adequate supply of, personal protective equipment (PPE) and/or cloth face coverings? Cloth face coverings should only be used if PPE is not required, and changed as needed if worn. ciiaL Distancing Has the facility taken measures (e.g. tape on floors/sidewalks, partitions, and signage on walls) to minimize (,,,,,,,,,, face-to-face contact that allows, to the extent possible, at least a 6-foot distance between workers, customers, and visitors? Have you limited offering self-serve food or drink options, such as buffets, salad bars, and drink stations?As local (.....� regulatory/health authorities lift levels of restrictions, limit use with additional monitoring. Have you restricted the number of employees in shared spaces, including kitchens, break rooms, and offices to �.....� maintain at least a 6-foot distance between people? Additional references can be found here: Food Safety and the Coronavirus Disease 2019 (COVID-19) Questions &Answers for Industry: • ttll2s//w?v�rv�frf i::.Gov/lcai.id/'foouaf �:p:afeV: ...di.�rinnt..eirnier c�inn:iie ur"lerar�... :rnflc,,t: ...and...corona:iviiiru_u s diiseasc.�..?:�?`�°i'...colJd...`9 Best Practices for Retail Food Stores, Restaurants,and Food Pick-Up/Delivery Services During the COVID-19 Pandemic: • t'l'prr//yrarvw'i'c), a�ov/'rood/'fnaou:i :a'fe'V: ..dr.ur'iiai. a imer onciieaa/Ilrc��'i:...Ipra c'tliica�.� ire'l'aiil food....s'lorea�;...iro.:tau�i��an'ts...n�u�aci...�focod... ck u.a.....�,p,LJ.,�a. .ir:`...::::.s ,lr::�"Jices.::::.d_�u.irii„in.g...covii¢1...f? P. : Y .. What Grocery and Food Retail Workers Need to Know about COVID-19: • att s: www.o:¢:�c.^,.cav ccairoairiaviiri�s ?0f e ncov airmirmu.airaiit carca:airiiiza�tiions rocery food iret�aiil v�`airkcar:A.11 timnl f"............/.......................................................... .............. ....................................................................../............................................................./.............................................................Y/..............1.............................................................. . CDC COVID-19 Resources for Businesses and Employers: • r:n:�:�..f�.a>.::// vvyr:..e ...:....,ov/coironaviiirus/?0`�p...rnco.�v/r,:orn mru.�niity/qIrua�riiiziatiion>hu.�a>iiiroe:, ilk.. .yeir • Irn:�:�..1�..`�.::// rv�° :..��!..�.:..r:cy�»�/t�P.airoinaviiirn.as/?0`�?...irncov/cNowirnV.raianfs/stoir...tllne...s irraad...of...gf�irirm>I.�.::.if ibf • �;:�:..1..`.::/Iy r :..:::�.9..t.=.:..u:�.y /+ yiroi a viiitn.ar>/?0 �i...rncov/c..:oirn"nirnu.arniityl .1l..lfp.�ii1::::gu.aiidairnce.Irotirmil, www.fdra.goav 3 ay 2020 Best I!lIrac�tlic.es for IRe 01pelrniilnag If e�talit If::�ood Ifiiis�taldV,lislhu-neu-n�ts IDu ihirug the COVIIIIC) 19 If�arndelrnic f::�ood Safety f lhieclld,Jis�t ccrranaraued List of EPA-registered Disinfectants: • ln t stirs coo 2 FDA Food Code: • ::t..l. .::/fy r y :•.:. . .:•..f c,,,r/forY0da...food...cod¢:;/lo¢nd...¢:ode 2.O'r7 Date Labels on Packaged Foods: • hGtl;as://www.fda / s rIs/colrs ni upLJates/co. Mused date labelavcc t la ................................................................................... ...r...:....k......a........ ..c.......d.............f....e...�....o.......r...l.....s.....• hGtras://www.fda.r2v/Irm r¢.fiial1�!`.l` 14/download Safe Food Handling: • 4 Key Steps to Food Safety: Always— Clean, Separate, Cook, and Chill blff::�:.1L::°/ln vow.fda.c W/:F , , /Ih„ , ...sfolre...salr e....saf x...food/safe...food...lrflalndliil Employee Health: • CDC Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 n1tns: www.c¢:lc. ¢:nw/ cuuolr7arriiu°pus/" d�9 Irucov�colrn�rr��ulruiitV/<Iriitia::al wrWrolrlk.elr.:/iirnupV.a:zlrmuernu:iilru safekW �uacflces.htiml i...............//......................................................... g..................................... .......1.................................................................................... • CDC Interim Guidance for Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings :•.. . .:.:•..:oar/colrona4,riilr�us/20119...Irncov/Ihc r/c!!s.la,�u,s,ii„�ii<r..i!:::::.iiiin::.lh�_o,inn..e::::..Ir�atiialrntls.Ihtr V. • CDC Use of Cloth Face Coverings to Help Slow the Spread of COVID-19 htlt: ns://www.cclr....ov/colrcalnan4,rlilrr..un/?01e�..1 c..¢:aM.�/ nlra r¢u t atVliln2_L' iclk:/c.'.1'i r c:.11.rOh fraco cr�urrc lrlirn, s.lhl ni. C..................................................................................g.................................................................................................................................................................1.................................................�............................. �....................................... • FDA Use of Respirators, Facemasks, and Cloth Face Coverings in the Food and Agriculture Sector During Coronavirus Disease (COVID-19) Pandemic d h,tt.. s:/ :).: /www.fda.e y:. . . . :(...lw. .:::::."1. . gt;:y u u�Irlilrmg...olrrnelr elrnc"e / ......... ��yo Ir�A ,niiraUralr. fac:el n�u^AIk, alyd cl�aValn faoe cov�lriiuo .�� f<ucnd aln�d n::� Iriiou..ult�Iro secV.c�lr ciu.ulrii ry c.olroinavr IFUS • FDA's Employee Health and Personal Hygiene Handbook e d/I etaiil food iiu'nd u,s;tl» Ire: .u..ul<�tolr n¢A¢Ailof.alro¢-a flraiilniiun r¢:rotail food rotcwctii¢�Ir7 Q:lr°ro l¢:n oc lheeultllo D..D. .:::::.IP P,1D.Fq!,:::::.lhyglieIrne...IrnaIrndbooIk. • OSHA Guidance on Preparing Workplaces for COVID-19 o /If" lh�liicafiiour990D p!::b.:( www.fdrn gov 4 May 2020 �I M� When indoor table service is permitted,restaurants are encouraged to structure operations to operate as much as possible through outdoor tahle service and to strictly limit indoor table service in order to assure effective compliance with social distancing requirements and to limit activities ARYNN)" "'0- within confined spaces S Cf f�'I A I„ Restaurants must comply with the following sector specific social distancing rules for providing dining services in all customer seating areas: :7 `ezI�C++,Y'd C °�!�;:i •Tables must be positioned so to maintain at least a 6 foot distance from all other tables and any high foot traffic areas(e.g.,routes to bathrooms, entrances,exits);tables may be positioned closer if separated by protective/non-porous barriers(e.g.,structural walls or plexi-glass dividers)not less than 6 feet high installed between tables and high foot traffic areas •The size of a party seated at a table cannot exceed 6 people •Restaurants may not seat any customers at the bar,but subject to any applicable building and fire code requirements,bar areas may be re- configured to accommodate table seating that complies with all spacing and other requirements in these COVID-19 safety standards •All customers must be seated;eat-in service to standing customers(e.g.,around bar areas)is prohibited •Restaurants provide carry-out or delivery service,but all safety standards for table separation,size of party,and hygiene must be maintained for any indoor or outdoor table seating that is available to carry-out patrons •All other amenities and areas not employed for food and beverage service(e.g.,dance floors,pool tables,playgrounds,etc.)must be closed or removed to prevent gathering of customers Ensure separation of 6 feet or more between all individuals(workers,vendors,and customers)unless this creates a safety hazard due to the nature of the work or the configuration of the workspace: •Close or reconfigure worker common spaces and high density areas where workers are likely to congregate(e.g.,break rooms,eating areas)to allow 6 feet of physical distancing;redesign work stations to ensure physical distancing(e.g.,separate tables,stagger workstations on either side of processing lines so workers are not face-to-face,use distance markers to assure spacing including in the kitchen area) •Estahlish directional hallways and passageways for foot traffic if possible,to minimize contact(e.g.,one-way entrance and exit to the restaurant). Post clearly visible signage regarding these policies •Prohibit lingering in common areas(e.g.,waiting areas,bathrooms)and ensure social distancing in common areas by marking 6 feet spacing with tape or paint on the floor and signage •All customer-facing workers(e.g.,servers,bus staff)must minimize time spent within 6 feet of customers Designate assigned working areas to workers where possible to limit movement throughout the restaurant and limit contact between workers (e.g.,assigning zones to servers) Stagger work schedules and staff meal and break times,regulating maximum number of people in one place and ensuring at least 6 feet of physical distancing Minimize the use of confined spaces(e.g.,elevators,vehicles)by more than one individual at a time Require face coverings for all customers and workers at all times,except where an individual is unable to wear a face covering due to medical condition or disability Recommended best practices Improve ventilation for enclosed spaces where possible(e.g.,open doors and windows) Customers may remove face coverings while seated at tables Om All workers must wash their hands frequently,and table servers must wash their hands or apply hand sanitizer between each table interaction Ensure access to handwashing facilities on site,including soap and running water,and allow sufficient break time for workers to wash hands frequently;alcohol-based hand sanitizers with at least 60%alcohol may be used as an alternative Alcohol-based hand sanitizers with at least 60%alcohol should be made available at entrances,exits,and in the dining area Supply workers at workplace location with adequate cleaning products(e.g.,sanitizer,disinfecting wipes) 1IYr"';IL'Y',J1:: I'R lJ I 0 r 0 L i Post visible signage throughout the site to remind workers and customers of hygiene and safety protocols Self-serve,unattended buffets,topping bars,drink stations,and other communal serving areas must remain closed Condiments and similar products(e.g.,salt,pepper,and salad dressing)should not be pre-set on tables and should instead only be provided upon request either in single-serving portions(e.g.,individual packages or cups)or in serving containers that are sanitized between each use Menus must be one ofthe following:1)paper,single-use menus disposed after each use,2)displayed menu(e.g.,digital,whiteboard,chalkboard), 3)electronic menus viewed on customers'phones/mobile devices Utensils and place settings must be either single-use or sanitized after each use;utensils should be rolled or packaged.Tables should not be pre- set to reduce opportunity for exposure Tables and chairs must be cleaned and sanitized thoroughly between each seating dl M� When possible,reservations or call ahead seating should be encouraged;managers must ensure that diners waiting for tables do not congregate - in common areas or form lines Restaurants may not provide customers with buzzers or other devices to provide alerts that seating is available or orders are ready;restaurants should instead use no-touch methods such as audio announcements,text messaging,and notices on fixed video screens or blackboards Provide training to workers on up-to-date safety information and precautions including hygiene and other measures aimed at reducing disease transmission,including: iP 11':11,A I 1 i111)1° Social distancing,hand-washing,and requirement and proper use of face coverings •Modifying practices for serving in order to minimize time spent within 6 feet of customers •Self-screening at home,including temperature or symptom checks •Reinforcing that staff may not come to work if sick •When to seek medical attention if symptoms become severe •Which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus Restaurant operators should establish adjusted workplace hours and shifts for workers to minimize contact across workers and reduce congestion at entry points Limit visitors and vendors on site;shipping and deliveries should be completed in designated areas Workers should not appear for work if feeling ill Restaurants must screen workers at each shift by ensuring the following: •Worker is not experiencing any symptoms such as fever(100.3 and above),cough,shortness of breath,or sore throat; •Worker has not had'close contact'with an individual diagnosed with COVID-19."Close contact"means living in the same household as a person who has tested positive for COVID-19,caring for a person who has tested positive for COVID-19,being within 6 feet of a person who has tested positive for COVID-19 for 15 minutes or more,or coming in direct contact with secretions(e.g.,sharing utensils,being coughed on)from a person who has tested positive for COVID-19,while that person was symptomatic •Worker has not been asked to self-isolate or quarantine by their doctor or a local public health official •Workers who are sick or feeling ill must be sent home. Anyone showing signs of illness may be denied entry If the employer is notified of a positive case at the workplace,the employer should notify the local Board of Health(LBOH)where the workplace is located and work with them to trace likely contacts in the workplace and advise workers to isolate and self-quarantine Notify workers that they may not work if they test positive for COVID-19(they should be isolated at home)or are found to be a close contact of someone with COVID-19(they should be quarantined at home) Testing of other staff may be recommended consistent with guidance and/or at the request of the LBOH.Post notice to workers and customers of important health information and relevant safety measures as outlined in government guidelines Post notice to workers and customers of important health information and relevant safety measures as outlined in the Commonwealth's Mandatory Safety Standards for Workplace Designate the Person in Charge(105 CMR 590)for each shift to oversee implementation of the guidelines in this document Restaurants will be allowed to maximize outdoor dining space,including patios and parking lots where available,where municipal approval is obtained Recommended best practices When taking reservations and when seating walk-in customers,restaurants should retain a phone number of someone in the party for possible contact tracing Encourage use of technological solutions where possible to reduce person-to-person interaction(e.g,contactless payment,mobile ordering,text on arrival for seating) Workers who are particularly high risk to COVID-19 according to the Centers for Disease Control(e.g.,due to age or underlying conditions)are encouraged to stay home or arrange an alternate work assignment Workers are strongly encouraged to self-identify symptoms or any close contact to a known or suspected COVID-19 case to the employer Encourage workers who test positive for COVID-19 to disclose to the employer for purposes of cleaning/disinfecting and contact tracing I11111 iuuwiii"' Clean commonly touched surfaces in restrooms(e.g.,toilet seats,doorknobs,stall handles,sinks,paper towel dispensers,soap dispensers) frequently and in accordance with CDC guidelines Keep cleaning logs that include date,time,and scope of cleaning �IUV)fID11DJj` Conduct frequent disinfecting of heavy transit areas and high-touch surfaces(e.g.,doorknobs,elevator buttons,staircases) I'i1 I,1 4 G 1`s. Implement procedures to increase cleaning/disinfecting in the back-of-house.Avoid all food contact surfaces when using disinfectants.Food contact surfaces must be cleaned and sanitized before use with a sanitizer approved for food contact surfaces.Non-food contact surfaces must be C1 I°I"J,1::1::C" I N� G frequently cleaned In the event of a presumptive or actual positive COVID-19 case of a worker,patron,or vendor,the restaurant must be immediately shut down for 24 hours and then must be cleaned and disinfected in accordance with current CDC guidance before re-opening I -- �,,. 6100W, ,; Ensure>6ft between Individuals ❑ When indoor table service is permitted,restaurants are encouraged to structure operations to operate as much as possible through outdoor table service and to strictly limit indoor table service in order to assure effective compliance with social distancing requirements and to limit activities within confined spaces ❑ Restaurants must comply with the following sector specific social distancing rules for providing dining services in all customer seating areas: Tables must be positioned so to maintain at least a 6 foot distance from all other tables and any high foot traffic areas(e.g.,routes to bathrooms,entrances,exits);tables maybe positioned closer if separated by protective/non-porous barriers(e.g.,structural walls or plexi-glass dividers)not less than 6 feet high installed between tables and high foot traffic areas • The size of a party seated at a table cannot exceed 6 people • Restaurants may not seat any customers at the bar,but subject to any applicable building and fire code requirements,bar areas maybe re-configured to accommodate table seating that complies with all spacing and other requirements in these COVID-19 safety standards • All customers must be seated;eat-in service to standing customers(e.g.,around bar areas)is prohibited • Restaurants provide carry-out or delivery service,but all safety standards for table separation,size of party,and hygiene must be maintained for any indoor or outdoor table seating that is available to carry-out patrons All other amenities and areas not employed for food and beverage service(e.g.,dance floors,pool tables,playgrounds,etc.)must be closed or removed to prevent gathering of customers Ensure separation of 6 feet or more between all individuals(workers,vendors,and customers)unless this creates a safety hazard due to the ❑ nature of the work or the configuration of the workspace: Close or reconfigure worker common spaces and high density areas where workers are likely to congregate(e.g.,break rooms,eating areas)to allow 6 feet of physical distancing;redesign work stations to ensure physical distancing(e.g.,separate tables,stagger workstations on either side of processing lines so workers are not face-to-face,use distance markers to assure spacing including in the kitchen area) • Establish directional hallways and passageways for foot traffic if possible,to minimize contact(e.g.,one-way entrance and exit to the restaurant).Post clearlyvisible signage regarding these policies Prohibit lingering in common areas(e.g.,waiting areas,bathrooms)and ensure social distancing in common areas by marking 6 feet spacing with tape or paint on the floor and signage All customer-facing workers(e.g.,servers,bus staff)must minimize time spent within 6 feet of customers Designate assigned working areas to workers where possible to limit movement throughoutthe restaurant and limit contact between workers (e.g.,assigning zones to servers) ❑ Stagger work schedules and staff meal and break times,regulating maximum number of people in one place and ensuring at least 6 feet of physical distancing ❑ Minimize the use of confined spaces(e.g.,elevators,vehicles)by more than one individual at a time ❑ Require face coverings far all customers and workers at all times,except where an individual is unable to wear a face covering due to medical condition or disability ❑ Improve ventilation for enclosed spaces where possible(e.g.,open doors and windows) ❑ Customers may remove face coverings while seated at tables Apply robust hygiene protocols ❑ All workers must wash their hands frequently,and table servers must wash their hands or apply hand sanitizer between each table interaction Ensure access to handwashing facilities on site,including soap and running water,and allow sufficient break time for workers to wash hands ❑ frequently;alcohol-based hand sanitizers with at least 60%alcohol may be used as an alternative Alcohol-based hand sanitizers with at least 60%alcohol should be made available at entrances,exits,and in the dining area ❑ Supply workers at workplace location with adequate cleaning products(e.g.,sanitizer,disinfecting wipes) ❑ Post visible signage throughout the site to remind workers and customers of hygiene and safety protocols ❑ Self-serve,unattended buffets,topping bars,drink stations,and other communal serving areas must remain closed ❑ Condiments and similar products(e.g.,salt,pepper,and salad dressing)should not be pre-set on tables and should instead only be provided ❑ upon request either in single-serving portions(e.g.,individual packages or cups)or in serving containers that are sanitized between each use Apply robust hygiene protocols ❑ Menus must be one of the following:1)paper,single-use menus disposed after each use,2)displayed menu(e.g.,digital,white board, chalkboard),3)electronic menus viewed on customers'phones/mobile devices ❑ Utensils and place settings must be either single-use or sanitized after each use;utensils should be rolled or packaged.Tables should not be pre- set to reduce opportunityfor exposure ❑ Tables and chairs must be cleaned and sanitized thoroughly between each seating Include safety procedures in the operations ❑ When possible,reservations or call ahead seating should be encouraged;managers must ensure that diners waiting for tables do not congregate in common areas or form lines ❑ Restaurants may not provide customers with buzzers or other devices to provide alerts that seating is available or orders are ready;restaurants should instead use no-touch methods such as audio announcements,text messaging,and notices on fixed video screens or blackboards Provide training to workers on up-to-date safety information and precautions including hygiene and other measures aimed at reducing disease ❑ transmission,including: •Social distancing,hand-washing,and requirement and proper use offace coverings •Modifying practices for serving in order to minimize time spent within 6 feet of customers •Self-screening at home,including temperature or symptom checks •Reinforcing that staff may not come to work if sick •When to seek medical attention if symptoms become severe •Which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus Restaurant operators should establish adjusted workplace hours and shifts for workers to minimize contact across workers and reduce congestion at entry points ❑ Limit visitors and vendors on site;shipping and deliveries should be completed in designated areas ❑ Workers should not appear for work if feeling ill ❑ Restaurants must screen workers at each shift by ensuring the following: ❑ •Worker is not experiencing any symptoms such as fever(100.3 and above),cough,shortness of breath,or sore throat; •Worker has not had'close contact'with an individual diagnosed with COVID-19."Close contact"means living in the same household as a person who has tested positive for COVID-19,caring for a person who has tested positive for COVID-19,being within 6 feet of a person who has tested positive for COVID-19 for 15 minutes or more,or coming in direct contact with secretions(e.g.,sharing utensils,being coughed on) from a person who has tested positive for COVID-19,while that person was symptomatic •Worker has not been asked to self-isolate or quarantine by their doctor or a local public health official •Workers who are sick or feeling ill must be sent home. Anyone showing signs of illness may be denied entry ❑ Encourage workers who test positive for COVID-19 to disclose to the employerfor purposes of cleaning/disinfecting and contact tracing.If the employer is notified of a positive case at the workplace,the employer should notify the local Board of Health(LBOH)where the workplace is ❑ located and work with them to trace likely contacts in the workplace and advise workers to isolate and self-quarantine Notify workers that they may not work if they test positive for COVID-19(they should be isolated at home)or are found to be a close contact of someone with COVID-19(they should be quarantined at home) ❑ Testing of other staff may be recommended consistent with guidance and/or at the request of the LBOH.Post notice to workers and customers of important health information and relevant safety measures as outlined in government guidelines ❑ Post notice to workers and customers of important health information and relevant safety measures as outlined in the Commonwealth's Mandatory Safety Standards for Workplace ❑ Designate the Person in Charge(105 CMR 590)for each shift to oversee implementation of the guidelines in this document Restaurants will be allowed to maximize outdoor dining space,including patios and parking lots where available,where municipal approval is ❑ obtained When taking reservations and when seating walk-in customers,restaurants should retain a phone number of someone in the party for possible El contacttracing y -A �'d Y d Y P ale 11 ,Jr Include safety procedures in the operations - ❑ Encourage use of technological solutions where possible to reduce person-to-person interaction(e.g.,contactless payment,mobile ordering, text on arrival for seating) ❑ Workers who are particularly high risk to COVID-19 according to the Centers for Disease Control(e.g.,due to age or underlying conditions)are encouraged to stay home or arrange an alternate work assignment ❑ Workers are strongly encouraged to self-identify symptoms or any close contact to a known or suspected COVID-19 case to the employer illlaf upmoii� C LAIJ,� "",JJ G /fie; 1)l S, "",J!;�E01II�� Incorporate robust hygiene protocols ❑ Clean commonly touched surfaces in restrooms(e.g.,toilet seats,doorknobs,stall handles,sinks,paper towel dispensers,soap dispensers) frequently and in accordance with CDC guidelines ❑ Keep cleaning logs that include date,time,and scope of cleaning ❑ Conduct frequent disinfecting of heavy transit areas and high-touch surfaces(e.g.,doorknobs,elevator buttons,staircases) ❑ Implement procedures to increase cleaning/disinfecting in the back-of-house.Avoid all food contact surfaces when using disinfectants.Food contact surfaces must be cleaned and sanitized before use with a sanitizer approved for food contact surfaces.Non-food contact surfaces must be frequently cleaned ❑ In the event of a presumptive or actual positive COVID-19 case of a worker,patron,or vendor,the restaurant must be immediately shut down for 24 hours and then must be cleaned and disinfected in accordance with current CDC guidance before re-opening OU$ Mo Town of Lexington t APNIl19"' NOW GUIDELINES GUIDELINES Extension of Premises: Outdoor Dining Area on Sidewalk This guidance is a step-by-step instruction manual if you would like to request use of the public sidewalk outside of your restaurant to allow outdoor dining to increase business activity and revenues safely and responsibly during the COVID-19 pandemic. Please be aware that all expanded premises approved pursuant to the Governor's June COVID-19 Order are only effective through November 1, 2020, or until the Order is rescinded, whichever is sooner, and revert to their original licensed premises on that date. To apply for consideration to use the public sidewalk the owner or his/her/their designee shall submit the following information to the Economic Development Office via email at oi�o i d y�llo,p ,@1� eexiiimgtoini a.gov Your application will be shared with the following individuals for review. However, please feel free to reach out to them directly with your questions. Name Email Address Contact for Questions About... Kim Katzenback, Select Board I .xnbac .. Itlni 2., Licensing, Liquor licensing ... . .ggy. .. ..Cathy Severance,Town Manager Office y .m�.l�� -�x.l. iiln.g:t lmir ...ggy Outdoor seating Casey Mellin, Health Agent COVID safety for staff and ,i��;i...'.....,(. 'n',m. tonma.gov customers and food safety David Pinsonneault, DPW d..pi.nson.ne uall.t. V. il.ulg pule. .g y Obstruction of public ways, public Director benches Jim Kelly, Building ikellll 4@liingtonma.le� ov ADA, accessibility Commissioner Mike McLean, Police Captain , .mrl. ll.2.2.m�_ .I ii.n alma .g �r Pedestrian and customer safety For additional information regarding COVID safety and sector-specific guidance for reopening, go to: Im ps°// nrvur,i ss.:ggor/i.lru cu.:::ci. .fills/Ir p !].iilrn.g.:::massa.cll�.�u.s tts REQUIRED DOCUMENTS I. Basic Information—fill out the attached form and include it with your submittal. II. Plan—submit a drawing showing the sidewalk area you would like to use for outdoor dining that includes the following information: a. Dimensions of the sidewalk area you would like to use. b. Distance between the entrance to your restaurant and the outdoor seating area. c. The layout of tables and chairs. NOTE: Tables must be 6' apart to facilitate social distancing. 1 dus MI©gti; Town of Lexington d. Dimensions of tables. e. Photo or description of barriers to be used around the perimeter of the outdoor dining area. f. Tenting over sidewalks shall be strictly limited and requires the approval of the Building and Fire Departments. The outdoor dining area and barriers must be accessible and meet ADA and Massachusetts Architectural Access Board's regulations. h.t s..ww ..u�nass.,g�r�r/Il.a�nr.. I.iib1.a 1z.21mgm..r. This information is also included in this guidance packet. III. Outdoor Dining COVID-19 Safety Protocol Plan —fill out the attached form and include it with your submittal IV. Outdoor Dining COVID-19 Safety Protocol Affidavit— review the attached affidavit and include the signed document with your submittal. Responsibilities of the Restaurant The restaurant, through its owner and/or manager, is responsible for the following as it pertains to the use of the public sidewalk for outdoor dining: 1. Adherence to the plans and documents submitted, reviewed, and approved; 2. Procurement of tables, chairs, disinfecting stations, and any other physical items that will be inside the outdoor dining area; 3. Procurement and installation of temporary safety barriers to be placed around the perimeter of the outdoor dining area identifying the space and providing a buffer from pedestrian traffic; and 4. Provide evidence of liability insurance over the new dining space to the Town. Rights of the Town of Lexington The Town of Lexington reserves the right to revoke its permission to allow the outdoor dining area for the following reasons: 1. The operation of the outdoor dining area is not in compliance with submitted safety protocols; 2. The operation of the outdoor dining area is negatively impacting pedestrian travel along the public sidewalk and/or public way and/or is not facilitating safe passage as per Americans with Disability Act requirements. 3. The Health Agent, Chief of Police, Director of Public Works, and/or their designees determine that the operation of the outdoor dining area is negatively impacting public health and safety. 2 OUS MDgH Town of Lexington t APNIl19"' NOW BASIC BASIC INFORMATION 1. Business name: 2. Business address: 3. Business phone number: 4. Owner/manager: 5. Owner/manager email address: 6. 24-hour contact number(In case of issues outside of normal business hours): 7. Business hours of operation: 8. How many tables and chairs would you like to put in the outdoor dining area? 0 NOTE: Tables must be at least 6' apart to facilitate social distancing. 9. Will you be using umbrellas? 0 YES 0 NO If YES, note that the umbrellas may not have any logos or signage on them unless approved by the Town. The minimum height of umbrellas must be 7' as measured from the base to the lowest point of the umbrella as it is open. The umbrella must not hang over the clearance aisles within the outdoor dining area or adjacent public ways. 10. Will you be serving alcohol in the outdoor dining area? ®YES NO If YES, contact Kim Katzenback in the Select Board Office at DV< ; x. irr,IVI, uuglt �rog �r regarding the process to extend your premises to allow the sale and consumption of alcohol in the outdoor dining area. 3 dus MlogM1; Town of Lexington OUTDOOR DINING COVID-19 SAFETY PROTOCOL PLAN I. Social Distancing. Check the boxes to certify that you have: Ensured that all persons, including employees and customers in the outdoor dining area, remain at least six feet apart to the greatest extent possible. ® Established protocols to ensure that employees can practice adequate physical distancing. ® Posted signage for safe physical distancing. 0 Required face coverings or masks for all employees that cover their mouth and nose. II. Hygiene Protocols. Check the boxes to certify that you have: F0Provided handwashing capabilities throughout the workplace. 0 Ensured frequent handwashing by employees and provided adequate supplies to do so. FM Provided regular sanitization of high touch areas, such as workstations, equipment, screens,tables and chairs, perimeter barriers, doorknobs, restrooms. Implemented additional procedures. Please describe them here: III. Staffing and Operations. Check the boxes to certify that you have: 0 Provided training for employees regarding social distancing and hygiene protocols. Fn Ensured employees who are displaying COVID-19-like symptoms do not report to work. Implemented additional procedures. Please describe them here: IV. Cleaning and Disinfecting. Check the boxes to certify that you have: Established and maintained cleaning protocols specific to the outdoor dining area. ® Ensured that when an active employee is diagnosed with COVID-19, cleaning and disinfecting is performed Prepared to disinfect all common surfaces at intervals appropriate to said workplace. Implemented additional procedures. Please describe them here: Signature of Owner/Manager Print Name Date 4 OUS MiogH. Town of Lexington t APNIl19"' NOW AFFIDAVIT OUTDOOR DINING COVID-19 SAFETY PROTOCOL I, (write name) being the owner or manager of (name of the restaurant) located at Lexington, MA, acknowledges and accepts the responsibilities of maintaining a clean and safe outdoor dining experience for guests and staff in the outdoor dining area through the diligent adherence to the Outdoor Dining COVID-19 Safety Protocol Plan submitted along with any and all mandatory state safety standards for workplaces and outdoor dining. Signature of applicant Date I L Print Name 5 dus MlogM1; Town of Lexington REQUIREMENTS FOR ACCESSIBILITY Dining must be accessible and meet ADA and Massachusetts Architectural Access Board's regulations. hit.t s.-../r.rm ss.g v/I v ::.(ii air irY ................................ 521 CMR 17.00: RESTAURANTS 17.2 SEATING At least 5% but not less than one, of the tables, shall be accessible, be on an accessible route, and in compliance with the following: 17.2.2 A 36-inch (36" = 914mm) access aisle shall be provided between all accessible tables. No seating shall overlap the access aisle. See Fig. 17a. 17.2.3 Clear floor space as defined in 521 CMR 5.00: DEFINITIONS shall be provided at each seating space. Such clear floor space shall not overlap knee space by more than 19 inches (19" =483mm). See Fig. 17a. 17.2.4 Knee Clearances: If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27 inches (27" = 686mm) high, 30 inches (30" = 762mm) wide, and 19 inches (19" =483mm) deep shall be provided. See Fig. 17b. 17.2.5 Height of Tables or Counters: The tops of accessible tables and counters shall be from 28 inches to 34 inches (28" to 34" = 711mm to 864mm) above the finish floor or ground. See Fig 17b. 9 W' f ` a Ems", 483 w Xacessi Ile Room, T. t sI, Ir 4 wRRi v, 9 Ww q ie wW� erirnr�wx��iw�_. Table N�RR�lghts and �A�sran w Clearances RFli Lure 1air a�iniu� ��i a Fig 17 RJ 6 dus MI©gM1; Town of Lexington ACCEPTABLE BARRIERS Barriers placed around the perimeter of the outdoor dining area must meet the following requirements: • Height: Between 36"—38" in height • Not Permanent: Free-standing, stable, and easily removed • Continuous Rail:They must have a continuous rail 2" to 6" from the sidewalk or parking space surface • Base: The base of the barrier must be flat, with less than %" thickness and placed so that it extends less than 6" into the areas around the outdoor dining area. SAMPLES OF ACCEPTABLE BARRIERS 4 /f I�Y���maJ/% �ii I i 'i i IVIIIIII i u I V uII r IF rl�/ I�IM�1� 7 \pU5 MORh,I y ANII19' Y-0 Town of Lexington ING'co� GUIDELINES Extension of Premises: Outdoor Dining Area on Private Property/Parking Lot This guidance is a step-by-step instruction manual if you would like to request use of a private parking lot or land adjacent to your restaurant to allow for outdoor dining to increase business activity and revenues safely and responsibly during the COVID-19 pandemic. Please be aware that all expanded premises approved pursuant to the Governor's June COVID- Order are only effective through November 1, 2020, or until the Order is rescinded,whichever is sooner, and revert to their original licensed premises on that date. To apply for consideration to use the private parking lot or land ithe owner or his/her/their designee shall submit the following information to the Economic Development Office at economicdevelopment@lexingtonma.gov Your application will be shared with the following individuals for review, as appropriate. However, please feel free to reach out to them directly with your questions. Name Email Address Contact for Questions About... Kim Katzenback, Select Board Clerk I x lr�.I V< I. .iu�..q .g2y Licensing, Liquor licensing Michael McLean, Police Captain ,mll .III. .m .V. iiang.alr . ..gpy Pedestrian, customer safety COVID safety for staff and Casey Mellin, Health Agent i7n IIII.�.rn a. ii.mg pi mm. ...ggy customers and food safety Jim Kelly, Building Commissioner "keVll yfIlexin tonm .a ov ADA Compliance For additional information regarding COVID safety and sector-specific guidance for reopening, go to: Im usetts REQUIRED DOCUMENTS I. Basic Information—fill out the attached form and include it with your submittal. II. Letter of Permission, if applicable—If the parking lot is not owned by the restaurant, submit a letter of permission from the owner of the parking lot indicating permission to use it for outdoor dining. III. Letter(s)of Acknowledgement, if applicable—If other businesses and/or residents share the use of the parking lot, submit letter(s)of acknowledgment of this plan from all other users. IV. Plan—submit a drawing showing the parking lot you would like to use for outdoor dining that includes the following information: a. Dimensions of the entire parking lot. Include the total number of spaces and handicap spaces. b. Dimensions of the portion of the parking lot to be used for outdoor dining. Include the number of spaces that will be used for dining. c. Locations of the curb cut with ramps to the parking lot, if applicable. d. The layout of tables and chairs. NOTE:Tables must be 6' apart to facilitate social distancing. e. Dimensions of tables. pp'\pusr^MpRh,�C C A 3 -0^ Town of Lexington APRIL I9'r �E'Xl NGI�� f. Photo or description of barriers to be used to protect diners from vehicles and their locations (i.e. at entrance(s)to the parking lot, around the portion of the lot being used for outdoor dining, etc.). g. Plan for tenting.Tents must be approved by the Building and Fire Department. The outdoor dining area and barriers must be accessible and meet ADA and Massachusetts Architectural Access Board's regulations. h.tt s: www.ma.ss. ov law-Hbrar 52.1-cmr. This information is also included in this guidance packet. V. Alternative Parking Area(s)—describe or indicate on a map, other areas where customers could park when visiting your establishment VI. Outdoor Dining COVID-19 Safety Protocol Plan—fill out the attached form and include it with your submittal VII. Outdoor Dining COVID-19 Safety Protocol Affidavit—review the attached affidavit and include the signed document with your submittal. Responsibilities of the Restaurant The restaurant,through its owner and/or manager, is responsible for the following as it pertains to the use of the parking lot for outdoor dining: 1. Adherence to the plans and documents submitted, reviewed, and approved; 2. Procurement of tables, chairs, disinfecting stations, and any other physical items that will be used in the outdoor dining area; 3. Procurement and installation of temporary safety barriers to protect diners from vehicles; and 4. Provide evidence of liability insurance to the Town covering the new dining space. Rights of the Town of Lexington The Town of Lexington reserves the right to revoke its permission to allow the use of the parking lot for outdoor dining for the following reasons: 1. The operation of the outdoor dining area is not in compliance with submitted safety protocols; 2. The outdoor dining area is not facilitating safe passage in accordance with Americans with Disability Act requirements. 3. The Health Agent, Chief of Police, and/or their designees determine that the operation of the outdoor dining area is negatively impacting public health and safety. pp'\pusr^MpRh,�C C A 3 -0^ Town of Lexington APRIL I9'r �E'Xl NGI�� BASIC INFORMATION 1. Business name: 2. Business address: 3. Business phone number: 4. Owner/manager: 5. Owner/manager email address: 6. 24-hour contact number(In case of issues outside of normal business hours): 7. Business hours of operation: 8. Who owns the parking lot? If the business owner is not the owner of the parking lot, submit a letter from the owner authorizing the use of the lot by the restaurant. 9. How many OTHER businesses share the parking lot beside the restaurant? If the restaurant is not the only user of the parking lot, the other users of the lot must indicate their knowledge and support of the use of the lot for outdoor dining by submitting signed acknowledgment of the restaurant's plans. 10. How many tables and chairs would you like to put in the outdoor dining area? NOTE: Tables must be at least 6' apart to facilitate social distancing. 11. Will you be using umbrellas? FFJ YES IJ NO If YES, note that the umbrellas may not have any logos or signage on them unless approved by the Town. The minimum height of umbrellas must be 7' as measured from the base to the lowest point of the umbrella as it is open. The umbrella must not hang over the clearance aisles within the outdoor dining area or adjacent public ways. 12. Will you be serving alcohol in the outdoor dining area? F=YES =NO OQ'\OUS�yMORN�C AGRIl14'° A^ Town of Lexington '1N G�� If YES, contact Kim Katzenback in the Select Board Office at Ikl z lm,l ,clk„�@�,lexin. olnm.a. regarding the process to extend your premises to allow the sale and consumption of alcohol in the outdoor dining area. \pU5 MORh,I y ANII19' Y-0 Town of Lexington INGco� OUTDOOR DINING COVID-19 SAFETY PROTOCOL PLAN I. Social Distancing. Check the boxes to certify that you have: 0 Ensured that all persons, including employees and customers in the outdoor dining area, remain at least six feet apart to the greatest extent possible. ® Established protocols to ensure that employees can practice adequate physical distancing. FMPosted signage for safe physical distancing. 0 Required face coverings or masks for all employees that cover their mouth and nose. II. Hygiene Protocols. Check the boxes to certify that you have: F1 Provided hand washing capabilities throughout the workplace. FM Ensured frequent hand washing by employees and provided adequate supplies to do so. FO Provided regular sanitization of high touch areas, such as workstations, equipment, screens,tables and chairs, perimeter barriers, doorknobs, restrooms. ® Implemented additional procedures. Please describe them here: III. Staffing and Operations. Check the boxes to certify that you have: M Provided training for employees regarding the social distancing and hygiene protocols. FM Ensured employees who are displaying COVID-19-like symptoms do not report to work. 0 Implemented additional procedures. Please describe them here: IV. Cleaning and Disinfecting. Check the boxes to certify that you have: FM Established and maintained cleaning protocols specific to the outdoor dining area. F0 Ensured that when an active employee is diagnosed with COVID-19, cleaning and disinfecting is performed Prepared to disinfect all common surfaces at intervals appropriate to said workplace. Implemented additional procedures. Please describe them here: Signature of Owner/Manager Print Name Date \pU5 MORh,I ANII19'" s Town Of Lexington INGco� AFFIDAVIT OUTDOOR DINING COVID-19 SAFETY PROTOCOL I, (write name) being the owner or manager of (name of restaurant) located at Lexington, MA, acknowledge and accept the responsibilities of maintaining a clean and safe outdoor dining experience for guests and for staff in the outdoor dining area through the diligent adherence to the Outdoor Dining COVID-19 Safety Protocol Plan submitted along with any and all mandatory state safety standards for workplaces and outdoor dining. Signature of applicant Date Print Name pp'\pusr✓MOQN'�C C A 3 -0^ Town of Lexington APRIL I9'r �E'Xl NGI�� REQUIREMENTS FOR ACCESSIBILITY Dining must be accessible and meet ADA and Massachusetts Architectural Access Board's regulations. h t. s .:_u1% s .:. v l_ .::.�P_b_ra_rVI _..j::::: _ 521 CMR 17.00: RESTAURANTS 17.2 SEATING At least 5% but not less than one, of the tables shall be accessible, be on an accessible route, and in compliance with the following: 17.2.2 A 36-inch (36" = 914mm) access aisle shall be provided between all accessible tables. No seating shall overlap the access aisle. See Fig. 17a. 17.2.3 Clear floor space as defined in 521 CMR 5.00: DEFINITIONS shall be provided at each seating space. Such clear floor space shall not overlap knee space by more than 19 inches (19" =483mm). See Fig. 17a. 17.2.4 Knee Clearances: If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27 inches (27" = 686mm) high, 30 inches (30" = 762mm) wide, and 19 inches (19" =483mm) deep shall be provided. See Fig. 17b. 17.2.5 Height of Tables or Counters: The tops of accessible tables and counters shall be from 28 inches to 34 inches (28" to 34" = 711mm to 864mm) above the finish floor or ground. See Fig 17b. " mr n 9T4 ryryo r ... ,. ..,.. ».,..,i y° 1 ' arm 4> AccosAdb4e R-1 ula,,. N 1 uareMun 14 , `* w "`/ F1iirre 17a pp'\pusr^MpRh,,�C C A 3 -0^ Town of Lexington APRIL I9'r �E'Xl NGI�� ACCEPTABLE BARRIERS Barriers placed around the perimeter of the outdoor dining area must meet the following requirements: • Height: Between 36"—38" in height • Not Permanent: Free-standing, stable, and easily removed • Continuous Rail: They must have a continuous rail 2" to 6" from the sidewalk or parking space surface • Base: The base of the barrier must be flat, with less than %" thickness and placed so that it extends less than 6" into the areas around the outdoor dining area. SAMPLES OF ACCEPTABLE BARRIERS �l ;� I� -•r �f u r ul wn�I � I � ire✓ ���l u�»�'a�i I !iu N it / rl. l i � / r � a-j U � N O U N U 0 N a o � � o +� E .V) .— — 4-j O O +jLn •- x to C u Sh..- C o O •Ln 4— � N Cn i •CT 4-j _ N E 4-' O N ca a--j _0Q Ln a) w c: E •� •� Q) _0 �' �+ +, 4-+ 0 - O U CD Q Q Q r 0 0 0 0 O 4J i 0 m ,O s ca O N o � O v o s E ai O 'rw ro U a Ln m O N V C f6 a) Q cB fo a-J > Ora Q -0 L U O Q +� L qA Ln a) U 0_ CL N Q E U `u �O N N N f� U Q i Ln [6 s Q Q � V N U (nLn s Q n � , r rl r ate+ bn a a) m O 4-1 Q N +� ca U i O O m �qA N Q O rz 3 N z3 E u L O N cn t]A (a O —0 4' u Q � }' ca D L N Ca O S cu L 0 O a Q cn P Id 44 f v 7 �t m y U4� � � Intl III �{��(��� �o �r �`o �� �i i,M,�• r 'Olio/ n� tr, 41 V pp w � 1 L- ai > O Ln D c� O p � � in E �• — O 'v cc a + co N L L Q O N aJ N O a + L E N N L O L N v ° L m N v iL o O -c +J a ai � C W ON -C O w a) i � L 0 _ OC N N in v J � c� s Q i 11i ,kftaq � ar II 1� i O N O N N vi N N N f0 L a--+ro N Y i O O U _ 3 +J v M ~ E � O bn o O O O C1A a , N � 4-j O O �O L O O D O Q C co Q E � `~ Ln to O X cn L ® O u w N LJ w p � N4w L N }' O v� w > 5 E N m = E O = -, D = oC Q cn 2 00 w c U O F- - 0 . . i E 1 l U uu, d i r r l uuuuuu� uuuuuuu1110 uuuu� � uuu� ` H OP �mmm�u�umm�mmmmm�u�u�m�mmmmm�umm�m�m�mmmmmmm�u�umim �UDPDJ�I�Ifffffffffff IA�1D1P1NpM�DD1D�i0D19O1D100�P1�ANPD i IIIII r um a um 'u°t a ir e rIIII ml I� III iiiir How �„ IIII p y �iumm IIIII IIIII IIIII IIIII m IIIII G �'I('�p r rn In N'� IIIII IIIII IIIII V f�I��III IIIII r IIIII IIIII 1, twot IIIIIIn e t Rtt Ip�Ili �, IIIII'" t r, � ri IV IIIII utlhoirs, Betsy Cowan, Raul Gonzalez, and Jenn Kaplan Coiuntiruolbutouirs: Mark Fine, Barry Keppard, Brian Luther, Mark Racicot, and Elaine Zhang This document contains recommendations for municipalities to facilitate small business' reopening and recovery. These businesses are critical to local economies and they face significant challenges in being able to survive past the early phases of the COVID-19 crisis. Neighborhood businesses are particularly vital in some of our hardest hit communities, and if we help them to move beyond the current crisis, they can serve as the backbone of neighborhood revitalization. Municipal government has a key role to play in helping small business to reopen, recover, and thrive well into the future. However, the Commonwealth must provide clear, consistent guidelines and requirements, and to ensure consistent messaging to business owners, employees, and customers about how to remain safe after reopening occurs. The state can also play a key role in providing access to testing and PPE, as well as support for the increased enforcement needed to ensure compliance. Throughout the phases of reopening and recovery, municipalities will need to be entrepreneurial and flexible according to changing needs and conditions of small businesses in their community. In each city or town, these recommendations can help to guide the development and implementation of a plan for each municipality, but always with the involvement and input of the communities being served, and with cultural awareness and sensitivity. 1 Small businesses are defined as 50 employees or fewer r um� IIIIII IIIIII IIIIII "stj&IIIII IIIIII t. iir a�IIIIII Ilbusuiiusesses aire a lk:e pairt of II rMas urt(iwlllVriir sertts' e remrmemrmrmi eurmd ideintity. • There are 322,958 small businesses in Massachusettsz • These businesses provide a sense of place and community and play a key role in neighborhood identity. • Small businesses empower families and individuals to improve their lives and life skills. 2. Ilii t iiri iiii eii Illf4III iiiit i1i e e ni pIlay e key ursm IIle fin Illh eIIII IIII i1i iisg Ilb ti s iiii its e s ses st mrW iil re • Financial assistance and support generating revenue are crucial for businesses experiencing severe impacts. • Reduction of business expenses, through regulatory relief as well as expedited reopening assistance when it is safe, will allow businesses to be successful both now and over the long-term. 3 1"°Illh e uurm esrr e inv i mr tr urn uml e uus t icon Whidh Illh iii s ui us e s s e s r ire now e Ill e core t ui urm g core g ul iiii cores unew itu iiiits "ss iareg ;mIIls and requfires siireatiiive irruxurniiieiifiIl eIIII stjIpIIIpmrt to II[I&IIIII Chose iiriroegdlis to aimirneurg,e s iu eee ��mmss fti • Physical distancing will lead to new ways of doing business and will force businesses to adapt. Municipalities must follow suit with the creative use of public policy, programs and public space. • New businesses will emerge in response to shifting customer behavior and new needs. Alternative business models, such as worker-owned cooperatives, might prove to be more resistant to economic shocks and could prove to generate more wealth for their owners. • Short-term responses could lead to longer term positive changes to improve the environment in which small businesses operate. Regulatory relief now could lead to regulatory reform in the future. 4. V iiuiiiisillIII IIIIIiiitiiie°r sIlheeIIIIg wmHk h°Illlh tIllheiiiiir slirerrIIIIIIII Illbussiiiiirule ases &rmd the t'weiiiirmiirriielii ruurrmrellll IIYs 'to carefOHly Cradk iiemeasu Tres of su', eeess °to Wniig eiirs aiisg [iow to uresll eusd t .fir uare giuisurtjIlp Gieuur�s acosd IllsiiidII[i temrmr"niIll ouraurg umea suores to e mY°ii e art Illls e ur iinin rr mril(Ir us tIIII . 2 Source: InfoGroup USA, 2016 um� " . t IIIIIII &iirtoiiii ng Ilbusinesses owned Ilby wonnein, IlllseoIII IIIIe of c6Illmr° and iiii iim rn iiii g rots ir v s t I t� as s e. iis ttidce Itave had less s ccess � � s recover. t the iiir+l�susiiirce..� iiir�ee t°�� succ s. ��• Businesses owned by immigrants and people of color are particularly prevalent in the most affected neighborhoods. With support, these businesses could play a key role in neighborhood recovery. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Municipalities should focus on the following goals when providing support to small businesses in their communities. A balanced approach with actions designed to achieve these three goals will allow businesses to survive and thrive. �� � � a ����, � . � � mm � , - IIII � , � �� �w � � � • � �� � � . Illillllll���IIIIIII�IIIIII�II IIII I��IIIIII IIIIII��IIIIII III IIIIIII III IIIIIII IIIIIII IIIIII IIIIIII IIIIIII IIIIIII IIIIIIIII IIIIII IIII IIIIII IIIIII �IIII�IIII IIIIII IIIIII IIIIII IIIIII�II III I��IIIIIIII(IIII III IIII III IIIIII IIIIIII IIIIIII IIIIIII(IIIIIII IIII�III�III IIIIII III (IIIIIII II IIIIII IIII�IIII IIIIIII I��IIIIIIII III IIIIIII �IIIIII�II IIIIII��IIIII�II ��IIIIII III�IIII�III III (IIII IIII II ��IIIIII IIIIIII [))rovide te6llsiiisiiic4IIII a ssiiist°;wrice to III eIIIIIII sruun4IIIIII IIbi,msiiiiiiriesses adaIIIjpt to iiurmelffl state r i&lllatiiiuiins. • Support to secure PPE • Access to testing sites • Printable signage for physical distancing requirements • Webinars and online information on regulations and guidance • Translated materials and interpreters on-hand (partner with local CBOs for staff or volunteers) • Ensure that a staff member from each business is in communication with the Public Health Department to receive important updates and provide timely information. Iliilllll���illllll�illli�ill IIII IIII I�III��III �iillll ill III IIIIII illlllll III �illlll illll�lll IIIIII �iilllllll IIIIII III�III�III IIIIII�II IIII IIII IIIIIII �illl�ll IIIIII III IIIIIII illlllll Illill�IIIIII III ��illlllll IIII �illlll IIIIII illllli�lll��illlll lllll;vllis iiir s Illf llllscliiiu t iiir ii1tii1e miir° Ilbusiiiiiiinesses to sellllllll goods and rr&rviiicer 1. The outdoor vending options below should be done following health and safety guidelines to ensure proper physical distancing, sanitation of all materials and equipment, etc. 2. All outdoor vending must be done in compliance with ADA regulations, e.g. platforms at curb site, etc. 3. Although touchless point of sale (credit/debit card processing or payment apps) is best to protect health and safety, some individuals are unbanked and operate in cash. It is important to consider safe cash options for these individuals. r um a um Expanded point of sale: In-person Facilitate curbside pickup • Remove parking from dense city/town centers to make more room for people to walk, bike, and patronize businesses and services. Businesses can extend outside store fronts into the curb parking(or travel lane). Allow sidewalk or street vending • Allow for sidewalk or street vending without special permit or waive permit fee. If the sidewalk width is not sufficient to allow for vending activity while complying with ADA regulations, curbside parking should be repurposed to allow for retail activity on the street. Allow outdoor seating for restaurants • Allow for outdoor seating for restaurants without special permit or waive permit fee. If the sidewalk width is not sufficient to allow for seating while complying with ADA regulations, curbside parking should be repurposed to allow for parklets and additional seating on the street. • Consider allowing outdoor alcohol service for restaurants with liquor licenses, if properly monitored and served at the table. This would require a state regulatory change. Convert private parking lots to restaurant and retail space • Utilize private parking lots for outdoor dining and shopping to create open air cafes and increase the number of patrons an establishment can serve safely. Such changes would require negotiation with owners and abutters. Create street markets • Close selected streets in retail districts to allow for outdoor shopping and dining stalls. Activate plazas for commerce • Activate public plazas, squares, or downtown parks for small businesses and restaurants to sell their products as outdoor markets. Expanded Point of Sale: Delivery Cap the cost of restaurant delivery services to limit costs to small businesses. • Given recent increases in cost, municipalities should explore intervention to cap cost of restaurant delivery services. • Seattle and San Francisco have passed commission caps. Newton, Cambridge and Boston are currently considering caps. w u a um • Municipalities will need to work with their legal counsel and the Attorney General's office to explore the options for this. • Note that there are workforce implications with this option given that caps could result in lower pay for low-wage positions such as delivery drivers. Develop municipal partnerships with alternative delivery services to encourage curbside pickup. Expanded Point of Sale: Online fulfillment • See state order. Link: https:f/www.mass.govlinfo-detailslcovid-19-essential-.services- fa s • Provide technical assistance to businesses interested in developing or expanding online sales. Regulatory changes • Allow businesses to sell new products and services in demand (groceries, PPE, cleaning supplies). • E.g., wholesale resale of groceries in restaurants(Boston) Provision of Technical Assistance • Partner with local chambers and technical assistance providers to host webinars on ways businesses are adapting to changing customer habits and needs, resources available, etc. • Provide 1-1 consultants or group consultations to businesses interested in adapting their business model. • Partner with pro-bono legal assistance organizations or law firms providing pro-bono services to offer lease negotiation workshops and support. • Provide technical assistance to small-scale landlords to develop new lease structures to facilitate tenant reopening and recovery. Workforce Development Support • Provide connections to Career Centers and other workforce development organizations to assist with hiring, managing layoffs and navigating unemployment resources. Financial support • Expand existing programs to provide more/larger grants to small businesses through Community Development Block Grant funding or other funding sources. • Refer businesses to lending institutions, including non-profit or public small business lenders. u um a um • Engage foundations and philanthropic lenders to explore potential funding support. Marketing • Implement a buy local campaign in partnership with a local chamber, Main Street organization, or Business Improvement District. roviiidlt teiiiillll Iiiouv uIAAII Illl mr°t (`or Il e iiirfiii uw busfiness types e Childcare Key challenges • Financial viability given closures • Operational/safety viability given space layouts/limitations • Access to PPE • Addressing outbreaks • Parent/guardian/employee confidence Responses • Provide financial assistance through grants or loans, or increased vouchers to lower- income parents, especially single parents or essential workers. • Partner with childcare centers to create tools to match essential workers with open locations. • Provide technical and financial support to access PPE. • Provide technical and financial support to modify physical space to meet distancing and safety standards. • Provide expedited licensing, permitting and financial assistance to new child care centers. Restaurants Key challenges • Occupancy restrictions will negatively impact business models built on built on higher sales volume. • Operational/safety viability given space layouts/limitations • Supply chain disruptions given business closures Responses • Provide expanded in-person pick-up and delivery options (see above). • Purchase food from restaurants to provide to food insecure residents. • E.g. Cambridge program • Provide technical and financial support to modify physical space to meet distancing and safety standards. u uumu a um Retail Key challenges • Occupancy restrictions will negatively impact business models built on higher sales volume. • Operational/safety viability given space layouts/limitations • Supply chain disruptions given business closures Responses • Provide expanded in-person pick-up and delivery options (see above). • Explore municipal or regional procurement of PPE and other products from local retailers. • Provide technical and financial support to modify physical space to meet distancing and safety standards. Farmer's Markets Key challenges • Space limitations due to physical distancing requirements • Supply chain disruptions leading to fewer products available • Increased health and safety regulations may demand increased capacity from farmers, who would be putting themselves at risk • Reaching food insecure residents who are high-risk and will need to continue to stay inside Responses • Provide expanded public space options (see above). • Offer translation and interpretation services. Universities could provide assistance via connecting students with local health departments. • Lower cost barriers for food insecure residents by partnering with farmers to expand acceptance of SNAP/HIP payments. • Reduce contact risks by partnering with farmers to have consolidated processing of SNAP and HIP happen by market management. • For those who rely on token systems, explore efficient disinfecting processes. • Encourage markets to pre-bag products to reduce crowding due to browsing. • For high risk residents who should continue to shelter in place, partner with farmers who are regular vendors to provide contactless curbside pickup in central spots in neighborhoods, or mobile market providers that already provide that service. • Prioritize reopening markets by assessing neighborhood healthy food access needs. • Work with farmers experiencing supply chain delays to schedule market days according to produce availability. um� • Encourage markets to add culturally-relevant food products, through partnership with a local retailer or other suppliers, to broader the offering of fresh produce. • Allow Farmers' Markets to sell grocery"pantry" items. • Promote online and, as possible, over-the-phone ordering via CSAs or partner sites such as Mass Food Delivery. • Underwrite purchases by residents from farmers to that the price of food at a farmer's market is comparable to the price of food at a grocery store. • Provide event producers with nearby public sanitation resources once such events are allowed (e.g. outdoor handwashing stations equipped with hand sanitizer, which can be rented or purchased). Arts & Culture Key Challenges • Lack of space for events and rehearsals given physical distancing restrictions • Lack of PPE and cleaning supplies • Lead time and certainty needed to stage full productions and events (2-6 months) Responses • Provide expanded public space options (see above)for performances, concessions and product sales or distribution. • Assist with scheduling and coordinating community art events. • Provide technical assistance to transition into outdoor physical distancing operations. • Partner with community access television stations to create online content in partnership with cultural organizations. • Create partnerships with local school districts to provide cultural enrichment content online to students. • Coordinate with artists and crafts people, textile craft businesses (sewing stores)to shift to production of masks and other needed supplies. • Promote online sales of tickets, concessions, artwork, materials, and supplies. IIIIIIII uul IIIIIIIIIIIII IIIIII IIIIIIII IIII IIII IIIIIIIIII IIIIIIII(IIIIIIII III IIIIIIIIII(IIIIIIIIII IIIIIIII IIIII(IIIIIIII IIIIIIII(IIIIII IIIIIIIIII IIIII IIIIIIII IIIIIIIIII IIIIIIII IIIIII IIIII IIIII IIIIIIII III IIIIIIIIII IIIIIIII III Illllll llillllil IIIIIIII IIIIIIII IIIIII III IIIIII IIIIII IIIII IIIIII uI uI�II�iIIII���uum IuuI�ill a lull umoul ullul m Iloilo Iluuuu ullul iui uI uumlul luuuu oil ummu uI uI IuuI�ill ullul liui IIII'°��� 'u��IIII IIII IIII Iln� III� 11°Iln��i III��" III It is important to conduct a cost-benefit analysis to determine the feasibility of the regulatory Permit/License Fee waivers measures listed below, with the goal of Annual Business License: providing needed support to small businesses Prorate the fee while also protecting municipal finances. r um a a um Vending/Provision of goods outside of the establishment: • Take out • Outdoor vending in public realm • Outdoor seating for restaurants Other license/permit for key business elements • Liquor licenses • Municipalities could also consider buying back liquor licenses and reissuing them as non-transferrable licenses to provide needed capital to the business. • Common Victualler's licenses Consideration should also be given to waiving fees for reinspection of businesses prior to reopening. Permit/License waivers • Take-out • Permits for sale of additional goods, such as groceries, etc. • Outdoor vending in public realm • Outdoor seating for restaurants • Allow home-based businesses with online sales by right in accordance with health and safety regulations and physical distancing restrictions in place for other brick and mortar businesses (i.e. product is picked up outdoors, masks and gloves worn, transaction conducted online, etc.) • Waive local business license requirements for individuals working out of their homes without bringing additional workers onto the premises. Tax abatements • Delayed payment of meals taxes • Delayed payment of property taxes Forbearance of certain debts • Taxes owed • License, permit fees owed Loan forgiveness • Forgiveness of municipal loans to small businesses with documented hardship Process Improvements to ensure expedited reopening • Online scheduling for needed inspections • Virtual inspections where possible (via Zoom or FaceTime) • Online licensing/permitting for certain licenses and permits r um� u • Expansion of inspection staff when appropriate. If an inspection can be done by municipal staff with fewer emergency responsibilities (such as building inspector assisting with compliance health inspections) inspections could be completed more quickly. faelllfirfleaIIl assistance to adalll t to iirie r ireguutllllafimns: • Support to secure PPE and cleaning supplies • Access to testing sites • Printable signage for physical distancing requirements • Webinars and online information on regulations • Translated materials and interpreters on-hand (partner with local CBOs for job placement) IIIIII IIIIII IIIIIIedIIIIIIate, SliaIr IlridIII1............o lllm qs rd Illllr IIIIII e s IIIIp o IIII s e The temporary measures listed above, such as outdoor vending and regulatory relief, should be well-documented and evaluated to determine effectiveness for the future • Future reopening processes if physical distancing is required for future control of COVI D-19 • Future regulatory reform to make temporary relief measures permanent. Regulatory improvements should be made considering future use • Wherever possible, system improvements should be designed to allow for future improvements IIIIII. ��� °IIIIII IIIIII IIIIII�IIIIIII�IIIIII IIIIII IIIIII IIIIII IIIIII IIIIII IIIII �IIIII IIIIII �IIIIII �IIIIII IIIIII IIIII I11'111!n�a u ire adequate ataffiiii iiin , a iirm�d Illhii o t ure of o IIIP e iir at°,iiii o iirm�, Ilya iirt iiii c u r IIII a iirllll y fo iir regiAlatoiry fuu.uir ctuiioui a ,. II ui ufll d a d d ul l.J o iirrl a llll calpacfty cur it d r°'rxIlpe iurfl s via a lure i) rru irrl iiii otr iir iii t uii e , to oIIII IIII ege s, (ouirm d at iii o iiriu a aril d iirm o iu°mr°°III tiro°fiiit o iirtr iiriu iid °tr tliii o iirm r . CouriirrIIIIIiuiIIIIe data • Access the latest dataset on the small businesses in the community. While not a complete reflection of the current number of small businesses, this will provide a baseline understanding of the number, type and size of businesses. • Conduct a baseline survey of businesses (template link) . IIII)iirorriiii d e nnal:eiiriaIls a iin d s u r Illf Illf r iurt fin iirn uii IIIII Vi Illftllll e IIII a iirui f(uages um IIII u p gym. a um 5. IIIII;ngage a w iiirlll<iiiiin) grouIp of& mtaIIIIIIII Ill ut.i iiiiuness Ileaders, fifiiiiruuainsiiiialIII ifiiunst°aifiitutiiiioiiirms, sir aIIIIIIII Illbtisuiiiness suIllsIpemrt: IIpmrovuiidemrs, amnd aca eironiiis fumnstitutiomns to advise fii iurmnn Illls IIII e iiur�rm e iin to t ii10 loran . IlDeveIIII o Ip to ck!te iuriursm ifi inn e Ilhow su Illf Illf'o mrt°, wife IIII IIII b(I"! aIIIIIIIIoc laid amrmlt to ItsuiisIl[fri II misuiimruuessem Municipal decisions should be made considering questions regarding: • What are the goals of the assistance:job preservation? Business preservation? Downtown revitalization? Product or service availability?Wealth creation? • Are there particular business types that the municipality should target? • What is the current municipal capacity to provide support currently and what will it be in the next fiscal year? • What is the capacity of of the partners of the municipality(local chambers, small business assistance organizations, etc.)to provide support? ""°° liteveIIIImimeIlp win evaIIIItmum tfiioin ffrwirne ttiiir[( Determine key metrics to track to determine the effectiveness of small business support Key quantitative metrics to track: • Sales tax, meals tax (Note: The state publishes this data every month and every two months, respectively.) • Number of permits, licenses • Number of inspections • Number of health, safety violations • Number of business closures/openings and jobs lost/added • Commercial vacancy rate and vacancy location database Key qualitative metrics to track • Business owner confidence in future, perception of current conditions • Business owner needs • Consumer confidence, feeling of safety while engaging in commerce Develop data collection and analysis process • Determine staffing • Partner organizations to assist with data collection • Develop qualitative data collection tools (link to survey template) • Determine frequency • Create or adapt a database • Develop reporting process AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Discuss Draft Grant of Location Policy PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager 1.5 SUMMARY: Town Counsel and I have edited the proposed policy guidelines on grant of location for poles as per the Select Board's previous discussion and have attached the revised policy for the Board's review. Once the Board has reviewed and determined how you wish to move forward(whether this needs to go to the Policy Committee or not), we can finalize it and place it on an upcoming agenda for approval. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 6:00pm ATTACHMENTS: Description Type D 0011i POLY Cover Men-Ka TOWN OF LEXINGTON SELECT BOARD POLICIES FOR GRANTS OF LOCATION IN THE PUBLIC WAY: Adopted:_,2020 1. Consistent with MGL cc. 164 and 166,the Select Board shall have the sole authority to issue Grants of Location for the placement of any structures within public rights of way in the Town of Lexington, including but not limited to new poles,the relocation or alteration of existing poles, and for the addition to or subtraction of equipment or other items from or on poles. Examples of poles covered by these policies include poles that have equipment,wires, or other items attached to or located on them for the purposes of electrical,telephone,cable, lighting, signage,wireless, cell telephone,or data transmission. 2. The Select Board shall hold a public hearing prior to deciding an application for a Grant of Location. The public shall be permitted to speak at such public hearings, subject to reasonable time restrictions established by the Chair of the Select Board. 3. The Select Board shall cause written notice to be mailed to the owners of the properties that directly abut the portion of the public way where the Grant of Location is sought no later than the seventh day prior to the public hearing described in Section 2. 4. Applications filed pursuant to this Policy shall: a. Identify all other poles located within 500 feet of the requested location,the owner of such poles, and the owners of the equipment located thereon; b. Be reviewed by the Town of Lexington Engineering Department to determine whether the Grant of Location would create any conflict with other public works within the public way. The Engineering Department shall provide its written opinion to the Select Board. The Engineering Department may require the applicant to provide a detailed description and specifications of the structures, equipment, and other items involved, a schematic plan and photographs of the existing and proposed condition, photograph of the existing condition, a map showing the location of the structures at issue, and whatever other documentation the Engineering Department reasonably may request; c. Be reviewed by the Lexington Police Department, prior to the public hearing, to determine whether the Grant of Location would create any public safety concerns within the public right of way; d. Apply to no more than one wireless facility, cell telephone, or data array unless Applicant can demonstrate that there are no other suitable locations for such installation; provided that a wireless facility may contain more than one antenna on a pole if placed there by one Applicant; and e. Not propose any signage related to the use of the pole, other than directional, wayfinding, traffic,or message signs erected by the Town of Lexington, or its designee. 5. The Select Board may reject or appropriately condition a Grant of Location, in the sole discretion of the Select Board, if the proposed structure: a. Is located within 20 feet of a similar,existing structure; b. Is located in or near an historic district or historic asset as determined by the Lexington Historic Districts Commission or Lexington Historical Commission, and the proposed pole does not comply with the prevailing historical standards for said historic district or historic asset as determined by the Lexington Historic Districts Commission or Lexington Historical Commission, as applicable; c. Interferes in any manner with access and use of a public way; d. Presents a danger to the public or to other property; e. Violates any federal, state or local law, including but not limited to the Lexington Zoning Bylaw and the Americans With Disabilities Act; f. Is inconsistent with the color scheme, methods of concealment, mass, and location of similar facilities existing in the area; or g. Is not certified by a written report of a Massachusetts-licensed structural engineer. 6. The Select Board may condition Grants of Location on the applicant's commitment to: a. remove any of its unused wires, bundled wires, loose wires, or doubled poles within 500 feet of the site of the requested location; and b. notify any other owner of their unused wires, bundled wires, or doubled poles within 500 feet of the site of the requested location. 7. The Applicant shall maintain adequate general liability, property damage, and personal injury insurance, in the amounts specified by the Lexington Town Manager, naming the Town of Lexington as an additional insured,for the duration of the time that the structure exists within a public way in the Town of Lexington. 8. The processing fee for each Grant of Location application shall be$250, payable at the time the application is filed. No hearing shall be held, nor any approval granted, until the application is complete, including all documentation required under these policies. 9. Facilities permitted under this policy may not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b) or other applicable federal or state laws. 10. No public hearing or approval for a Grant of Location application shall occur if the applicant has any outstanding payments due to the Town of Lexington, including but not limited to any taxes,fees, fines, or electricity charges. 11. No Grant of Location shall be transferrable without the approval of the Select Board. The Select Board may, in its discretion, hold a hearing, consistent with the provisions of these guidelines regarding a request to transfer a Grant of Location. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Accept Easement - Lexington Hills Pedestrian Easement PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager I.6 SUMMARY: Attached please fund a memo from the Planning Department and a revised easement document and the associated plans. This easement document has been fully vetted by allparties and found acceptable to town counsel. In summary, lots 1 & 19 are owned by the same person and they wish to move the pedestrian easement from the property line between lots 1 & 19 to the far side of lot 1. SUGGESTED MOTION: Move to accept the alteration of the pedestrian easement as shown on the attached plans and easement document and further to authorize the Town Manager to sign the easement document on behalf of the Select Board. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 6:20pm ATTACHMENTS: Description Type Planning g[X,.pt I`n un-o Cover Pale°ran lllearns (1 er me.rmm) a�'�$moANh c d 4PAIl l9` Fq-rf V City' Town of Lexington Date: June 4,2020 To: Jim Malloy, Town Manager From: Sheila Page Assistant Planning Director cc: Amanda Loomis,Planning Director Re: Approval of Lexington Hills Subdivision Minor Modification—Relocation of Easement between Lexington August Realty Trust, as grantor, and the Town of Lexington, as grantee. Enclosed is the above-referenced Relocation of Easement document for the approval/acceptance by the Select Board at their upcoming meeting. The Planning Board voted to approve the relocation at their May 13, 2020 meeting. This document has been fully vetted by all parties and found acceptable to town counsel at this time. In light of the covid-19 emergency making notarizing signatures extremely difficult, it is suggested by town counsel that the Select Board vote to approve/accept the easement, and authorize the Town Manager to execute the easement on its behalf. The Town Clerk need to notarize the vote as well as the Town Manager's signature. In addition,the SJC tolled the appeal periods to July 1. 1 ask that the Select Board approve the easement subject to the appeal period running through without an appeal. The appeal period is expected to end July 21,2020. Lexington Hill subdivision was approved in 2007 and is not complete. The original pedestrian easement and drain easement was between lot 1 and 19. These two lots are to be purchase by the same entity so wish to have the pedestrian easement moved to the other side of lot one. The drain easement will remain in its original location. The Planning Board and the Greenways Corridor Committee are amenable to this change. Attached is a pdf of the new easement location. "Sam, mar 8w.5Ea' 14 a� w i .?77.1- 19 Ar A:JJ8971A ss CART PAT LAh / " loo ARCA: (Space Above this Line Reserved for Registry of Deeds) RELOCATION OF PEDESTRIAN EASEMENT o Lexington Hills 15, LLC, a Massachusetts Limited Liability Company of 110 Stuart Street—Unit lac 26B, Boston, MA 02116 (the "Grantor") and all those claiming by, through and under it and the •:� Town of Lexington, a municipal corporation in Lexington, Massachusetts (the "Grantee") hereby j agree to the relocation of a certain pedestrian easement described in a Grant of Easements 6 recorded with the Middlesex South District Registry of Deeds ("Registry") on September 14, 2007 in Book 50138,Page 520 (the "Original Grant of Easements"). The easement relocated ,E� hereby is described in the Original Grant of Easements as follows: a The perpetual rights and easements to use for pedestrian access to County of U Middlesex Land known as Lot 1 A on Lexington Assessor's Map 2 the Prop. . . . Pedestrian Easement on Lots 1 and 19 . . . , as shown on said Property Rights and Dimensional Standards Plan, sheet 4 of said Plan (the "Lot 1/Lot 19 Pedestrian Easement"). d The Lot 1/Lot 19 Pedestrian Easement shall be relocated. The new location is shown on a plan entitled"Plan of Land in Lexington, Massachusetts (Middlesex County)prepared for Lexington a August Realty Trust" dated January 23, 2017 (the "Plan") and is described on the Plan as "Proposed Pedestrian Easement 10' Wide". Consistent with the vote of the Lexington Planning Board taken at its meeting of February 1, 2017, the Lot 1/Lot 19 Pedestrian Easement shall hereafter be located on the eastern most boundary of Lot 1 as shown on the Plan. A copy of the Plan is attached hereto as Exhibit A. The Drain Easement described in the Original Grant of Easement and shown on the Plan on Lot 1 and Lot 19 is not relocated or affected hereby. The pedestrian easement described in the Original Grant of Easement and shown on the Plan as Proposed Pedestrian Easement on Lot 6 is not relocated or affected hereby. By signing below, the Grantee hereby accepts the relocation of the Lot 1/Lot 19 Pedestrian Easement as a new grant of easement. With the exception of the above-described relocation of the Lot 1/Lot 19 Pedestrian Easement to the eastern most boundary of Lot 1 as shown on the Plan, all other rights and easements in the Original Grant of Easement are not affected hereby. < SIGNATURES ON FOLLOWING PAGES > Signed as a sealed instrument this day of 120 GRANTOR: Lexington Hills 15, LLC George E. Haddad, Manager COMMONWEALTH OF MASSACHUSETTS ss. On this day of , 20 before me, the undersigned notary public, personally appeared George E. Haddad, as Manager of Lexington Hills 15, LLC,proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, ❑personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged the foregoing to be his free act and deed as Manager of Lexington Hills 15, LLC and that he has the authority to act in that capacity. Notary Public My Commission Expires: Signed as a sealed instrument this day of 12017. TOWN OF LEXINGTON By: Name: James Malloy Title: Town Manager, duly authorized COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. On this day of , 2020 before me, the undersigned notary public, personally appeared James Malloy, Town Manager of the Town of Lexington, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD This is to certify that at a meeting of the Lexington Select Board duly held on the �] day of[ ], 2020, the Select Board voted as follows: VOTED: To approve the Amended and Restated Grant of Easement between North Shore Residential Development, Inc., as grantor, and the Town of Lexington, acting by and through its Conservation Commission, as grantee, substantially in the form presented at the [ , 2020] meeting of the Select Board, with final changes to be approved by the Town Manager in his reasonable discretion in consultation with town counsel; and VOTED: To authorize the Town Manager to execute and accept said Amended and Restated Grant of Easement on behalf of the Select Board. Nathalie Rice Town Clerk [DATE] COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. On this day of , 2020 before me, the undersigned notary public, personally appeared Nathalie Rice, Town Clerk of the Town of Lexington, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: EXHIBIT A (PLAN) SZRRT F E Y p 1//♦ b L � G "V 1OT ��e^E " �� �♦ ��-a"� �� � �� �_ tie �a11`.h,Sey�sS PoS�a,>' n! ♦ � � V� [1`'� �.'• N C W 5 a I 1 is+u9 w r / \ N / O / gym+%♦♦ m a vl� h i / �y CSyt.0 00 y r oil � N g Lrr Z rcr� lot \ z A � u a 6♦ �.' � r ti \ � �'¢z i aa g ` \ _Q t �1501A•� \ � I - _ v Fo Ca��� �r B � Ai JB•SEiBACA \ -� 3 YS m � w c� -------------- E-,I ID 31, so,4�," S0940, Ez I'll p 4. ol'o, OQ "0,vr- 66 LO -hi ti hi �2 12 hN "Tr SSII 16% 3 ITHI HIM 1 5 I of zoo ST got MIN� o g h b W � � ti + g � flit ogillObi�� 8&fiiR5S5tA88888 a� . . .o �s °R, � ° \ 3p �33�333 a3�a3333300¢3 `• Q m h i I " U N c l o ll �" ::° :.•.m. ° ° + mminow ll "°°£b'1'e�n-'- '- `gym \= r.a�_`� • " c' F HI r-, Lu 7 � wzaa'3a.� son RHO ' t-- 7 0 0 � w ��- � 5 too Who I� z' � N r n'Via: z � �3 o � r � a ggpd s � i� oil I? its 2 its a I AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Conflict of Interest Determination: David Williams - Board of Appeals PRESENTER: ITEM NUMBER: Select Board Chair 1.7 SUMMARY: Mr. Williams has filed a disclosure form of perceived potential conflict of interest as it relates to his participation at the Board of Appeals 6/11/20 Hearing for the Hancock Church Sign request. Mr. Williams states he is a member of the Hancock Church but does not have a financial interest and does not feel there is a conflict of interest and can give a fair and impartial review. He asks the Select Board for their confirmation that there is not conflict so that he may participate in the Board of Appeals discussion on Hancock Church. SUGGESTED MOTION: Move that the Board has determined that(there is/is not) a conflict of interest for Mr. William's participation in the June 11, 2020 Board of Appeals hearing regarding the Hancock Church sign application. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 6:30pm ATTACHMENTS: Description Type If).M'illl➢um VKte ip MMyana ia4 DISCLOSURE OF APPEARANCE OF CONFLICT OF INTEREST AS REQUIRED BY G. L. C. 268A,§23(b)(3) PUBLIC EMPLOYEE INFORMATION Name of public employee: 11 % ;4 V Title or Position: M e4"_kAft &A (+ Agency/Department: Town of Lexington/Boar V tj ok Z z&v,( u se a Adz Agency address: Lexington, MA 02420 �10r__ Office Phone: Office E-mail: In my capacity as a state,county or municipal employee, I am expected to take certain actions in the performance of my official duties. Under the circumstances,a reasonable person could conclude that a person or organization could unduly enjoy my favor or improperly influence me when I perform my official duties,or that I am likely to act or fail to act as a result of kinship,rank, position or undue influence of a party or person. I am filing this disclosure to disclose the facts about this relationship or affiliation and to dispel the appearance of a conflict of interest. APPEARANCE OF FAVORITISM OR INFLUENCE Describe the issue that is coming before H r4 ri C- t4 you for action or decision. 114-1 What responsibility do you have for taking action or making a decision? Explain your V rellalionship or affiliation to the 0:-,// pe rson or #V organization. &4AI-C-A. -R&—wdoyour official actions or decision matter to the person or organization? -6-1ptonall: Additional fa"s-e.g.,why thqBre is a low risk of undue favoritism or WRITE AN X TO CONFIRM THE STATEMENT BELOW. If you cannot confirm this statement, —X—Taking into account the facts that I have disclosed above, I feel that I can perform my you should official duties objectively and fairly. recuse yourself. Employee signature: Attach additional pages If necessary. Not elected to your public position—file with your appointing authority. Elected state or county employees—file with the State Ethics Commission. Members of the General Court—file with the House or Senate clerk or the State Ethics Commission. Elected municipal employee—file with the City Clerk or Town Clerk. Elected regional school committee member—file with the clerk or secretary of the committee. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Future Meeting Dates PRESENTER: ITEM NUMBER: Select Board Chair 1.8 SUMMARY: Review schedule for upcoming Select Board regular meetings SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/10/2020 6:35pm ATTACHMENTS: Description Type D 'ra POSed Sdea k Wand @kee6ing;Sellueuiuxle Backup Ma>eu-W Proposed Select Board Regular Meetings Monday,June 15,2020 6:00 p.m. Select Board Meeting Remote Participation Monday,June 29,2020 7:00 p.m. Select Board Meeting Remote Participation Monday,July 13,2020 7:00 p.m. Select Board Meeting Remote Participation Monday,July 27,2020 7:00 p.m. Select Board Meeting Remote Participation Monday,August 10,2020 7:00 p.m. Select Board Meeting TBD Monday,August 24,2020 7:00 p.m. Select Board Meeting TBD Monday,September 14,2020 7:00 p.m. Select Board Meeting TBD Monday,September 21,2020 7:00 p.m. Select Board Meeting TBD Monday,September 28,2020 7:00 p.m. Select Board Meeting TBD